Welcome to www.nucleondigital.in (“Website”) , a platform that brings together student engagement, content delivery and administration tools in one place and is focused on helping tutors go online to support a blended learning approach and digital learning solutions through video conferencing and related services for digital learning solutions (Website and Application are hereinafter collectively referred to as “Platform”) owned and managed by Nucleon Digital, partnership firm
These Terms of Service (“Terms”/ “Terms of Service”) along with Privacy Policy and other terms and conditions of the Platform, govern your visit and use of the Platform for student engagement, content delivery, administration tools, digital learning solutions through video conferencing, collaboration, or otherwise and related services, support, professional services offered on the Platform (together or individually referred to as “Service”) operated by the Company.
In this Terms of Services "we", "our" and "us" refers to the Company and "you", "your" and/or “Users” refers to the user of the Platform. Our Platform is for the users intending to avail the Services. You must be 18 years of age or older to visit or use the Website and/or Application in any manner. If you are under the age of 18, you should review this Terms of Service with your parent or legal guardian to make sure that you and your parent or legal guardian understands and agrees to it and further, if required, you shall perform or undertake such activities which will entitle you to enter into a legally binding agreement with the Company. By visiting this Website and/or Application or accepting this Terms of Services, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and/or Application and agree to and abide by this Terms of Services.
This Terms of Services is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000, rules made thereunder, and any other applicable statutes, as amended from time to time. This Terms of Services does not require any physical, electronic or digital signature.
Please read these Terms of Services carefully. By accessing the Website, and utilizing the Services on the Platform, you indicate, agree and acknowledge that you understand, agree and consent to this Terms of Services, our Privacy Policy and other terms and conditions of the Platform (“Agreement”), and to the collection and use of information in accordance with this Terms of Services.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@nucleonplus.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service. Nucleon, Inc. ("Nucleon") provides an open online content creation platform designed to allow Creators to build, design, publish, and sell courses and services ("Content") to their Students. Nucleon Digital offers this Content creation platform along with a number of additional services and tools (e.g. payment gateways, author and affiliate payouts) and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as "Nucleon Digital Services".
By using our Platform in any manner You are expressly agreeing to, and give Your consent to be governed by, these Terms. If You do not agree with these Terms or You do not wish to be bound by these Terms, You must not use or access Nucleon Digital's Platform in any manner.
Nucleon Digital is neither a content provider nor an educational institution. Creators and Students are not employees of Nucleon Digital. Nucleon Digital is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their Content available and, at each Creator's election, for processing payments through Nucleon Digital's payment gateway(s). Nucleon Digital is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student's reliance upon any information provided by a Creator or Creator Content at any time.
As stated in our Privacy Policy, Nucleon Digital only provides Creators with limited information about the Students enrolled in their Content, including name, email address, IP address, and the Content in which the Student has enrolled. This information is only available to the Creator upon the purchase or enrollment of a Student in the Creator's Content. Nucleon Digital does not provide, sell, rent, release, disclose, or otherwise transfer Student data to Creators for monetary or other valuable consideration.
Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator on the Platform. II. Terms Applicable to All Users of the Nucleon Digital Platform
A. Age of Access
You must be at least 18 years old to use the Platform, or, if You are between the ages of 13 and 18, You must have your parent or guardian's permission to use the Platform. By using our Platform, You are telling us by your actions that You have obtained that permission (You are 'representing' and 'warranting' that You have obtained the appropriate permissions to use our Platform). IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE OUR PLATFORM IN ANY MANNER NOR MAY YOU REGISTER FOR AN ACCOUNT.
B. License to Creators & Students
Nucleon Digital grants You a limited, non-exclusive license to access and use Nucleon Digital's Platform for Your own personal and commercial purposes. This license is only for Your use and may not be assigned or sublicensed to anyone else, without Nucleon Digital's express written consent. Except as expressly permitted by Nucleon Digital in writing, You will not try to reproduce Nucleon Digital's Platform (legally that's known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by Nucleon Digital are reserved.
C. Code of Conduct
We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it's better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform.
1. No Illegal Activity: This is about as simple as it gets. Do not use the Nucleon Digital Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
2. No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity.
3. No Bad Code: Do not use the Nucleon Digital Platform to transmit, distribute, send, or otherwise expose the Platform or its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
4. No Spamming: Seriously. No one likes spam. We don't like spam. We're pretty sure that You don't like your inbox cluttered with spam. You may not use the Nucleon Digital Platform to engage in any activities that will result in sending spam to anyone on the Nucleon Digital Platform, including Nucleon Digital (and its employees), Creators, and Students.
5. Be Civil: We mean this. We're an open platform allowing myriad subject matters to be taught. Not all Content is for everyone. But the one thing we can all agree on is that when we use the Nucleon Digital Platform we are going to be civil and respectful at all times.
6. No Exploitation: You will not use the Nucleon Digital Platform to try to gather personal information on anyone outside of the limited permissible uses for offering or accessing Content.
7. No Impersonation: Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of Nucleon Digital. You will not impersonate anyone on the Nucleon Digital Platform, including Nucleon Digital (and its employees), Creators, and Students.
8. No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods.
9. No Use Other Than Intended: You may not use the Platform or any Content contained on the Platform for any purposes other than intended.
10. No Prohibited Content: You may not use the Platform if Your Content contains material that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in Our sole discretion.
If You violate this Code of Conduct, we reserve the right to remove You and any of Your Content from the Nucleon Digital Platform. Whether conduct violates our Code of Conduct will be determined in Nucleon Digital's sole discretion.
A. Coaching Nucleon Digital may provide the opportunity for Creators to sell coaching offerings ("Coaching") to Students in addition to the courses that the Creator sells on the Platform (together Coaching and courses are referred to as Content). All Coaching offerings shall be covered by this Agreement and are included in the definition of Content. Should the Coaching involve any third party content, You agree that Nucleon Digital is not responsible in any way for such content, and makes no representations or guarantees as to its merchantability or fitness of use. The delivery of the Coaching is the sole responsibility of the Creator.
B. Intellectual Property and Data Processing In operating our Platform, it's important for us to make it clear who owns what and who's responsible for what. You are trusting us with Your content and consistent with Nucleon Digital's genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the Nucleon Digital community.
1) Nucleon Digital Content: Content that Nucleon Digital uploads to the Platform, Nucleon Digital intellectual property and proprietary information, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Nucleon Digital Content", and is and remains the sole property of Nucleon Digital. Nucleon Digital Content, including our trademarks, may not be modified by You in any way.
2) Your Content: Content that You upload to the Platform is and remains Your content. Nucleon Digital does not claim any intellectual property rights over the materials You upload to the Nucleon Digital Platform by virtue of Your use of Nucleon Digital Services. By uploading Your content to the Nucleon Digital Platform, You agree that:
a) Nucleon Digital may review Your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Nucleon Digital has no obligation to review anything that You upload.
b) You are uploading Your content to the Nucleon Digital Platform at Your direction and Nucleon Digital does not in any way certify or provide approval or permission prior to You uploading Your content.
c) Nucleon Digital may display Your content to other users (e.g. Your Students) via the Nucleon Digital Platform.
d) You agree that by uploading Your content to Our Platform, You are allowing Us to store Your Content.
e) You agree to provide Nucleon Digital with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (e.g, to display or transmit) Your Content in furtherance of the Nucleon Digital Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers).
f) You are responsible for and own, or have the rights to use, all of Your Content.
3) Content Free of Infringement of Any Third Party Rights
a) You agree that Your Content does not infringe upon anyone else's intellectual property rights and that You have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.
b) In plain language, this means that if You're using someone else's work (including videos, text, charts, powerpoints, etc.) in Your Content, You've gotten the content owner's permission to use it. You wouldn't want anyone selling any of Your Content without Your permission. If You are going to use something that You didn't create, make sure You can demonstrate that You have the right to use it before You make it a part of Your Content.
A. Nucleon Digital Reserves the Following Rights Over the Entire Nucleon Digital Platform:
1. Nucleon Digital may modify, terminate, or refuse to provide Nucleon Digital Services at any time for any reason, without notice.
2. Nucleon Digital may remove anyone from the Nucleon Digital Platform at any time for any reason, solely in Nucleon Digital's discretion. This right is not modified by any other section of this Agreement.
3. Nucleon Digital reserves the right to access Your account, School, and Content in order to respond to requests for technical support, to maintain the safety and security of the Nucleon Digital Platform, and for other legitimate business purposes, as necessary, in Nucleon Digital's discretion.
4. Nucleon Digital may, but has no obligation to, monitor any content that appears on the Nucleon Digital Platform or review any conduct occurring through the Platform, including any interactions between Creators and Students and Nucleon Digital employees.
5. Nucleon Digital reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
6. If You close Your account or terminate Your school, Nucleon Digital may keep a copy of Your content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.
7. Nucleon Digital reserves the right to remove You and Your Content without warning if You violate any of the provisions of this Agreement.
8. Nucleon Digital has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time.
Nucleon Digital takes a firm stance against anyone who is infringing upon anyone else's intellectual property. This Platform is all about You transforming Your knowledge into Content. We draw a hard line when the Nucleon Digital Platform is used to exploit someone else's intellectual property.
A. Copyright Violations If Nucleon Digital has a good faith belief that any content (including Creator Content) appearing on its Platform violates any copyrights or has been illegally copyrighted, Nucleon Digital reserves the right to remove, block, or otherwise 'take down' the content. Nucleon Digital also reserves the right to remove from the Platform any Creators, Students, or other parties, who are repeat offenders of the Nucleon Digital repeat offender policy.
By using Nucleon Digital's Platform, You may receive communications from third parties (e.g. a Creator may communicate with a Student). Nucleon Digital is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Nucleon Digital assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.
Through the Nucleon Digital Platform, You will have the ability to access content, links to websites, and services provided by Creators, Students, and other third parties ("Third Party Offerings"). Your use of any Third Party Offerings provided on this Platform or a third party website is at Your own risk. Nucleon Digital does not monitor or have any control over, and makes no claim or representation regarding Third Party Offerings and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Offerings. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party. VII. Payments
A. Gateway Options
Nucleon Digital operates on payment gateway provided by third party
1) Appointment of Nucleon Digital as a Limited Payment Collection Agent for Nucleon Digital Native Gateways: Each Creator collecting payment for services provided on the Nucleon Digital platform via Nucleon Digital Native Gateways hereby appoints Nucleon Digital as the Creator's payment collection agent solely for the limited purpose of accepting funds from Students purchasing such services.
a) Each Creator agrees that payment made by a Student through the Nucleon Digital Native Gateways shall be considered the same as a payment made directly to the Creator, and the Creator will provide the purchased services to the Student in the agreed manner as if the Creator has received the payment directly from the Student. Each Creator agrees that Nucleon Digital may refund the Student in accordance with the Terms. Each Creator understands that Nucleon Digital's obligation to pay the Creator is subject to and conditional upon successful receipt of the associated payments from Students. Nucleon Digital guarantees payments to Creators only for such amounts that have been successfully received by Nucleon Digital from Students in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Creator, Nucleon Digital assumes no liability for any acts or omissions of the Creator.
b) Each Student acknowledges and agrees that Nucleon Digital acts as the Creator's payment collection agent for the limited purpose of accepting payments from you on behalf of the Creator. Upon payment of the funds to Nucleon Digital, the Student's payment obligation to the Creator for the agreed amount is extinguished, and Nucleon Digital is responsible for remitting the funds to the Creator in the manner described in these Terms, which constitute Nucleon Digital's agreement with the Student. In the event that Nucleon Digital does not remit any such amounts once successfully received from the Student, the Creator will have recourse only against Nucleon Digital and not the Student directly.
c) By using Nucleon Digital Payments You agree that Nucleon Digital may place a portion of Your school sales in reserve for a period of time to cover losses, chargebacks, refunds, etc. The current reserve period and amount are located on our Knowledge Base page regarding Nucleon Digital Payments. The amount of reserves and the length of time in which they are held are subject to change at Nucleon Digital's sole discretion. Should the reserve period or the amount withheld change, Nucleon Digital will make reasonable efforts to update the Knowledge Base page to communicate these changes. All Nucleon Digital Payment gateway fees will be deducted before the funds are sent to the Creator. The fees associated with Nucleon Digital Payments are subject to change, in Nucleon Digital's sole discretion. By using Nucleon Digital Payments, You agree to the fees as set by Nucleon Digital.
Nucleon Digital will pay 18 % GST as tax from the fee collected from students. If any educator or institute has GST number he may share will Nucleon Digital to claim tax input.
Nucleon Digital is not responsible for setting the pricing on a Creator's Content. Prices for Creator Content are set by the Creator.
Nucleon Digital will charge 20% of fee collected from selling of courses by each individual educator or institute after deducting GST of 18% payable to Indian Govt.
XIII Payout rules
Fee collected by student will be transferred after three weeks of fee collection. For this creator have to share correct account details with Nucleon Digital.
In the unlikely event that there is a dispute over the ownership of an account, Nucleon Digital has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:
• a copy of Your photo ID;
• Your business documents, including a Charter, Certificate of Incorporation, LLC Agreement, business license, or other documentation showing ownership of Your entity;
• Your billing information and details;
• Certified copies of your tax forms; and
• Other documentation as we deem necessary to settle the dispute
Should a dispute arise, Nucleon Digital reserves the right determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law
1. Courses
1. If student does payment for course ,he/she may ask for refund within seven day from starting starting date of the course or payment date on the basis of following reasons
Course is not started on date scheduled by faculty.
Courses are not held on the time which was offered by educator/institute
Per week classes taken are lesser than the offered.
If you are seeking for refund kindly send mail mentioning all reason at support@nucleonplus.com
2. In case of refund application Nucleon Team will talk to educator .Nucleon reserves full right to decide that refund case is applicable or not .
2. General Provisions a) It is the Student's responsibility to understand the refund policy for Content prior to purchasing such Content from a Creator. b) Nucleon Digital reserves the right to provide a refund to any student at any time in Nucleon Digital's sole discretion.
1.If Your account is deleted (regardless of the reason), Your Content may no longer be available. Nucleon Digital is not responsible for the loss of such content upon deletion.
2. Upon deletion of Your account (regardless of the reason), all licenses granted by Nucleon Digital will terminate.
1. Should a school, course, Creator account, or Student account be canceled or deleted, the Creator or Student may no longer have access to Nucleon Digital Content and Content may be irrecoverable. Nucleon Digital shall not be liable to any party in any way for the inability to access Content arising from any cancelation or deletion, including any claims of interference with business or contractual relations.
Nucleon Digital does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does Nucleon Digital guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. Nucleon Digital may make improvements and/or changes to the Platform and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Content are the responsibility of the Creator who owns the Content. We reserve the right to amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to Creators and Students.
In running the Platform, we require that You understand and agree that Nucleon Digital is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that Nucleon Digital doesn't warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Nucleon Digital will be limited to a portion of the fees You have paid us.
Our limitations of liability are as follows:
A. You agree that Nucleon Digital, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the Nucleon Digital Platform.
B. You agree that Nucleon Digital shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications.
C. Nucleon Digital is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command.
D. Nucleon Digital does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
E. The Nucleon Digital Platform is provided to You on an "As Is, As Available" basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the Nucleon Digital Platform.
F. Nucleon Digital disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.
G. Nucleon Digital shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform.
H. You agree that Nucleon Digital shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless Nucleon Digital, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other Nucleon Digital policies, and copyright and other intellectual property law)
I. You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.
J. You may not assign Your rights under this Agreement without Nucleon Digital's prior written consent.
K. Should Nucleon Digital's limitation of liability not be applicable, Nucleon Digital's sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to Nucleon Digital over the prior twelve (12) months directly preceding Your claim, unless otherwise required by law.
L. You agree that Nucleon Digital shall not be liable for any content that appears on the Platform.
M. Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.
N. You agree that any cause of action or claim that You may have against Nucleon Digital must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred.
Nucleon Digital reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing Creators and Students from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.
We may use third-party service providers to monitor and analyze the use of our Service.
13. Intellectual Property
The Platform and its original content (excluding Content provided by users), features and functionality, structure, expression, “look and feel”, all graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (“Company Data”) are and will remain the exclusive property of the Company and its licensors. The Platform is protected by copyright, trademark, and other applicable laws in the jurisdiction applicable to the operations of the Company . Our trademarks may not be used in connection with any product or service without the prior written consent of the Company.
Except as expressly provided in these Terms of Services, no part of the Platform and no Company Data may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial use, without the Company’s express prior written consent. Company Data on the Platform is solely for your personal, limited and non-exclusive use. Use of the Company Data on any other web site or networked computer environment or use of the Company Data for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.
We respect the intellectual property rights of others and expect our users to do the same. The Company may terminate in appropriate circumstances the accounts of users who infringe or are believed to be infringing the rights of copyright holders.
You may provide us either directly at support@Nucleonplus.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback shall not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
Our Platform uses third party application program interfaces and may contain links to third party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THESE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
THE PLATFORM AND SERVICES AND THE COMPANY DATA ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR PLATFORM AND THE SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE PLATFORM THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR CLAIMS BY YOU OR ANY THIRD-PARTY IN THIS REGARD.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR LICENSOR, OFFICERS, DIRECTORS, EMPLOYEES, OTHER LICENSEE AND AGENTS HARMLESS FOR ANY LOSS, DAMAGE, OR CLAIM, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY CENTRAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS OR TERMS OF SERVICE, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGE OR CLIAMS. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES ON THE PLATFORM.
UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, INCLUDING BUT NOT LIMITED TO THE INFORMATION, CONTENT, MATERIALS ON THE PLATFORM, OR ANY PART THEREOF. WHILE THE COMPANY SHALL TAKE REASONABLE PRECAUTIONS AGAINST SECURITY BREACHES, THE PLATFORM OR INTERNET TRANSMISSION IS NOT COMPLETELY SECURE, AND AS SUCH, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR.
We may terminate or suspend your account and bar access to the Platform or any of the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms of Services or any other Agreement.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of these Terms of Services which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Notwithstanding the foregoing, if you breach these Terms of Services or Privacy Policy or other rules and policies, the Company reserves the right to recover any amounts due and owing by you or to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
These Terms of Services shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions, and any disputes relating to these Terms of Services and other Agreements will be subject to the exclusive jurisdiction of the courts of Kota Kota, RajasthanRajasthan , India.
The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, or accident or non-availability/ delay in transport, any endemic, pandemic, epidemic or outbreak of any disease including Covid-19.
We reserve the right to withdraw or amend our Services, and any service or material we provide via the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform or the Services, or the entire Platform, to users, including registered users.
We may amend this Terms of Services at any time by posting the amended terms on the Platform. It is your responsibility to review these Terms of Services periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Platform and the Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform and the Service.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert any right or provision under Terms of Services shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Services will continue in full force and effect.
The Company may transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms of Services without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Services.
BY USING THE PLATFORM OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Please send your feedback, comments, requests for technical support by email: support@Nucleonplus.com
In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the name and contact details of the Grievance Officer are provided below:
Director
Nucleon Digital
Address: A 479 Indra Vihar Kota Rajasthan Pin 324005
Email: support@Nucleonplus.com
CONTACT
Nucleon Digital
A-479 Indra Vihar Kota Rajasthan 324005
contact@nucleonplus.com
08035073579
8 A.M. - 8 P.M (Everyday)
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