termsofuse

Terms of Use

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY.

This Terms of Use agreement was last updated on 6th May 2024.

Cloud Counselage Private Limited (“CCPL”), primarily operates, controls and manages the Services (as defined below) provided from its registered office at 91 Springboard, 1 & 2 Floor, Kagalwala House, Behind Metro House, Plot No. 175, CST Road, BKC, Kalina, Mumbai - 400098, Maharashtra, India (“Registered Office”).

Acceptance of Terms

The terms and conditions set forth below (“Terms of Use”) and the Privacy Policy (as defined below) constitute a legally-binding agreement between CCPL and user of website (“You”). These Terms of Use contain provisions that define your legal rights and obligations with respect to your use of this website including its various functionalities, Internet links and CCPL’s services available through its website “dolphintank.in” (“Website”) (such services, collectively, the “Services”) to the users of the Website (each, an “User”). The Terms of Use described below incorporate the Privacy Policy and apply to all Users of the Website. The Website is owned and operated by CCPL.

You acknowledge that the Website provides the User with (i) information about the various programmes conducted or to be conducted by CCPL through its brand “Dolphin Tank”, and (ii) the option to fill up the signup/application form, and, by using, visiting, and/or otherwise participating in the Website, including the Services presented, promoted, and displayed on the Website, you hereby certify that: (1) you have the authority to enter into these Terms of Use, and (2) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. You also acknowledge that signing up/submitting the application form does not guarantee enrollment/admission/right of participation in any of the programmes of CCPL but is merely an intimation to CCPL about your interest in the same. If you do not agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or using the Website immediately.

YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT OR IN THE ALTERNATIVE, YOUR LEGAL GUARDIAN HAS AGREED TO ENTER INTO THIS CONTRACT ON YOUR BEHALF AND YOUR USAGE OF THE WEBSITE IS UNDER SUPERVISION OF SUCH LEGAL GUARDIAN.

All references to “you” or “your,” as applicable, mean the person that accesses and/or uses, the Website in any manner.

MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

CCPL reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and CCPL will post the amended Terms of Use on the Website. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

CCPL has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced in the Terms of Use set forth herein. Your use of the Website is governed by the Privacy Policy.

The Privacy Policy is located at: https://dolphintank.in/

2. Accessibility and Eligibility Criteria

LICENSE TO ACCESS

CCPL hereby grants you a non-exclusive, revocable license to use the Website as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website or the Website Services in any medium without CCPL’s prior written consent; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Website.

ELIGIBILITY CRITERIA

Use of the Website is available only to individuals who are (i) at least 18 years old and can form legally binding contracts under applicable law or in the alternative (ii) under 18 years of age, but their legal guardians have agreed to enter into contract on their behalf and your usage of the Website is under the supervision of such legal guardian. You represent, acknowledge and agree that you are at least 18 years of age or your legal guardian has entered into contract on your behalf, and that: (a) all information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through the Website do not violate any applicable law or regulation.

ADDITIONAL POLICIES

Your access to or use of the Website is subject to the Terms of Use and all applicable CCPL regulations, guidelines and additional policies that CCPL may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that CCPL publishes on the Website (the “Additional Policies”). You hereby agree to comply with the Additional Policies and your obligations thereunder, at all times.

3. Use of the Website

While using the Website, you shall not violate any laws, third-party rights, or any provision of the Terms of Use.

The above prohibitions provide examples and are not complete or exclusive. CCPL may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at CCPL’s discretion, CCPL will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website or on the Internet.

4. Rules for Users

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Users shall only provide such personal information which is true to the best of their knowledge.

5. Services

CCPL only provides the following Services on the Website; (i) information about the programme conducted or to be conducted by Cloud Counselage Pvt. Ltd., and (ii) option to fill up the signup/application form. It is clarified that filling up the signup/application form does not guarantee enrollment/admission/right of participation in any of the programmes of CCPL but is merely an intimation to CCPL about your interest in the same.

6. Modification or Cessation of the Website

CCPL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that CCPL shall not be liable to you or to any third party for any modification, suspension, or discontinuance of CCPL Services.

7. Intellectual Property Rights

The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by CCPL.

All intellectual property rights on the Website are solely owned by CCPL.

Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of CCPL. CCPL reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.

8. Dispute Resolution

If a dispute arises between you and CCPL, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CCPL hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Website in accordance with this Section or as we and you otherwise agree in writing.

The parties shall endeavour to settle any Dispute through friendly consultations and negotiations amongst the parties. “Dispute” means any dispute, difference, controversy or question arising in connection with the interpretation, performance, termination of this Terms of Use, or otherwise in connection with the Website. If no settlement can be reached through consultations of the parties within fifteen (15) days of the Dispute, either party may, by delivering a notice of the Dispute to the other party, refer such matter to be settled by arbitration by a sole arbitrator to be jointly appointed by the parties to the Dispute.

All arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 which is deemed to be incorporated herein by reference. The award shall be final and binding and may be enforced in any appropriate jurisdiction. The arbitrator shall decide any such Dispute strictly in accordance with the governing law specified in this Terms of Use. When any Dispute is under arbitration, except for the matters under Dispute, the parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under this Terms of Use.

The costs and expenses of the arbitration, including, without limitation, the fees of the arbitration and the arbitrator, shall be borne equally by the parties to the Dispute and each party to such Dispute shall pay its own fees, disbursements and other charges of its counsel, except as may be otherwise determined by the arbitrator. The arbitrator shall have the power to award interest on any sum awarded pursuant to the arbitration proceedings and such sum would carry interest, if awarded, until the actual payment of such amounts.

The seat or legal place of the arbitration shall be Mumbai, India. The language to be used in the arbitration shall only be English. Subject to the above, the parties agree to submit themselves to the exclusive jurisdiction of the courts of Mumbai, India. The Terms of Use shall be governed in all respects by the laws of India.

9. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE WEBISTE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND CCPL AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE WEBSITE, THE SERVICES OFFERED ON OR THROUGH THE WEBSITE. CCPL DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WSIBITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE.

10. Limitations of Liability

IN NO EVENT SHALL CCPL, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED VIA THE WEBSITE; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE; (VII) ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CCPL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

11. Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CCPL, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.

12. Notice

You agree that CCPL may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website. You may give notice to CCPL by written communication to the address mentioned at the start of the Terms of Use.

13. General Information

ENTIRE TERMS OF USE

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by CCPL on the Website, shall constitute the entire agreement between you and CCPL concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and CCPL’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

STATUTE OF LIMITATIONS

You agree that any cause of action arising out of or related to the Website must commence within six (6) months after the cause of action accrues. Otherwise, such cause of action is permanently barred.

SECTION HEADINGS

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

Mumbai, Maharashtra

info@dolphintank.in