Terms of Service

Effective date: January 01, 2019

Definition

Unless the context otherwise requires, any word, term or expression used in these Terms of service shall be construed according to its ordinary meaning. This shall be without prejudice to the following:

"Organization" shall mean CodeBinary;

"Personal Data" shall have the same meaning as is attributed to it by the Data Protection Act;

"Services" shall mean the provision of any service provided by the organization;

"User" or "Users" shall mean anyone making use of the services provided by the organization and/or anyone accessing the website of the organization for whatever purpose;

"Website" shall mean the website operated by the Organization having the following url- https://codebinary.in/

"Cookies" shall mean a bundle of data sent from a web server to a browser and stored on the hard drive of the computer from which the browser is being accessed;

Use of Services

Use of Service provided by the organization through its Website shall be conditional on agreeing to observe the following Terms of Use. These terms and conditions outline the rules and regulations for the use of CodeBinary's System and Services. By accessing these we assume you accept these terms and conditions in full. Do not continue to use CodeBinary's system and services if you do not accept all of the terms and conditions stated on this page.These Terms apply to all visitors, users and others who access or use the Service.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Proper Use of Services

User shall use the services only for the lawful purpose and in particular they shall not:

  1. make use of any obscene, threatening, menacing, offensive, defamatory materials or such materials as are in violation of any law or regulation, in breach of confidence, harmful to minors, in breach of intellectual property right or otherwise unlawful when making use of the services impersonate any person or entity, falsely state or otherwise misrepresent affiliation with the person or entity;
  2. make use of the service so as to cause other users or third parties to receive unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  3. make use of the services to knowingly or negligently transmit any electronic material that may be detrimental or/and cause any sort of damage or malfunction to the computer system of the Organization or of any other User or third party; and
  4. collect or store Personal Data about other Users or third parties;

Any breach of the aforementioned shall entitle the Organization to terminate your use of the service.

Limitation of Liability

Under no circumstances shall Code Binary, its affiliates or its subsidiaries, or the respective officers, directors, agents, employees, sponsors, and the other partners of each responsible or liable for any direct, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the site, the services available on the site or the information contained within the site, even if it has been advised of the possibility of such damages. Further, Code Binary’s entire liability under these terms and conditions of use shall be limited to the amount paid for the use of the site, if any. Your sole remedy for dissatisfaction with this site and/or site-related services is to stop using the site and/or those services.

Intellectual Property

All rights, including copyright, in the content of the Website are owned or controlled for these purposes by the Organization. User may only download the content for your own personal non commercial use.

Users are not allowed to copy, broadcast, download, store (in any medium), transmit, show, or play in part or whole, adapt or change in any way the content of the Website for any other purpose whatsoever without the written permission of the Organization.

Refund Policy

This refund policy is being provided by CodeBinary for the benefit of student purchasing the services provided by CodeBinary

Refund policy: Refunds or cancellations can only be issued if you have requested it within the 15 day cooling off period. If a cancellation is done by a customer after 15 days then no refunds will be made.

About the offer: A 10% of refund will be given to the customer who has applied for the refund.

Further, to participate in Refund policy, the Customer(s) needs to have registered account on CodeBinary. The refund under this Refund policy are neither assignable nor transferable under any circumstance

The refund to the Customer(s) shall be given subject to compliance with all applicable statutory legislations, processes and formalities and on production of all such documents/papers, as may be required by CodeBinary. Any failure on the part of the Customer(s) to comply with directions issued by CodeBinary for claim of refund shall entitle CodeBinary to forfeit the refund.

Any Customer(s) providing any incorrect information or concealing/withholding any information from CodeBinary with intent to participate in this Refund policy will automatically be disqualified from participating in it and being chosen as the Customer(s) being entitled of refund. Such act of providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, mobile connection of Operator number, domicile etc., by the Customer(s) or dispute with the CodeBinary Platform, shall entitle CodeBinary to disqualify him/her without any further intimation.

CodeBinary reserves its right to take appropriate legal action against any Customer(s) involved in illegal/unauthorized activity.

This Refund policy is subject to guidelines/ directions issued by any applicable competent authority from time to time.

This Refund policy is designed/sourced by CodeBinary, are as per their best of efforts. In case there is any discrepancy or dispute regarding the Refund policy, the decision by CodeBinary shall be final and neither CodeBinary nor any third party shall have any liability towards any Customer(s). No queries/complaints whatsoever in this regard will be entertained.

CodeBinary reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Refund policy or any part thereof including the eligibility criteria, the T&C and prize/refund at their sole discretion at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond their control and the same shall be binding on the Customer(s).

CodeBinary does not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Customer(s).

CodeBinary neither guarantee or warranty the refund being refund policyed nor is liable/ responsible for any defect/failure in the refund so obtained/availed, by the Customer(s) under this Refund policy.

CodeBinary shall also not be liable for any defect/discrepancy in the refund so refund policyed to the Customer(s) under this Refund policy.

The Customer(s) understand and agree that CodeBinary, its owners and affiliates, shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), to the customer(s) and/or any third party, directly or indirectly, by use or non-use of the refund money.

The Customer(s) understand and agree that acceptance of the refund by them, constitutes grant of permission to the facilitators to click photographs of the Customer and use the Customer’s names, photograph, preferences (likes and dislikes), voice and comments for advertising and promotional purposes in any media worldwide, only for the purposes of advertising and trade without any additional compensation whatsoever to the Customer(s).

The customer(s) hereby provides his/her irrevocable consent for sharing/submission of his/her personal information to CodeBinary, and subsequent use by CodeBinary of such information for lawful purposes as per its discretion.

CodeBinary shall not be responsible for any claims from any Customer(s) or any third party arising out of any failure(s) which is beyond the reasonable control of the CodeBinary

Without limiting the generality of the foregoing, the CodeBinary shall not be responsible for any claims arising out of technical failures before, during or after the completion of the Refund policy including but not limited to any technical failures in the mobile/device/computer/laptop connectivity, delay in sending or receiving the SMS for participating in the Refund policy, any type of delay , any action that has been initiated, actioned or completed through his/her mobile phones/device/computer/laptop, failure of servers or any type of failures arising out of technical snags or resultant inability of the Customer(s).

The Customer(s) hereby agree and undertake not to hold CodeBinary and/or any of their group entities or affiliates, their respective directors, officers, employees, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses, either direct or indirect or remote that they may/might have suffered, sustained or incurred, or claim to suffer, sustain or incur, by way of and /or on account of this Refund policy.

CodeBinary may, at its sole discretion, reject requests for availing Refunds from users requesting serial or repeated refunds, or Users who have violated or are suspected of violation of the Terms of Use, Disclaimer Policy or any other terms and conditions of use of the Website.

If at any time you disagree with this Refund Policy or any part of it, your sole remedy is to cease use of all CodeBinary services and terminate your account. However, any transactions occurring prior to the date of such termination shall be governed and controlled in full by the terms of this Refund Policy.

Any dispute arising out of this Refund policy’s T&C shall first be attempted to be resolved amicably through negotiations.

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:
    1. Government agencies;
    2. Search engines;
    3. News organizations;
    4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
  1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    2. dot.com community sites;
    3. associations or other groups representing charities, including charity giving sites,
    4. online directory distributors;
    5. internet portals;
    6. accounting, law and consulting firms whose primary clients are businesses; and
    7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to contact@codebinary.in. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow a time of 1-2 weeks for response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of CodeBinary's logo or other artwork will be allowed for linking absent a trademark license agreement.

Indemnity and Release

User shall indemnify the Organization and its parents, subsidiaries, affiliated Companies, officers and employees and hold them harmless from any and all claims and expenses, including legal fees arising from your use of the Services.

User shall release the Organization and its parents, subsidiaries, affiliated Companies, officers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever.

Privacy

The Privacy Policy of the Organization as stated in the Company’s website shall not apply vis-a-vis such data and/or information as a User may disclose to another User.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Violation of Terms of Use

Violation of these Terms of Use or any other rights of the Organization entitles the Organization to pursue any and all legal and equitable remedies against the responsible User including, without limitation, termination of the services.

Violation of these Terms of Use or any other rights of the Organization entitles the Organization to pursue any and all legal and equitable remedies against the responsible User including, without limitation, termination of the services.

In the event that a court decides, decrees, judges or in any other way considers that one or more rights or provisions set forth in these Terms of Use are invalid, the remainder of the Terms of Use shall be enforceable and to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such rights or provision that has been declared invalid or unenforceable.

Change in Terms of Use and Service

The organization reserves the right to change, alter or modify the services from time to time, for any reason, and notice, including the right to terminate the services offered by the Organization.

The Organization further reserves the right to change, alter or modify without prior notice the present Terms of Use.

The Organization shall not be liable to any User for any modifications, suspension or discontinuance of the Services.

Contact Us

If you have any questions about this Terms of Service, please contact us via e-mail to the following address: contact@codebinary.in