THIS AGREEMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS/DOCUMENTS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011. THIS IS A COMPUTER-GENERATED ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. TERMS AND CONDITIONS MENTIONED IN THE AGREEMENT ARE A BINDING CONTRACT BETWEEN HONEYCOMB LEARNING DESIGN AND USERS. THE TERMS ARE EFFECTIVE UPON ACCEPTANCE AND SHALL GOVERN THE RELATIONSHIP BETWEEN HONEYCOMB AND USERS FOR SERVICES THROUGH WEBSITE HTTPS://WWW.HONEYCOMBLEARNINGDESIGN.COM. IF THESE TERMS CONFLICT WITH ANY OTHER DOCUMENT/RECORDS, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL UNLESS AND UNTIL FURTHER CHANGE/MODIFICATIONS NOTIFIED BY HONEYCOMB.
Welcome to https://www.honeycomblearningdesign.com (Website/Mobile Application) that is absolutely owned and operated by “Honeycomb Learning Design” providing services relating coaching, learning and designing program/courses and conducting workshops (hereinafter referred to as “Honeycomb”, which expression shall unless repugnant to the context thereof, include its successors and assigns) a sole proprietorship concern under laws of India.
“Honeycomb”; “us”; “we”; “our” shall mean Honeycomb Learning Design, a sole proprietorship concern, having its office at B-501, Mayfair Marvel, Chincholi Bunder Road, Malad - West, Mumbai - 400064.
“Service(s)” shall mean various services offered by us through Website or published on any social media including but not limited to coaching, learning and designing courses/programs, social media campaigns, arranging workshops and training sessions, consultation, certified courses in learning design etc. or any other allied services offered from time to time.
“Users” shall mean Users who visit and access the Website, who may or may not register to avail Services.
“Website” shall mean https://www.honeycomblearningdesign.com owned operated and managed by us.
“You” or “Your” or “Yourself” refers to the Users or viewers of this Website.
3. AVAILING SERVICES
You shall be able to access certain Services available on the Website at free of cost and for availing certain other Services You need to Register. Services can be availed through online and offline mode. User can go through the course details/program details and click on the enroll button. Once You Register for any particular Service, You are required to pay applicable fees for that Service.
4. REGISTRATION AND PAASWORD
For Users, there is no fee to access the Website but in case any fees are made applicable to avail all or some of the offerings it shall be duly informed to You. As a guest, any viewer can navigate and browse through the Website as well as download free learning tools, schedule clarity call or coaching call with us. However, Users must Register to avail the Services available on the Website. Registration can also be done through log in credentials on Facebook or any other social media platform as prescribed by Website from time to time. In case Your login through Facebook, or any other social media platform, You authorise the Website to obtain and verify Your credentials with such platforms.
You are required to provide personal details while registering on the Website. In case you are an individual or applying in personal capacity, you will require to provide information including but not limited to full name, address, email ID, gender, mobile number, country, state, city, postal code, educational qualification, designation, course preference, batch time, referral, referral phone number (if applicable). In case you are representing or owning an entity, you will require to provide name of entity, address, contact person, email ID, mobile number, country, state, city, postal code, number of persons, course preference, batch time etc. while registering on the Website.
You agree that at the time of registration, the information provided by You shall always be accurate, correct and complete. You shall be responsible for maintaining the confidentiality of Your account and password and You agree to accept responsibility for all activities that occur under Your account. You can change Your profile information and any other details that You have shared with the Website and You shall promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You. You shall provide any additional information as required by the Website from time -to- time. We also reserve the right to refuse registration or delete accounts at our sole discretion. You must not set up an account on behalf of another individual or entity unless You are authorized to do so. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions committed by You.
5. SERVICE DESCRIPTION
Through this Website, we provide Services to Users as mentioned below –
- Website is engaged in the business of providing a platform that offers knowledge and skills related to learning experience design related to e-learning, mobile learning and virtual reality, blended learning, game based learning, instructor-led training, online learning, through various courses / programs / workshops / webinars / seminars and blogs.
- The Services are mainly offered to teachers, higher education faculty, parents, corporate professionals, various e-learning companies, students etc.
- Certified design learning courses are offered to individuals who are keen to learn skills and gain knowledge for designing of various programs / courses.
- Honeycomb Learning Design offers consultancy services based on “Design Solutions Framework” which ensures provision of compelling solution, improvement in performance of individual, meeting current as well as future needs etc.
- Honeycomb Learning Design offers coaching to corporates, individuals, eLearning companies and educational institutes for their learning - training initiatives.
- Website offers various free learning tools for learning designers, trainers, teachers, and faculty.
6. USE OF WEBSITE
- You may avail Services available on Website from time to time.
- You understand and acknowledge that it is Your responsibility to read and understand all information as well as details about each Services before You proceed to avail the same.
- Before actual enrollment with Website and conducting payment procedure, you shall ensure that, You fill in correct data for availing particular Service as per your requirement.
- In case of any wrong information or data is provided, you may not avail appropriate Services and You shall be solely liable at Your cost for replacement.
- Once you enroll and register with Website, you shall be directed to payment gateway option for making the payment as per the terms and condition specified therein. On making the necessary payment, you shall receive confirmation email stating details of Services for which you have registered.
- We may share notification of our upcoming programs on Website and LinkedIn and also notify you through emails, WhatsApp message or any other mode of communication.
- You may download free educational tools available on Website. In case any cost is applicable in future, Website shall provide notification with respect to the same.
- You may purchase e-books or hard copies of books as provided by the Website from time to time.
- In case you are availing Services through online mode, confirm and ensure that facility for internet connection shall be non-disrupted and the Website and Honeycomb shall not be responsible or liable for any disruption or error while using Service.
7. MODE OF PAYMENT
User agrees to make payment with the help of PayU Money or by any other mode as may be made available on Website from time to time. User agrees to abide by and adhere to the terms and conditions of Payment Gateway providers. Website shall display prices of the Services and Users liability regarding tax and GST as applicable from time to time. Website may give discounts and / or offer combined programs to some Users as decided by Website from time to time. The payments shall be secured as per permissible remittance mechanism and payment gateways. The Users understand and acknowledge that Website undertakes utmost care to provide secure online payment system, however, it is susceptible to hacking, virus attacks, malfunction. The Users undertake all payments subject to own risk and volition. The Website shall not be liable for any loss or damage occurred to you due to any such malfunction, errors and / or unscrupulous activities.
8. REFUND AND EXCHANGE POLICY
The Website shall not provide refunds or adjust any fees in whatsoever manner.
9. CUSTOMER SUPPORT
Any complaints regarding Services will be resolved through email between You and the Website as the case may be. You shall email us on firstname.lastname@example.org in order to register your complaint. [YNZ Legal Comment: Please provide customer support email id.]
10. CHANGE IN TERMS
11. CONTENT AVAILABLE
We follow ethical business practices and intend to provide the content which is authorised, relevant and applicable and does not infringe any third party’s rights. You acknowledge that Website does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that is shared by Users or any other content provider (collectively, the “Content”) which You may have access to as part of the Website, or through Your use of this Website. Under no circumstances, Website is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Website. You understand that by using this Website, you may be exposed to Content that You may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason. In case You notice any violation of Your intellectual property rights, you shall register Your complaint through email to the Website on email@example.com. After registering the complaint, Website will take appropriate legal actions against such incidence including removal of such Content.
12. CONTENT SUPPLIED BY YOU
You represent, warrant, and agree that no content or details shared by You with Website (“Your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
You grant us a personal, limited, revocable, non-transferable and non-exclusive right to use Your Content and details including but not limited to blogs, comments, video, audio, trademarks, service marks, logos etc. submitted by You, you also grant us the right (i) to display Your Content and details on the Website (ii) promote or distribute it for the access of other customers.
You agree that You are solely responsible for Your Content made available by You through the Website including but not limited to any liabilities arising out of any third-party infringement claims.
We reserve the right to screen, refuse to post, remove or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting of such content in a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain necessary permission to post the material.
13. LINKS TO THIRD PARTY SITES
This Website may contain links to other platforms owned and operated by third parties who are not related to the Website (“Linked Platforms”). The Linked Platforms are not under the control of Website and Website is not responsible for the content of any Linked Platforms or any hyperlink contained in a Linked Platform and makes no representation or warranty with respect to the content of any such third-party sites.
Website provides these links to You for convenience only and the inclusion of any link does not imply any endorsement of the Linked Platform by Website. Your link to any such Linked Platform is entirely at Your own risk. Website is not a party to any transaction between You and a Linked Platform. Your use of a Linked Platform is subject to the terms and conditions of that site.
The Website may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services unless specifically mentioned by Honeycomb. You are referred to the relevant advertiser for all information regarding the advertisement and its products or services. Website accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
14. ANCILLIARY SERVICES
You may get access to message boards, chat rooms, forums, blogs, emails, workshop, seminars and other feature (“Ancillary Services”) that are offered from time to time on the Website and may be operated by us or by a third party on our behalf. As elaborated in Ownership of Intellectual Property Rights, Honeycomb shall not be responsible for any copyright infringement for the blogs written on the Website. You shall not use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism or otherwise violating the legal rights, such as rights if privacy of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity.
15. PROHIBITED CONDUCT
You agree not to engage in any of the following activities :
Violating laws and rights:
You shall not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You shall not use the Website, or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
You shall not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Website, or violating any regulation, policy, or procedure of any network, equipment, or server.
You shall not share or transmit Content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not intimidate or harass another through the Website; and, you may not post or transmit any personally identifiable information about persons without obtaining such persons express permission to so through the Website.
Impersonation or unauthorized access:
You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Website. You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Website, or the computer systems or networks connected to the Website, through hacking password mining or any other means.
16. DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that use of the Website and the provision of the Services is entirely at Your own risk and that the Website and the Services therein are provided on an "as is" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Honeycomb, its officers, partners, employees, and agents disclaim all warranties, express or implied, in connection with the Website, provision of Services and your use thereof. Honeycomb makes no warranties or representations that -
- the content shared on the Website or any third party platforms linked to the Website are accurate or complete,
- The Website will meet your requirements,
- The Website will be available on an uninterrupted, timely, secure, or error-free basis,
- The results that may be obtained from the use of the Website will be accurate or reliable.
We may occasionally for brief periods suspend the operations of the Website for maintenance, updations or support work as we may deem appropriate. We are not liable for any inconvenience, loss or damages that may be caused to you during such periods of suspension.
We shall not be or responsible for any -
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Website;
- Any unauthorized access to or use of our servers and / or any and all personal information and / or financial information stored therein;
- Any interruption or cessation of transmission to or from the Website;
- Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and / or;
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via Website. Website does not warrant, endorse, guarantee, or assume responsibility for any Service advertised or offered through the Website or any hyperlinked platform or featured in any banner or other advertising.
17. LIMITATION OF LIABILITY
In no event shall Honeycomb, its officers, partners, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Honeycomb has been advised of the possibility of such damages), resulting from any aspect of Your use of the Website, including without limitation whether the damages arise from use or misuse of the Website, from inability to use the Website, or the interruption, suspension, modification, alteration, or termination of the Website. Such limitation of liability shall also apply with respect to damages incurred by reason of Services or rendered through or advertised in connection with the Website or any links on the Website, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website or any links on the Website. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Honeycomb shall not be liable for user details or content or defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with You.
In any event, the total aggregate liability of Website to You under any applicable law whatsoever for all loss or damage arising out of access to the Website shall be limited to amount of Services availed by You on the Website.
20. OWNERSHIP OF INTELLECTUAL PROPERTY
The Website and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Website are owned by the firm and its affiliates, subsidiaries, licensors, Users as the case may be. The Website respects copyright, and we prohibit Users from using the Content for professional gain, commercial purposes or using such content on social media without prior written permission of Honeycomb.
If You believe that the Website contains elements that infringe Your intellectual property rights in Your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion. If You believe that material or Services infringes a copyright, you may notify us at firstname.lastname@example.org with the details.
All materials on this Website, including but not limited to audio, images, software, text, icons and such like (the “Website Content”), are protected by copyright under the copyright laws. You cannot use the Website Content, except as specified herein. Users are not allowed to use the Website Content for any purpose other than specifically permitted herein. In case of violation of copyright laws, you shall be liable under Section 51 of Copyright Act, 1957 or any other such regulations from time to time.
Design Solution Framework is the trademark solely owned by Honeycomb. There may be proprietary logos, service marks and trademarks found on the Website whether owned/used by us or otherwise. By displaying them on the Website, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Website Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Survival : The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.
22. MISCELLENOUS TERMS
Force Majeure : Without limiting the foregoing, under no circumstances shall the Website is held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, epidemic, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Website.