INTRODUCTION
Welcome to Hackershala!
We are delighted that you have chosen Hackershala2.0 to help with your upskilling or training needs. The following pages create the terms and conditions of a contract between you and us which covers: (a) your use of our website; and (b) how we make our learning program available to you.
Whilst the full terms and conditions of this contract are set out further below. Along with the terms and conditions of the website you will need to rely on the contract entered.
(a) Website use
We are licensed to use and commercialize all the content and training on our website. The content is owned and controlled by HackDev Technology Pvt. Ltd. (CodeSnag, Hackershala, CyAid). We ask you to please respect the exclusive content.
You are not allowed to commercialise our website or the content on it (i.e., you are not allowed to make money or attract advertising to another business by using our website).
You can share our Homepage URL with others but if you only link to part of our website or copy and paste parts of it you have to acknowledge where the content comes from.
The content on the website includes Technical & Legal training sessions and courses, Placement training, Technical and legal Certification.
You are not allowed to develop, support or use software, devices or scripts to scrape the content on the website.
We comply with all relevant laws on Privacy and Data Protection, PCI DSS. In general, this means that we will only collect or process personal information for specific and lawful purposes, we won’t collect more than we need for those purposes or keep it for longer than necessary, we’ll do our best to keep it accurate, and we’ll keep it as safe as we can.
AGREEMENT BETWEEN USER AND HACKERSHALA
The Hackershala Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Hackershala Website constitutes your agreement to all such terms, conditions, and notices.
Hackershala offers a wide range of Services, and sometimes additional terms may apply. When you use Hackershala Services (for example: technical training courses, certifications etc.) you also will be subject to the guidelines, terms and agreements applicable to that Hackershala Service (“Service Terms”).
If these Terms of Use are inconsistent with the Service Terms, those Service Terms will be applicable.
Hackershala Web-site and Services may include: (a) your use and submission of data, text, audio, video, images, software (including machine images), or other materials (collectively, “Customer Content”) in connection with the Hackershala Web-site and/or Services; and (b) the use of various tools, websites, electronic media and services Hackershala may provide to you in connection with the Hackershala Web-site and/or Services (collectively, the “Hackershala Tools”). If you are entering into this Agreement for a commercial entity, government institution, or any other entity (“Entity”), such as the company or educational institution you work for, you represent that you have legal authority to bind that Entity.
The agreement between Hackershala and Users is only for upskills one’s knowledge base through those courses, certification, trainings and it does not indicate the guarantee to the placements. The training, certifications and courses offered by Hackershala is only for upskilling users knowledge base and skills, however it does not undertake assurance for the Placement by those offerings.
ELECTRONIC COMMUNICATIONS
When you use Hackershala Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Hackershala Services, such as our Message Centre, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
USE OF COMMUNICATION SERVICES
The Hackershala Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
VIOLATE ANY APPLICABLE LAWS OR REGULATIONS
Hackershala has no obligation to monitor the Communication Services. However, Hackershala reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Hackershala reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Hackershala reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hackershala’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Hackershala does not control or endorse the Customer Content, messages or information found in any Communication Service and, therefore, Hackershala specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Hackershala spokespersons, and their views do not necessarily reflect those of Hackershala.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
INTELLECTUAL PROPERTY COMPLAINTS
Hackershala respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
COPYRIGHT
All content included in or made available through any Hackershala Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Hackershala or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Hackershala Service is the exclusive property of Hackershala and protected by Indian and international copyright laws.
All contents of the Hackershala Website are: Copyright 2019 by Hackershala and/or its suppliers. All rights reserved.
TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Hackershala Service are trademarks or trade dress of Hackershala in the India and other countries. Hackershala’s trademarks and trade dress may not be used in connection with any product or service that is not Hackershala’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hackershala. All other trademarks not owned by Hackershala that appear in any Hackershala Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hackershala.
The names of actual companies and products mentioned in our websites and electronic assets may be the trademarks of their respective owners.
LINKS TO THIRD PARTY SITES
The Hackershala Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Hackershala and same is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hackershala is not responsible for webcasting or any other form of transmission received from any Linked Site. Hackershala is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hackershala of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Hackershala Website, you warrant to Hackershala that you will not use the Hackershala Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Hackershala Website in any manner which could damage, disable, overburden, or impair the Hackershala Website or interfere with any other party’s use and enjoyment of the Hackershala Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Hackershala Website.
LICENSE AND ACCESS
Subject to your compliance with these Terms of Use and any Service Terms, and your payment of any applicable fees, Hackershala or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Hackershala Website and make personal and non-commercial use of the Hackershala Services and only for intended purpose.
This license does not include any resale or commercial use of any Hackershala Service, or its contents, or any Customer Content; any collection and use of any product listings, descriptions, or prices; any derivative use of any Hackershala Service or its contents, or any Customer Content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Hackershala or its licensors, suppliers, publishers, rightsholders, or other content providers. No Hackershala Service and Website, nor any part of any Hackershala Service and Website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hackershala.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hackershala without express written consent. You may not use any meta tags or any other “hidden text” utilizing Hackershala’s name or trademarks without the express written consent of Hackershala. You may not misuse the Hackershala Services. You may use the Hackershala Services only as permitted by law. The licenses granted by Hackershala terminate if you do not comply with these Terms of Use or any Service Terms.
YOUR ACCOUNT
You may need your own Hackershala account to use certain Hackershala Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Hackershala sells products only to adults, who can purchase with a credit card or other permitted payment method. If you are not 18 years of age and/or within the specified age limit as mentioned under the relevant provisions i.e., “AGE AND PARENT/GUARDIAN CONSENT REQUIREMENTS”, you may use the Hackershala Website and Services only with involvement of a parent or guardian.
Hackershala reserves the right to refuse service, terminate accounts, terminate your rights to use Hackershala Website and Services, remove or edit content, or cancel orders in its sole discretion.
MATERIALS PROVIDED TO HACKERSHALA OR POSTED AT ANY HACKERSHALA WEBSITE
Hackershala does not claim ownership of the materials you provide to Hackershala (including feedback and suggestions) or post, upload, input or submit to any Hackershala Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission or Customer Content, you are granting Hackershala, its affiliated companies a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, publicly perform, reformat, translate, edit, create derivative works from, distribute, and display such Submissions or Customer Content throughout the world in any media and to publish your name in connection with your Submission or Customer Content.
Notwithstanding the foregoing, your Submission and Customer Content is your exclusive responsibility. You represent and warrant that
you own or control all relevant rights to Customer Content or Submission that you submit to Hackershala;
Customer Content (including, but not limited to, any Personal Information, as defined below) or Submission is accurate, truthful, and up-to-date;
any use of Customer Content or Submission will not violate this Terms of Use, infringe a third party’s proprietary rights, or cause injury to Hackershala or to any third person or Entity; and
you will indemnify, defend, and hold harmless Hackershala for all claims relating to Customer Content or Submission supplied to Hackershala.
Further, you agree that you will not submit any Customer Content or Submission that is illegal, obscene, sexually explicit, threatening, libellous, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
You may not submit Customer Content or Submission containing official personal identification numbers or codes (such as social security number, driver’s license number, passport or national identification numbers, policy numbers, bank account numbers, etc.), or highly sensitive personal information not related to the Hackershala Services and/or Website (such as race, ethnicity, religion, religious/philosophical beliefs, political or union affiliation or opinions, medical or health information, sexual orientation, disability, etc.).
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Submission or Customer Content. Hackershala reserves the right (but not the obligation) to remove or edit such Submission or Customer Content.
No compensation will be paid with respect to the use of your Submission or Customer Content, as provided herein. Hackershala is under no obligation to post or use any Submission or Customer Content you may provide and may remove any Submission or Customer Content at any time in Hackershala’s sole discretion.
Notwithstanding anything foregoing, you may opt to remove your Submission or Customer Content from the Hackershala Website at any time you wish.
USE OF THIRD-PARTY PLATFORM
Subject to age and parent/guardian consent requirements, you may connect with us via social media or other online accounts which may be connected with Hackershala. If you log into Hackershala via Facebook or join WhatsApp/Telegram Group, another third-party platform or service, you are bound by the terms and conditions of such third-party platforms.
Notwithstanding anything contrary in this Terms of Use, Hackershala’s WhatsApp group is a closed group and participation in this group is by invitation only. If you are a member of the WhatsApp Group, you agree that you will not (or assist others in using) use the third party platform in ways that: (a) violate, misappropriate, or infringe the privacy, publicity, intellectual property, or other proprietary rights of any other member and/or users; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialling, and the like; or (f) involve any non-personal use of Hackershala Services unless otherwise authorized by us. The group admin shall have the sole discretion to add and/or remove any member of this group. However, you may exit the WhatsApp Group at any time.
DISCLAIMER REGARDING CUSTOMER CONTENT AND SUBMISSION
The Hackershala Website and Services are not storage services, and Hackershala takes no responsibility and assumes no liability for Customer Content or Submission or any Third-Party Content. Hackershala has no obligation to you to store, publish, maintain, or reproduce Customer Content or Submission or Third-Party Content (including any archived copies). Hackershala does not—and has no obligation to—actively monitor Customer Content or Submission; however, Hackershala has the right to monitor, edit, or remove any of Customer Content or Submission for any reason, with or without notice. Because we have no obligation to monitor Customer Content or Submission, IT IS YOUR RESPONSIBILITY TO ENSURE CUSTOMER CONTENT OR SUBMISSION IS ACCURATE AND UP-TO-DATE, in compliance with the Terms of Use; AND you should exercise great caution to NOT provide Hackershala with any information you believe is sensitive.
YOUR SUGGESTION
If you provide any suggested improvements to the Hackershala Service and/or Website, or any features, programs, or offerings offered through the Service or Website (“Suggestions”), Hackershala owns all right, title, and interest in and to these Suggestions, even if you have designated them as confidential, and Hackershala will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions, and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Suggestions.
RISK OF LOSS
All purchases of physical items from Hackershala are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Hackershala attempts to be as accurate as possible. However, Hackershala does not warrant that product descriptions or other content of any Hackershala Service is accurate, complete, reliable, current, or error-free. If a product offered by Hackershala itself is not as described, your sole remedy is to return it in unused condition.
The training, certifications and courses offered by Hackershala is only for upskilling users knowledge base and skills, however it does not undertake assurance for the Placement by those offerings.
PRICING
With respect to items sold by Hackershala, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by Hackershala is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
LIABILITY DISCLAIMER
the information, software, products, and services included in or available through the Hackershala website and/or Hackershala service may include inaccuracies or typographical errors. changes are periodically added to the information herein. Hackershala and/or its suppliers may make improvements and/or changes in the Hackershala website at any time. advice received via the Hackershala website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Hackershala and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Hackershala website for any purpose. to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind.
Hackershala and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement to the maximum extent permitted by applicable law, in no event shall Hackershala and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Hackershala website , with the delay or inability to use the Hackershala website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Hackershala website , or otherwise arising out of the use of the Hackershala website , whether based on contract, tort, negligence, strict liability or otherwise, even if Hackershala or any of its suppliers has been advised of the possibility of damages because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you are dissatisfied with any portion of the Hackershala website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Hackershala website.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. in such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
Service contact: [email protected]
TERMINATION/ACCESS RESTRICTION
Hackershala reserves the right, in its sole discretion, to terminate your access to the Hackershala Website and Hackershala Service or any portion thereof at any time, without notice.
DISPUTES
Any dispute or claim relating in any way to your use of any Hackershala Website and/or Service, or to any products or services sold or distributed by Hackershala will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Arbitration and Conciliation Act and related laws apply to this Terms of Use.
APPLICABLE LAW
By using any Hackershala Website and/or Service, you agree that the Arbitration and Conciliation Act, Information Technology Act, Indian Contract Act, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Hackershala. Further, the parties specifically exclude the application of United Nations Convention on Contracts for the International Sale of Goods.
Use of the Hackershala Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
MISCELLANEOUS
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hackershala as a result of this Terms of Use or use of the Hackershala Website. Hackershala’s performance of this Terms of Use is subject to existing laws and legal process, and nothing contained in this Terms of Use is in derogation of Hackershala’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Hackershala Website or information provided to or gathered by Hackershala with respect to such use.
If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
Unless otherwise specified herein, this Terms of Use constitutes the entire agreement between the user and Hackershala with respect to the Hackershala Website and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hackershala with respect to the Hackershala Website.
A printed version of this Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Terms of Use and all related documents be drawn up in English.
MODIFICATION OF THESE TERMS OF USE
Please review our other policies, such as our privacy policy, Trademark Usage policy etc., posted on this site. These policies also govern your use of Hackershala Services. Hackershala reserves the right to change the terms, conditions, and notices under which the Hackershala Website and/or Hackershala Service is offered, including but not limited to the charges associated with the use of the Hackershala Website.
PROMOTIONS & DISCOUNT CODES
27.1. We may give you a promotional code or discount code (together the “Promo Code”) from time to time, which will reduce the price of Online Content and Courses, Unlimited or Subscription Access on our Site. The Promo Code(s) must be applied at checkout and cannot be applied retrospectively.
27.2. Each Promo Code will come with its own terms which will be made clear at the point of issue.
27.3. If a Promo Code has been issued to you, it is personal to you and cannot be transferred to any other person. If we believe it is being misused, not in line with our guidelines or we believe used fraudulently, we reserve the right to cancel the Promo Code.
27.4. The Promo Code cannot be transferred, sold or redeemed for cash or credit, and has no monetary value.
27.5. The Promo Code is only valid for the period of time specified in the terms of use or until the Promo Code has been used, when it will expire.