1.1
Iceboat Academia (the brand name used by Iceboat Studio LLP for providing educational and training services) welcomes you to its website https://iceboatstudio.com/
1.2
These Terms (as defined below) set out the essential terms and conditions that govern: (i) our relationship with you and clearly define and document our rights, responsibilities, and obligations; (ii) your access to and use of the Services (as defined below) provided by Iceboat Studio; and (iii) the actions, transactions, communications, and activities undertaken by you pursuant to the Services. These Terms are incorporated into and form part of the contract between you and us, including when you register yourself with us.
2.1
These Terms constitute an electronic record within the meaning of Applicable Law (as defined below) and do not require any physical or digital signatures. These Terms are published in compliance with, and are governed by, the provisions of Indian law, including but not limited to: (i) the Indian Contract Act, 1872; and (ii) the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 and the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011
2.2
Please read these Terms carefully before using the Services. These Terms apply to all Users of the Services, irrespective of the mode and the manner in which they have accessed the the Services. Please also read the Privacy Policy before you use the Services. The Privacy Policy describes how we collect, store, secure, retain, use, process, disclose, share, transfer and dispose of the information we collect or that you provide when you access or use the Services. If you do not understand or do not wish to be bound by the terms of these Terms, you should not use the Services
2.3
The Services are for adults or people who have attained the age of majority. As such we do not encourage minors to use the services. Subject to these Terms, use of the Services is available only to Persons (as defined below) who can enter into legally binding contracts under Applicable Law and the Services are not targeted towards, nor intended for use by, anyone under the age of 18 (Eighteen) years or anyone who is disqualified or not competent to enter into a contract under the Indian Contract Act, 1872 or any other Applicable Law. By using the Services, you represent and warrant that you are 18 (Eighteen) years of age or older and competent to enter into a contract. If you are under the age of 18 (Eighteen) years or the legal age of majority in your jurisdiction, your parent, or legal guardian must agree to these Terms on your behalf. Subject to the foregoing if you are not competent to enter into a contract for any reason whatsoever, you shall not, under any circumstances or for any reason, use the Services. Further: (i) you must not be prohibited from using the Services under applicable law; or (ii) we must not have previously disabled your Account for violation of any Law or our Terms. We may, in our sole discretion, refuse to offer the Services to any Person and/or change its eligibility criteria at any time
2.4
You are solely responsible for ensuring that these Terms are in compliance with all Laws applicable to you and the right to access the Services is revoked where the Services is prohibited or to the extent offering, or provision of the Services conflicts with any Applicable Law
2.5
The Content provided on or accessible through any digital medium is not directed to any other jurisdiction or country, including any jurisdiction or country where such distribution or use would be contrary to Law or that would subject Iceboat Studio to any registration or other requirement within such jurisdiction or country. Access to the Services from countries, territories, and jurisdictions where such access is illegal is prohibited. Iceboat Studio makes no representations that the services operates (or is legally permitted to operate) in all geographic areas, or that the Services or the information, offered are appropriate or available for use in other locations. Accessing the services from territories where any Content of the services or its portions thereof is illegal, is expressly prohibited. If you choose to access the services, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
2.6
If you are using the Services on behalf of an entity, company, or other organization/association, you represent and warrant that you: (i) have the authority to bind such entity, company, or organization/association to these Terms; and (ii) agree to be bound by these Terms on behalf of such entity, company, or organization/association.
2.7
If you are using the Services on behalf of any other Person (whether under his authority or otherwise), you represent and warrant that you: (i) have the authority to bind such a Person to these Terms; and (ii) agree to be bound by these Terms on behalf of such a Person.
2.8
Visiting, browsing, accessing, or using the Services, including by creating an Account (as defined below) constitutes your unconditional acceptance and agreement to be legally bound by these Terms, whether or not you are a registered user, you are agreeing to enter into a legally binding contract with Iceboat Studio. If you do not agree to these Terms do not access or otherwise use any of our Services. If you wish to terminate this contract at any time you can do so by closing your Account and no longer accessing or using our Services.
2.9
A minor may access and use the Services if enabled by a parent or legal guardian. If you are considered a minor in your jurisdiction, you represent that you have your parent’s or legal guardian’s permission to use the Services. Please have them read these Terms with you. If you are a parent or legal guardian of a minor in your jurisdiction, by allowing your child to use the Services, you are subject to these Terms and responsible for your child’s activity regarding the Services.
2.10
Iceboat Studio reserves the right, at any time and from time to time, to amend, modify, revise, update, suspend, remove and/or otherwise change these Terms without prior notice to you. All such amendments and modifications shall take effect immediately when posted on through digital medium. By continuing to access the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms. For this reason, we encourage you to review these Terms whenever you access the Services. Be sure to read these Terms periodically to ensure familiarity with the most current version of these Terms. If you do not agree to any change to these Terms, you must immediately stop using the Services.
2.11
Notwithstanding anything contained herein, we may, in our sole discretion, refuse to offer or suspend the Services to any Person for any reason.
3.1
Definitions : In these Terms, the following words and expressions shall bear the meanings assigned to them below:
3.1.1
“Applicable Laws” or “Laws” means all applicable laws, statutes, enactments, acts of legislature or parliament, ordinances, judgments, decrees, injunctions, writs, rules, by-laws, regulations, notifications, circulars, guidelines, policies, directions, directives, demands conventions, orders, interpretations, licenses and/or permits of all Governmental Authorities of all relevant jurisdictions;
3.1.2
“Content” includes all data, information and material of whatsoever nature, in digital form or otherwise, including writings, texts, comments, statements, remarks, observations, feedback, opinions, views, thoughts, ideas, testimonials, tributes, tags, ratings, scripts, calligraphies, books, documents, presentations, reports, images, pictures, photographs,GIFs, videos, audio files, films, podcasts, graphics, interactive features, software, product portfolios, and drawing and design files
3.1.3
“Course(s)” means the educational services offered by Iceboat Studio through the digital medium, including online educational/e-learning courses delivered with or without an instructor or mentor, or through audio visual means, or by self-study of educational materials, whether existing as on date hereof or which may be introduced by Iceboat Studio from time to time;
3.1.4
“Course Content” includes the components and contents of a Course, including Course syllabus and curriculum, Course descriptions, Course topics, Course sequences, Course structure and appearances (including graphic design, order of operations, look and feel, and page lay-out), instructional design, multimedia development, intended learning outcome (including assignments, tests, notes and presentations);
3.1.5
“Course Materials” includes all literary works or other works of authorship, artistic works, musical works, architectural works and educational and other software related to or prepared for or used in connection or conjunction with teaching, or delivering, the Courses, whether fixed or unfixed, in any form, including, but not limited to, digital, print, audio, visual, or any combination thereof, including syllabi, textbooks, lectures, lecture notes, instructional tools, technical designs, presentations, documentation, manuals, correspondence course packets, questionnaires, on-line course content shells, workbooks, instructor guides, media programs, study guides, bibliographies, machine readable instructions, visual aids, images, diagrams, and audio and video materials;
3.1.6
“Data Protection Laws” means any privacy and/or data protection Laws that apply to the processing of Personal Data in connection with the respective Party’s performance under this Agreement, or to the privacy of electronic communications, including, to the extent applicable, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, the General Data Protection Regulation (EU) 2016/679 (“GDPR”), as may be amended from time to time and any legislation or regulations implementing, replacing, amending or made pursuant to such Laws;
3.1.7
“Digital Platform” means all online-enabled infrastructure, all internet domains, mobile applications, widgets, and other downloadable applications developed, owned, operated and/or controlled by Iceboat Studio and their respective affiliates/licensors, and branded or licensed exclusively under Iceboat Studio, Marks, whether now existing or hereinafter developed, made available by Iceboat Studio, through which Iceboat Studio offers and provides the Services;
3.1.8
“Force Majeure” means any event beyond the reasonable control of Iceboat Studio including, but not limited to any act of God, act of governmental authorities, legislative changes, malicious third-party attacks on the digital platforms, electrical power fluctuations or failures, electrical or electromagnetic stress, environmental factors, failure of public utilities, labour unrest, hostilities between nations, war, riot, civil commotions, civil war, insurrection, blockades, import or export regulations or embargoes, national emergency, rainstorms, earthquake, fires, flooding, explosion or other exceptional weather conditions or natural disasters, acts of terrorism, accidents, sabotages, strikes, shortages in material or supply, destruction of service facilities, infectious diseases, epidemics, pandemics as well as travel restrictions or travel warnings due to any such events or any unforeseen change in circumstances;
3.1.9
“Government” or “Governmental Authority” means the union, state, local or other governmental authority exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, or any other governmental authority or statutory authority, department, agency, commission, organization, board, tribunal, court and/or other entity authorized to make Laws;
3.1.10
“Hiring Partner” means a Person partnering or collaborating with Iceboat Studio to hire Candidates who have been part of or associated with Iceboat Studio, including those who have upskilled or completed various Courses from Iceboat Studio
3.1.11
“Losses” includes all losses, liabilities, damages, interest, penalties, claims, costs and expenses, including those arising out of or based upon or in relation to any judgment, award, settlement, and reasonable attorneys’ fees and other costs related thereto;
3.1.12
“Mentor” includes a mentor, instructor, teacher, guide, or counsellor who designs, develops, creates, hosts or publishes on, and/or delivers the Courses through the digital platform;
3.1.13
“Iceboat Academia” means the brand name used by Iceboat Studio LLP for providing educational and training services, including but not limited to online and offline courses, programs, and related services. Iceboat Academia is not a separate legal entity, and all obligations, rights, and liabilities arising hereunder shall vest with Iceboat Studio LLP.
3.1.14
“Iceboat Academia Content” means Content created and developed by the Iceboat Studio, LLP and published on the digital platform, including the Courses, the Course Content and Course Materials;
3.1.15
"Iceboat Studio" means Iceboat Studio LLP, a company incorporated in accordance with the laws of India;
3.1.16
“Iceboat Studio Marks” means the trademarks, service marks, trade names, service names, brand names, brand marks, internet domain names, identifying symbols, logos, emblems, signs or insignia, owned by Iceboat Studio and their affiliates and licensors;
3.1.17
“Iceboat Studio Personnel” includes the officers, directors, employees, contractors, consultants, teachers, instructors, mentors, counsellors, agents, and/or representatives of the Iceboat Studio, LLP;
3.1.18
“Iceboat Studio Technology” includes the algorithms, software, hardware, code, technology, devices or other functional items, processes, systems, methods of operation, concepts, interfaces, web properties, communication pathways and/or protocols used by Iceboat Studio to provide the Platform and the Services;
3.1.19
Iceboat Studio Trade Secret” includes the business idea, commercial secrets, commercial method, know how, compilation of information, practice, pattern, technology, programs, systems, processes, compositions, technological data, technological prototypes, sales methods, distribution methods, profiles, advertising and marketing strategies, and other proprietary information developed by Iceboat Studio that: (i) provides Iceboat Studio with a competitive and economic advantage; (ii) is treated by Iceboat Studio in a way that can reasonably be expected to prevent the public or competitors from learning about it; and (iii) Iceboat Studio actively makes efforts to maintain as a secret;
3.1.20
“Person” means any natural person, limited or unlimited liability company, corporation, partnership (whether of limited liability or unlimited liability), proprietorship, Hindu undivided family, trust, union, association, Government or any agency or political subdivision thereof or any other entity that may be treated as a person under Applicable Law;
3.1.21
“Personal Data” means, as applicable,“personal data”,“personal information” or sensitive or personal information” as defined under Data Protection Laws or any other personal data or personal information protected by Law;
3.1.22
“Services” means the products, services, Content, features, applications, tools, data, documents, and information offered, made available or enabled by the Iceboat Studio from time to time, including the services described in Section 5 below;
3.1.23
“Student” means a Person who has purchased a Course through the website by paying the fee for the Course;
3.1.24
“Terms” includes: (i) these terms and conditions; (ii) such other guidelines, rules, policies and procedures posted by Iceboat Studio on the website, from time to time, including the Privacy Policy (each of which is incorporated herein by reference and forms an integral part of these Terms); and (iii) any other agreements and terms and conditions entered into with Iceboat Studio that govern: (a) your relationship with Iceboat Studio; (b) your use of the Services, as amended, modified and supplemented from time to time;
3.1.25
“User” includes any Person visiting, browsing, accessing, and/or using the website and/or the Services, including a student;
3.1.26
“User's Information” includes any and all information provided by a User, including profile information and information provided for creating an Account; and
3.1.27
“User's Content” includes any and all Content, data, information, comments, and posts, published, uploaded, posted, and/or saved by a User, including the User’s Information.
3.1.28
“Website” means Iceboat Studio’s internet domain https://iceboatstudio.com/ developed, owned, operated and/or controlled by Iceboat Studio and their respective affiliates/licensors, and branded or licensed exclusively under Iceboat Studio’s Marks, whether now existing or hereinafter developed, made available by Iceboat Studio, through which Iceboat Studio offers and provides the Services;
3.2
Interpretation
3.2.1
The terms “we”, “our” and “us” refer to Iceboat Studio.
3.2.2
The terms “you” or “your” refers to a User
3.2.3
Section headings are for convenience only and do not affect the construction or interpretation of any provision of these Terms.
3.2.4
References to Sections are references to the sections of these Terms.
3.2.5
In addition to the above terms, certain terms may be defined elsewhere in these Terms and wherever such terms are used in these Terms, they shall have the meaning so assigned to them.
3.2.6
Where a word or phrase is defined, other parts of speech and grammatical forms and the cognate variations of that word or phrase shall have corresponding meanings.
3.2.7
All references in these Terms to statutory provisions shall be statutory provisions for the time being in force and shall be construed as including references to any statutory modifications, consolidation, or re-enactment (whether before or after the date of these Terms) thereof and all statutory rules, regulations and orders made pursuant to a statutory provision.
3.2.8
Words denoting singular shall include the plural and vice versa and words denoting any gender shall include all genders unless the context otherwise requires.
3.2.9
The term “includes” or “including” shall be construed to mean without limitation.
3.2.10
All references to these Terms shall be deemed to include any amendments or modifications to these Terms, from time to time.
4.1
When you access the Services or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records (including SMS) from us periodically and as and when required, irrespective of whether you are registered under the Do not Disturb registry under Telecom Regulatory Authority of India, Government of India (TRAI) or not. Your act of accessing, browsing, or using the Services, or by contacting us through any means or medium, or engaging us to provide the Services constitutes a “verifiable request” by you authorising us to call or send messages, to your telephone numbers provided to or registered with us, with respect to the Services. We reserve the right to communicate with you by email or by such other mode of communication, electronic or otherwise.
4.2
You understand that as part of your registration process as well as in course of your use of the Services, you may receive SMS messages from Iceboat Studio on your registered mobile number. Iceboat Studio may also send one time passwords, subscription confirmations, payment confirmations cancellation confirmations, updates of the Services or any such other information relevant for the transactions undertaken by you, via SMS or by voice call on the contact number given by you at the time of subscribing to our Services or via email given by you at the time of subscribing to our Services. Please note that Iceboat Studio will send these messages only to the mobile number and email address that you provide to Iceboat Studio. It is your responsibility to ensure that you provide the correct number and email address for the transaction you wish to enter. Further, Iceboat Studio may also send notifications and reminders to you with respect to your subscriptions for the Services and features that you may be using related to our services. You hereby consent to receive such messages from Iceboat Studio.
4.3
The User hereby unconditionally consents that such communications via SMS, email and/ or voice call by Iceboat Studio is: (i) upon the request and authorization of the User; (ii) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of TRAI; and (iii) in compliance with the relevant guidelines of TRAI or such other Governmental Authority. The User shall indemnify Iceboat Studio against all Losses incurred by Iceboat Studio in the event any action is taken by TRAI or any other Person or Governmental Authority due to any complaint raised or made by the User against Iceboat Studio with respect to the communications mentioned above or due to a wrong number or email address being provided by the User for any reason whatsoever.
4.4
Users may also contact us through the chat services available on the Digital Platform. If you use the chat services to contact us, you consent to receive any notifications, messages, or other communications in response to any such contact.
4.5
You expressly consent to electronically receive all communications, agreements, documents, notices, and disclosures whether transactional or promotional in nature. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
5.1
Iceboat Studio is NOT a university, but an education service provider, offering the Courses through the Digital Platform.
5.2
Iceboat Studio will generally list all its Courses on its website. Iceboat Studio may add, withdraw, or modify the Courses, the Course Content, and the Course Materials at any time without notice. While Iceboat Studio does not personalize any Courses and related Course Materials, it may, at its discretion, present different students based on the nature of their learning ability, different versions of the same Course and Course Materials.
5.3
Iceboat Studio will, for certain Courses, specify the dates and the time schedule when these Courses will be available for students. Iceboat Studio may, at its discretion, and without incurring any liability to you, cancel or defer any scheduled Courses on notice. If Iceboat Studio cancels a Course for which you have prepaid, Iceboat Studio will refund the price you paid to Iceboat Studio.
5.4
Iceboat Studio will prescribe terms and conditions applicable to different Courses. When you enrol for the Course, you will be bound by the terms and conditions applicable to such Course. All features, content, specifications, and prices of the Courses described, published, or depicted on the website are subject to change without notice. Photographs and illustrations and other promotional material on the website are for promotional purposes only and they do not represent any benefit that will be included in any Course enrolled by you. The inclusion of any Course at a particular time does not imply or warrant that such Course will be available at any time. The Courses are subject to availability and can be withdrawn at any time and from time to time.
5.5
Iceboat Studio offers no academic credit for its Users. Participation in or completion of a Course does not confer any academic credit. Iceboat Studio and its Mentors have no obligation to provide any academic credit. Iceboat Studio may however, at its discretion, under the name of Iceboat Academia, offer verified certificates to the Subscribers on the successful completion of a Course.
5.6
Iceboat Studio shall not be liable for any delay, failure, non-performance or deficiencies in the Services and such delay, failure, non-performance or deficiency shall not constitute Iceboat Studio’s failure to meet the requirements detailed in these Terms, to the extent that any such failure is attributable to: (i) Force Majeure; (ii) User’s acts or omissions (including, among other things, violations of law, willful misconduct, negligent acts or breach of these Terms) or the User’s Information; (iii) restrictions/constraints imposed by public policy, moral and ethical standards and/or or standards prescribed by any recognised association; (v) restrictions/constraints imposed by Applicable Laws; (vi) a failure by the User to provide Iceboat Studio with any information or other material reasonably requested by Iceboat Studio; (vii) any inaccurate or misleading information supplied by the User to Iceboat Studio and upon which Iceboat Studio relies; (viii) the User’s failure to take such corrective action which forms a part of the User’s responsibility, as may be reasonably requested and identified by Iceboat Studio to the User; and (ix) such other reasons solely attributable to the User.
5.7
Notwithstanding anything contained in these Terms, Iceboat Studio shall not be required to provide a Service to the extent the provision thereof would violate or contravene any Applicable Law.
5.8
Use of the Services requires a supporting environment, including internet access, compatible hardware, and software, and may also require periodic updates to your browser, mobile application, hardware, and/or other software. You agree that meeting these requirements is your sole responsibility and such requirements may change from time to time.
6.1
You must provide accurate and complete information and you represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it updated, accurate and current. You shall not select or use as a username, display name or profile bio: (i) a name which belongs to another user; (ii) the name of another person with the intent to impersonate that person; (iii) a name which is subject to the rights of a person for which you do not have an appropriate authorization; (iv) a name that is otherwise offensive, vulgar, or obscene; (v) a name with an intent to engage in any unlawful activity, or abusive behaviour, or harass, defame or intimidate any person or express hate to any person, group, or community.
6.2
You agree that if you provide any information that is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or not in accordance with these Terms, we shall have the right to indefinitely suspend or terminate or block your access to the Services. Notwithstanding anything contained herein, we may, in our sole discretion, refuse to offer or suspend the Services to any Person for any reason. We care about the confidentiality and security of your personal information. Please see the Privacy Policy for more information about the collection and use of your personal data.
7.1
Course Fee : The prices of the Courses listed on the Website/Brochures are determined by Iceboat Studio. All prices quoted for the Courses are subject to change or modification at any time and from time to time at the sole discretion of Iceboat Studio, including until the completion of the transaction by a User and shall be effective from the moment such revised prices are posted. It shall be the User’s responsibility to remain informed about the then current prices for the Courses. While Iceboat Studio strives to provide accurate pricing information, the pricing of any Course as reflected on the website may, due to some technical issue, typographical error, or erroneous information published by Iceboat Studio, or due to some other reason, be incorrectly reflected and in such an event, Iceboat Studio may cancel any transaction made by a User for the relevant Course. The Course that you purchase determines the scope, features, and your access to the Course.
7.2
Taxes : When you purchase any Course or other Service or product from Iceboat Studio, you agree to pay not only the applicable fee, but also all applicable taxes, duties, and levies including goods and services tax.
7.3
Payment of Course Fee
7.3.1
You agree to pay the Course fee by using the payment methods provided by Iceboat Studio, or such other methods as may be prescribed by Iceboat Studio from time to time.
7.3.2
Payments for the Courses may also be made through an electronic and automated collection and remittance service (the “Payment Gateway”) hosted on the website through payment gateway service providers. The Payment Gateway service is provided to you in order to facilitate your purchase of a Course. The processing of payment may be subject to the terms, conditions, and privacy policies of the payment gateway service providers (“Payment Gateway Service Provider”) in addition to these Terms. The terms of your payment may also be determined by agreements between you and the financial institution, card issuer or other provider of your chosen payment method. In addition to that, you shall also be liable to pay all charges payable by you to your bank, financial institution, card issuer or other provider of your chosen payment method and the Payment Gateway for making the purchase. You represent that you have the legal right to use the payment method that you use to remit any amount to us.
7.3.3
Iceboat Studio makes no representations of any kind, express or implied, as to the operation of the Payment Gateway. Iceboat Studio is not responsible for any errors by the Payment Gateway Service Provider. Iceboat Studio reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Iceboat Studio assumes no liability whatsoever for any monetary or other damages suffered by you on account of: (i) access to, use of, or reliance on the Payment Gateway services; (ii) the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Payment Gateway; (iii) any interruption or errors in the operation of the Payment Gateway; or (iv) any excess payment made by you. Further, you expressly agree that your use of the Payment Gateway is entirely at your own risk. Iceboat Studio does not collect and store any payment and other details provided by you for transacting through the Payment Gateway. You agree, understand, and confirm that personal data including without limitation details relating to debit card/ credit card transmitted over the internet is susceptible to misuse, theft and/or fraud and that Iceboat Studio has no control over such matters. Iceboat Studio does not represent or guarantee that the use of the Payment Gateway will not result in theft and/or unauthorized use of data over the internet.
7.3.4
The records of Iceboat Studio and/or the Payment Gateway Service Provider, generated by the transaction arising out of the use of the Services, including the time the transaction is recorded, shall be conclusive proof of the genuineness and accuracy of the transaction. The details provided by you for use of the Payment Gateway Service Provider will be correct and accurate and you shall not use a debit/credit card net banking which is not lawfully owned by you. You further agree and undertake to provide correct and valid debit/credit card/net banking details. In default of the above conditions, Iceboat Studio and/or its concerned service provider reserves the right to initiate any legal action for recovery of cost/penalty or any other measures, as it/they may deem fit.
7.3.5
Iceboat Studio may, at its discretion, make available to you, such other payment methods, including a simple bank transfer.
7.3.6
While availing any of the payment method/s, Iceboat Studio will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you.
7.4
Payment of Course Fee by Obtaining Financial Assistance
7.4.1
Iceboat Studio may also enter into arrangements with online platforms (“Third-Party Financier”) who, through their arrangements with banks and other financial institutions (“Lenders”) provide financial assistance in the form of loans to persons who wish to pursue the Courses. In such cases, Iceboat Studio is only facilitating the engagement between the concerned Subscriber and the Third-Party Financier in order to facilitate and enable the Subscriber to purchase the Courses with the expectation that Iceboat Studio shall not, under any circumstances, assume any financial, operational, or other risks of the Subscriber and the Third-Party Financier. Accordingly, in no event shall Iceboat Studio assume any financial, operational, or other risks of the Subscriber and the Third-Party Financier. If the Subscriber elects to purchase or subscribe to a Course by availing a loan from the Lender which is facilitated by the Third-Party Financier, he shall be governed by the terms and conditions and other agreements entered into with the Lender and the Third-Party Financier.
7.4.2
Iceboat Studio is not involved in transactions between the Third-Party Financiers and the Subscribers and if a dispute arises between them, the Subscribers shall, and shall ensure that the Third-Party Financiers shall, forever release the Iceboat Studio, their affiliates, directors, officers, employees, contractors, vendors, service provider, agents, representatives, licensees, successors, and assigns from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7.4.3
Iceboat Studio is not involved in transactions between the Lenders and the Subscribers and if a dispute arises between them, the Subscribers shall, and shall ensure that the Lenders shall, forever release the Iceboat Studio, their affiliates, directors, officers, employees, contractors, vendors, service provider, agents, representatives, licensees, successors, and assigns from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7.4.4
Iceboat Studio: (i) shall not, in any manner whatsoever, be responsible for any non- performance or breach by the Third-Party Financier and/or the Lenders to provide its/their services to the Subscribers; (ii) bears no liability to the Third-Party Financier and/or the Lenders for any failure of the Subscribers to fulfil their obligations towards the Third-Party Financier and/or the Lenders; and (iii) shall not and is not required to mediate or resolve any dispute or disagreement between the Third-Party Financiers and/or the Lenders and the Subscribers.
7.4.5
Iceboat Studio shall not be liable for any act, omission, or default, whether negligent or otherwise, of the Subscribers towards the Third-Party Financier and/or the Lenders.
7.4.6
Every decision taken by a Subscriber to pursue to a Course by availing the financial assistance provided by the Third-Party Financier and the Lender represents an assumption of risk and Iceboat Studio does not and shall not underwrite or assume the risks of such Subscriber in any manner. The Subscriber is solely responsible for evaluating and determining the suitability of the Course and availing a loan to pursue such Course and the risks associated therewith.
7.5
Refunds: When you subscribe to a Course, legal obligations arise and your right to refund of money is limited by our terms and policies and by the conditions of the Course you have subscribed. Any payments done by a student are not refundable except to the extent provided in these Terms. Refund requests must be submitted in writing within the time limits stipulated by Iceboat Studio. You may be eligible for a partial refund or no refund at all, depending on when you make your refund request. Kindly note that refund policies vary from Course to Course and Cohorts to Cohorts. Please familiarize yourself with the refund policy of the Course or Cohort you are applying to, prior to submitting your application to the Course or Cohort. By submitting your application to the Course or Cohort, you undertake that you have read and fully understand the terms and conditions of that Course or Cohort including its cancellation and refund policy, and you agree to be bound by it.
8.1
Student Account : Subject to these Terms, Iceboat Studio grants a Student a limited, personal, non-exclusive, non-transferable, and revocable license right to use the Services. The rights granted herein are only for the Students personal and non-commercial use. Any use of the Services for commercial purposes is strictly prohibited. Using the Services does not grant a Students ownership of or any intellectual property rights in the Services or the Content of Iceboat Studio the Student accesses. By enrolling with Iceboat Studio, a Student agrees: (i) to strictly comply with these Terms; (ii) not let anyone else use his services; (iii) not to cheat on any assignment or exam relating to the Course, nor share solutions to assignments or exams with others; and (iv) notify the administrators and Mentors of the Courses or the Cohort immediately if he becomes aware of any other Student cheating or breaching these Terms. Further, prior to use of services of the Course, each Student confirms that he is not located in, or ordinarily residing in, any country that is subject to Applicable Laws and prevents Iceboat Studio from providing such student access to the Services. Use of any method, including a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these Laws is strictly prohibited.
8.2
Mentors : Iceboat Studio provides the Courses by engaging with selected Mentors. To the best knowledge of Iceboat Studio, Mentors are suitably qualified to deliver the Courses offered.
8.3
Courses
8.3.1
A description of the Courses together with the dates on which the Courses will begin will be available on the website. Applying for Courses require the payment of an application fee without which your application will not be processed. The User must apply to a Course within the application deadlines prescribed by Iceboat Studio. Your failure to do so, may lead to your application not being considered. By applying to a Course, a User agrees to follow the admission process as prescribed for the Course.
8.3.2
The Student understands and agrees that the Courses, the Course Content and the Course Materials or the Services is obtained at the Student's own discretion and risk. We advise all Users to enquire further regarding the suitability of a particular Course offered on the website for his academic and professional requirements before enrolling. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity or employment from your purchase and completion of any of the Courses. Iceboat Studio does not guarantee employment to a Student who rerolls for or completes a Course. Further, there are no warranties, express or implied, by operation of Law or otherwise for the use or results of the Course, the Course Content and the Course Materials, that the Student will successfully complete the Course, or that any particular level of knowledge will be attained by the Student. Iceboat Studio disclaims any implied warranties, including the implied warranties of merchantability and fitness for a particular purpose.
8.3.3
Each Course may have a separate set of terms, including dealing with refunds, deferrals, payments, etc. governing such Courses. The format of the Courses provided is “online”, so no Courses will be provided onsite. Users are advised to review the Courses thoroughly before they subscribe. It is the sole responsibility of the User subscribing to a Course to check the accuracy of, and evaluate the suitability and relevance of, the Course elected. The enrolment into a Course is non-transferable, except otherwise agreed by Iceboat Studio.
8.3.4
All Courses will be delivered in English language only.
8.3.5
The Courses, the Course Content and the Course Materials are provided on an “as is” and “as available” basis and may contain typographical errors or inaccuracies and may not be complete or current. Iceboat Studio, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Iceboat Studio makes no representations or warranties of any kind, whether expressed or implied, with respect to the Courses, the Course Content and the Course Materials or the Services available, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Iceboat Studio makes no representations or warranties that the Courses, the Course Content and the Course Materials or the Services available will meet the Subscriber's requirements or will be uninterrupted, timely, secure, or error free; nor does Iceboat Studio make any representations or warranties as to the results that may be obtained from the use of the Courses, the Course Content and the Course Materials or the Services.
8.3.6
Limitation of Liability: Notwithstanding anything to the contrary contained herein, the maximum aggregate liability of Iceboat Studio (including its affiliates, partners, directors, employees, instructors, or agents) to any Student, User, or third party, whether in contract, tort, negligence, equity, or otherwise, shall be limited to an amount not exceeding the total Course Fee actually paid by such Student/User for the Course giving rise to the claim. Under no circumstances shall Iceboat Studio be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages, including without limitation loss of profits, data, business, goodwill, or opportunity, even if Iceboat Studio has been advised of the possibility of such damages.
8.3.7
Iceboat Studio reserves the exclusive right to determine the methods, system, techniques, procedures and time schedules for offering and conducting the Courses, including through cohort-based programs (each a “Cohort”) where the Students may take a series of classes together as a group and have the same learning schedules and deadlines.
8.3.8
Iceboat Studio reserves the exclusive right to right to cancel or reschedule a Course or a Cohort or live lectures/webinars, or to alter, modify or rearrange the schedule of topics or modify any content of a Course or change the point value or weight of any assignment, quiz, test, exam, projects and other such evaluations of progress or other assessment for any Course, or change the Mentor allocated to any Course or Cohort.
8.3.9
All Courses offered are subject to these Terms, specifically disclaimers and limitation of liability sections contained in these Terms.
8.3.10
Iceboat Studio shall be under no liability whatsoever to the Students in the event of its inability to conduct a Course and/or a Cohort on account of Force Majeure.
8.3.11
No advice or information, whether oral or written, obtained by the Students from Iceboat Studio or through or from the Services, shall create any representation or warranty by Iceboat Studio and/or its Mentors.
8.3.12
Completion of a Course does not guarantee employment or growth in employment.
8.4
Course Fees
8.4.1
Unless otherwise expressly agreed in writing by Iceboat Studio, full payment for participation in a Course is required at the time of registration. Upon payment of the fee in part or whole, depending on the Course, Iceboat Studio will grant access to the Course. Failure to pay the applicable Course fee shall result in termination access to a Course. Owing to certain exceptional circumstances, if Iceboat Studio has granted a Student access to a Course pending payment, and Iceboat Studio does not receive payments within the stipulated time periods, Iceboat Studio may, at its own discretion, terminate such Student’s access to the Course without giving any prior notice.
8.4.2
You may find information on availability of EMI options or loans for payment of your Course fees on the website for certain Courses. Please note this is for information purposes only and the loan facilities are provided by third party credit facility providers and Iceboat Studio is not privy to any arrangement you may enter into with them. You will be bound by the terms and conditions of your agreement or arrangement with such third party credit facility providers and Iceboat Studio will not in any way be liable or responsible for or in relation to any such arrangements.
8.5
Cancellation of Course & Refund Policy
8.5.1
Cancellation requests must be submitted in writing within the time limits stipulated for the Course you applied. Iceboat Studio have no obligation to cancel your Course or issue a refund if you cancel your participation after the stipulated cancellation deadline. Kindly note that cancellation policies vary from Course to Course. Please familiarize yourself with the cancellation policy of the Course you are applying to, prior to submitting your application to the Course. By submitting your application to the Course, you undertake that you have read and fully understand the terms and conditions of that Course including its cancellation and refund policy, and you agree to be bound by it.
8.5.2
Conditions for cancellation before Course Commencement Date (in case payment is made by electronic funds transfer or cash)
A Student may cancel his enrollment to the Course if such request for cancellation is made by the Student to Iceboat Studio at least 25 (twenty five) days before the commencement date of the Course (“Cancellation Period”). Any cancellation request placed after the Cancellation Period shall not be entertained by Iceboat Studio under any circumstances whatsoever.
Upon cancellation of the Course as stated above, only the Course fee shall be refunded to the Student. In no event shall the Student be entitled a refund of the down payment, processing charges and any other administrative charges.
A Student may cancel his enrollment to the Course after the completion of the Cancellation Period without being eligible to a refund of the Course fee or any other amounts paid to Iceboat Studio. Upon such cancellation, such Student’s access to certain features such as the Course content and communication channels will be terminated. Further, in no event shall such Student be eligible or entitled to any of the benefits available to the Students who have continued with the Course
A Student shall request for a cancellation by writing an email to our academic committee at support@iceboatacademia.com with 'Cancellation of Course' as the subject line through the Subscriber’s Email ID registered with Iceboat Studio. A Iceboat Studio representative may contact such Student to better understand his request.
The refund will be processed within 30 (thirty) working days from the date the refund is approved by the academic committee.
8.5.3
Cancellation of Course (in case payment is made by availing loan)
A Student who has enrolled to a Course by availing a loan provided by a bank, financial institution or any other approved entity (“Financial Institution”) shall not have a right to cancel his enrollment to the Course as such cancellation is not permitted by the Financial Institution which granted the loan and he shall be under an obligation to repay the loan obtained to the Financial Institution.
A Subscriber may still cancel his enrollment to the Course without being eligible to a refund of the Course fee or any other amounts paid to Iceboat Studio. Upon such cancellation, such Student’s access to certain features such as Course content and communication channels will be terminated. Further, in no event shall such Student be eligible or entitled to any of the benefits available to the Students who have continued with the Course.
A Student shall request for a cancellation by writing an email to our academic committee at support@iceboatacademia.com with 'Cancellation of Course' as the subject line. A Iceboat Studio representative may contact the Student to better understand his request.
In no event shall Iceboat Studio be liable to the Student, including for any Losses, which the Student may suffer due to his inability to cancel the Course.
8.5.4
Reserved rights of Iceboat Studio to cancel the enrollment of a Student
Iceboat Studio reserves the absolute right to cancel the enrollment of the Course of a Student who fails to pay the Course fee, and in case the Student has opted to pay the Course fee by availing a loan from a Financial Institution, has failed to pay his monthly instalment towards the repayment of the loan amount or his repayment is not approved by the Financial Institution, within a period of 30 (thirty) days from the Course commencement date.
Iceboat Studio reserves the absolute right to cancel the enrollment from the Course of a Student who fails to comply with any of these Terms.
Upon the cancellation of the enrollment of the Student by Iceboat Studio as stated above: (i) the Student shall not be entitled to a refund of any amounts paid to Iceboat Studio under any circumstances whatsoever; and (ii) the Student’s access to the all its course content terminated immediately.
In no event shall Iceboat Studio be liable to the Student, including for any Losses which the Student may suffer due to the cancellation of his enrollment from the Course by Iceboat Studio.
8.5.5
Refund at Sole Discretion
Except as expressly provided in these Terms, all fees paid are non-refundable. Any refund granted by Iceboat Studio shall be at its sole and absolute discretion. Once access to any Course Content has been provided to the Student, no refund shall be permitted under any circumstances.
8.6
Conditions for transfer of Subscriber for Cohort-based Courses : Transfer of Cohort is at the option of Iceboat Studio and cannot be claimed as a right. Iceboat Studio reserves the right to accept or reject a transfer request made by a Student at its sole and absolute discretion, without incurring any liability of whatsoever nature. In no event shall Iceboat Studio be liable to a Student in any manner whatsoever, including for rejecting a transfer request. A Student can only seek a transfer to an immediate upcoming Cohort and all other transfer requests shall not be accepted. The request for a transfer should be made within a period of 4 (four) months from the date of commencement of the Course or such other shorter period as may be prescribed by Iceboat Studio. Transfer of Cohort can be requested only once per Cohort and once made is irrevocable. The transfer request once placed will be processed by Iceboat Studio as per its internal administration policies. For requesting a transfer, the Student should have either fully paid his Course fee or his loan amount towards the availing of a Course at Iceboat Studio should have been approved/released by the bank, financial institution or other approved entity granting the loan to the Student. Subject to the foregoing conditions, a Student may submit a transfer request to support@iceboatacademia.com from his Email ID registered with Iceboat Studio. Upon receipt of a proper request as stated above, a representative of Iceboat Studio will contact the Student to assess his request. If the transfer request is accepted by Iceboat Studio (which acceptance is at the sole discretion of Iceboat Studio), the Student will receive an email confirmation from Iceboat Studio along with details of the immediate upcoming Cohort.
8.7
Clearance of Courses : A Student shall complete the Course he has enrolled for in a single attempt. No second attempt shall be provided or permitted.
8.8
Performance Record : Iceboat Studio may decide at its sole discretion whether to provide a record concerning a Student’s performance in a Course. The format of such record will be determined by Iceboat Studio in its sole discretion and may vary from Course to Course.
8.9
Certification : Iceboat Studio may, at its sole option and discretion, grant Course completion certification to Students who have successfully completed the Course within the time period prescribed by Iceboat Studio by obtaining the score prescribed by Iceboat Studio and fulling such criteria and requirements and complying with such conditions as may be required by Iceboat Studio. Further, Iceboat Studio may, at its sole option and discretion, grant Course participation certification to Students who have successfully completed the Course within a time period prescribed by Iceboat Studio by obtaining the score prescribed by Iceboat Studio and complying with such other conditions as may be required by Iceboat Studio. For the avoidance of doubt, it is clarified that the decision to award any certification to a Subscriber will be solely at the discretion of Iceboat Studio. Iceboat Studio may also choose not to offer any certification for certain or all of its Courses. The certificates will be an electronic/digital certificate or such other form as may be determined by Iceboat Studio. If a Subscriber loses his certificate, an additional copy may be provided by Iceboat Studio at its sole discretion and at a prescribed cost, if any.
8.10
No Academic Credit : Participating in and successfully completing a Course with Iceboat Studio by a Student does not grant him any academic credit. Further, any Course completion or Course participating certificate granted by Iceboat Studio to a Student does not confer any academic credit. Iceboat Studio has no obligation to have the Courses recognized by any university, or any educational institution or accreditation organization or any industry body.
8.11
Testimonials : Testimonials, reviews and success stories including but not limited to regarding hike in salary, promotions, etc. appearing on the website are individual experiences, reflecting real life experiences of those that have used the Iceboat Studio Services in some way or another. However, they are individual results and results may vary. Iceboat Studio does not claim that they are typical results that Students will generally achieve. The testimonials are not necessarily representative of all of those who will use the Iceboat Studio Services. The testimonials, reviews and success stories presented on the website are applicable to the individuals writing them and may not be indicative of future performance or success of any other individuals. Iceboat Studio cannot and does not guarantee results.
8.12
Placement Assistance : Iceboat Studio provides placement assistance to eligible Students, whose eligibility criteria will be determined by Iceboat Studio from time to time. All Students graduating from Iceboat Studio’s Courses will be part of Iceboat Studio’s alumni community. This community may have access to potential job opportunities. The placement support provided by Iceboat Studio is at the option and discretion of Iceboat Studio and cannot be claimed as a right. A Student’s enrollment to any of the Courses offered by Iceboat Studio does not entitle such Student to any placement support from Iceboat Studio. Iceboat Studio shall not be responsible or liable in any manner whatsoever for the transactions between a Subscriber and the Hiring Partner. Iceboat Studio is not involved in the transactions between the Student and the Hiring Partner regarding the Student’s employment or otherwise and is not responsible or liable in any manner and the Student shall engage with the hiring companies at his sole risk. The Student is solely responsible for evaluating and determining the suitability of any Hiring Partner and the risks associated with engaging with such Hiring Partner. All Students in this regard are advised to read and understand the placement policy of Iceboat Studio and strictly comply with their terms. Further, the Students hereby consent and authorise the Iceboat Studio to share their Personal data, employment data and all other data and information with the Hiring Partners in connection with the placement services.
8.13
Projects: Iceboat Studio may tie up or collaborate with Persons for projects, which are to be treated as an educational program designed to help the Students learn the practice of engineering and architecture on the terms set out in arrangement entered into by Iceboat Studio with such Persons. Each Student shall strictly comply with the terms of the projects prescribed by Iceboat Studio.
8.14
Consent for live streaming and recording : The Student hereby unconditionally, irrevocably and perpetually consents to and authorises the Iceboat Studio and their respective affiliates, licensees, distributors, networks, advertising agencies, agents and such others) to: (i) live stream, film, and record (audio and video) the delivery of the Course and the live mentoring, teaching and educational sessions and workshops attended by the Student, in any format and in any medium, or device, and by adopting any processes and technology, whether now known or hereinafter devised (“Student’s Recordings”); (ii) store digitally, and make audio, video and/or audio-visual reproductions of, or otherwise reproduce the Student’s Recordings through any means and medium; (iii) use, broadcast, rebroadcast, transmit, distribute, and publicly perform, including through electronic and/or digital transmission, the Student’s Recordings, on the Internet, radio, television, or any other public or private network; (iv) edit, cut, add to, subtract from, arrange, rearrange, revise, and make changes, to the Student’s Recordings in any manner; (v) to include into the Student’s Recordings the performances of others and with sound effects, special effects, digital effects and music; (vi) commercially exploit the Student’s Recordings; (vi) license others to use the Student’s Recordings in any manner or media whatsoever, including without limitation, for the purposes of publicity, advertising, promotion and any other purpose; (vii) assign all rights of whatsoever nature in the Student’s Recordings to third parties; and (viii) use the Student’s Recordings for the promotion of the Platform and the businesses of the Company Entities.
8.15
Student’s Testimonials : If any Student publishes his testimonials, reviews and success stories on the website (“Student’s Testimonials”), the Student hereby irrevocably, unconditionally and perpetually consents and authorizes and grants to the Iceboat Studio and their respective affiliates, licensees, distributors, networks, advertising agencies, agents and such others, the right to use, simulate, portray, license, display, reproduce, transmit, exhibit, distribute, publicize and make any other uses (in whole or in part) of the Student’s name, pseudonym, sobriquet, face, photograph, caricature, portrait, silhouette, images, visual representations, appearances, personality, personal identification, professional associations, voice, likeness, biographical data including but not limited to Student’s personal experiences, incidents, situations and events which occur during the course of his performance of the Services hereunder (in whole or in part) (“Student’s Name and Likeness”), on the website and in any other media now known or hereafter devised, throughout the world, in connection with the marketing, promotion, publicity, advertising, distribution or exploitation of the Student’s Testimonials, by any means and/or medium now known or hereafter developed, including in connection with the publicity of the products, services and the businesses of the Iceboat Studio. The licenses, rights and privileges granted to the Iceboat Studio with respect to Student’s Name and Likeness are perpetual and irrevocable and not subject to rescission, termination, restraint, or injunction under any circumstances whatsoever. The Student shall not be entitled to any additional compensation, fee or royalty for the aforesaid licenses, rights and privileges granted to the Iceboat Studio, including the exploitation of the Student’s Recordings and use by the Iceboat Studio of the Student’s Name and Likeness. The Stdent hereby releases and discharges the Iceboat Studio and their respective affiliates, successors and assigns and the Iceboat Studio Personnel from any and all claims, demands, actions, or causes of actions that arise out of or are related to the use of the Student’s Name and Likeness, including but not limited to libel, defamation, invasion of privacy or right of publicity and infringement of Intellectual Property Rights. The testimonials of the Students are personal views and comments of the concerned Students and are not directly or indirectly influenced by the Iceboat Studio and the Iceboat Studio Personnel.
8.16
Code of Conduct for Students : Students attending the Courses are expected to act in a professional manner with other Students, the Mentors and the Iceboat Studio Personnel. Each Student shall strictly comply with the code of conduct prescribed by the Iceboat Studio (“Students Code of Conduct”). By enrolling for a Course, the Student undertakes that he has read and fully understood the Students Code of Conduct and agrees to be bound by it. In particular, during the course of the use of the Services, the Student shall not: (i) create an atmosphere of disharmony or hostility or hamper the proper and pleasant delivery of the Course and the performance of the Mentor; (ii) act in an aggressive, bullying, offensive, threatening or harassing manner towards any Iceboat Studio Personnel, any Mentors who provides the Courses, any other Student who attends the Course or other attendees, support agents or visitors; (iii) cheat or plagiarise any work which you are required to prepare or submit in connection with the Courses or during any examination taken in connection with the Courses;(iv) act in fraudulent or deceitful manner towards the Iceboat Studio and/or the Iceboat Studio Personnel; (v) intentionally or recklessly damage any property provided by the Iceboat Studio; (vi) be intoxicated including through alcohol or illegal drugs; (vii) commit any offence where the victim is any of the Iceboat Studio, the Iceboat Studio Personnel, the Mentors and/or other Students; and (viii) breach of these Terms. Iceboat Studio reserves the right to terminate a Student who fails to comply with the Students Code of Conduct. No refund of fees shall be paid to Student in such circumstances.
8.17
Non-Assignment of Courses : Any Courses provided by Iceboat Studio to a Student under these Terms are personal to such Student and cannot be transferred or assigned to any other Person.
8.18
Data Protection : The nature of the Services and the Courses provided by us requires us to obtain, use and disclose the Students Personal Data. Please read our Privacy Policy in this regard. By enrolling for a Course, the Student confirms that he has read and fully understood the terms and conditions of the Privacy Policy and agrees to be bound by it.
8.19
International Data Transfers: Where Students or Users are located outside India, they acknowledge and consent that their Personal Data may be transferred to and processed in India. Iceboat Studio will take reasonable measures to ensure that such transfers comply with applicable data protection laws; however, Iceboat Studio makes no representations that its data practices comply with every foreign jurisdiction’s privacy laws. Users accessing the Services from outside India do so at their own risk and responsibility.
8.20
Complaints of Students : If a Student has any complaint with respect to any aspect of the delivery of the Courses, he may write to us at support@iceboatacademia.com. After receiving the complaint, our academic committee will examine the complaint and an overview of the actions on the complaint will be sent to the complainant.
9.1
License to access to talent pool
9.1.1
Subject to the terms and conditions of these Terms, Iceboat Studio hereby grants to a Hiring Partner access to its talent pool which inter alia comprises of database of profiles of all individuals who have upskilled or completed various Courses with Iceboat Studio, including their name, address, contact number, email, qualifications, skills, abilities, talents, experience, and achievements (“Candidates Directory”). Accordingly, subject to the terms and conditions herein, the Hiring Partner may identify potential job applicants/candidates (each a “Candidate”) from the Candidates Director in order to fill a job vacancy or relevant position with the Hiring Partner. The Hiring Partner shall: (i) cooperate with and provide all information and support necessary to facilitate Iceboat Studio to facilitate the hiring of the Candidates; (ii) work with Iceboat Studio in identifying the right Candidates suitable for the Hiring Partner; and (iii) not knowingly do any act or thing which may injure or tend to injure or adversely affect the reputation of Iceboat Studio, their business, promoters, directors, officers, employees, consultants, representatives, and agents.
9.1.2
Subject to these Terms, Iceboat Studio hereby grants to the Hiring Partner, a non-exclusive, non-transferable, revocable, restricted, limited, and non-sublicensable right and license to access and use the Candidates Directory for the purposes of identifying Candidates for potential employment with the Hiring Partner. Further, in addition to these Terms, the Hiring Partner shall also be bound by the terms and conditions of any other agreement entered into with Iceboat Studio from time to time.
9.1.3
Except to the extent provided above, nothing in these Terms shall be construed to grant the Hiring Partner, either directly or by implication, estoppel or otherwise, any right of any kind or nature or any portion thereof.
9.2
Terms and Conditions of Hiring and Hiring Partner’s Obligations
9.2.1
Verification of Candidate : The Hiring Partner shall, at its own cost, satisfy itself as to the suitability of any Candidate for the role/position for which the Candidate has been introduced. The Hiring Partner is solely responsible for carrying out any pre-employment screening, investigation, enquiry, and background check to verify a Candidate’s suitability for a position. This may include: (i) checking with respect to matters such as qualifications, previous employment history, criminal records, medical history, credit history, and work permit requirements as applicable; (ii) taking up references; (iii) arranging any medical examinations; and (iv) performing any other activities that may reasonably be expected of an employer or required by law. For clarity, Iceboat Studio shall not perform management functions or make management decisions on behalf of the Hiring Partner, and Iceboat Studio does not have any responsibility for the decisions or actions of the Hiring Partner. The Hiring Partner is solely responsible for making its own evaluations and decisions regarding the Candidates referred by Iceboat Studio or accessed through the Candidates Directory and the final selection of a Candidate for the relevant role/position. The Company cannot guarantee the successful performance of any Candidate or any specific outcomes after a hire, and Iceboat Studio is not responsible for any acts or omissions made by the hired Candidate.
9.2.2
Scheduling of Interviews : The Hiring Partner shall be solely responsible to arrange for interviews with such Candidates which are shortlisted by the Hiring Partner.
9.2.3
Reporting to Iceboat Studio : The Hiring Partner shall provide detailed feedback on the Candidates interviewed by the Hiring Partner. Further, the Hiring Partner shall notify Iceboat Studio of any intention to proceed with the hiring of a relevant Candidate or the hiring of a Candidate.
9.2.4
Confidentiality and Return of Candidates Information : Any information given to the Hiring Partner by Iceboat Studio about a Candidate, including the Candidate’s Information (as defined below) shall be considered as strictly confidential and shall not to be disclosed, divulged and/or provided to any third party for any purpose whatsoever. For the purposes of these Terms, “Candidate’s Information” may include: (i) the bio-data of the Candidate, including name, address, contact number, email, gender etc; (ii) the qualifications and other certifications of the Candidate; (iii) skills, abilities, talents, experience, knowledge, and competencies of the Candidate; (iv) the achievements of the Candidate; (v) documents such as curriculum vitae (CV), resumes, photograph, copies of government issued identity and address proof documents (such passport, PAN card, and Aadhaar card), copies of educational certificates, copies of training certificates, copies of professional certificates, and reference letters.
9.2.5
Non-Disparage : The Hiring Partner shall not make any statement or allegation to any third party, nor make any public announcement, press release, public speech or permit press interviews, or post any statement on any social media or other electronic media, which expressly or impliedly has the effect of disparaging Iceboat Studio or injuring or harming the business reputation of the Iceboat Studio or do any act that will be prejudicial to the interests of Iceboat Studio and/or their businesses.
9.2.6
Disclaimer and Limitation of Liability
No warranty as to the suitability of the Candidates can be given by Iceboat Studio and, in particular, Iceboat Studio cannot guarantee that a suitable Candidate can always be found to fit the role specified by the Hiring Partner. Iceboat Studio makes no representations or warranties regarding any Candidate and Iceboat Studio does not guarantee the performance of any Candidate who may be hired by Hiring Partner. The Hiring Partner shall be wholly responsible for its decisions regarding hiring a Candidate and Iceboat Studio shall have no responsibility or liability for the quality, performance, malfeasance, or wrongdoing of any Candidate. Iceboat Studio is not: (i) recommending any Candidate to the Hiring Partner for employment; (ii) grading or rating any Candidate; and (iii) required to provide any professional advice or other opinions on any Candidate.
Iceboat Studio obtains the Candidates Information and records and retains the same on an “as is” and “as provided” basis. The information contained in Iceboat Studio’s database of the relevant Candidate is therefore based on Candidates Information provided to Iceboat Studio by the relevant Candidate and Iceboat Studio does not and is not under an obligation to independently examine, investigate, and/or verify the correctness of the Candidates Information. Iceboat Studio: (i) cannot take responsibility for the Candidates Information and other information provided or made available to Iceboat Studio by the Candidate; (ii) does not examine, verify, research, endorse, validate or certify the Candidates Information and any other information submitted by the Candidate nor assumes that all Candidates Information and other information will be complete, accurate, truthful, trustworthy and reliable; (iii) cannot and does not warrant or guarantee the accuracy of the Candidates Information and any other information submitted by the Candidate; and (iv) does not offer any advice with respect to any Candidate. Iceboat Studio accepts no responsibility whatsoever for any errors, omissions, and/or misrepresentations contained in the Candidates Information or incorrect conclusions drawn therefrom. The role of Iceboat Studio as between the Hiring Partner and a potential Candidate is limited to introducing or connecting or facilitating the interaction and exchange of communication and information between the Hiring Partner and the potential Candidate and with the expectation that Iceboat Studio shall not, under any circumstances, assume any risks of the Hiring Partner. Given that Iceboat Studio does not research, verify, endorse, represent, warrant, or guarantee the truthfulness, completeness, accuracy, reliability, or veracity of the Candidates Information, the Hiring Partner shall not rely on Iceboat Studio and it is solely responsible for determining whether a relevant Candidate is appropriate or suitable for it based on its own independent examination, due diligence, opinion, and judgement.
Iceboat Studio is not involved in the transactions between the Hiring Partner and the Candidates regarding employment or otherwise and is not responsible or liable in any manner and the Hiring Partner will engage with the Candidates at its sole risk. Further, Iceboat Studio does not take part in the negotiation or execution of any transaction related to or in connection with employment of the Candidates and all commercial and contractual terms are offered by and agreed to between the Hiring Partner and the Candidates alone. Iceboat Studio does not have any control and does not determine or advise or in any way involve itself in the offering or acceptance of such commercial and contractual terms between the Hiring Partner and the Candidates. Accordingly, if a dispute arises between the Hiring Partner and the Candidates, the Hiring Partner shall, and shall ensure that the Candidates shall, forever release Iceboat Studio and their respective affiliates, directors, officers, employees, contractors, vendors, service provider, agents, representatives, licensees, successors, and assigns from all claims, demands, losses, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Iceboat Studio: (i) shall not, in any manner whatsoever, be responsible for any non-performance or breach by the Candidates or for any act, omission, or default, whether negligent or otherwise, of the Candidates; (ii) bears no liability to the Hiring Partner for any failure of the Candidates to fulfil their obligations towards the Hiring Partner; (iii) cannot and does not guarantee that the Candidates will perform all their obligations towards the Hiring Partner; and (iv) shall not and is not required to mediate or resolve any dispute or disagreement between Hiring Partner and the Candidates. Iceboat Studio shall not be obligated to indemnify the Hiring Partner to the extent that the relevant losses arise out of or are related to the acts or omissions of the Candidates.
Every decision taken by the Hiring Partner pursuant to these Terms represents an assumption of risk and Iceboat Studio does not and shall not underwrite or assume the risks of the Hiring Partner in any manner. The Hiring Partner is solely responsible for evaluating and determining the suitability of the Candidates and the risks associated with hiring such Candidates.
Iceboat Studio and their respective directors, officers, employees, consultants, agents, and representatives shall not be liable under any circumstances, whether in contract or in tort or under any other legal theory, for any losses, damages, liabilities, claims, costs and expense (whether direct, special, incidental, indirect or consequential) which may be suffered or incurred by the Hiring Partner arising from or in any way connected with: (i) Iceboat Studio seeking a Candidate for the Hiring Partner; or (ii) the introduction by Iceboat Studio of a Candidate to the Hiring Partner; or (iii) the hiring of any Candidate by the Hiring Partner; and/or (v) any claim made against the Hiring Partner by a Candidate, even if Iceboat Studio has been advised of the possibility of the same.
9.3
License of Hiring Partner’s Content : The Hiring Partner hereby grants to Iceboat Studio, a non-exclusive, and royalty-free right and license to use, reproduce, display, and distribute the Hiring Partner’s Content (as defined below) in connection with: (i) the promotion and marketing of the Services, including on digital platforms, advertising, marketing, and promotional materials; and (ii) identifying the Hiring Partner as its hiring partner on the digital platforms and advertising, marketing, and promotional materials. For the purposes of these Terms, “Hiring Partner’s Content” includes any and all Content (digital or otherwise) pertaining to a Hiring Partner, including the products, services and brand owned by the Hiring Partner, its affiliates and licensors.
9.4
Protection of Sensitive & Personal Data of Candidates Etc.: The Hiring Partner will receive and have access to data and information about the Iceboat Studio, including Personal Data of their directors, officers, employees, consultants, agents, representatives, and clients (including Personal Data about the Candidates), which is confidential, personal, and sensitive (hereinafter “Sensitive Data”). Accordingly, the Hiring Partner shall strictly comply and cause its officers, employees, consultants, agents, and representatives to strictly comply and remain in compliance with all Data Protection Laws. The Hiring Partner shall and shall ensure that all its employees, personnel, consultants, agents, and representatives comply with the provisions of the Data Protection Laws and must not do, or omit to do, anything that would cause, or may be reasonably expected to cause the Iceboat Studio to be in breach of any provisions provided under the Data Protection Laws. Further, the Hiring Partner shall: (i) implement and maintain all appropriate physical, technical, procedural and organizational security and confidentiality measures which are necessary to prevent, protect and/or identify unauthorized or unlawful access, use, misuse, transmission, dissemination, processing, alteration, modification and/or disclosure of the Sensitive Data; and (ii) ensure that all its networks, systems, platforms, equipment and network elements on which the Sensitive Data is stored, transmitted or processed are located in secure physical facilities with access strictly limited and restricted to authorized individuals only.
10.1
All User Content created, added, uploaded, submitted, distributed, communicated, or posted by Users (whether publicly posted or privately transmitted) is the sole responsibility of the User/Person who originated such User Content. The User shall be solely responsible for the User’s own User Content and the consequences of posting or publishing them. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all Applicable Laws.
10.2
You acknowledge that all User Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or Loss to you or any other Person resulting therefrom. We do not guarantee that any User Content you access through the Services is or will continue to be accurate. Iceboat Studio does not and will not claim any ownership over or rights to the User Content, except to the extent stated herein.
In connection with the User Content, the User affirms, represents, and warrants that: (i) the User owns or has the necessary licenses, rights, consents, permissions and authorizations to use and authorise Iceboat Studio to use, all User Content, including to enable Iceboat Studio to include and use the User Content for the purposes and in the manner contemplated by these Terms; (ii) the User has the written consent, authorisation, release and/or permission of each and every identifiable individual person in the User Content to use the name and/or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by these Terms; and (iii) Iceboat Studio will not be subjected to any claim, actions, liabilities, Losses and damage as a result of its use of the User Content.
10.3
By submitting any User Content, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable (through multiple levels) and transferable license to use, aggregate, reproduce, distribute, display, perform, and otherwise fully exploit such User Content in connection with the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing, part or all of the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your arrangement with us or the Services.
10.4
By submitting any User Content, you also hereby do and shall grant each User (only to the extent such User Content is accessible to other Users) a non-exclusive license to access any of your User Content that is available to such User, and to use such User Content, including after your termination of your arrangement with us or the Services.
10.5
For clarity, the foregoing licenses granted to us, and our Users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contractual rights, or any other intellectual property or proprietary rights.
10.6
Iceboat Studio: (i) cannot control the User Content and other information provided by the Users which is made available; (ii) does not research, endorse, validate, or certify the User Content and any other information submitted/uploaded by Users nor assumes that all User Content and information will be complete, accurate, truthful, trustworthy, and reliable; and (iii) expressly disclaims any and all liability in connection with the User Content.
10.7
Iceboat Studio is only an intermediary with respect to User Content and any other post or comment or other information uploaded, published, transmitted or updated by you in accordance with Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 and the laws of any other jurisdiction where Iceboat Studio would qualify as an intermediary. Accordingly, as mandated by Regulation 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, all Users are hereby informed that a User shall not to host, display, upload, modify, publish, transmit, store, update or share any information that: (i) belongs to another person and to which the User does not have any right; (ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (iii) is harmful to child; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; (ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; and (x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
11.1
As a condition of your use of the Services, you promise and undertake not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activities in connection with the Services and the activities of any Person who uses your computers, systems, mobiles, machines, communication devices, network and other applications and resources.
11.2
You agree that you shall not (directly or indirectly) submit, upload, provide, transmit, distribute, post, store, link, or otherwise share Content, information, data, software, and/or materials through the Services that: (i) you do not have the right, authority or license to make available, whether under Law, contract or otherwise; (ii) is unlawful, threating, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, offensive, profane, contains or depicts pornography, or is otherwise inappropriate as determined by us, in our sole discretion; (iii) is false, misleading, untruthful or inaccurate; (iv) is invasive of another’s privacy; (v) violates the publicity or proprietary or intellectual property rights of third parties; (vi) impersonates any person or entity, including any of our employees, agents, representatives, sub-contractors or partners or falsely states or otherwise misrepresents your affiliation with any Person or expresses or implies that Iceboat Studio endorses any statement you make; (vii) includes anyone’s identification documents or sensitive financial information or any personal information about another individual or any information that may be used to track, contact or impersonate that individual; (viii) discloses or provides information protected under any Law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others, insider information or material, or non-public information; (ix) constitutes unauthorized or unsolicited advertising; (x) violates any Law; (xi) would give rise to criminal or civil liability (under tort or otherwise); (xii) encourages conduct that constitutes an offense or that encourages or provides instructional information about illegal activities; (xiii) has the potential to create liability for us; (xiv) could cause us to lose, in whole or in part, our relationship with our Users, clients, business partners, licensors, services providers or other suppliers; (xv) interferes with or disrupts the operation of the Services or the servers or networks used to make the Services available, or violate any requirements, procedures, policies or regulations of such networks; and (xvi) threatens the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
11.3
You shall not (directly or indirectly): (i) disclose any sensitive, proprietary or confidential information, about yourself or anyone else or knowingly disseminate information that you know, reasonably ought to know, to be confidential in nature, in violation of any duty of confidentiality which you are subject to; (ii) misrepresent the source of your Content; (iii) use the Services in violation of any Applicable Law or otherwise in violation of any Applicable Law which you may be subject to; (iv) use the Services in a manner that would violate the lawful privacy rights of any Person or to publish or republish defamatory or libelous statements, or to harass or embarrass any person; (v) use the Services in a manner which could cause loss, damage or personal injury to any Person; (vi) use the Services for any fraudulent or unlawful purpose or for the promotion of illegal activities; (vii) use the Services if you are a competitor of Iceboat Studio or for reasons that are in competition with Iceboat Studio; (viii) use the Services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other Persons use and enjoyment of the Services; (ix) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other computer systems, resources or networks connected to the Services); (x) run any form of auto-responder or “spam” on the Services; (xi) use manual or automated software, device, or other processes to “crawl” or “spider” any page of the website; (xii) obtain or attempt to gain unauthorized access to other computer systems, resources, materials, information or any services available through any means, including through means not intentionally made publicly available or provided for through the services; (xiii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party service providers’) infrastructure; (xiv) interfere or attempt to interfere with the proper working of the Services or any activities conducted; (xv) use the Services to distribute, or receive communications or data gleaned from, or execute any action directed by any type of injuries code, including but not limited to: (a) trojans, (b) key loggers, (c) viruses, (d) malware, (e) botnets, (f) denial of service attacks, (g) flood or mail bombs, (h) logic bombs, or (i) other actions which Iceboat Studio reserves the sole right to determine to be malicious in intent; (xvi) make improper use of our Services or submit false reports of abuse or misconduct; (xvii) disparage, tarnish or otherwise harm Iceboat Studio, including the Services; (xviii) offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and (xix) use the Service in violation of these Terms or otherwise take any action in violation of our guidelines and policies.
11.4
In using the Services, you must comply with, and refrain from violations of, any right of any other Persons, Law or contractual duty, including without limitation Laws forbidding: (i) distribution of child pornography;(ii) forgery, identity theft, misdirection or interference with electronic communications; (iii) invasion of privacy; (iv) unlawful sending of commercial electronic message or other marketing or electronic communications; (v) securities violations, wire fraud, money laundering, or terrorist activities; or (vi) false advertising, propagating or profiting from fraudulent and unfair schemes.
11.5
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application); (ii) modify, translate, or otherwise create derivative works of any part of the Services; and/or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
11.6
You shall abide by all Applicable Laws with respect to the use of the Services.
11.7
Any activity that you are prohibited from performing under these Terms is equally prohibited to anyone using your computers, systems, mobiles, machines, communication devices, network and others’ applications and resources to access the Services.
11.8
You shall: (i) be fully responsible for the acts of others utilizing your access to the Services, and will be held responsible for violations of the Services by your sub-Users or Persons who gain access to the Services using your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources; (ii) utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of the Persons who are entrusted with access to your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources and information; (iii) notify all Persons who receive access to the Services of the provisions of these Terms, and inform them that these Terms are binding upon them; and (iv) notify Iceboat Studio if and when you learn of security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or Iceboat Studio to cure the security breach.
11.9
You shall assume full legal responsibility for any access and use of the Services, and in the event of any breach of this duty resulting in legal claim against Iceboat Studio, you shall defend, indemnify, and hold Iceboat Studio harmless from all Losses arising therefrom.
11.10
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any Applicable Law, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violation hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to your support request; and (v) protect the rights, property or safety of us, our Users and the public.
11.11
You are solely responsible for any reliance by you on the Services or other use you make of the Services. Comments, suggestion, feedback, ideas, material, or other information sent or transmitted to Iceboat Studio, either through the, email or otherwise (collectively “Feedback”), shall be deemed to be and treated as non-proprietary and non- confidential. Iceboat Studio shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including for developing and marketing the Services. Iceboat Studio reserves the right to publish or use the Feedback for promotional or other purposes without any further permission, notice or payment of any kind to the User. All such Feedback will be the property of Iceboat Studio. Iceboat Studio reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Feedback in any way as it deems fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Feedback in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Feedback within or in connection with Iceboat Studio’s products or services. If you provide a Feedback, you represent and warrant that you own or otherwise control the rights to the Feedback. You further represent and warrant that such Feedback does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You shall not use a false email, address, impersonate any Person, or otherwise mislead Iceboat Studio as to the origin of any Feedback. You agree to indemnify Iceboat Studio for all Losses arising from any claim to any rights in any Feedback or any Losses arising from any Feedback.
11.12
The enumeration of violations in this Paragraph 12 is not meant to be exclusive, and Iceboat Studio has and will exercise its authority to take any action which is necessary to protect the Services, the Users, and third parties from acts that would be inimical to the purpose of this Paragraph.
12.1
We view protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of our most important assets. Our Privacy Policy governs our collection, use and disclosure of your personal information and is incorporated into and forms an integral part of these Terms. Please read it carefully. It describes what information we collect from you and when, how, and why we collect information from you, whom we share your information with and when and how you can opt-out. This is important information. By using our Services, you specifically consent to our Privacy Policy.
13.1
Each User shall use commercially reasonable efforts to keep confidential, any and all data and information about Iceboat Studio (“Confidential Information”), whether written, oral or visual, disclosed to it by Iceboat Studio or which comes into his possession or knowledge, from time to time. You shall not disclose the Confidential Information to any others, except as may be required by Law or as may be required to be disclosed on a strictly "need-to-know" basis for implementing these Terms.
14.1
The Iceboat Studio Technology, the Iceboat Studio Trade Secrets and the Confidential Information of the Iceboat Studio (collectively, the “Iceboat Studio Intellectual Property”) constitute valuable trade secrets of Iceboat Studio. All worldwide intellectual property rights and other proprietary rights in and to the Iceboat Studio Intellectual Property and all improvements and developments in connection therewith shall be and remain the exclusive property of Iceboat Studio. The Users shall not, either directly or indirectly, infringe, misappropriate, or violate the Iceboat Studio Intellectual Property in any manner whatsoever.
14.2
Save for the Users Content, and all information and Content available and its “look and feel”, including but not limited to the Iceboat Studio Marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof is the property of Iceboat Studio and their affiliates, partners or licensors, or is used with consent of the owner and is protected by Laws, including Laws governing, copyrights, trademarks and other intellectual property. The reproduction and use of any of these by you is prohibited unless specific written permission is provided by us. Any unauthorized use shall violate copyright laws, trademark laws and other applicable intellectual property laws. All rights of its Content, if not expressly granted, are reserved.
14.3
Certain Content, including reference documents, digital textbooks, articles, and other information are used with the permission of third parties, and use of that information is subject to terms and conditions of such third parties, you agree to abide by all such terms and conditions.
14.4
The Iceboat Studio Marks referenced in the Website are the intellectual property rights of Iceboat Studio. Any unauthorized use of the same is strictly prohibited and all rights in the same are reserved by Iceboat Studio. No use of any the Iceboat Studio Marks may be made by any third party without the express written consent of the Iceboat Studio.
14.5
You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of the Content obtained through any digital medium for any commercial purposes. If you download or print any Content for personal use, you must retain all copyright and other proprietary notices contained therein.
14.6
Subject to these Terms, we grant each User a non-exclusive, revocable, non-sub-licensable, non- transferable, and limited license to access the Services solely for the purpose of availing the Services.
14.7
Nothing contained on the services should be construed as granting, by implication or otherwise, any right, license, or title to any of Iceboat Studio Intellectual Property and the Iceboat Studio Marks, without the advance written permission of Iceboat Studio or such third party as may be appropriate. All rights are expressly reserved and retained by Iceboat Studio. Your misuse of any of the Iceboat Studio Intellectual Property, the Iceboat Studio Marks displayed on the website, or any other Content, except as provided in these Terms, is strictly prohibited. You are also advised that Iceboat Studio consider their intellectual property to be among their most valuable assets and will aggressively enforce its intellectual property rights to the fullest extent provided under Law.
15.1
You acknowledge that we have no duty to take any action regarding: (i) which Users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content.
15.2
The Services, the Content, including without limitation, any information delivered as part of the foregoing are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, whether by statute, common law, custom, usage or otherwise, including, but not limited to performance, security, integration, quiet enjoyment, satisfactory quality and implied warranties of title, non-infringement, merchantability and fitness for a particular purpose as well as all warranties arising by usage of trade, course of dealing, or course of performance. Without limiting the foregoing, Iceboat Studio makes no warranty that: (i) the Services, the Content, including without limitation any materials and information delivered as part of the foregoing: (a) will meet your requirements; (b) will be accurate, uninterrupted, timely, secure, or error-free; (ii) the results that may be obtained from the use thereof will be effective, accurate, or reliable; (iii) the quality of the Services purchased or accessible by you will meet your expectations; (iv) any errors or defects in the foregoing will be corrected; and (v) is free of viruses or other harmful components.
15.3
Iceboat Studio specifically disclaims all liability for any actions resulting from your use of any Services. You may use and access the Services at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service.
15.4
Iceboat Studio disclaims any and all liability with respect to any Losses, personal injury or other harm that may be caused by your reliance on any advice, suggestions, recommendations or other information provided through the Services.
15.5
Iceboat Studio does not endorse any advertiser in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
16.1
You shall indemnify, defend and hold harmless Iceboat Studio and their respective affiliates, licensors, partners, officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers from all Losses brought against or suffered by any of them resulting from, arising out of or relating to your (or any third party using your identity or your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources): (i) use or misuse of, or access to, the Services, or the Content; (ii) violation or breach of these Terms; (iii) violation or breach of any Applicable Law, whether or not referenced herein; (iv) violation of any rights of any third party; and (v) any dealings between you and any third parties. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
17.1
The Users specifically acknowledge that the Services are provided hereunder with the expectation that Iceboat Studio shall not assume any risks of the Users. Accordingly, in no event shall Iceboat Studio assume any risks of the Users.
17.2
The Users further acknowledge and agree that every decision taken by them represents an assumption of risk and that Iceboat Studio does not and shall not underwrite or assume the Users risk in any manner.
17.3
Iceboat Studio shall not be held liable for any liabilities suffered by the Users or any third party relating to or arising out of: (i) a failure by the Users to adhere to these Terms; (ii) negligent acts of the Users; and/or (iii) breach by the Users of any Applicable Law.
17.4
In no event shall Iceboat Studio and their respective affiliates, licensors, partners, officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services: (i) for any lost profits or other economic losses, loss of data and other programs, loss of opportunity, business interruption, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damage of any kind whatsoever; (ii) for any bugs, viruses, trojan horses, or the like (regardless of the sources of origination), or (iii) for any direct damages in excess of INR 10,000/- (Rupees Ten Thousand only) or the fees (if any) paid to us for the Services (whichever is lower), even if Iceboat Studio has been advised of, knew, or should have known, the possibility thereof. You acknowledge that the fee paid by you reflects the allocation of risk set forth in these Terms and that Iceboat Studio would not enter into this agreement and Terms without these limitations. You hereby waive any and all claims against Iceboat Studio arising out of your use of the Services, or any conduct of Iceboat Studio’s personnel. Your sole and exclusive right and remedy in case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services.
17.5
In no event Iceboat Studio and their respective affiliates, licensors, partners, officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers be liable any bodily injury, loss of life, loss of property or any other accident that arise out of or is in any way connected with any use of the Services or the Content available through digital medium.
18.1
The Services may permit you to link to other websites, services or resources on the internet, and other websites, services, or resources, may contain links to the Services. The use of any websites which are controlled, owned, or operated by third parties are governed by the terms and conditions of use and privacy policies for those websites, and not by these Terms. When you access third party resources on the internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods, or services available on or through any such website or resources. It is your responsibility to protect your systems from items such as viruses, worms, trojan horses and other items of a destructive nature. Iceboat Studio expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third party links that may appear on any digital medium. You hereby agree to hold Iceboat Studio harmless from any liability that may result from the use of third-party links that may appear on any digital medium.
19.1
Iceboat Studio respects the intellectual property rights of others, and it strongly prohibits its Users from posting any Content on the digital medium that violates a Person’s intellectual property rights.
19.2
You shall not use the Services in violation of any intellectual property rights of any Person, nor shall you utilize the Services to publish Content in a manner that would expose them to public view in violation of Applicable Laws. Iceboat Studio will, in appropriate circumstances, terminate access to the Services of violators. If a third party believes that you have violated their intellectual property rights and notifies us, we will forthwith take all necessary action, including but not limited to immediately terminating your access to the Services, in addition all other rights available to us under these Terms, under Applicable Law and in equity.
19.3
The Indian Copyright Act, 1975 (“Copyright Act”) provides a complaint procedure for copyright owners who believe that certain Content on digital platform infringes their rights. If you believe that your work has been improperly copied and posted on the digital platform, please provide us with a written complaint the following information: (i) the description of the work with adequate information to identify the work; (ii) details establishing that the complainant is the owner or exclusive licensee of copyright in the work; (iii) details establishing that the copy of the work which is the subject matter of transient or incidental storage is an infringing copy of the matter of transient or incidental storage is an infringing copy of the work owned by the complainant and that the allegedly infringing act is not covered under Section 52 or any other act that is permitted by the Copyright Act; (iv) details of the location where transient or incidental storage of the work is taking place; (v) details of the person, if known, who is responsible for uploading the work infringing the copyright of the complainant; and (vi) undertaking that the complainant shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of 21 (twenty-one days) from the receipt of the notice. On receipt of the written complaint, Iceboat Studio, if satisfied from the details provided in the complaint that the copy of the work is an infringed copy, within the time prescribed under law, take measures to refrain from facilitating such access for a period of 21 (twenty-one) days from the date of receipt of the complaint or till it receives an order from the competent court restraining it from facilitating access whichever is earlier. Iceboat Studio may restore the storage of the work in case the complainant fails to produce the orders of the competent court having jurisdiction, restraining it from facilitating access. In case the complainant fails to produce the orders of the competent court having jurisdiction within the stipulated period, Iceboat Studio shall not be obliged to respond to any further notice sent by the same complainant on the same work in the same location.
19.4
You must send copyright infringement complaints to support@icebotacademia.com.
20.1
These Terms will be governed by the laws of India, without regard to conflict of law principles. Further, the courts at Pune, India shall have exclusive jurisdiction for all matters arising out of or in connection with these Terms and you agree to irrevocably submit to the exclusive jurisdiction of such courts.
20.2
The concerned parties shall amicably resolve any and all disputes arising out of or in connection with these Terms, failing which the disputes shall be settled in accordance with provisions of the Arbitration and Conciliation Act, 1996. The parties will refer the dispute to a sole arbitrator to be appointed by Iceboat Studio. Any arbitral award shall be final and binding on the parties. The venue and seat of the arbitration shall be Pune, India. The language of arbitration shall be English.
20.3
Nothing contained in this paragraph shall preclude Iceboat Studio from applying for and obtaining any injunctive, prohibitory, and equitable or other similar urgent or interim relief from a court of law, if such judicial process is necessary to prevent serious and irreparable injury.
20.4
Iceboat Studio shall not be liable for Losses and damages resulting from the use of (or the inability to use) electronic means of communication with the digital platform, including, but not limited to damages resulting from failure or delay in delivery of electronic communications, interception, or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
21.1
You may stop using the Services at any time. If you wish to terminate your services, you may do so by writing to us at support@iceboatacademia.com .
21.2
A Subscriber’s access to the Courses will automatically terminate upon the completion of the Course.
21.3
We may, at any time, terminate your right to access and use of the Service(s) if: (i) you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms); (ii) you fail to make the timely payment of fees for the Services, if any; (iii) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services); or (iv) you have repeatedly made complaints in bad faith or without a reasonable basis and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services).
21.4
We may, at any time, terminate your right to access and use of the Service(s) if we are required to do so by Applicable Law.
21.5
Upon termination of your access to the Services for any reason, you shall destroy and remove from all computers, devices, equipment, and other storage media all copies of any intellectual property owned by the Iceboat Studio that you acquired through the Services.
21.6
Upon termination, all licenses, and any other rights and services provided by Iceboat Studio to the Users shall cease immediately. Any such termination may result in the forfeiture and destruction of information associated with your Services.
21.7
Upon termination, any and all rights granted to the User will immediately be terminated, and the User shall promptly discontinue all use of the Services.
21.8
Termination of these Terms, or any license, or User's access to the Services shall not limit Iceboat Studio from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve any User of its obligation to pay all fees that have accrued or are otherwise owed by such User.
21.9
All provisions of these Terms which, by their nature should survive termination shall survive termination, including, without limitation, the provisions governing any licenses you have granted to us, ownership of intellectual property, warranty disclaimers, indemnity, and limitation of liability.
Students, Users, and Hiring Partners agree that during the term of their engagement with Iceboat Studio and for a period of twelve (12) months thereafter, they shall not, directly or indirectly, solicit, engage, or attempt to employ or contract with any Mentor, instructor, trainer, or employee of Iceboat Studio without the prior written consent of Iceboat Studio.
23.1
Force Majeure: Iceboat Studio shall not be liable to the Users or any other Persons or be deemed to be in breach of these Terms by reason of any delay or deficiency in performing, or any failure to perform, any of its obligations in relation to the Services or other obligations hereunder if the delay or deficiency or failure was due to Force Majeure.
23.2
Specific Relief: You acknowledge that your unauthorised use of the Services may result in irreparable damage and injury to Iceboat Studio and/or their respective affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we, and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the Services.
23.3
Legal Actions: No action, regardless of form, arising out of or relating to these Terms may be brought by you after 6 (six) months after the cause of action has accrued, except where this limitation cannot be imposed by law.
23.4
Waiver: Failure of Iceboat Studio to require performance of any provision of these Terms shall not affect Iceboat Studio 's right to full performance thereof at any time thereafter, and any waiver by Iceboat Studio of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach. No waiver shall be effective unless in writing and duly executed by an authorized representative of Iceboat Studio.
23.5
Entire Agreement: These Terms including all related agreements and policies incorporated by reference herein, constitute the entire agreement between you and Iceboat Studio related to the subject matter hereof.
23.6
Independent Rights: Each of the rights of Iceboat Studio are independent, cumulative and without prejudice to all other rights available to it under law, equity or otherwise, and the exercise or non- exercise of any such rights shall not prejudice or constitute a waiver of any other right by Iceboat Studio, DRAFT FOR DISCUSSIONS (Strictly Confidential)whether under these Terms or otherwise. The rights of Iceboat Studio with respect to any matter conferred under any provision of these Terms shall be in addition to any other rights conferred under any other provision of these Terms, in law or in equity.
23.7
Severability: If any provision of these Terms is held to be illegal, invalid, or unenforceable under present or future laws such provision shall be fully severable. Thereafter, these Terms shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of these Terms and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from these Terms. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, we shall add as a part of these Terms, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
23.8
Evidence: Subject to the Applicable Laws of evidence, you hereby agree not to object to admission of these Terms as evidence in legal proceedings.
23.9
Proof: Any data in our systems can be used as proof for things that relates to your use of our Services. This data can be used in legal proceedings, in the same way as any written document.
23.10
Assignment: These Terms and agreement evidenced by it is personal to you and is not assignable or transferable by you. We may assign, transfer or delegate any of our rights and obligations hereunder to any Person without your consent.
23.11
No Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
23.12
Notices: Any notices, requests and other communications required or permitted hereunder to be provided by the user to us shall be in writing, in English language, and shall be given by hand against written acknowledgement or receipt, or sent by registered mail, or by email followed by a confirmation of receipt. All notices will be deemed to have been duly given when received by us. Unless otherwise specified in these Terms, electronic notices should be sent to support@iceboatacademia.com. We will send our notices to the users by way of an email at the email address provided by the users.
Contact
You may contact us at the following address:
India:
Westport, Suite 407
Pancard Club Road, Baner
Pune - 411045, India.
Effective Date: September 1, 2025
Copyright: © Iceboat Studio, LLP. All rights reserved. No part of the services may be copied, reproduced, modified, or distributed in any form or manner without the prior written permission of Iceboat Studio.
