The website, ‘www.bytheseabonds.com’ (the “Website”), and the mobile application, ‘By the Sea Bonds’ (the “Application”) are managed and published by Amaya Learning (“Amaya Learning”, “we”, “us”, and “our”). The Website and the Application may hereinafter be collectively referred to as the “Platforms” and individually as a “Platform”. The person(s) accessing or using the Platforms may be referred to as the “Learner(s)”, “you”, and “your”.

These Terms of Use govern your access to and use of the Platforms, including any content, functionality, or services offered on or through the Platforms. These Terms of Use, including the Privacy Policy and any other policies published by us or communicated to you from time to time (collectively the “Agreement”), constitute a contract between you and Amaya Learning. Please read the Agreement carefully before using the Platforms.

By accessing or using the Platforms, you agree to be bound by the terms of the Agreement and all applicable laws. If you disagree with any part of the Agreement, please do not use the Platforms.

1. Access and Registration:

1.1. To access, register, and use the Platforms, you must be competent to contract according to the Indian Contract Act, 1872, which includes: (1) having attained the age of majority, (2) being of sound mind, and (3) not being disqualified from contracting under any applicable law. The Platforms are intended for access and use exclusively for the Learners located in India and accessing the Platforms from India.

1.2. To access any Course (as defined below), product, service, and/or other content offered on the Platforms (the “Platform Offerings”), we may require you to register an account and pay applicable fees. You represent that the information provided by you while registering an account or at any time thereafter, is true and complete and that you meet the eligibility requirements to use the Platforms. You are responsible for securing your password. You may update, correct, or erase your information either by using the options made available under your profile section on the Platforms or by notifying us at support@bytheseabonds.com.

1.3. The term, “Course” means and includes any course or session published and offered on the Platforms, including, but not limited to any reference materials, art work, audio, video, and text files offered to you as part of the Course.

1.4. Upon registering an account on the Platforms, you may also have access to discussion forums that allow you to interact and share your thoughts and knowledge with us and other Learners on the Platforms (the “Public Forum”). Participating in the Public Forum is optional and at your discretion.

1.5. For optimal access and use of the Platforms and the Platform Offerings, you must use a supported/compatible device which means a personal computer, mobile phone, portable media player, or other electronic devices that support web browsers like Google Chrome, Safari, and Firefox, and/or are compatible with latest operating systems like Android, and Apple iOS; support playback and viewing of the formats including without limitation, video (MP4), audio (MP3), documents (PDF), and other multimedia formats; and are updated to the latest version of all software programmes and applications.

2. Payments and Refunds:

2.1. To access a Course or any other Platform Offerings, you must pay applicable fees, which will be displayed on the Platforms. All payments on the Platforms will be processed through a third-party payment processor and you will be redirected to such third-party payment processor’s platform. You must read, understand, accept, and agree to the terms and conditions of such payment processors, prior to making any payment.

2.2. All payments on the Platforms will be processed in Indian Rupees (INR) only. The payments may be subject to applicable taxes. Once a payment is completed, you cannot cancel a transaction and Amaya Learning will not be liable to refund any payment to you. Please refer to our Refund Policy for more information on refunds. You may view the electronic invoice after your payment has been processed successfully under your profile section on the Platform.

3. Intellectual Property Rights

3.1. The Platforms including the computer programme, source code, algorithms, design, layout, and non-literal visual and functional elements; and the Platform Content (as defined below), including without limitation, the text, graphics, photos, images, sounds, videos, and other material, is owned by Amaya Learning or its licensors and is protected under copyright, trademark, and other intellectual property laws. The trademarks, logos, and service marks (the “Marks”) that may be displayed on the Platforms are the property of Amaya Learning or its licensors respectively, and as the case may be. No right, title, or interest in the Platforms, the Platform Content, the Marks, or any part thereof, other than as specifically provided under the Agreement, are deemed to be transferred to you by providing access to the Platforms. The term “Platform Content” means and includes the Course, other Platform Offerings, and any content or material published on the Platforms.

3.2. You may access and use the Platforms, including the Platform Content, subject to payment of applicable fees, if any, for your personal, non-exclusive, and non-commercial use in the territory of India. You will be provided access to the Platform Offerings for the duration specified on the Platforms. We reserve the right to revoke access to any Platform Offerings that may have been made available to you free of cost, at our discretion. You may download downloadable material while accessing the Courses and other Platform Offerings, as may be permitted for your personal and non-commercial use.

3.3. You must not:

i. share, modify, edit, copy, reproduce, aggregate, publish, download, post, translate, transmit, distribute, display, sell, license, create derivative works, or otherwise use or exploit for any commercial purpose the Platforms, the Platform Offerings, Platform Content or any portion thereof or the Marks;

ii. publicly display or otherwise use the Platform Content or any portion thereof, for any commercial purpose;

iii. copy or adapt the source code of the Platforms; decompile, reverse engineer, reverse assemble, modify, or attempt to discover any source code of any part of the Platform;

iv. remove any copyright or other proprietary notations from the Platform Content; or

v. 'mirror' the Platform Content on any other server.

4. Learner Contributions:

You may voluntarily submit suggestions, ideas, comments, feedback, or queries about the Platform Offerings, the Platform or any part thereof, or other content either through the Public Forum or otherwise while accessing and using the Platforms or the Platform Offerings (“Learner Contributions”). You grant to Amaya Learning a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, adapt, publish, translate, distribute, transmit, and display such Learner Contributions in any form or media. You represent and warrant that you own and control all rights in Learner Contributions, or that you are licensed to use and reproduce such Learner Contribution and that Learner Contributions do not infringe upon the rights of any third party, including intellectual property rights, privacy rights, and publicity rights. You bear full responsibility for Learner Contributions. Amaya Learning disclaims any responsibility or liability for any Learner Contributions by you or any other Learner.

5. Code of Conduct:

5.1. Your use of the Platforms and the Platform Offerings and sharing of any Learner Contribution will be governed by the following conditions:

i. Legitimate usage of the Platform: You agree to use the Platforms and the Platform Content only for lawful purposes and you will not use the Platforms to engage in any kind of activity that violates any applicable laws. You must not infringe, violate, or misappropriate the rights of Amaya Learning, its licensors, other Learners, or any third party.

ii. No harmful or dangerous content: You must not share any Learner Contribution which incites or promotes violence, that may cause physical or emotional harm or that may endanger the safety of any individual, or is otherwise objectionable or harmful to children.

iii. No hateful or defamatory content: You must refrain from any form of hate speech or statements that are libelous, slanderous, threatening, violent, predatory, defamatory, or any statement that incites hatred against specific individuals or groups with respect to but not limited to race or ethnic origin, country caste, religion, disability, gender, age, sexual orientation/gender identity, etc. You must not share any Learner Contribution that contains any information which, conspires, abets, aids, or induces the commission of an unlawful act or any material which 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 to other nations.

iv. Violent and graphic content: You must not share any Learner Contribution, that contains any information which is obscene, pornographic, paedophilic, invasive of another's privacy including bodily privacy, insulting, or harassing based on gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or promotes enmity between different groups on the grounds of religion or caste, with the intent to incite violence. You must not share any Learner Contribution that contains any information that promotes terrorist acts or incites violence, to be uploaded on the Platform in any manner.

v. Harassment and bullying: You must refrain from any form of harassment or bullying on the Platforms and strive to keep the Platforms as a safe space to foster learning. Harassment in this case would include, without limitation, abusive videos, comments, messages, revealing someone’s personal information, including sensitive personally identifiable information of individuals, content or comments uploaded in order to humiliate someone, sexual harassment, or sexual bullying in any form.

vi. Spam: You must not post untargeted, unwanted, and repetitive content, comments, or messages with an intention to spam the Public Forum or otherwise the Platforms and to drive traffic from the Platforms to any third-party sites. You must not post links to external websites with malware and other prohibited sites.

vii. Scams: You must not share any Learner Contribution in order to trick others for your own financial gain. You must refrain from any practice of extortion or blackmail.

viii. Impersonation: Impersonating another person, including but not limited to, other Learners, is not permitted while using our Platform. Learner Contribution must not deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicate any misinformation or information which is false, untrue, or misleading in nature. In this case, impersonation would mean the intention to cause confusion regarding who the real person is by pretending to be them (such as using names, images, documents, certificates, etc. not belonging to you or not used to identify you, or pretending to be a company, institute, group, etc., by using their logo, brand name or any distinguishing mark).

ix. Unauthorized Access or Disabling of Platforms: You agree not to (1) use the Platforms in any manner that could disable, overburden, damage, or impair the Platforms or interfere with any other Learners’ use of the Platform; (2) not to use any manual process to monitor or copy any of the material on the Platforms or for any unauthorized purpose; (3) use any device, software, or routine that interferes with the proper working of the Platforms; (4) attack the Platforms via a denial-of-service attack; (5) attempt to gain unauthorized access to, interfere with, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to or associated with the Platform; and (6) introduce any viruses, trojan horses, worms, keystroke loggers, malware, or other material which is malicious or technologically harmful to the Platforms.

5.2. You are prohibited from using the Public Forum to collect data or information from other Learners or to disclose the personal information of any individual. If you are aggrieved by a Learner Contribution made by another Learner, you may address your complaints by contacting the Grievance Officer at support@bytheseabonds.com.

5.3. If you violate the Agreement or any applicable law, in addition, and without prejudice to any other legal remedies available to us, we reserve the right to suspend your access to the Platform, terminate your account, or remove such violating content: (1) on our own initiative, (2) upon receiving actual knowledge, or notification from an appropriate government body, or (3) upon receiving a complaint from other Learner.

5.4. Notwithstanding anything contained in this clause, we are not obliged to remove or disable access to any content solely based on a Learner’s complaint except in accordance with applicable law.

6. Disclaimer:

THE PLATFORM IS PROVIDED TO YOU ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING ITS OPERATION, AND THE PLATFORM CONTENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AMAYA LEARNING, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, AMAYA LEARNING PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM OR THE PLATFORM OFFERINGS OR PRODUCTS OFFERED THEREIN WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, AMAYA LEARNING MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (1) AS TO THE OPERATION OR AVAILABILITY OF THE PLATFORMS, OR THE PLATFORM OFFERINGS, THE PLATFORM CONTENT AND MATERIALS OR PRODUCTS INCLUDED THEREON; (2) THAT THE ACCESS TO THE PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE; (3) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY PLATFORM OFFERINGS OR THE PLATFORM CONTENT PROVIDED THROUGH THE PLATFORMS; OR (4) THAT THE PLATFORMS, THEIR SERVERS, THE PLATFORM CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF AMAYA LEARNING ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.

7. Limitation of Liability:

In no event shall Amaya Learning its partners, affiliates, or their respective officers, licensors, employees, or agents be liable to you for any direct, indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Platforms, the Platform Offerings or any other Platform Content, unauthorized use of the Platforms or your account, the Platform Content, or any other content on the Platforms, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Amaya Learning or any authorized personnel of Amaya Learning has been notified orally or in writing of the possibility of such damage.

8. Indemnity and Release:

You shall indemnify and hold harmless Amaya Learning and where applicable, its partners, officers, licensors, agents, affiliates, and employees, from any claim, liabilities, losses, costs, expenses, demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of the Agreement or your violation of any law, rules, regulations or the rights of a third party.

9. Termination:

You may delete your profile by clicking on the “I agree to delete my profile” checkbox under your profile section on the Platform. If you choose to delete your profile, your account will no longer exist and you will lose access to the Platform Offerings purchased or subscribed by you. Amaya Learning reserves the right to terminate your account and access to the Platforms, without prior notice if you are in breach of applicable law, the Agreement, or as may be required by law. Upon termination of your account: (1) the information you have provided will be deleted, and (2) we will discontinue collecting, storing, processing, and/or using your information, except as required by law or as may be necessary for investigation or legal proceedings. The provisions intended to survive the termination of your account and access will survive such termination.

10. Links to Third Party Website:

The Platforms may feature content provided by third parties, such as advertisements, promotions, hyperlinks, and references to other websites (“Third Party Content”). We neither control nor endorse any Third Party Content and assume no responsibility for it. You acknowledge and agree that the Website Owner is not liable for the accuracy, completeness, legality, decency, or any other aspect of Third Party Content, nor for your use of such content or your interactions with third parties. Your interactions with third parties, including advertisers, and your use of any Third Party Content, may be governed by the terms and policies established by those third parties. Amaya Learning disclaims all warranties, express or implied, regarding Third Party Content, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. We will not be responsible or liable for any loss or damage incurred by you as a result of your actions or omissions based on the Third Party Content.

11. Governing Law and Jurisdiction:

11.1. The Agreement will be governed by and construed in accordance with the laws of India, without giving effect to any conflict of law principles. Any proceedings arising out of or related to the Agreement or the Platforms, including applications for interim reliefs, must be brought exclusively in the courts located in Mumbai and you consent to the exclusive jurisdiction of such courts.

11.2. Any disputes, claims, or controversies that arise from or relate to the Agreement, including questions about their existence, validity, enforceability, performance, interpretation, breach, or termination, will be conclusively resolved in accordance with the provisions of the Arbitration and Conciliation Act, 1996. You may refer a dispute to arbitration by issuing a notice at the email address support@bytheseabonds.com. The seat and venue of the arbitration will be in Mumbai and the language of the arbitration will be English. The arbitral tribunal will consist of a sole arbitrator(s), appointed according to the Arbitration and Conciliation Act, 1996. The disputing parties will each bear their legal costs. The cost of the arbitral tribunal and other administrative expenses will be borne as per the Arbitration and Conciliation Act, 1996. You and Amaya Learning agree to maintain confidentiality of the arbitration proceedings, other than as may be directed, and where the disclosure of the award is necessary for the purpose of implementation and enforcement of the award.

12. Miscellaneous:

12.1. Communications: You may consent to receive communications, including promotional or commercial messages, from the Platforms, Amaya Learning, and third parties with whom you interact through the Platforms. You can withdraw your consent at any time if you no longer wish to receive such communications from the Platforms, and Amaya Learning by writing to us at support@bytheseabonds.com. To cease receiving communications from any third party, you must withdraw your consent directly with each relevant third party with whom you have interacted.

12.2. Alteration of Platform or Amendments to the Conditions: We reserve the right to make changes to our Platforms, and the Agreement at any time. You will be notified of any revisions to the Agreement. By continuing to use the Platforms after any changes to the Agreement, you agree to be bound by the revised Agreement. You will be subject to the Agreement and the policies in force at the time that you use the Platform or any part thereof unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

12.3. Waiver: Amaya Learning’s failure or delay in enforcing any provision of the Agreement does not constitute a waiver of that provision or its rights. A waiver of any breach does not imply a waiver of any subsequent breach. The waiver of a specific right or remedy in one instance does not prevent Amaya Learning from enforcing that right or seeking that remedy in other instances. Similarly, a waiver of a particular obligation of the Learner in one instance does not prevent us from requiring the performance of that obligation in any other instance.

12.4. Assignment: You may not assign or transfer the Agreement, by operation or law or otherwise. Any attempt by you to assign or transfer the Agreement will be null and void.

12.5. Severability: If any provision of the Agreement will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that the Agreement will otherwise remain in effect.

12.6. Events beyond our reasonable control: Any failure or unavailability of the Platform or its services that is beyond our reasonable control as a result of an act of God, natural calamities, omissions and commissions of government authorities, power failures, riots, civil unrest, terrorism, war, internet disturbance, unauthorized access to computer data and storage devices, computer crashes will not be deemed to be a breach of the Agreement or any liability on Amaya Learning.

13. Grievance Redressal:

If you have grievances, concerns, or queries regarding the use of the Platforms, or the Agreement, you may write to the Grievance Officer, Abhishek Parikh by email at support@bytheseabonds.com. On receipt of grievances, we will initiate action in accordance with applicable law.

14. Effective Date

The Agreement will be effective for each Learner from the date that the Learner accepts the Agreement. The amendment(s), if any, will be effective from the date they are published.

These Terms of Use were last published on 17th October 2024 .