• “You”, “Your”, and “Yours” refer to the person using/accessing / visiting the platform through website or application using products and services at any point of time.
• “We”, “Our” and “Us” shall mean and refer to the use website/ application/the company depending on the context.
BLOOM CAP PLATFORM
1. On Bloom CAP platform, we trust that our spaces are being used for the legal, respectful and generating trustworthy purposes. Bloom CAP ensures rigorous checking of the content that are being submitted to the platform by the users. By using this Platform, you hereby acknowledge that Bloom CAP has no control and hence takes no responsibility of any issue arising out of the content that is presented and used on this platform.
2. The Bloom CAP may include or contain the links of Third Party Websites that may or may not be owned or controlled by this Platform. Bloom CAP has no control over any content, Terms & Conditions, privacy policies of any third party websites and hence Bloom CAP Platform doesn’t assume or holds any responsibility for this. Also, Bloom CAP cannot and will not edit or censor any content of the third party websites and hereby by using the Bloom CAP Platform, you express your consent and thus relieve Bloom CAP for any and all liability arising from any use of the Third Party Websites or services. Though we would like to recommend you to go through and properly understand the Terms & Conditions, Privacy Policies and other Rules & Regulation before you visit and use the any Third Party Website.
3. Subject to these Terms & Conditions, Privacy Policies and all other rules and regulations which are made available or published, hereby Bloom CAP grants you a non-exclusive, non-transferable, non-sublicensable, Limited License to use the Bloom Platform according to the terms and conditions.
4. Before you agree and acknowledge that Bloom CAP shall have the right at any given point of time to change the features of the platform but not limited to hours, the User Content hours of availability and equipment need to access the use. Further, Bloom CAP may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Bloom CAP reserves right to refuse access to the Bloom CAP Platform, terminate Accounts remove or edit content without any notice to you.
CREATING AN ACCOUNT
While creating an account you confirm that information so provided is accurate and complete. Further you agree that you are solely responsible for the activity that occur on your account, and you shall keep your account password secure not share the same with anyone. At no point Bloom CAP shall be held responsible or liable for any losses caused by any unauthorized use of an account, you shall solely be liable for losses caused to Bloom CAP or others due to such unauthorized use, if any. We take no responsibility for any User Content that is uploaded on the Platform and further, the User shall be solely responsible for his or her own action in utilizing such User Content and availing the Bloom CAP app provided herein.
LICENSE AND ACCESS
Bloom CAP grants you a non-exclusive, non-transferable and limited sub-license to access and make personal use of this platform, solely on your computer or any other electronic viewing device for your personal, non-commercial use of this Platform. Bloom CAP here by grants you permission to access and use the platform to set forth in these terms and conditions provided that:
1. You agree not to distribute in any medium or any part of the Bloom CAP platform or the content without the Bloom’s prior written authorisation
2. You agree not to alter or modify any part of the Bloom CAP Platform
3. You agree not to access the content of any other User through any means of technology or means other than the video playback pages Bloom CAP itself.
4. You agree not to use the Bloom CAP Platform for any of the following commercial uses unless you obtain Bloom’s
• The sale of access to the Bloom CAP Platform
• The sake of advertising, sponsorships, or promotions placed on or within the Bloom CAP platform or content
• The sale of advertising, Sponsorships, or promotions on any page or website that provide similar Bloom CAP Platform as that of Bloom CAP
RESCTRICTION AND TERMINATION OF USE
This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. Bloom CAP may block, restrict, disable, suspend or terminate your access to all or part of the free Services offered on the Platform, at any time in Bloom’s sole discretion, without giving any prior notice to you. Specifically, in case of prolonged inactivity, Bloom CAP App reserves all the right to disable, deactivate or terminate a user's account. If an account has been disabled or deactivated for inactivity, the username associated with that account may be given to another user without notifying to you or such other party. If you violate any part of Terms & Conditions, Bloom CAP may at its sole discretion, block, restrict, disable, suspend or terminate the paid Services offered on the Platform.
Bloom CAP App provides its users with the option of creating posts and/or uploading their content on the Platform that will be regarded as "User Content". When you submit or upload any of your content on the Platform you represent and warrant that:
• You own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all the rights and permissions necessary to permit uploading, displaying, sharing, reproduction, downloading and the transmission of such content.
• The User content you upload should not infringe the intellectual property rights or other rights of any person or entity, including but not limited to copyright, moral rights, trademark, patent or rights of privacy or publicity.
• Your usage of the Platform will comply with all applicable laws, rules and regulations.
• The User content should not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
• The User content should not be misleading and deceptive and should not offer or disseminating fraudulent goods, services, schemes, or promotions.
Services provided or offered on the Bloom CAP App would only be available to selected geographies of India. Persons who are in competent to Contract within the meaning of the Indian Contract Act, 1872, including minors, un discharged, insolvent, etc are not eligible to the use this platform. By agreeing to these Terms and Conditions you represent that you are legally competent to enter into an agreement and provide consent to these terms and conditions. You further represent that:
1. The person should be a citizen of India
2. He/she should be of sound mind
3. He/she is not prohibited from entering into a legally binding contract as per applicable laws
The Bloom CAP Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Bloom CAP Platform is owned and controlled by Bloom CAP and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content.
You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Platform and Services or any parts thereof or the selection and arrangement of the Platform and Services, except as expressly authorized herein. Bloom CAP grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within this Platform, solely on your computer or any other compatible electronic viewing device for your personal, non-commercial use of this Platform. This permission is conditional on the basis that you shall not modify, alter or illegally use the content displayed on this Platform and shall keep intact and comply with all copyright, trademark, and other proprietary notices of the Platform, if any. The rights granted to you constitute a license and not a transfer of title in any manner.
Use of the Platform or Services for any other purpose other than expressly granted hereunder is expressly prohibited and may result in severe civil and criminal penalties. In relation to any content submitted, uploaded or generated by you on the Platform, you hereby grant an unconditional, unlimited, perpetual, royalty-free, worldwide license and permission to Bloom CAP and its affiliates, content sharing partners to display, store, host, publish, digitally reproduce or copy, transmit, communicate, modify, translate, distribute or otherwise make such content available on the Platform or in relation to the Services provided by Bloom CAP. You agree that such content may continue to be made available on Bloom CAP despite any termination or suspension of your account, if such content has been shared, stored or embedded by any other user(s). You agree not to hold Bloom CAP responsible for the aforesaid activities in relation to your content.
1. Bloom CAP operates on a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party.
2. As part of Bloom CAP copyright policy, Bloom has full rights that it will terminate User access to the Bloom CAP Platform if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
3. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given below in the copyright policy on how to make a claim of copyright infringement.
Approach us through the procedure set out under the applicable provisions of the Information Technology Act. If you have a good faith belief that your copyright has been infringed by any of our Users, you may follow the below process:
You could send a notice to us email at email@example.com or by physical mail to the following address:
Bloom CAP Edu Ventures Private Limited
4577/15, Ramchhaya Building,
Agarwal Road Daryaganj,
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) A description of the copyrighted work that you claim has been infringed upon;
c) A description of where the material that you claim is infringing is located on the Bloom CAP Platform, including the user name, topic and any other detail identifying the infringing content;
d) Your email address, your physical address and telephone or mobile number;
e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
AMENDMENTS TO THE TERMS AND CONDITIONS
You agree that your use of the Bloom CAP Platform shall be at your sole risk. We do not represent or guarantee that this Platform will be free from errors or viruses. You acknowledge that this Website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical problems with the Internet or infrastructure failures. We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Platform, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Platform.
To extend permitted applicable by law you agree to defend, indemnify and hold harmless to Bloom CAP, its parent corporation, officers, directors, employees and agents for and against any and all claims, damages, obligation, losses, liabilities, cost or debts and expenses (including but not limited to attorney’s fees) arising from:
1. Your use and access to the Bloom CAP Platform
2. Your violation of any terms of these Terms and Conditions
3. Your violation of any third party rights including without limitation any copyright, property or privacy rights
4. Any claims that your user content caused to the third party
5. Violation of any applicable law
To the fullest extent permitted by law, in no event shall Bloom CAP, its officers, Directors, Employees, or agents , be liable to you for any direct, Indirect, incidental, special, punitive, Losses or expenses or confidential damages what so ever resulting from any:
1. Errors, Mistakes or inaccuracies of users content or any other content available at Bloom CAP
2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Bloom CAP platforms
3. Any unauthorized access to or use of our secure servers and/any and all personal information and for financial information stored therein
4. Any bugs, viruses, Trojan horses or the like which may be transmitted through our Bloom CAP Platforms by any third party and/ or
5. Any errors or omissions in any user content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, E-mailed, transmitted, or otherwise made available via the Bloom CAP platform, whether based on warranty, contract, tort, or any other legal theory and whether or not Bloom CAP is advised of the possibility is advised of the possibility of such damages We understand that, in some Jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your case (Jurisdiction), then to the extent permitted by law, Bloom CAP Platform limits its liability for any claims under those warranties or conditions to either supplying you the Bloom CAP Platforms again. You specifically acknowledge that Bloom CAP shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The copyright in the User Content on Bloom CAP Platform are owned by the company, where Bloom CAP is a limited license holder to publish the same on Bloom CAP Platform. The User Content is subject to the various Terms and Conditions and other policies (together “Terms”) as provided on the Bloom CAP Platform, kindly ensure that you use the User Content only within the parameters as provided in the Terms. You are prohibited from using the User Content as your own without the prior permission of the content creator and Bloom CAP.
The Content on the Bloom CAP Platform including but not limited to images, graphics, process, images, software, graphics, are owned by or licensed to Bloom and subject to Copyright and you are prohibited from using the same as your own, without the prior permission of Bloom CAP. For clarity, Bloom Content does not include User Content.
If you believe that any User has used copyright-protected work in the User Content posted on the Bloom CAP Platform, an option to report the User Content is provided and you can report the same by using the report button or if you believe your or someone else’s copyrights are being infringed upon through the Bloom CAP Platform, then let us know by writing to us at firstname.lastname@example.org [Please note by claiming copyright infringement you are initiating a legal process, kindly be sure to consider whether fair use, fair dealing, or a similar exception to copyright apply before you report.]
The trademarks, service marks, logos displayed on the Bloom CAP Platform are owned by Bloom CAP (“Bloom CAP Marks”). If you haven’t received our permission, you are strictly advised not to use the Bloom CAP Marks as your own or in any manner that implies sponsorship or endorsement or any relation to Bloom CAP. A product or service branded with the Bloom CAP name or logo is a reflection of Bloom CAP. Unless you are one of our licensees, we don’t allow others to make, sell, or give away anything with our name or logo on it.
OTHER LEGAL NOTICES
In the event of any other disputes or claims arising from the use of the Bloom CAP Platform, please get in touch with us at email@example.com
All the major Credit/ Debit Cards, Payment Wallets and Bank Transfer through Net Banking are acceptable methods of payments. All the Services will remain Bloom CAP’s property until the payment is fully done. All the transaction and agreement entered will be ceased immediately until outstanding amount is fully recovered. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. To successfully subscribe on the Website, the User is required to complete the transaction by making the payment for the services opted for.
Users will be charged a non-refundable enrollment fee. This is a one-time fee for providing access to the Bloom CAP platform and for guidance on using the platform cost for user verification and cost of payment gateway charges.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
SPAM E-MAILS AND POSTINGS
In any of the event your access or use of the platform and services is found to be spam, misleading, malicious, annoying, or containing/promoting unsolicited e-mails or network posting, Bloom CAP Platform reserves all its rights to obtain immediate injunction relief against you or against such use by you. In addition to all other remedies available to law or in equity, Bloom CAP may also opt to block, filter or delete unsolicited emails, messages, or postings as per its sole discretion.
TERMINATION OF ACCOUNT
The user agreement is effective unless and until terminated by either you or by the Company. You may terminate or simply discontinue the services at any time, provide that you discontinue for any further use of the website. The Company may terminate the User agreement at any point of time or / and may do so immediately without giving any early warning or prior notice to the User and accordingly deny you access to the site. Such termination will be without any liability to the company. The Company’s right to any comment send to be indemnified pursuant to the terms here of, shall survive any termination of this User Agreement.