(the "Site"), the courses available from the Site (the "Courses"),
and the training services made available on or through the Site and the software (the "Services"),
are owned, operated, and maintained, as applicable, by Anurag Yadav (hereinafter referred to as "we", "our", "us", or "NewTechWays", as the case may be).
The Site, Courses, and Services are, collectively referred to as the "NewTechWays Products".
By (a) using or accessing the NewTechWays Products, including, but not limited to streaming, accessing or using the software; or
1.2 THESE TERMS, UNLESS THE SAME HAS BEEN SPECIFICALLY EXCLUDED BY ANY OTHER INSTRUMENT TO WHICH NEWTECHWAYS
AND/OR AN USER ARE SUBJECT TO, INCLUDING THIS INTRODUCTORY SECTION, CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND NEWTECHWAYS.
BY USING NEWTECHWAYS PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE - AND ARE NOT AUTHORIZED TO USE - ALL OR ANY PORTION OF NEWTECHWAYS PRODUCTS.
1.3 For the purposes of the Terms, The term "User(s)/You" shall mean and include all persons,
natural or artificial, that visit the Site including those that have agreed to become registered users
on the Site by providing registration data while registering on the Site as registered users accessing the NewTechWays Products
through the Website.
If you are a parent, guardian, or other natural person who enables a child to access the NewTechWays Products,
you agree to stand in the shoes of such child for the purposes of making us whole in case of damages
or indemnification that could properly lie against a child, if not for his or her age.
This Site is intended for use by a natural person only if such natural person is 13 (Thirteen) years of age or older.
1.4 If you are using or opening an account to use the NewTechWays Products on behalf of a company,
entity or organization (each a "Subscribing Entity"), then you represent and warrant that you:
(i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms, and
(ii) agree to be bound by these Terms on behalf of such Subscribing Entity.
which is available at
the terms of which are hereby incorporated into these Terms by reference.
technical, contractual, product, pricing and other valuable information that should reasonably be understood as confidential
The User acknowledges and agrees to hold all Confidential Information in strict confidence.
Title and all interests to all Confidential Information shall be vested in NewTechWays.
The User's obligations regarding Confidential Information will survive the termination
The User agrees that its obligations under this clause is necessary and reasonable in order to protect
the NewTechWays's business and expressly agrees that monetary damages would be inadequate to compensate
for any breach of any covenant or agreement set forth herein.
Accordingly, the User agrees and acknowledges that any such violation or threatened violation will cause
irreparable harm and injury to NewTechWays and that, in addition to any other remedies that may be available,
in law, equity or otherwise, NewTechWays shall be entitled to obtain injunctive relief against the threatened
breach of these terms or the continuation of any such breach.
NewTechWays Products enable the Users to learn via live and recorded instruction, tutoring, and learning services
through our proprietary Software. The Services include, without limitation, facilitating and hosting Courses,
and taking feedback from Users. 3.2 You understand and agree that these Terms are agreed to in consideration of your use of NewTechWays Products
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
3.3 Changes to these Terms. NewTechWays reserves the absolute right to revise
these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Site.
Any revisions to the Terms are effective upon posting.
The Terms will be identified as of the most recent date of revision.
You should visit this page regularly to ensure your continued acceptance of these Terms.
Your continued use of NewTechWays Products after any revision to these Terms constitutes your binding acceptance of the revised Terms.
Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to
any dispute between you and NewTechWays that arose prior to the date of such revision.
3.4 Evolving Nature of Services. NewTechWays Products are new and subject to change at any time.
We are continually looking to improve NewTechWays Products but if you are at any time dissatisfied with NewTechWays Products,
then your sole remedy is to discontinue use of NewTechWays Products.
3.5 Electronic Notices. By using NewTechWays Products or communicating with us,
you agree that we may communicate with you electronically regarding security, privacy, and administrative issues
relating to your use of NewTechWays Products.
If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Site
or sending an email to you.
Connectivity Costs and Equipment
4.1 You are solely responsible for all service, internet, telephony and/or other fees
and costs associated with your access to and use of NewTechWays Products, including, but not limited to,
any data charges imposed by a wireless carrier or Internet service provider,
and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
4.2 NewTechWays uses internally developed systems for making NewTechWays Products available to the User.
These systems may encounter technical or other limitations, and computer and communications
hardware systems might experience interruptions.
Further, NewTechWays continually enhances and improves these systems in order to accommodate
the level of use of the Site.
NewTechWays may also add additional features and functionality to NewTechWays Products that might result
in the need to develop or license additional technologies.
Increased utilization of the Site or providing new features or functionality may cause unanticipated system disruptions,
slower response times, degradation in levels of customer service, and delays in reporting accurate financial information.
The User agrees that NewTechWays shall not be liable to the User or to any third party claiming through the User
for any such failures contemplated herein.
Fees and Taxes
5.1 Accessing the Site and browsing Courses is free of cost.
NewTechWays however reserves the right to change its fee policies at any time in its sole discretion,
including charging for access to the Site, but no fee change will be binding upon you until you agree to such fee changes.
5.2 Unless otherwise stated, all fees are quoted in Indian Rupees.
You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner
with a valid payment method that is accepted by NewTechWays in its sole discretion.
If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms.
This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel.
We may also block your access to any NewTechWays Products pending resolution of any amounts due by you to NewTechWays.
6.1 We have no mechanism to control comments/discussions posted on the Site and, as such,
we cannot guarantee in any manner the reliability, validity, accuracy or truthfulness of such contents.
You also understand that by using the Site you may be exposed to Submitted Contents which you may consider offensive,
indecent, or objectionable.
You hereby agree to indemnify and hold NewTechWays harmless from and against any and all claims,
notices and actions that you may have arising out of your access or use of any Submitted Content.
6.2 Those who choose to access or use NewTechWays Products from other locations,
including from outside India, may do so on their own initiative and are responsible for compliance with local laws,
if and to the extent local laws are applicable.
Access to or use of NewTechWays Products from jurisdictions where the contents or practices
of NewTechWays Products are illegal, unauthorized or penalized is strictly prohibited.
7.1 You shall only access NewTechWays Products for lawful purposes.
You are solely responsible for the knowledge of and adherence to any and all laws, rules,
and regulations pertaining to your use of NewTechWays Products.
You agree not to use NewTechWays Products or NewTechWays Content (as defined below) to recruit,
solicit, or contact in any form Instructors or potential users for employment or contracting
for a business not affiliated with us without our advance written permission,
which may be withheld in our sole discretion.
Specific Obligations of Users using the Site
8.1 As a User, you agree that: 8.1.1 You have read, understood, and agree to be bound by the pricing information
(see the Pricing section below) before using the Site or registering for a Course.8.1.2 If you are under the age of 18 (Eighteen), you have obtained parental or legal guardian
consent before using the Site, or registering for a Course8.1.3 You also agree that you will not do any of the following on or through NewTechWays Products22.214.171.124 upload, post or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation
(commercial or otherwise)126.96.36.199 post any inappropriate, offensive, racist, hateful, sexist, sex-related, false,
misleading, infringing, defamatory or libelous content188.8.131.52 manipulate or interfere with NewTechWays Products184.108.40.206 reproduce, distribute, publicly display, publicly perform, communicate to the public,
create derivative works from or otherwise use and exploit any Submitted Content or other content obtained
from any NewTechWays Products without our express written permission or the permission of NewTechWays.
Registration and Identity Protection
9.1 To use certain NewTechWays Products, you will need to register and obtain an account, username and password.
When you register, the information you provide to us during the registration process will help us in offering content,
customer service, and network management. You are solely responsible for maintaining the confidentiality
of your account, username, and password (collectively, the "Account") and for all activities
and liabilities associated with or occurring under your Account.
You must notify us (a) immediately of any unauthorized use of your Account and any other breach of security, and
(b) ensure that you exit from your Account at the end of each Course.
We cannot and will not be responsible for any loss or damage arising from your failure to comply with
the foregoing requirements or as a result of use of your Account, either with or without your knowledge,
prior to your notifying us of unauthorized access to your Account.
However, you agree that you will be liable for any losses incurred by us or another party due to any use of your Account,
excluding only uses following your notification to us of unauthorized access to your Account.9.2 You may not transfer your Account to any other person and you may not use anyone else's Account at any time.
In cases where you have authorized or registered another individual, including a minor, to use your Account,
you are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Services;
Accuracy of Account Information
10.1 In consideration of your use of NewTechWays Products, you agree to
(a) provide true, accurate, current and complete information about yourself as prompted by
NewTechWays's registration form (such information being "Your Data"),
(b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and
(c) comply with these Terms.
If you provide any information that is untrue, inaccurate, not current, incomplete or misleading,
or if we believe that such information is untrue, inaccurate, not current incomplete or misleading,
then we reserve the right to suspend or terminate your account and refuse or restrict any
and all current or future use of NewTechWays Products, without any liability to you.
User and Submitted Content
11.1 Any materials, information, communications or ideas that you upload,
communicate or otherwise transmit or post to us on or through NewTechWays Products
(the "Submitted Content") will be treated as non-confidential and subject to the license below,
and may be reproduced, distributed, publicly performed, publicly distributed, communicated to the public,
and otherwise used and exploited by us for any purpose related to the delivery, marketing, promoting,
demonstrating or operating NewTechWays Products, including, but not limited to, for quality control,
redistribution or display to Users, and professional development.
12.1 You acknowledge that the software, the technology underlying the Services,
and all other software, designs, materials, information, communications, text, graphics, links,
electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images,
and other data or copyrightable materials, including the selection and arrangements thereof,
provided or made available to you in connection with NewTechWays Products (collectively, the "NewTechWays Content")
are the proprietary property of NewTechWays and its affiliated and/or third party providers
and suppliers (the "Third Parties").12.2 You agree that any and all material displayed on the Site is solely for
your personal use and you shall not, whether directly or indirectly, copy, reproduce, republish,
post, upload, transmit or distribute such material in any manner and through any media including
by way of e-mail or other electronic means and shall not assist any other person in doing so.
Modification of the said materials or use of the materials on any other website or networked
computer environment or use of the materials for any purpose other than personal use is a violation
of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited.
Unless otherwise specified, when any content is downloaded to your computer, you do not obtain any ownership
interest in such content or any use of the content for any other purpose.
NewTechWays reserves all rights not expressly granted to you.12.3 All services rendered by you as a part of this agreement are works made for hire.
NewTechWays shall have exclusive and sole ownership on the intellectual property developed by us as a part of this agreement.
The entire right, title, and interest in and to all copyrights in the Work;
all registrations and copyright applications relating thereto and all renewals and extensions thereof;
all works based upon, derived from, or incorporating the Work; all income, royalties, damages,
claims and payments now or hereafter due or payable with respect thereto;
all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights;
and all rights corresponding to the foregoing throughout the world shall vest with NewTechWays
with respect to the works pursuant to this agreement.
Other Prohibited Uses
13.1 In using NewTechWays Products, you further agree not to:13.1.1 Upload or otherwise transmit to or through the Services any information or
content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party,
including by incorporating any such material in Submitted Content
13.1.2 Upload or otherwise transmit to or through the Services any unlawful, harmful,
harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material
of any kind, any material that can cause harm or delay to NewTechWays Products or computers of any kind.
Create a false identify or impersonate another person or entity in any way
Restrict, discourage or inhibit any person from using NewTechWays Products, disclose personal information
about a third person on or through NewTechWays Products or obtained from NewTechWays Products without
the consent of such person or collect information about Users of NewTechWays Products
Undertake, cause, permit or authorize the modification, creation of derivative works, translation,
reverse engineering, decompiling, disassembling or hacking of any aspect of NewTechWays Products or
any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms,
the authorized features of NewTechWays Products, or by law, or otherwise attempt to use or access
any portion of the Services other than as intended by NewTechWays
Gain unauthorized access to the Services, to other Users' accounts, names or personally identifiable information,
or to other computers or websites connected or linked to the Services
13.1.6 Reproduce, distribute, publicly display, publicly perform, communicate to the public,
sell, trade, resell or exploit any portion of NewTechWays Products, use of NewTechWays Products,
access to NewTechWays Products or content obtained through NewTechWays Products,
for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation,
by doing or engaging in any of the following without NewTechWays's express written consent
13.1.7 framing, embedding and/or passing off Submitted Content obtained from NewTechWays Products
in such a manner as to present them as originating from a source other than NewTechWays Products
copying, caching or reformatting any Submitted Content for commercial purposes in any manner whatsoever,
whether by copying to physical or electronic media for purposes of buffering delivery or converting transmissions
from NewTechWays Products to alternative delivery formats
13.1.9 altering, defacing, mutilating or otherwise bypassing any approved software through which NewTechWays Products
are made available; and using any trademarks, service marks, design marks, logos, photographs or other content
belonging to NewTechWays or obtained from NewTechWays Products
Post, transmit or otherwise make available any virus, worm, spyware or any other computer code,
file or program that may or is intended to damage or hijack the operation of any hardware,
software or telecommunications equipment, or any other aspect of NewTechWays Products or communications
equipment and computers connected to NewTechWays Products
Remove, disable, damage, circumvent or otherwise interfere with any security-related features of NewTechWays Products,
features that prevent or restrict the use or copying of any part of NewTechWays Products or any content accessible
on or through NewTechWays Products, or features that enforce limitations on the use of NewTechWays Products
or any content accessible on or through NewTechWays Products
Use any scraper, spider, robot or other automated means of any kind to access NewTechWays Products,
except and solely to the extent permitted by these Terms and the features of NewTechWays Products,
deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures
we may use to prevent or restrict access to the Site or Services
Interfere with or disrupt NewTechWays Products, networks or servers connected to NewTechWays Products
or violate the regulations, policies or procedures of such networks or servers
Violate any applicable federal, state or local laws or regulations or these Terms; and
Assist or permit any persons in engaging in any of the activities described above.
We offer users a 1 week, no-question-asked money back guarantee on all courses.
The refund should be claimed within 1 week of registration.
No such request will be entertained after 1 week from the time of purchase.
You may use 1 week period for VIEWING the videos on NewTechWays website.
It DOES NOT permit the DOWNLOAD of any course material.
THE 1 WEEK, REFUND POLICY STANDS NULL AND VOID IN THE FOLLOWING SCENARIOS:
Any paid content is recorded or downloaded from NewTechWays's website. This includes
any course videos (like .mp4 .mov files), documents (like .pdf, .docx files)
and source code hosted directly on NewTechWays website or any other third-party source code repository.
If you watch more than 2 hours of paid videos from NewTechWays's learning management system.
If you download any downloadable course material or source code.
If we believe that you are abusing our refund policy, it will be our sole discretion to suspend or terminate
your account and refuse or restrict any and all current or future use of NewTechWays Products,
without any liability to you.
NewTechWays reserves the absolute rights to revise these terms without prior notice to you other than by posting revised terms on the website.
To request a refund, please send a message to NewTechWays support through the website
or write an email to email@example.com
Duration of Access
The course content you purchase is for the lifetime.
You can go through the course content again even after completing the course.
In the unlikely event of NewTechWays not able to provide you the access to
the purchased course content through its website,
then it will make an alternate arrangement to provide you the content.
Your access to the content is subjective to your account being active
and other terms and conditions listed in this document.
Procedure for Reporting Claimed Infringement
If you believe that any content made available on or through NewTechWays Products has been used or exploited in a manner
that infringes an intellectual property right you own or control, then please promptly send a
"Notification of Claimed Infringement" containing the following information to NewTechWays address.
Your communication must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed
Identification of works or materials being infringed, or, if multiple works are covered by a single notification,
a representative list of such works
Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and information reasonably
sufficient to permit NewTechWays to locate the material
Information reasonably sufficient to permit NewTechWays to contact you, such as an address, telephone number,
and, if available, an electronic mail address at which you may be contacted
A statement that you have a good faith belief that the use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
As you use NewTechWays Products you may notice links to third-party websites ("Third Party Sites"). This may include Instructors sending links to Third Party Sites and/or causing Third Party Sites (such as study resources or online education pages) to pop-up for your review. These links are for convenience only. If you use these links, you will leave the Site. Certain of these Third-Party Sites may make use of NewTechWays proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from NewTechWays. NewTechWays is not responsible for the availability or content of these Third Party Sites or for any viruses or other damaging elements encountered in linking to a Third Party Site, whether or not NewTechWays is affiliated with the owners of such Third Party Sites. In addition, the provisioning of these links to Third Party Sites is not an endorsement or approval by NewTechWays of the organizations sponsoring such Third Party Sites or their products or services, and you may be subjected to offensive, harmful, or damaging content on such Third Party Sites. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites, applications, software or services.17.2
YOU AGREE THAT NEWTECHWAYS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY CONTENT OR ADVERTISING ON THE THIRD PARTY SITES.
Disclaimer; Warranty Disclaimer
YOU UNDERSTAND THAT WHEN USING NEWTECHWAYS PRODUCTS, PARTICIPATING IN A COURSE, OR ACCESSING NEWTECHWAYS CONTENT OR SUBMITTED CONTENT, YOU MAY BE EXPOSED TO PRODUCTS, PHOTOGRAPHS, MUSIC, ARTWORK, MESSAGES, AND OTHER MATERIALS FROM A VARIETY OF SOURCES, AND THAT NEWTECHWAYS IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OF OR RELATING TO SUCH PRODUCTS, CONTENT OR MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO PRODUCTS, CONTENT OR MATERIALS THAT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST NEWTECHWAYS WITH RESPECT THERETO.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEWTECHWAYS AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEWTECHWAYS, AN EMPLOYEE OR REPRESENTATIVE OF NEWTECHWAYS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. NEWTECHWAYS AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH NEWTECHWAYS PRODUCTS, ANY ASSOCIATED SITES OR APPLICATIONS, AND ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH NEWTECHWAYS PRODUCTS) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NEWTECHWAYS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY OTHER CONTRACTORS OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OR RELATING TO THE USE, OR THE INABILITY TO USE, NEWTECHWAYS CONTENT, NEWTECHWAYS PRODUCTS, COURSES, SUBMITTED CONTENT OR ANY PORTION THEREOF, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF NEWTECHWAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF NEWTECHWAYS PRODUCTS, NEWTECHWAYS CONTENT, SERVICES OR SUBMITTED CONTENT OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. IN NO EVENT SHALL NEWTECHWAYS OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF COMMISSIONS NEWTECHWAYS HAS RECEIVED AS A RESULT OF YOUR USE OF NEWTECHWAYS PRODUCTS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners,
employees, licensors, representatives and third party providers (including our affiliates' respective officers,
directors, agents, partners, employees, licensors, representatives, and third party providers),
from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys'
fees and related costs and expenses, due to or arising out of any content you submit, post to, email, or o
therwise transmit to us or through the Site or Services, your use of NewTechWays Products, NewTechWays Content
or any portion thereof, your connection to the Site or Services, or your breach of these Terms.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense
and in asserting any available defenses.
Modification of Services
We may add, change or eliminate features, pricing, nomenclature and other aspects of NewTechWays Products
and make other changes at any time and these Terms will continue to apply to NewTechWays Products as modified.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently,
NewTechWays Products (or any part thereof) with or without notice.
You agree that we will not be liable to you or to any third party for any such modification, suspension,
or discontinuance of all or any portion of NewTechWays Products.
Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND NEWTECHWAYS AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO COURT) IN ACCORDANCE WITH THE INDIAN ARBITRATION AND CONCILIATION ACT, 1996, AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF NEWTECHWAYS PRODUCTS.
There shall be one (1) arbitrator appointed mutually by NewTechWays and You and the seat of the arbitration shall be Bangalore India The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.
These Terms shall be governed by and construed in accordance with the laws of the Republic of India and subject to the provisions of arbitration set out herein, the courts at Bangalore shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with these Terms.
Termination of Services; Termination of Agreement
We may terminate your use of NewTechWays Products immediately without notice for any breach by you of these Terms, or any of our applicable policies as posted on the Site from time to time or for breach of applicable laws. Furthermore, we may terminate your rights to use NewTechWays Products for any other reason or no reason.
In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, disclaimer; warranty disclaimer, limitation of liability, dispute resolution, any other provisions of these Terms which, by their nature, apply after termination, and the miscellaneous provisions below. You agree that upon the termination, we may delete all information related to you on the Services and may bar your access to and use of NewTechWays Products. Upon the termination you will immediately destroy any downloaded or printed NewTechWays Content.
You are free to terminate your use of NewTechWays Products at any time. You can simply choose to stop visiting or using any aspect of NewTechWays Products. If you wish to terminate your account on the Site or with the Services, you may do so by sending an e-mail to firstname.lastname@example.org or using any other account termination functionality that may be offered through NewTechWays Products.
All electronic communications and content presented and / or passed to NewTechWays, including that presented
and/or passed from remote access connections, may be monitored saved, read, transcribed, stored,
or retransmitted in the course of daily operations by any duly authorized employee or agent of NewTechWays
in the exercise of their duties, or by law enforcement authorities who may be assisting NewTechWays
in investigating possible contravention/non-compliance with applicable laws.
Electronic communications and content may be examined by automated means.
Further, NewTechWays has the right to reject, at its sole discretion,
from the Site any electronic communications or content deemed not to be in compliance with the policies
and procedures of NewTechWays. NewTechWays shall not be under any obligation to furnish any clarifications
or answers in the event it so rejects any content posted by the User.
However, NewTechWays has full authority to review the content posted by Users on the Site.
25.1 Entire Agreement. These Terms and any policies applicable to you posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted in the Terms are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns.All electronic communications and content presented and / or passed to NewTechWays, including that presented and/or passed from remote access connections, may be monitored saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of NewTechWays in the exercise of their duties, or by law enforcement authorities who may be assisting NewTechWays in investigating possible contravention/non-compliance with applicable laws. Electronic communications and content may be examined by automated means. Further, NewTechWays has the right to reject, at its sole discretion, from the Site any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of NewTechWays. NewTechWays shall not be under any obligation to furnish any clarifications or answers in the event it so rejects any content posted by the User. However, NewTechWays has full authority to review the content posted by Users on the Site.
25.2 Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
25.3 Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of NewTechWays to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
25.4 Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
25.5 No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture partner, agent, legal representative, employer, contractor or employee of the other. Neither NewTechWays nor any other party to this Terms shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.