Privacy Policy
Privacy Your access and use of the Services constitutes your agreement to be bound by these Terms and Conditions (“T&C”), which establishes a contractual relationship between “Walnut Data Tech Pvt Ltd”, it’s affiliates or subsidiaries, and you. These T&C govern the use and access by you, the user, to the services, products, content, applications, websites etc. offered by Walnut Data Tech Pvt Ltd on its website being (the “www.selectyouruniversity.com”). If you do not agree to these T&C, you may not access or use the products and services offered on the Site. These T&C expressly supersede prior written agreements with you.
By using this Site, you represent and warrant that you are of legal age and fulfil all criterion to form a binding contract under the Indian Contract Act, 1972. If you do not meet all of the requirements for entering into a contract within the purview of Indian laws, you must not access or use the Site.
These T&C are to be read in conjunction with Walnut Data Tech Pvt Ltd Privacy Policy, where applicable.
T&Cs Updates
General Conditions/Access and Use
Ownership and Restrictions
All rights, title and interest in and to Walnut Data Tech Pvt Ltd and Content will remain with and belong exclusively to Walnut Data Tech Pvt Ltd . You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make Walnut Data Tech Pvt Ltd and any Content available to any third party, (b) use Site and Content in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of Site and Content or their related components, or (c) modify, adapt or hack Site and Content to, or try to, gain unauthorized access to the restricted portions of Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of Site and Content, or any other products or services of Walnut Data Tech Pvt Ltd that are not readily made available to the general public).
You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of Site and Content, except that you may download, display, and print one copy of the publicly available materials (i.e., the Content that does not require an Account name or password to access) on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. You agree not to access Site or Content by any means other than through the interface that is provided by Walnut Data Tech Pvt Ltd to access the same. You may not use any “page-scrape,” “deep-link,” “spider,” or “robot or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of Site or any Content, or in any way reproduce or circumvent the presentation or navigational structure of Site or any Content, to obtain or attempt to obtain any Content or other information through any means not made generally available through Site by Walnut Data Tech Pvt Ltd . Walnut Data Tech Pvt Ltd reserves the right to take any lawful measures to prevent any such activity. You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to Walnut Data Tech Pvt Ltd on or through the Site or any service offered on or through Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Responsibility for Your Data
Reservation of Rights
REGISTRATION
A. Eligibility
To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these T&Cs. By becoming a Registered User, you agree to: (1) abide by the T&Cs and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for your use of the Website and the purchase or delivery of services; and (3) perform your obligations as specified by any Programme Agreement that you accept, unless such obligations are prohibited by law or by the T&C.Walnut Data Tech Pvt Ltd Ltd reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
B. Registration
To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
C. Accounts and Profiles
(1) General: Once you have registered with the Site as a Registered User, we will create your Account with selectyouruniversity.com and associate it with an account number.
(2) Username and Password: During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this website. You authorize Walnut Data Tech Pvt Ltd to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
RELATIONSHIPS
A. Client and Consultant
(1) Programme Agreement: The engagement, contracting and management of a Programme are between anClient and Consultant. Upon acceptance of a quote, the Client agrees to purchase, and the Consultant agrees to provide, the services and related deliverables in accordance with the following agreements: (a) the agreement between Client and Consultant including the Programme Proposal, Programme Description, and other terms and conditions as communicated between Client and Consultant on the Walnut Data Tech Pvt Ltdwebsite or otherwise, (b) these T&Cs, and (c) any other content uploaded to the Site by either party (collectively, the “Programme Agreement”). You agree not to enter into any contractual provisions in conflict with these T&Cs. Any provision of a Programme Agreement in conflict with these T&Cs is void. Client is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Programme Agreement in a timely manner. Consultant is responsible for the performance and quality of the services in accordance with the Programme Agreement in a timely manner. Client and Consultanteach covenant and agrees to act with good faith and fair dealing in performance of the Programme Agreement.
(2) Independence:Client and Consultant each acknowledges and agrees that their relationship is that of independent contractors. The Consultant shall perform services as an independent contractor and nothing in these T&Cs shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Consultant and Client or between Walnut Data Tech Pvt Ltd and any Client or Consultant.
You acknowledge, agree, and understand that Walnut Data Tech Pvt Ltd does not, in any way, supervise, direct, control, or evaluate Consultants or their work and is not responsible for any Programme, Programme terms or Work Product.
(3) Work Product: Consultant is expected to deliver the Work Product (deliverable or outcome) of the Programme Agreement using Walnut Data Tech Pvt Ltd to the Client unless a NDA is signed between Vendor&Client. Walnut Data Tech Pvt Ltd can request proof of work performed at any point of time for verification as per Programme Agreement.
B. Registered Users and Walnut Data Tech Pvt Ltd
(1) General: Walnut Data Tech Pvt Ltd is not a party to the dealing, contracting and fulfillment of any Programme between a client and a Consultant. Consultant has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of Programme listings, the qualifications, background, or abilities of Registered Users, the ability of Consultancy to perform services, the ability of Clients to pay for services, or that a Client or Consultant can or will actually complete a Programme.Walnut Data Tech Pvt Ltd is not responsible for and will not control the manner in which a Consultant operates and is not involved in the hiring, firing, discipline or working conditions of the Consultant. All rights and obligations for the purchase and sale of services or other deliverables are solely between anClient and a Consultant. Clients and Consultants must look solely to the other for enforcement and performance of all the rights and obligations arising from Programme Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
(2) Third-Party Beneficiary of Programme Agreement: Client and Consultant each acknowledges and agrees that the value, reputation, and goodwill of Walnut Data Tech Pvt Ltd depend on their performance of their covenants and agreements as set forth in their Programme Agreement. Client and Consultant therefore appoint Walnut Data Tech Pvt Ltd as a third-party beneficiary of their Programme Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, Walnut Data Tech Pvt Ltd by these T&Cs.Clients and Consultants further agree that Walnut Data Tech Pvt Ltd has the right to take such actions with respect to the Programme Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, asWalnut Data Tech Pvt Ltd in its sole discretion deems necessary to protect the value, reputation, and goodwill of Walnut Data Tech Pvt Ltd
(3) Agency: These T&Cs and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Walnut Data Tech Pvt Ltd, except and solely to the extent expressly stated.
(4) Taxes: Registered Users are responsible for payment and reporting of any taxes.Walnut Data Tech Pvt Ltd Ltd is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. You agree that you will abide by any and all applicable state and government tax statutes, regulations and common law. In the event Walnut Data Tech Pvt Ltd Ltd receives a notice of non-compliance with any such statute, regulation or common law, Walnut Data Tech Pvt Ltd Ltd will deem such receipt a breach of this section and will suspend your Account.
C. Legal Relationship
(1) Walnut Data Tech Pvt Ltd Ltd is not your agent with respect to any funds that have been transferred to Walnut Data Tech Pvt Ltd Ltd for any Assumed Payment Liabilities.
(2) Walnut Data Tech Pvt Ltd Ltd acts as a payment provider by creating, hosting, maintaining, and providing the Walnut Data Tech Pvt Ltd Ltd Billing and Payment Services to you via the Internet. Additionally, Walnut Data Tech Pvt Ltd Ltd does not control whether an Client or Consultant will actually complete the underlying transaction. Walnut Data Tech Pvt Ltd Ltd is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion or workmanship of any services by a Consultant as a result of an awarded Programme.
(3) By using the Walnut Data Tech Pvt Ltd Ltd Billing and Payment Services, you expressly acknowledge that (a) Walnut Data Tech Pvt Ltd Ltd is not acting as a trustee or a fiduciary of Clients or Consultant and that the Walnut Data Tech Pvt Ltd Ltd Billing and Payment Services are provided to Registered Users administratively; (b) Walnut Data Tech Pvt Ltd Ltd is not a “financial institution” and the Walnut Data Tech Pvt Ltd LtdBilling and Payment Services are payment services rather than a banking services; (c) Walnut Data Tech Pvt LtdLtd IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH Walnut Data Tech Pvt Ltd Ltd ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
Use of Intellectual Property
Rights in User Content
By posting your information and other content (“User Content”) on or through Site and Content, you grant Walnut Data Tech Pvt Ltd a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with Site and Content. Walnut Data Tech Pvt Ltd has the right, but not the obligation, to monitor Site and Content and User Content. Walnut Data Tech Pvt Ltd may remove or disable any User Content at any time for any reason, or for no reason at all.
Unsecured Transmission of User Content
You understand that the operation of Site and Platform, including User Content, may be unencrypted and involve transmission to Walnut Data Tech Pvt Ltd third party vendors and hosting partners to operate and maintain Site and Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. Walnut Data Tech Pvt Ltd will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.
Feedback
You may submit ideas, suggestions, or comments (“Feedback”) regarding Site and Content or Walgreen’s business, products or services. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and Walnut Data Tech Pvt Ltd may, without any obligations or limitation, use and exploit such Feedback in any manner and for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration, or attribution with respect to your Feedback regardless of whether Walnut Data Tech Pvt Ltd considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party.
Your Representations and Warranties
You represent and warrant to Walnut Data Tech Pvt Ltd that your activity on Site andWalnut Data Tech Pvt Ltd possession and use of User Content as contemplated in these T&Cs do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
TERMINATION OF ACCESS DUE TO VIOLATIONS
NO WARRANTIES AND DISCLAIMER BY TOW
TOW MATERIALS ARE PROVIDED “AS IS” BASIS. TOW AND ITS THIRD-PARTY LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PURPOSE. TOW MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE (I) THAT USE OF TOW MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (II) THAT TOW WILL CONTINUE TO OFFER TOW MATERIALS.
TOW DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF TOW AND CONTENT. NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM TOW OR THROUGH TOW WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs AND YOU SHOULD NOT RELY ON TOW AND THE GENERAL CONTENT ALONE AS THE BASIS FOR YOUR BUSINESS DECISIONS.
Walnut Data Tech Pvt Ltd reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to Site, or any portion of Site, for any reason; (2) to modify or change Site, or any portion of Site, for any reason; and (3) to interrupt the operation of Site, or any portion of Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITED LIABILITY
Indemnification
DISPUTE RESOLUTION
DUE DILIGENCE OF USER
MISCELLANEOUS
These T&Cs, and any additions, changes, edits and/or modifications made thereto by Walnut Data Tech Pvt Ltd, together with Walnut Data Tech Pvt Ltd Privacy Policy, constitute the entire agreement between the parties with respect to the portions of Walnut Data Tech Pvt Ltd available without an account ID or password. Access to certain password-restricted portions of Walnut Data Tech Pvt Ltd, and any subsequent procurement and use of Walnut Data Tech Pvt Ltd services is subject to different, additional agreement(s).
A. Compliance with Law: You are responsible for compliance with applicable Indian laws, regulation and treaties, keeping in mind that access to the contents of Site may not be legal for or by certain persons or in certain countries.
Walnut Data Tech Pvt Ltd does not conduct business with or seek any commercial transactions with: (i) any entity, citizen or resident of a geographic area in which access to or use of the Walnut Data Tech Pvt Ltd is prohibited by applicable law, decree, regulation, treaty, or administrative act; (ii) an entity, citizen or resident of, or located in, a geographic area that is subject to India or the UN sanctions or embargoes; or (iii) an individual, or an individual employed by or associated with an entity, identified by Director General of Foreign Trade (“DGFT”) or the relevant regulatoror otherwise ineligible to receive items subject to India’s export control laws and regulations or other economic sanction rules (collectively, a “Prohibited Counterparty”). By accessing Site and the Content you represent and warrant that you are not a Prohibited Counterparty and you will not seek or (attempt to) obtain services from or a commercial relationship with Walnut Data Tech Pvt Ltd
B. Modification and Waiver: Walnut Data Tech Pvt Ltd will not be considered to have modified or waived any of our rights or remedies under these T&Cs unless the modification or waiver is in writing and signed by an authorized representative ofWalnut Data Tech Pvt Ltd. No delay or omission by Walnut Data Tech Pvt Ltd in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
C. Severability: In the event that any provision of these T&Cs will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that these T&Cs will otherwise remain in full force and effect and enforceable.
D. Assignment or Transfer: You will not transfer, assign or delegate your rights or obligations (including your Account) under these T&Cs to anyone without the express written permission of Walnut Data Tech Pvt Ltd, and any attempt to do so will be null and void. Walnut Data Tech Pvt Ltd may assign these T&Cs in its sole discretion.
E. Force Majeure: Except for the payment of fees to Walnut Data Tech Pvt Ltd, neither of the parties to these T&Cs shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labour disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
F. Notice: All notices required or permitted to be given under these T&Cs, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to our addresses or to such other address as any party shall designate by notice in writing.
G. You are responsible for paying all other fees and taxes associated with the funds you earn by the use of TOW wherever levied (including withholding tax, if applicable).
H. If a Vendor/Client doesn't responds to a Request, Walnut Data Tech Pvt Ltd reserves full authority to perform required Action either by automation or manually.
I. The Website may contain links to third-party web sites not under the control or operation of Walnut Data Tech Pvt Ltd. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
J.You are responsible for creation, storage, and backup of your business records. These T&Cs and any registration for or subsequent use of Site will not be construed as creating any responsibility on Walnut Data Tech Pvt Ltd part to store, backup, retain, or grant access to any information or data for any period.
K. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the DisplayCardholder.
These T&Cs and any additions, changes, edits and/or modifications made thereto by Walnut Data Tech Pvt Ltd cannot be amended except by Walnut Data Tech Pvt Ltd as set forth above. The failure of Walnut Data Tech Pvt Ltd to exercise or enforce any right or provision of these T&Cs will not be a waiver of that right. Any notices to Walnut Data Tech Pvt Ltd in connection with this agreement will be made by email transmitted to info@selectyouruniversity.com.