These “Platform Terms and Conditions” constitute a legally binding Agreement (“Agreement”) between you and OT Marketplace and govern your access to and use of the OT Marketplace Platform. When these Terms and Conditions mention “OT Marketplace,” “OT Marketplace Platform” “We,” “Us,” or “Our,” they refer to Theseus Technologies Private Limited having its registered address at AJR Pride, 2nd Floor, 27th Main Rd, PWD Quarters, 1st Sector, HSR Layout, Bengaluru, Karnataka 560102 being the entity that engages with You and manages the OT Marketplace Platform that facilitates Your transaction. “You” and “Your” refer to someone legally or contractually associated with, or acting on behalf of a Buyer. We refer to ‘Parties’ when clauses are applicable to both You and Us.
Thanks for choosing OT Marketplace (“OT Marketplace,” “we,” “us,” “our”). OT Marketplace is a managed marketplace which provides personalized training services with the help of data and artificial intelligence for training needs and other services that may be developed from time to time. By signing up or otherwise using any of these OT Marketplace services, including all associated features and functionalities, Platform, platform and user interfaces, as well as all content and software applications associated with our services (collectively, the “OT Marketplace Service” or “Service”), or accessing any Training Products i.e. (Coaching, Assessment, Training) , pricing schedule or other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with OT Marketplace.
Our Platform provides users with access to compiled Training product information and related sources i.e. assessments, case-studies, etc. Such information is provided on an As Is basis and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Platform. From time to time the Platform may also include links to other Platforms. These links are provided for user convenience to provide further information. They do not signify that we endorse the Platform(s). We have no responsibility for the content of the linked Platform(s). You may not create a link to the Platform from another Platform or document without OT Marketplace prior written consent.
The Policies include terms regarding policy, automatic renewals, limitations of liability, privacy, waivers, and resolution of dispute. If you wish to review the terms, the current effective version of the Policies can be found on OT Marketplace Platform. You acknowledge that you have read and understood the User Policy, accept this policy, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the OT Marketplace Service or access any Content.
In order to use the OT Marketplace Service and access any Content, you need to (1) be 18 years or older, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to OT Marketplace is true, accurate, and complete, and you agree to keep it that way at all times.
- Changes to the Agreements
The use of the OT Marketplace platform will be subject to the most current version posted on the platform at the time of Your use. Occasionally we may make changes to this policy. We make material changes to the policies, so please check back regularly for updates and changes. When we make changes to these Terms that affect your rights, we will post the revised Terms and notify you via email. Capitalized terms used below but not defined in this policy have the meaning set forth in the User Terms of Service. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.
You can find a description of our Service options on our Platform, and we will explain which Service options are available to you when you create an OT Marketplace account. The fee on the platform is the final fee payable by the user and includes our margin as well. The cost of Labs (e.g. AWS Cloud Lab or Hardware Equipment needed for training) and Logistics (e.g. training venue, props) is specific to the course and billed on actuals. The same is indicated at the time of (training) booking.We may offer special promotional plans, memberships, or services, including offerings of third-party services in conjunction. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered plans and promotional offerings at any time in accordance with these Terms.
- Using our service
OT Marketplace provides these policies so that you are aware of the terms that apply to your use of the Platform/Services. You acknowledge that OT Marketplace has given you a reasonable opportunity to review these Terms and that you have agreed to them.
The OT Marketplace service and the content are the property of OT Marketplace. The Services are for user purposes, as OT Marketplace is intended for use by businesses and organizations. We grant you limited, non-exclusive, revocable permission to make use of the OT Marketplace Service, and limited, non-exclusive, revocable permission to make commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or OT Marketplace. You agree that you are using the OT Marketplace Service and Content for your internal business operations and that you will not redistribute or transfer the OT Marketplace Service or the Content.
The OT Marketplace Platform and the content are not sold or transferred to you, and OT Marketplace retains ownership of all copies of the OT Marketplace Platform and Content even after accessing your personal computers, mobile handsets, tablets, and/or other devices (“Devices’’).
All OT Marketplace trademarks, service marks, trade names, logos, domain names, and any other features of the OT Marketplace brand (“OT Marketplace Brand Features’’) are the sole property of OT Marketplace. The Policies do not grant you any rights to use any OT Marketplace Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the OT Marketplace Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, OT Marketplace grants no right, title, or interest to you in the OT Marketplace Service or Content.
- User-Generated Content
OT Marketplace users may post, transmit, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, descriptions and compilations, and/or other types of content) (“User Content”).
You agree that, with respect to any User Content you post on OT Marketplace, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by OT Marketplace as contemplated by the Agreements, does not violate the Policies or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by OT Marketplace or individual without express written consent from OT Marketplace or such individual or entity.
OT Marketplace may, but has no obligation to, monitor, review, or edit User Content. In all cases, OT Marketplace reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in OT Marketplace sole discretion, violates the Agreement. OT Marketplace may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content. OT Marketplace is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST OT Marketplace RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD OT Marketplace HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
- Rights you grant us
In consideration for the rights granted to you under the Agreement, you grant us the right (1) to allow the OT Marketplace Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide marketing and other information to you. In any part of the OT Marketplace Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including OT Marketplace Policies with third parties.
If you provide feedback, ideas or suggestions to OT Marketplace in connection with the OT Marketplace Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize OT Marketplace to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant OT Marketplace a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
- User guidelines
The Platform/Services/Products obtains the information you provide when you download and register for the Services or products. When you register with us, you generally provide (a) your name, age, email address, location, phone number, password and your training requirements; (b) transaction-related information, such as when you make purchases, respond to any offers, or download quotation from us; (c) information you provide us when you contact us for help; (d) information you enter into our system when using the Platform/Services/products, such as while asking doubts & participating in discussions. The said information collected from the users could be categorized as “Personal Information”, “Sensitive Personal Information” and “Associated Information”. Personal Information, Sensitive Personal Information and Associated Information (each as individually defined under this Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (the “Data Protection Rules”) shall collectively be referred to as ‘Information’ in this Policy.
OT Marketplace respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure OT Marketplace stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the OT Marketplace Service or the Content, or otherwise making any use of the OT Marketplace Service or the Content which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the OT Marketplace Service or the Content or any part of it;
- using the OT Marketplace Service to import or copy any local files that you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from an authorized Device to any other Device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the OT Marketplace Service, Content or any part thereof except to the extent permitted by applicable law;
- circumventing any technology used by OT Marketplace, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the OT Marketplace Service or the Content;
- circumventing any territorial restrictions applied by OT Marketplace or it licensors;
- removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person’s username and password;
- “crawling” the OT Marketplace Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from OT Marketplace or the OT Marketplace Service;
- artificially promoting Content by automated means or otherwise.
Please respect OT Marketplace, the owners of the Content, and other users of the OT Marketplace Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of OT Marketplace or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by OT Marketplace;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by OT Marketplace;
- interferes with or in any way disrupts the OT Marketplace Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or OT Marketplace computer systems, network, usage rules, or any of OT Marketplace security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- Conflicts with the policy, as determined by OT Marketplace.
- You acknowledge and agree that posting any User Content that violates these User guidelines (or that OT Marketplace reasonably believes violates these User guidelines) may result in immediate termination or suspension of your OT Marketplace account. You also agree that OT Marketplace may reclaim your username for any reason.
Please be thoughtful about how you use the OT Marketplace Service and what you share. Remember that shared or publicly available information may be used and re-shared by other users on OT Marketplace or across the web, so please use OT Marketplace carefully and be mindful of your account settings. OT Marketplace has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
- Infringement and reporting User Content
OT Marketplace respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, If OT Marketplace is notified by a copyright holder, using the forms provided by OT Marketplace, that any Content infringes a copyright, OT Marketplace may in its sole discretion remove such Content from the Service, or take other steps that OT Marketplace deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to OT Marketplace with a request to restore the removed content, which OT Marketplace may or may not honor, in OT Marketplace sole discretion.
- Service limitations and modifications
OT Marketplace will make reasonable efforts to keep the OT Marketplace Service operational.
Availability. We provide an availability level for the OT Marketplace Platform of 99.5% excluding scheduled maintenance, software releases, updates required reflecting changes in relevant laws and regulatory requirements. Availability is calculated on an annualized basis.
Scheduled Maintenance. OT Marketplace shall engage in Scheduled Maintenance activities, and will communicate these sessions at least 10 days in advance.
Standard Support Business hours. Monday to Friday, 9.00 AM to 8:00 PM Indian standard time is considered business hours for OT Marketplace platform and for the purpose of the OT Marketplace user policy.
Support Response Time. OT Marketplace shall acknowledge your incidents as reported to us and respond within the time frames specified below (“Support Response Time Requirement”). Such acknowledgement shall include any actions taken, resolution if available, and any escalation plans.
|Support Level||Definition||Support Response Time|
|S0 – Critical||Complete loss of PlatformFunctionality||Within 8 Business Hours.|
|S1 – Urgent||Platform is operative but degraded.||Within 12 Business Hours.|
|S2- Tolerable||Platform unusable, non-critical functionality or components are affected.||Within 1 Business Day.|
|S3 – Question||Includes general questions, requests for documentation or other non-critical system related issues.||Within 3 Business Days.|
- Help & Customer support
OT Marketplace shall provide resolution within the time frames specified below (“Support Resolution Time Requirement”).
|Support Priority||Definition||Support resolution time|
|S0 – Critical||Any defect which prevents you from utilizing the platform.||2 Business Days.|
|S1 – Urgent||A defect impacting users which can be addressed with a temporary workaround.||In the Next Sprint.|
|S2- Tolerable||Defects affecting Authorized users use of the platform, with limited impact.||As determined by OT Marketplace.|
|S3 – Enhancements||An enhancement to feature or functionality requested by the Customer.||As determined by OT Marketplace.|
For customer support with account-related and payment-related questions (“Customer Support Queries”), please send an email to [email protected]. We will use reasonable endeavors to respond to all Customer Support Queries within the above mentioned time frame.
- Term and termination
The Policies will continue to apply to you until terminated by either party. Parties are authorized to terminate this Agreement at any time for any reason, by providing 30 days written notice. Termination will not in any way affect parties’ responsibilities to honor its obligations in terms of provisioning of Training Products and Services according to the terms of this Agreement. Upon termination, OT Marketplace will restrict or block your access to the Platform, and consequently, you will not be able to use any or specific set of features and capabilities on the OT Marketplace Platform.
- Severability, waiver and interpretation
Unless as otherwise stated, should any provision of the Policies be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by OT Marketplace to enforce the Policies or any provision thereof shall not waive OT Marketplace right to do so. As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
Unless mutually agreed to between parties, in the event of any conflict between the Terms of this Agreement and any Exhibits to these Terms that are explicitly agreed in writing, the order of precedence is as follows: (a) any OT Marketplace Master Services Agreement that may be in place (b) any exhibits to these Terms that are explicitly agreed in writing either prior to or subsequent to setting up an account on OT Marketplace Platform; (c) OT Marketplace Platform Terms and Conditions.
You cannot assign or otherwise transfer your obligations under the Terms, or any right granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking your consent.
You agree to indemnify and hold OT Marketplace harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Policies or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the OT Marketplace Service; and (4) your violation of any law or the rights of a third party.
- Governing Law / Jurisdiction
The Policy shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore, Karnataka and you hereby accede to and accept the jurisdiction of such courts.
- Contact us
We make all best endeavors to provide you with a pleasant experience. In the unlikely event that you face any issues, please contact us at [email protected]