The Baachu web sites (the “Website”), the data, software and information available from the Site (the “Products”), and the educational services and courses made available on or through the Site and the Software (the “Services”), are owned, operated, and maintained, as applicable, by Baachu Works Limited. (“we”, “our”, “us”, “Baachu” or the “Company”).
Using the Website indicates that you accept these terms (the “Terms”) regardless of whether or not you choose to register with the Website. These Terms represent the legal terms upon which the Company (as defined below) intends to reply. For your benefit and protection, we strongly recommend that you review these Terms carefully.
Please be aware that these Terms are legally binding and consequently if you do not understand any element of these Terms and/or have a question regarding these Terms please contact us via email@example.com . If you do not accept these Terms, do not use the Website. Please note that the Terms are updated from time to time and it is your responsibility to review these Terms carefully and regularly.
1.1 The Site is owned by Baskar S Sundaram and operated by Baachu Works Limited (the “Company”). The Company is registered in England and Wales (company number: 09006284, VAT number: 189290268, ICO Reference: ZA202260) and its registered office is at Baachu Works Limited 316 Whitestone Way, Croydon CR0 4FJ, Surrey, United Kingdom (e-mail: firstname.lastname@example.org)
1.2 You may access many areas of the Website without registering your details. Certain areas of the Website are only open to you if you register as a registered user and use the Website in accordance with these Terms
1.3 By accessing any part of the Website you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website immediately
2. Ownership and Restrictions
2.1 The Website, its design and content including all text, information, still and motion video, audio and audio visual material, code and/or software (the “Material”) and the reports (published in final form or otherwise), content, articles and blogs available to be downloaded from the Website (the “Reports”) are owned by the Company
2.2 The Website may be used by you strictly for your personal use only as provided in these Terms. No element of the Website or the Material may be taken out of context or presented in a misleading or discriminatory manner. No element of the Website, the Material, Reports, Courses or any content may be used to create an impression that the Company (or its representatives) are associated with or endorse you or your business interests
2.3 You are strictly prohibited from accessing and using certain content in any manner unless you are a registered user and adhere strictly to the terms of these Terms
2.4 You agree not to modify, copy, reproduce, broadcast, modify, adapt, transmit, republish, sell, resell, exploit, create derivative works or distribute in any way any portion of the Website, the Material or the Reports
2.5 You are granted a personal, limited, non-transferable, non-exclusive license (as per section 7 Subscription Membership Fees, Refunds and Cancellations) to access and download extracts from the Website for your own private personal use on the following basis:
2.5.1 No documents or related graphics on the Website are modified, varied or summarised in any way;
2.5.2 No graphics on the Website are used separately from the accompanying text;
2.5.3 Any trademarks or similar badges of ownership which are attached to or associated with such extracts or content must not be removed, altered or modified in anyway;
2.5.4 Any moral rights, such as the right to be identified as the author, or similar intellectual property rights will be retained and shall not be limited or reduced as part of your license and use;
2.5.5 The Company’s copyright and trade mark notices and this permission notice appear in all copies of any material from the Website; and
2.5.6 You do not, and you do not allow any third party, to modify or create a derivative work, reverse engineer or otherwise attempt to discover any source code or software available on the Website.
The grant of this limited license (as per section 7 Subscription Membership Fees, Refunds and Cancellations) is conditional upon your agreement to and strict compliance with all these Terms. The Company may immediately revoke this license at any time and in their absolute discretion.
2.6 Any use of extracts from the Website other than in accordance with paragraph 2.5 above for any purpose is prohibited. If you breach any of the Terms, your permission to use the Website automatically terminates and you must immediately destroy or permanently erase from any computer memory or storage device any downloaded or printed extracts or documents from the Website.
2.7 All copyrights in and to Baachu Works Limited (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Baachu and/or its licensors, who reserve all their rights in law and equity.
2.8 The Company has a number of brands, logos and marks which it uses in a trade mark sense to identify the Company, its representatives and services including without limitation:
2.8.1 BAACHU (word and logo);
2.8.2 BID BUDDY (word and logo);
2.8.3 BAACHU HUB (word and logo);
2.8.4 BAACHU RAIN (word and logo);
2.8.5 BAACHU SCRIBBLE (word and logo);
2.8.6 SELL YOU FIRST (word and logo);
2.8.7 BAACHU INSIGHT (word and logo);
2.8.8 BAACHU CONNECT (word and logo);
2.8.9 BAACHU ENGAGE (word and logo);
2.8.10 BAACHU HELLO MONDAY (word and logo);
2.8.11 BAACHU TALK (word and logo);
2.8.12 BASKAR SUNDARAM (word and logo);
2.8.13 BAACHU ENTREPRENEUR MIND (word and logo);
You acknowledge and accept that you do not have a licence to use these brands, logos and marks beyond viewing them as included as part of the Website and you shall do nothing to damage, unlawfully use or imitate these marks.
3. Website Access
3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4. Visitor Material and Conduct
4.2 You are prohibited from uploading, posting or transmitting to or from the Website any material:
4.2.1 that is unauthorized, unlawful, threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
4.2.2 for which you have not obtained all necessary licenses, consents and/or approvals; or
4.2.3 which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
4.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking) in a way which is contrary to the Terms. In the event that you do misuse the Website or breach any of the Terms, the Company reserves the right to ask you to leave the Website immediately, suspend your use of your username and password and to prohibit you from using the Website in the future.
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3 above.
5. Links to and from Other Websites
5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. As a result, the Company does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.
5.3 The Company does not permit the linking of the Website from any third-party websites unless it has provided its express written consent to do so.
6.1 To register as a user of the Website it will be necessary for you to provide current, accurate and complete details of:
6.1.1 Username – you must choose a username which is unique and does not offend standards of common decency, infringe upon the rights of the Company nor third parties nor seek to mislead or discredit;
6.1.2 your email address;
6.1.3 your first and last name;
6.1.4 your phone number;
6.1.5 your company;
6.1.6 your job title;
6.1.7 your role; and
6.1.8 your company size
6.2 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.3 You are responsible for keeping your password and username secret. You must not write down, store (whether encrypted or otherwise) on your computer or mobile phone handset or let anyone else know your password or username, and the fact that they are for use with the Website. If you think that someone else knows your password or username or has used either of them to access the Website, you must notify the Company immediately. The Company will issue you with a new password and/or username as appropriate
6.4 For administration or security reasons, if the Company believes that someone else is trying to use your password or username, the Company can require you to change your password and/or username
6.5 When you register on the Website, you warrant that all the details you supply, including without limitation, your name and e-mail address are accurate, that you are authorized to use the e-mail address that you provide and that you are at least eighteen (18) years old. If you are below the age of eighteen (18), please obtain the permission of your parent or guardian before using the Website. The Company has no intention of collecting any personal information from children below the age of 18 without parental consent. Parents are encouraged to review their children’s e-mail and Internet activities to ensure that the Website is being used in accordance with these Terms
6.7 You agree to provide accurate and complete information when you register with, and as you use, the BAACHU Services, and you agree to update your account information to keep it accurate and complete.
6.8 You agree that BAACHU may store and use the information you provide for use in maintaining and billing fees to your Account
7. Subscription Membership Fees, Refunds and Cancellations
7.1 Subscriptions, Trials and Digital Products
Your Baachu membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership, or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment to use the Baachu service. We will bill the monthly membership fee to the payment method used when signing up unless updated or changed by subscriber. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method
Trial Subscriptions: Your Baachu membership may start with a trial. The trial period of your membership lasts for 30 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Trials are for new and certain former members only. Baachu reserves the right, in its absolute discretion, to determine your trial eligibility
Monthly Subscriptions: You have THIRTY (30) Days from the date of the original purchase to request a refund for your Baachu monthly subscription. Any refund request after the THIRTY (30) DAY time limit will not be processed. You may cancel at any time after the initial THIRTY (30) Days has passed.
Yearly Subscriptions: For yearly subscription purchases, you have THIRTY (30) Days from the date of the original purchase to request a refund for your Digital Marketer yearly subscription. Any refunds requests after 30 days will be prorated by the amount of time remaining under the original yearly subscription period. Example: If you purchase a yearly subscription in January of this year and you decide you want a refund 6 months from the purchase date, youre prorated refund would be 50% of the purchase price.
7.2 Terms of Subscription Renewal
Trial members will receive a notice from us that your trial period is ending or that the paying portion of your membership has begun. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. To cancel your subscription submit a ticket at email@example.com.
Yearly Digital Marketer Subscribers will be notified via email prior to renewal with the option to renew at the original yearly price. If the subscriber does NOT notify the company that they wish to continue at the yearly price, the subscribers account will revert to the monthly price automatically.
7.3 Baachu Certifications and Mastery Courses
You have THIRTY (30) Days from the date of the original purchase to review the training and preview the course. Any refund requests after the THIRTY (30) DAY time limit will not be processed.
No refunds will be processed after the final exam has been started.
7.4 Baachu Scribble Padi Member Discount Policy
From time to time, on some Baachu products, we will offer our Padi members the opportunity to purchase additional products and services at a discount rate. To be eligible for this discount, the customer must be a member in good standing at the time of purchase. No rebates or partial refunds will be offered if a customer purchases a training, and then joined Baachu Padi, because these discount are intended to be a benefit for active members, and not an enticement for new members.
If a Padi member purchases an item that was eligible for a discount, if the Padi member notifies our support team within 30 days of the purchase, a partial refund for the discounted amount will be offered. If the available discount is not reported within 30 days, a credit for additional purchases will be offered, but note that no refunds or credits will be offered after 12 months from the date of purchase.
7.5 Live Streams
7.5.1 Refunds will only be provided in situations where the customer is unable to watch the Livestream due to technical issues.
7.5.2 Refunds will only be considered and processed on the first day of each respective event.
7.6 Access to Previous Purchases
7.6.1 As an accommodation to you, subsequent to acquiring Baachu training, you may download previously acquired training (when available) onto any Associated Device. Some Baachu training or services that you previously acquired may not be available for subsequent download or access at any given time, and Baachu shall have no liability to you in such event. As you may not be able to subsequently download certain previously-acquired content or training, once you download an item, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.
7.6.2 Baachu reserves the right to change content options (including eligibility for particular features) or remove access without notice to any previously purchased training or content that is no longer valid or deemed out of date.
8. LIMITATION ON LIABILITY
8.1 BAACHU LIVE STREAM AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE BAACHU LIVE STREAM, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BAACHU DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE BAACHU LIVE STREAM WILL BE UNINTERRUPTED OR ERROR-FREE.
8.2 Baachu is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received by Baachu on account of technical problems or traffic congestion online or on the Internet or at any Web site, or any combination thereof including any injury or damage to customer’s or any other person’s computer related to or resulting from downloading or streaming any materials consistent with this agreement or subsequent use of any Baachu owned web properties. If, for any reason, the stream is not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Baachu which threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of a live stream offer, Digital Marketer, reserves the right, in its sole discretion, to cancel, terminate or suspend the offer and/or any subscription. ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS OFFER MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BAACHU WILL DISQUALIFY YOUR ATTEMPTED REDEMPTION AND RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
9.1 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BAACHU AND/OR ITS ECOSYSYTEM PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
9.2 BAACHU AND/OR ITS ECOSYSTEM PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
9.3 BAACHU AND/OR ITS ECOSYSTEM PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAACHU AND/OR ITS ECOSYSTEM PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BAACHU AND/OR ITS ECOSYSTEM PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9.6. EARNINGS AND INCOME DISCLAIMER:
Baachu cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. What we can guarantee is your satisfaction with our training. You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
10.1 If any of these Terms shall be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England.
12. User Responsibilities & Warranties
12.1 You acknowledge and agree that whilst using the Website you cannot:
12.1.1 Interfere with the Website
12.1.2 Use profanity or act in a manner which would upset or offend others
12.1.3 Continue to use the Website if you have had a registered user account suspended or cancelled.
12.1.4 Direct web traffic away from the Website.
12.1.5 Post ads or promote third party websites.
12.1.6 Act in a manner which is unlawful or socially irresponsible.
12.2 You represent and warrant to us that
12.2.1 you are 18 years of age or over, of sound mind and capable of taking responsibility for your own actions;
12.2. 2 you can enter into a legally binding agreement with us and you are the person whose details are provided in connection with your user registration;
12.2.3 in the event that another person uses your account you are solely responsible for all their actions whether or not their access was authorized by you and for this purpose you hereby indemnify us and hold us harmless against all costs, claims, expenses and damages howsoever arising in connection with the use of or access to your account by any third party;
12.2.4 you will not take any steps or assist others to use, reproduce or exploit the intellectual property rights associated with the Website which you acknowledge are exclusively owned and/or controlled by us;
12.2.5 you undertake to use our Website for legitimate purposes only. In particular you undertake not to engage in any activity which has the purpose or effect of causing damage to or in any way hindering our business operations or generating or increasing a liability on us, including without limitation any tax, levy or duty collecting authority
12.2.6 you will not attempt to hack, make unauthorised alterations or introduce any kind of malicious code to the Website or us by any means;
12.2.7 you will at all times act in good faith in relation to your use of the Website;
12.2.8 you will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in connection with the forums or any other part of the Website including within your own username, password or other information contributed to the Website;
12.2.9 you will not disguise or interfere in any way with the IP address of the computer you are using to access the Website or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Website; and
12.2.10 you will only use the Website for entirely lawful purposes.
13. Dispute Resolution
13.1 In the event of a dispute arising between us and you, our customer service staff will attempt to reach an agreed resolution. Please contact firstname.lastname@example.org in the first instance. Should our customer service staff not be able to reach an agreement with you, our senior management and/or Board of Directors may intervene to resolve any outstanding grievance.
13.2 You agree to follow any grievance/dispute policy we may put in place from time to time. You agree to diligently and faithfully exhaust this process before taking any grievance/dispute to any Court or regulatory authority. Failure to do so may require us to seek to recover any legal costs from you.
13.3 You acknowledge that if you are in breach of these Terms the Company shall be entitled to enforce our rights via a formal claim in the Courts in our discretion.
14. Force Majeure & Events Beyond Our Control
We are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labor dispute, civil disorder, revolution, illness or pandemic, act, failure or omission of any government, republic or authority; power surge or power loss; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, we reserve the right to cancel or suspend the Website and/or our services including any auction on the Website without incurring any liability.
15.1 These Terms and the entirety of the provisions are binding on you are on your respective successors and assigns.
15.2 No delay and/or failure to enforce our rights or entitlements under these Terms and Conditions will be deemed to be a waiver and any waiver will require our express written confirmation. Any such waiver by us of any breach of these Terms and Conditions shall not be considered a waiver of any subsequent breach of the same or any other provision.
15.3 Only the parties to these Terms and Conditions may seek to enforce them and in this regard the provisions of the Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
16. Changes to Terms
The Company shall have the right, at its sole discretion to modify, add or remove any terms or conditions of these Terms without notice or liability to you. You should regularly check the Website to review the current Terms since they are binding on you. Any changes to these Terms shall be effective immediately following the posting of any such changes on the Website. Please review these Terms regularly to ensure that you are aware of any changes made by the Company. Your continued use of the Website after changes have been posted means you agree to be legally bound by the Terms as updated and amended.
Last Updated 28th December 2018