Terms and Conditions

Welcome to the Terms and Conditions (collectively referred as “Terms”) for the usage of the Programs or Labs (collectively “Services”) of the The Writers INK Institute ( collectively referred as the “Institute”, “we” or “us”) and its website and mobile site (collectively referred as “Platform”) www.thewritersinkinstitute.org. 

This is a legal and binding agreement between you, the user (referred to as “user” or “you”), Writers INK the Institute, its Platform and its Services, as defined below. By accepting these Terms in any manner or accessing the Platform or the Services, you consent, agree, and undertake to abide, be bound by and adhere to the Terms and if you do not agree to these Terms, you are not entitled to avail of/use the website and any use thereafter shall be unauthorised.

These Terms shall apply to the the Institute’s WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forums hosted by the the Institute, which shall be deemed to be part of the ‘Platform’ by reference. You acknowledge that certain parts of the Platform, as mentioned above, are provided by third-party service providers, and you agree to abide by their terms and conditions. The the Institute shall not be responsible for any disruption of services caused by such third-party service providers.

We may change these Terms from time to time without prior notice. You should review this page regularly. Your continued use of the Platform after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Site if you are not happy with any changes to these Terms.

The the Institute makes no representations that it’s Platform operates (or is legally permitted to operate) in all geographic areas, or that the Platform, or information, services or products offered through the Platform are appropriate or available for use in other locations. Accessing the Platform from territories where the Platform, or any content or functionality of the Platform or its portions thereof is illegal, is expressly prohibited. If you choose to access the Platform, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

User registration

By accepting the Terms through your use of the Site, you certify that you are 18 years of age or older. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into the Terms and to abide by all of the terms and conditions set forth herein. The Site and the the Institute’s services are not for the use of individuals under the age of 18 years. User registrations are not transferable. 

Submission of project

To apply for an the Institute’s program or lab, you will need to submit an application form on the Platform, which will require information about the project you are submitting. You agree to provide us with accurate, complete and updated information about your project, which is also legally owned by you. You cannot access the form, once you have submitted it. You also agree to accept this Undertaking Statement, if you have submitted your project on the Site. You also agree to pay the application fee at the time of submitting the project.  

In case of any telecom and /or network failure and /or technical failure /breakdown on the Platform and /or technical failure in submitting and /or uploading the submissions, the the Institute reserves the right to its sole discretion to change the platform and /or the mechanism or deadline of the programs and/or to cease from accepting submissions in any manner it may deem fit and necessary. 

The the Institute shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Platform, submission mechanisms for uploading the submissions and/or application forms, or any malfunction on the part of third party applications such as Zoom or any other webinar software. 

However, the the Institute may make a reasonable effort to rectify such errors. Participant(s) shall not in any circumstances make any claims against the the Institute, their employees, directors, and its affiliates arising out of or relating to any and all costs, injuries, losses, or damages of any kind, including, without limitation due to any technical faults in the network and /or connections or directly or indirectly due to, to their participation or non-participation in the program.

Payments and refunds

We only accept applications who have paid the application fee at the time of submitting their application on the Site. 

We only accept participants who have paid the participation fee before attending the lab.    

We do not offer any refunds, once you have made the payment for your application fee or the participation fee. You will not hold us responsible in case there is a technical error during the online payment process. You will promptly notify us at writersink@inktalks.com if there is an error, so that we can help identify the issue.  

All fees are one-time and non-refundable.  

Lab/Program schedule

The the Institute reserves the right to cancel or reschedule any program and its sessions, its live lectures/webinars, or to alter, modify or rearrange the schedule of sessions/classes, as well as the point value or weight of assignments and other such evaluations of progress. 

You also understand that the the Institute, at its sole discretion, may limit, suspend, or terminate your use of the Site or its programs and/or all the the Institute’s services related to the programs, 

You also understand that the the Institute may modify or discontinue all services related to its programs at its sole discretion. You agree that the the Institute shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Nothing in these Terms shall be construed to obligate the the Institute to maintain and support the Site or its programs or any part or portion thereof or any associated services.

You agree that the the Institute shall be under no liability whatsoever to you in the event of non-availability of the Site or any portion thereof occasioned by Act of God, war, disease, revolution, epidemic, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster or any other cause whatsoever beyond the control of the the Institute.

Cancellations

If you no longer wish to participate in any of the the Institute’s program, you may terminate your participation by giving a prior notice to the the Institute by sending an email at writersink@inktalks.com. However, no refunds of application fee or participation fee shall be made. 

Technical requirements

You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Site and its programs, including without limitation, hardware devices, software, and other internet, wireless, broadband, phone and/or other mobile communication device connection services. You shall be exclusively responsible for ensuring that such equipment or ancillary services are compatible with the Site, and you shall be responsible for all charges incurred in connection with the use of the Site and its program in connection with all such equipment and ancillary services.

The the Institute shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, problems pertaining to the Platform, unclear network, disruption in the network, and/or the internet /network costs charged by the telecom/mobile/network operator, etc.

Intellectual property 

“Content” of the Site and the the Institute’s programs means any and all information and data, which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, notes, curriculum, presentations, homework assignments, lecture recordings, webinars, code, interactive features and other materials. All such content available through the the Institute or its Platform, are the intellectual property of the the Institute and is protected by copyright, patent and/or other proprietary intellectual property rights under Indian and foreign laws. All software used on the Site is the property of the the Institute and is protected by Indian and international copyright laws.

The the Institute’s logos, trademarks and service marks that may appear on the Platform are the property of the the Institute and are protected under Indian and foreign laws. 

As a condition of accessing the Platform and/or using the Programs, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any the Institute Content or any portion of it thereof, other than as expressly allowed under these Terms; and (b) use the the Institute’s name, trademarks, service marks, or other materials of any Educational Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose.

Please verify all Content prior to use. In the event you come across any Content that is incorrect, infringing, offensive, indecent or objectionable, please notify us immediately at the address mentioned at the bottom of this page.

The the Institute may audio and video record certain sessions/webinars and store such recordings in its archive. You agree that the the Institute may offer, display, store, and publish the archive in connection with the operation of the program. By using any of the programs, you grant the the Institute, the right to use your name, image and likeness as they appear in the recordings for marketing and other commercial purposes, without further compensation or permission (unless prohibited by law). 

Limited license

The Program content is licensed, not sold. You will be provided some of the recordings of the the Institute’s online webinars for a period of 6 months only for your personal and non-commercial use. You agree not to share such access with any third party. 

You may not download, copy, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of Program any the Institute’s Content. Notwithstanding the foregoing, certain reference documents, digital textbooks and articles may be made available to you with the permission of third parties, and use of that information is subject to certain rules and conditions, and you agree to abide by all such rules and conditions.

Without limiting the generality of the terms above, the following are types of uses that the the Institute expressly defines as falling outside of the definition of “non-commercial and personal use”:

• the sale or rental of (i) any part of the the Institute’s Content, (ii) any derivative works based at least in part on the the Institute’s Content, or (iii) any collective work that includes any part of the the Institute’s Content;
• the sale of access or a link to any part of the the Institute’s Content;
• providing training, support, or editorial services that use or reference the the Institute’s Content in exchange for a fee;
• the use of the Institute’s Content by a college, university, school, or other educational institution for instruction where tuition is charged;
• the use of the Institute’s Content by a for-profit corporation or non-profit entity for internal professional development or training; 
• and the use of the Institute’s Content for display / upload / making available at a place that is accessible to the general public in any manner, including but not limited to any social media Platform, video download Platform, and torrents.

Use of Third Party Materials 

Certain content may include or make available content, data, information, materials from third parties (“Third Party Materials”) or provide links to certain third party webPlatform. By using the Site, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or webPlatform. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or webPlatform, or for any other materials, products, or services of third parties. Third Party Materials and links to other webPlatform are provided solely as a convenience to you.

User Conduct Policy

Whether you have enrolled in a Program or are simply browsing the Site, once you have accessed the Site or Programs, you shall be considered a ‘user’ for the purpose of these Terms. 

You are responsible for all your activities in connection with the use of the Site and Programs. You hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties, and regulations in connection with such use. You shall not resort to any unethical practices while using the Site.

Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other “phishing”, “pharming” or “whaling” message designed or intended to obtain password, account, personal information, financial information, confidential information or private information from any user of the Platform or any other third party whatsoever. However, if any such event does take place, the Institute shall not be liable for any loss of data or if the user’s device, computer system or any other property is compromised in any manner.

You acknowledge and agree that the the Institute has the right to report any and all such suspicious or illegal activity to the appropriate legal or police authorities without notice to you.

During your use of the Site and the Programs, you will:

• not harass other users, students, attendees, support agents or visitors;
• not create an atmosphere of disharmony, hostility within participants of the program

The the Institute is an intermediary with respect to User Content (defined under ‘User Content’) and any other post or comment or other information uploaded, published, transmitted or updated by you in accordance with Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 and the laws of any other jurisdiction where the the Institute would qualify as an intermediary. In furtherance of the same, You should not host, display, upload, modify, publish, transmit, store, update or share any information that:

• belongs to another person and to which the user does not have any right;
• is defamatory, libellous, fraudulent, threatening, obscene, indecent, profane, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, discriminating, harmful, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
• is harmful to child;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• impersonates another person;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
• contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
• content that discusses illegal activities, with the intent to commit them;
• content that you do not have the right to disclose;
• advertising or any form of commercial solicitation;
• content related to partisan political activities;
• content that contains intentionally inaccurate information or that is posted with the intent of misleading others;
• including but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
• content that consists of any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts);
• Content that violates the rights of other users of the Site; or
• content that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

User Content

The Platform may allow you to upload forum posts, chat with other users and the the Institute’s counsellors, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Programs, e.g., scripts, audio-visual content, questions, hypotheticals, examples, assignments, industry projects, etc. (collectively “User Content”). The the Institute does not claim ownership of any User Content you may submit or make available for inclusion on the Platform or Programs. Accordingly, subject to the license granted to the the Institute above, the user will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.

With respect to any User Content you submit via the Platform or Programs or that is otherwise made available to the the Institute, you hereby grant the the Institute an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Platforms or in the Programs or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). The the Institute reserves the right to remove any User Content at any time and for any reason.

To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit the the Institute to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and the the Institute, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.

The the Institute does not control the User Content posted through the Platform, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will the the Institute be liable in any way for any User Content, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your posting or use of any User Content. You are responsible for complying with all the laws applicable to the User Content.

Disclaimer

The Platform and/or Programs may contain typographical errors or inaccuracies and may not be complete or current. the Institute, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.

The Platform, Programs, and any information or the Institute Content are provided on an “as is” and “as available” basis with all faults.

The Institute makes no representations or warranties of any kind, whether expressed or implied, with respect to the Institute’s Content or services available on or through this Platform and Programs, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Institute makes no warranty that the services will meet the user’s requirements or that the services will be uninterrupted, timely, secure, or error free; nor does the Institute make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that any defects in the software will be corrected.

The user understands and agrees that the Institute Content and all other information, data, or other material downloaded or otherwise obtained through or from the Platform or Programs is obtained at the user’s own discretion and risk, and that the user will be solely responsible for any damage to the user, the user’s computer system, electronic device or any loss of data that results from the download of such material or data.

Under no circumstances will the Institute be liable in any way for use of any the Institute Content or any other information, data, or other material downloaded or otherwise obtained through or from the Platform or Programs , including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your use of or reliance on such information or data. No advice or information, whether oral or written, obtained by the user from the Institute or through or from the services, shall create any warranty by the Institute.

In the event you find any information provided on the Platform or Programs incorrect or obscene , or if you are the owner of any information or content and wish that such information or content is not displayed on the Platform or Programs, kindly notify us at the address provided at the bottom of the page.

There might be trademarks, logos and brand names of other companies on the platform (“Third Party IP”). Use of these names, trademarks and brands or Third Party IP does not imply endorsement. These are the property of their respective trademark holders. You may not use any of these Third Party IP, or any variations thereof, without the owner’s prior written consent. You may not use any of these Third Party IP or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgement, gives the appearance or impression of a relationship with or endorsement by the owner. 

Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third Party IP displayed on the Platform without the written permission of the owner of the applicable Third Party IP.

Limitation of Liability

Neither the Institute nor any of its partners, affiliates, employees, directors, officers, agents, vendors or supplier shall be liable to you or any other person, whether in Tort, Contract, Strict Liability or otherwise, for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use this Platform or Programs, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of search results, or computer / electronic device failure, virus or malfunction. 

Site Linking

The Platform may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain Content or offer products and/or services for sale. The Institute does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites; (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites; and (c) you agree to the terms and conditions of the Linked Sites. We may remove any Linked Sites from the Platform at any time with or without reason.

The Institute will not be liable for any transactions conducted by you with third parties through the linked sites or for any liability arising from the representations or information provided on such linked sites.

We appreciate that Linked Sites may contain material on which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have provided links to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.

You may not establish a link to this Platform from any other website, application, intranet or extranet site without our prior written consent. If you wish to create links, you may contact us before doing so. In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Institute, including its Partners, respective employees, agents, directors, officers and affiliates.

The Platform uses YouTube API Services to play YouTube videos. When you visit the Platform and play videos from YouTube, your use of the Platform means that you agree to be bound by YouTube’s Terms of Service, which is available at https://www.youtube.com/terms.

We take no responsibility for the content or practices of any third-party services in the Linked Sites. 

We encourage you to carefully review the terms of services/use of any third-party services or Linked Sites you access.

Indemnity

You agree to indemnify and hold the Institute and its partners and employees harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (a) your use or attempted use of the Platforms or Programs in violation of the Terms; (b) your violation of any law or rights of any third party; or (c) information or Content that you or others post or otherwise make available on the Platform or through any Program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Termination of Rights

You agree that the Institute, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform or enrolment to a Program with or without reason, including, without limitation, if the Institute believes that you have (a) breached the Terms; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorised Content on the Platform; or (d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct. You agree that any deactivation or termination of your access to the Platforms or Programs may be effected without prior notice to you and that the Institute shall not be liable to you nor any third party for any termination of your account or enrolment into a Program. You also acknowledge that the Institute may retain and store your information on the Institute’s systems notwithstanding any termination of your account or enrolment into the Programs.

Miscellaneous Provisions

The Institute may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Program specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any Program-specific terms without the prior written consent of the Institute.

These Terms or any Program-specific terms shared with you shall be governed by, construed and enforced in accordance with the laws in India, as these are applied to agreements entered into and to be performed entirely within India and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by the Institute, you or any third party to enforce these Terms or any Program-specific terms shared with you, or in connection with any matters related to the Platform or Programs, shall be subject only to the jurisdiction of the courts of Mumbai. Where a dispute arises, the parties involved shall make all reasonable efforts to resolve the dispute through good faith negotiations. If efforts to amicably resolve any dispute or claim between the parties are unsuccessful, then such dispute or claim arising out of or in connection with the Terms or any Program-specific terms shared with you, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration and Conciliation Act, 1956, as amended (“Act”) before a sole arbitrator to be appointed by the Institute. The proceedings shall be conducted in English and the seat for arbitration shall be Mumbai.

If any provision of the Terms or any Program-specific terms shared with you is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. the Institute shall have no liability under these Terms or any Program-specific terms shared with you, to the extent arising from any failure of the Institute to perform any of its obligations under these Terms or any Program-specific terms shared with you, due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labour disputes or any other event not within the Institute’s reasonable control. the Institute shall not be responsible for damage or other problems caused by any unauthorised change to these Terms made by way of hacking or cracking this page.

The failure of the Institute to exercise or enforce any right or provision of the Terms or any Program-specific terms shared with you, shall not constitute a waiver of such right or provision. If any provision of the Terms or any Program-specific terms shared with you is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms or any Program-specific terms shared with you, shall remain in full force and effect.

These Terms or any Program-specific terms shared with you constitute the entire agreement between you and the Institute relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Platforms by the Institute or through a specific writing between you and the Institute.

In the event if you feel that your concern has not been resolved to your satisfaction, you may contact us at the contact below, who shall endeavour to redress the concern within 90 working days from the date of escalation. 

Contact

writersink@inktalks.com