Terms And Conditions

The website www.vidyarthimitra.org is developed, owned and operated by Sankshemam Seva Pvt. Ltd.. Sankshemam Seva Pvt. Ltd, including its Promoters, Directors, Employees shall here in after be called as “We” or “Us” or “Company"). Use of this website and services provided there in (referred to as "Site") is governed by the terms and conditions contained here in under. Accessing the Site constitutes your unconditional acceptance of these terms and conditions including the disclaimers as included here in.

Disclaimer

This service (here in after always implied to include our products too) is live and available for India only. Some students / Users, in Foreign countries may also visit the website and use our products/services, but please be aware that the Company is governed by only Indian Laws.

The company operates the site on best effort basis. The information contained in the site is based on what is published in various institutes” notifications and websites, electronic media, public domains etc.. As such, the company does not guarantee the accuracy and completeness of such information. The user is advised and expected to verify the same on his/her own, from sources that he/she may deem appropriate. The company shall not be liable for any claims made against it of any nature arising out of or in connection with incorrectness or incompleteness of such information.

By using the Site, including any software, and content contained there in, you agree that use of the site is entirely at your own risk. The site is provided "as is," without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the site. Specifically, Company disclaims any and all warranties, including but not limited to: (1) any warranties concerning the security, availability, accuracy, usefulness, or content of information, products or services and(2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.

Neither the Company nor any of its employees, agents, successors, assigns, affiliates, website co-branding providers or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of service or inability to gain access to or use the service or out of any breach of any warranty.

The Company reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this service or any part thereof including charges, at its sole discretion at any time as may be required in view of business exigencies and/or regulatory or statutory changes. Company also does not warrant that the site will perform in an uninterrupted manner or that the material available for access or downloading will be error-free or any of them will be free of viruses or other harmful components which may creep in as a result of external effects/acts/parties. In no event shall the company and/or its suppliers/partners be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of profit, loss of use, loss or inaccuracy or corruption of data, or any other tangible or intangible perceived/notional loss whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this site or any such material provided through this site.

Company will update the terms and conditions of use of site from time to time. You agree that such updates are acceptable to you, and your continued use of our site after such updates have been posted constitutes your unqualified acceptance of such updates and changes. We therefore recommend that you refer to these terms from time to time to check when they were last updated.

Use of information provided in this Site is strictly for individual / personal use. In no event shall the information / subscription be used by a group of persons or by any academic or non-academic institution/s in contravention thereof. In the event of any contravention thereof, Company reserves right to immediately and without notice cancel the subscription of any one violating its aforesaid policy and take legal actions against it as it deems appropriate. And such legal matters shall be governed in accordance with Laws of India and to the exclusive jurisdiction of courts of Mumbai.

At any stage if you are dissatisfied with any products, services, software and related material purchased or any portion of the Company web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue the use of the Company web site.

Subscribing or using various paid/free services of the Company either directly or indirectly doesn't in any manner guarantee the user success in any exam or in any admissions.

The Company and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the, The Company sites/services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. The Company and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workman like effort, title and non-infringement. The Company shall not be responsible or liable for any consequential damages arising there to.

Copyright and intellectual property rights

The material featured on this site is subject to Copyright and / or third party copyright unless otherwise indicated.

The Company is the owner and/or authorized user of names, images and logos identifying the Company and any trademark, registered trademark and/or service mark appearing at this Web Site, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of India, other countries, as well as applicable state laws and may be subject to penalties. The Company does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.

The permission to reproduce Copyright protected material does not extend to any material on this site that is identified as being the copyright of a third party. Authorization to reproduce such material must be obtained from the copyright holders concerned.

Where indicated within the site, the use of certain material is subject to the specific and prior written approval of The Company.

The Company reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice. The content presented at this Site may vary depending upon your browser limitations.

The Company has no obligation to monitor the Web Site. However, you acknowledge and agree that The Company has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. The Company will not intentionally monitor or disclose any private electronic-mail message unless required by law. The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions ("your Communications") will be treated as non-confidential and non-proprietary. In addition, The Company is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.

Indemnification

You agree to indemnify, defend and hold harmless Company and its subsidiaries, affiliates, officers and employees from any loss, liability, claim, demand, damage or expenses (including reasonable lawyer's fees) asserted by any third party due to or arising from or in connection with your use of our Site.

Subscription validity

The subscription shall be valid for a period of 1 year from the date of signup. Upon completion of this 1 year period, it shall automatically terminate without any notification by the company.

Email & SMS service

Email, SMS and mobile services are not assured-delivery services, dependent on networks owned and operated by third parties and hence are beyond the control of Company. These services, therefore, are governed by policies, terms and service levels as applied by such third parties. The subscriber availing this service shall be deemed to have consented to be bound by all the applicable terms and conditions of this service. Decision of the Company regarding all transactions under this service shall be final and binding and no correspondence shall be entertained in this regard.

Your mobile phone number will be used for sending you the messages through the telecom service provider's server for SMS service.

This service is subject to guidelines/directions issued by Telecom Regulatory Authority of India or any other statutory authority as applicable from time to time.

The SMS or its contents once sent for availing the SMS services shall be treated as final and the same cannot be withdrawn, changed or retrieved subsequently under any circumstances.

WAP services enable you to access our services and to submit and/or receive content through your wireless device. Your access to our WAP services may be dependent on the wireless device you use to access the applicable WAP services.

Subscription provides you with access to certain content for a selected period of time, which will be as indicated and chosen by you prior to purchase. The frequency with which you will receive the relevant content will be notified to you at the time you subscribe for the service.

You will not post or transmit any content that is abusive, obscene, racial, sexually oriented or against national interest. The Company reserves the right to suspend your account if any prohibitive or objectionable content is found and may further initiate appropriate legal proceedings against you.

The Company reserves the right to modify/delete the account contents at its own discretion without prior notice if the contents of profile are deemed unfit for broadcast.

The users specifically note and agree that the content and service or part thereof may be varied, added, withdrawn, withheld or suspended by The Company at its sole discretion without prior notice to the users.

The Company shall not be liable for any costs, loss or damage (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of the user using the Service.

No reversal of deducted charges shall be allowed under any circumstances.

The users shall remain solely responsible for all content, information, data originated from the users and transmitted via the service (content), and the users shall accordingly indemnify The Company against all third party claims relating to the users content or due to the users act, negligence or omission.

Message delivery is conditional to Mobile operator's technical infrastructure and its network uptime.

By using various SMS based services from the Company you agree to receive phone calls, messages etc. from the Company and/or its associates tailored to provide with better education related opportunities.

The user allows the Company to get in touch with him/her from time to time on events or offers regarding careers, admissions, jobs and ancillary services on mobile. This can include exciting offers, information, as well as promotions.

Refund Policy

While the user can discontinue his/her subscription at any time, no refund of the subscription charges already paid shall be made under any circumstances.

Visitors' Covenants

The visitor agrees to use the Site only for lawful purposes, and only in a manner that does not infringe the rights or restricts or inhibits the use and enjoyment of the Site by any other party. Such restriction or inhibition includes, without limitation, conduct that may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Site.

The visitor grants to Company the right to use the visitor's name in connection with the material and other information submitted as well as in connection with any advertising, marketing and promotional material related thereto. The visitor agrees that the visitor shall have no recourse against Company on grounds of any alleged infringement or misappropriation of any proprietary right in such information and communication.

The visitor is obliged to comply with the local laws of the land. Access to the website from locations where the content is illegal is prohibited. Any visitor accessing the Site from such locations shall be doing so their own initiative and risk and cost and shall be responsible for compliance with all the consequences thereof, the Company being in no way responsible or accountable for any outcomes of the same.

Where you use passwords, ID numbers, or other special access features on this site, you also have a responsibility to take reasonable steps to safeguard them.

Termination :

Should the user violate any statutory or contractual obligations or restrictions, Company shall be fully entitled to immediately terminate rendering services to him with forfeiture of any/all subscription charges paid. The company shall also be at liberty to initiate legal proceedings against such user.

Where you use passwords, ID numbers, or other special access features on this site, you also have a responsibility to take reasonable steps to safeguard them.

Limited Liability

Under no circumstances will the Company or any of its affiliates or assigns be liable to you, or any other person or entity acting on behalf of you, for any loss of use, revenue or profit, lost or damaged data, or other commercial or economic loss or for any direct, indirect, incidental, special, statutory, punitive, exemplary or consequential damages whatsoever related to your use or reliance upon software or services on this website, even if advised of the possibility of such damages or if such damages are foreseeable.

Notwithstanding anything contained, (i) the aggregate maximum liability of the Company towards you at any time in connection with the obligations undertaken, regardless of the form or nature of action giving rise to such liability (whether in contract, tort or otherwise), shall under no circumstances exceed the payment received for the engagement giving rise to the claim; and

(ii) the Company shall not be liable for any indirect, exemplary, special, punitive, consequential or incidental losses, damages, claims, liabilities, charges, costs, expenses or injuries (including, without limitation, loss of use data, revenue, profits, business and for any claims of customers or other third party claiming through its customers) that may arise out of or be caused in connection with or result from this Agreement or any other obligations undertaken under the terms of this Agreement.

General Provisions

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. This agreement may only be modified by a writing signed by an authorized officer of the Company. This is the entire agreement between the Company and you relating to the use of the Software and the services provided through this website and it supersedes any prior representations, discussions, undertakings, communications or advertisements relating to the software and the services.

Privacy

Our Privacy Policy is designed to tell you about our practices regarding the collection, use and disclosure of information that you may provide via the website. Whenever you use this Site, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy.

Ways that we collect information

• Some areas of the site require you to actively submit information in order for you to benefit from specific features.
• Some of this information may be personal (information that can be uniquely identified with you, such as your full name, email, mobile number, address, etc.).
• Information is also gathered without you actively providing it, through the use of various technologies and methods such as Internet Protocol (IP) addresses and cookies. These methods do not collect or store personal information.
• We may use your IP address to diagnose problems with our server, report aggregate information, and determine the fastest route for your computer to use in connecting to our site, and to administer and improve the site.

Cookies

On our website, we may use cookies to track users' progress through the site, allowing us to make improvements based on usage data. The information in a cookie does not contain any personally identifiable information you submit to our site.

Once you close your browser, our access to the cookie terminates. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose not to accept the cookie, this will not affect your access to the majority of information available on our website. However, you will not be able to make full use of our online services.

Monitoring of e-mail

We may monitor e-mail communications with the Company. This includes any Company employee staff). Any such monitoring will take place in accordance with the law.

Web Statistics

We may monitor e-mail communications with the Company. This includes any Company employee staff). Any such monitoring will take place in accordance with the law.

Upon using the Site, you are expressly allowing the Company to send information/promotion messages on the email addresses and/or mobile numbers provided by you and you agree that these shall not make the Company liable to any action under the provisions of Telecom Unsolicited Commercial Communications Regulation of TRAI, as amended from time to time. You agree to have permitted the Company to send information/promotion messages on your these email addresses and/or mobile numbers irrespective of your National Do Not Call (NDNC) registry status.

Governing law and jurisdiction

The access and use of the Site and these terms and conditions shall be governed by and construed in accordance with the laws of India. Any disputes arising here from shall be subject exclusively to the jurisdiction of the courts of law at Delhi, India.

If these terms and conditions are not accepted in full, the access and use of the website must be discontinued immediately.

Links to other websites

The site contains links to other websites that are not owned or controlled by Company. Please be aware that we are not responsible for the privacy policies or usage/access terms and conditions of such other sites. User alone is responsible for compliance thereof.

Information Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

All information gathered on the site is stored and maintained in secure facilities that limit access to authorized personnel only.

Retention of Information

Company will keep personal information of its users for as long as they are registered subscribers or users of our products and services, and for a reasonable time thereafter.

Virus protection

We make all reasonable attempts to check and test material at all stages of production, and to exclude viruses from this website. It is always wise for you to run an up to date anti-virus program on all the material downloaded from the Internet. We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system, which may occur whilst using material derived from the Company website.

Service continuity

The user acknowledges that the fault-free availability of and accessibility to Site may not be possible from all locations for compelling technical reasons and is subject to different environmental influences. In addition, there may from time to time be interferences, limitations or interruptions to the Site on account of atmospheric conditions, geographical circumstances as well as interferences on account of radio waves, interruption of the electricity supply or due to technical changes or other measures (e.g. maintenance and repair work) which are required for the proper or improved provision of the services. The obligation of Company to provide services is subject to the aforementioned limitations as these are beyond the control of Company.

Company shall assume no liability for temporary interruptions or limited availability if these are due to force majeure events, e.g. war, domestic unrest, strike action and lawful lockouts. The same shall apply to unforeseeable circumstances and circumstances beyond the control of Company if these would temporarily make the provision of services by Company unreasonably difficult or impossible such as, e.g., major operational disruptions, energy supply problems, labor disputes or measures taken by the authorities.

Downgrades can lead to the loss of content, functions or services of the account. Company assumes no liability for such data losses.

The user accepts, when making use of the services provided by Company for the transmission of content as well as during the processing, that content will be transmitted unencrypted via the internet.

Trademark(s)

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered trademarks of Company, its affiliates and others. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Company or such third party that may own the Trademark displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided here in, is strictly prohibited.

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Site.

THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT ("YOU," OR "YOUR") TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF VIDYARTHIMITRA, ("OUR", "WE", "COMPANY" OR "VIDYARTHIMITRA") SOFTWARE, MOBILE APPLICATIONS, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR "PRODUCTS"). BY USING ANY OF THE COMPANY PRODUCTS OR CLICKING ON THE "SIGNUP" BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND DO NOT USE THE COMPANY PRODUCTS. COMPANY'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

ADDITIONAL TERMS

Any personal information submitted in connection with Your use of the Products or the Site is subject to Our Privacy Policy, located at www.vidyarthimitra.org/terms which is hereby incorporated by reference into these Terms.

If you are an Instructor (as defined below), you are also subject to the Instructor terms and conditions located awww.vidyarthimitra.org/terms (the "Instructor Terms"), which are hereby incorporated by reference into these Terms. If you are an Instructor and there is a conflict between these Terms and the Instructor Terms, the Instructor Terms will govern.

GENERAL

The Products enable students ("Students") to connect with Institutes / Coaching Service Provider / Private Tuitions (the "Instructors") who provide Classroom or Personal tutoring, and learning services (the "Courses"). Students and Instructors are, collectively, "Users." The Products include, without limitation, facilitating and hosting Courses and supporting materials, and taking feedback from Users.

Company reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Site. Changes become effective thirty (30) days after posting. Your continued use of Products after change become effective shall mean that You accept those changes. You should visit the Site regularly to ensure You are aware of the latest version of the Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the Company that arose prior to the date of such revision.

The Company may modify the Products or discontinue their availability at any time.

You are solely responsible for all service, telephony, Business Lead Validation and/or other fees and costs associated with Your access to and use of the Products, as Well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

If You elect to access or use Products that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize the Company to charge Your credit card on a regular basis to pay the fees as they are due.

If Your payment method fails or Your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block Your access to any Products pending resolution of any amounts due by You to Company.

All of Your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person's Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.

GENERAL DISCLAIMER

The Site is only a marketplace for Instructors and Students. We do not hire or employ Instructors nor are We responsible or liable for any interactions involved between the Instructors and their respective clients. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors or Students, including, but not limited to, any Student's reliance upon any information provided by an Instructor.

We do not control Submitted Content (as defined below) posted on the Site and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Products may expose You to Submitted Content that You consider offensive, indecent, or objectionable. The Company has no responsibility to keep such content from You and no liability for Your access or use of any Submitted Content, to the extent permissible under applicable law.

The Site and Products may give You access to links to third-party Websites ("Third Party Sites"), either directly or through Courses or Instructors. The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.

CONDUCT

You may only access the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Products. You agree not to use the Products or the Company Content (as defined below) to recruit, solicit, or contact in any form Instructors or potential users for employment or contracting for a business not affiliated with us without Our advance written permission, which may be withheld in Our sole discretion. You assume any and all risks from any meetings or contact between You and any Instructors or other Users of the Products.

SPECIFIC OBLIGATIONS OF INSTRUCTORS

If You are instructing Students in connection with a Course You are an "Instructor" and the following additional terms and conditions apply, and You represent, warrant and covenant that:

• You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course;
• You are over the age of 18, or, if not, You will only use the Products with the involvement, supervision, and approval or a parent or legal guardian. Children under the age of 13 may not register for an account or register or purchase Courses.
• You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Products;
• You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content;
• You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Company Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable;
• You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
• You will not solicit personal information from any Instructor or other User.

SPECIFIC OBLIGATIONS OF STUDENTS/CUSTOMER USING THE SITE

If You are a User in search of or participating in a Course, You are a Student and the following additional terms and conditions apply, and You represent, warrant and covenant that:

• You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course;
• You are over the age of 18, or, if not, You will only use the Products with the involvement, supervision, and approval or a parent or legal guardian. Children under the age of 13 may not register for an account or register or purchase Courses.
• You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Products;
• You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content;
• You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Company Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable;
• You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
• You will not solicit personal information from any Instructor or other User.

REGISTRATION

To use certain Products, You will need to register and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.

CONTENT, LICENSES & PERMISSIONS

All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where the Company provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is "Company Content." Content uploaded, transmitted or posted to the Site or through the Products by a User is "Submitted Content." Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, Indian Panel laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.

You hereby grant the Company a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Products, and sublicense it to Instructors and Users for these purposes directly or through third parties. Notwithstanding the foregoing, You have the right to remove all or any portion of Your Submitted Content from the Site at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.

The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Site and the Products, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Products. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. Instructors may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.

THE COMPANY RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, THE COMPANY DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to the Company in accordance with the procedures that We maintain at www.vidyarthimitra.org/pages/terms_and_conditions/

All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.

KEY DEFINITIONS

• Base Price means the course price set by the Instructor.
• Base Currency means the currency of the Base Price.
• Base Exchange Rate means a system-wide rate used by the Company for foreign currency conversion and does not include any fee or mark-up by the Company. The rate is established using one or more third parties such as Open Exchange Rates and is fixed periodically (e.g. monthly) to prevent daily price fluctuations. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
• Sale Price means the actual sale price for the Course. When the Sale Currency is different from the Base Currency, the Company will determine the Sale Price based on the applicable Base Exchange Rate and Cost Adjustment Factor.
• Sale Currency means the currency of the sale. This is determined by the country of origin of the User purchasing the Course.
• Cost Adjustment Factor means applicable local taxes and other fees associated with currency conversions. In regions that use a common currency, e.g., the EU, the Cost Adjustment Factor uses a weighted average of country specific tax rates to ensure the same prices to end customers across the region.

PRICING

Except when a Course is made available through the VIDYARTHIMITRA Marketing Programs, or a Course is offered on Company's mobile applications, an Instructor will be solely responsible for determining the Base Price to be charged for such Course, in accordance with the Instructor Terms. In the case of Courses offered on Company's applications, Company will select the Apple App Store price tier (App Store Pricing Matrix available here) that is closest to the fee set by the Instructor. When the Sale Currency is different than the Base Currency, the Company will determine the Sale Price according to the most recent Base Exchange Rate and applicable Cost Adjustment Factor.

If You are a Student, You agree to pay the fees for Courses that You take, and hereby authorize Us to charge Your credit card for these amounts. We will charge Your credit card monthly for all amounts owed. If Your credit card is declined, You agree to pay Us the fees within thirty (30) days ofnotification from Us, and pay (at Our discretion) a late payment charge at 1.5% per month, or the maximum permitted by law, whichever is greater.

TAXES

All other countries:

REFUNDS

VIDYARTHIMITRA offers Students a thirty (30)-day, no-questions-asked money back guarantee on Courses that are not purchased through VIDYARTHIMITRA's iOS or Android applications. If you, as a Student, are unhappy with such a Course and request a refund within thirty (30) days of the date that you paid for access to that Course, we will provide you with a full refund of the amount you paid. To request a refund, please contact us via support@vidyarthimitra.org. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you. In addition, please note that notwithstanding anything to the contrary in these Terms, VIDYARTHIMITRA does not provide refunds for Courses purchased through our iOS or Android applications. All sales of Courses through VIDYARTHIMITRA's iOS or Android applications are final.

You, as an Instructor, acknowledge and agree that Students have the right to receive a refund as set forth in this section. Neither Instructors nor Company shall receive any payments, fees or commissions for any transactions for which a refund has been granted. In the event that a Student requests a refund for a Course after VIDYARTHIMITRA has sent an Instructor payment for that Course, VIDYARTHIMITRA reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to that Instructor, or (2) require that Instructor to refund any amounts refunded to Students for Instructor's Course to the extent no additional payments are due from VIDYARTHIMITRA to Instructor or such payments due Instructor are insufficient to cover the amounts refunded to Students.

TERMINATION

We may terminate Your use of the Products or Site immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Content at any time (which will terminate Your right to offer these Courses if You are an Instructor). You may terminate Your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at support@vidyarthimitra.org(but if You are an Instructor then Students enrolled in Your Courses prior to termination shall continue to have access to them for the duration of the Course). We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products and Content. Any accrued rights to payment and Sections 4, 5, 10-15 and all representations and warranties shall survive termination.

By using the Products or communicating with Company, You agree that Company may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Products or these Terms. If Company learns of a security system's breach, Company may attempt to notify You electronically by posting a notice on the Products or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to Company at support@vidyarthimitra.org

Domestic Use.

VIDYARTHIMITRA.ORG makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. VIDYARTHIMITRA.ORGmay assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

MISCELLANEOUS

Entire Agreement.

These Terms and any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Severability

If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.

Waiver

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Notice

Any notice or other communication to be given hereunder will be in writing and given by facsimile, post-paid registered or certified mail return receipt requested, or electronic mail.

No Agency

Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for here in or authorized in writing by the party to be bound.

General

This Terms of Service Agreement (the "Agreement") governs your use of this website, www.vidyarthimitra.org (the "Website"), VIDYARTHIMITRA.ORG("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. VIDYARTHIMITRA.ORG reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. VIDYARTHIMITRA.ORG will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. VIDYARTHIMITRA.ORG encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with VIDYARTHIMITRA.ORG for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

PRODUCTS

Terms of Offer

This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation:

Unless you notify our third party call center reps or direct VIDYARTHIMITRA.ORG sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations VIDYARTHIMITRA.ORG and its designated in house or third party call team(s).  

Opt Out Procedure:

We provide 2 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: contact@vidyarthimitra.org.

Proprietary Rights:

VIDYARTHIMITRA.ORG has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by VIDYARTHIMITRA.ORG. VIDYARTHIMITRA.ORG also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

GST

If you purchase any Products, you will be responsible for paying any applicable GST or other statutory taxes.

WEBSITE

Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. VIDYARTHIMITRA.ORG does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that VIDYARTHIMITRA.ORG does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. VIDYARTHIMITRA.ORG does not endorse the contents on any such third-party websites. VIDYARTHIMITRA.ORG is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. 

Use of Website

VIDYARTHIMITRA.ORG is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website

License

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from VIDYARTHIMITRA.ORG or the applicable third party (if third party content is at issue).

Posting.

By posting, storing, or transmitting any content on the Website, you hereby grant VIDYARTHIMITRA.ORG a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or here in after created, anywhere in the world. VIDYARTHIMITRA.ORG does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. VIDYARTHIMITRA.ORG is not liable for any damage or harm resulting from any posts by or interactions between users. VIDYARTHIMITRA.ORG reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content VIDYARTHIMITRA.ORG deems objectionable, at VIDYARTHIMITRA.ORG 's sole discretion. 

DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIDYARTHIMITRA.ORGEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VIDYARTHIMITRA.ORG MAKES NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. 

REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

VIDYARTHIMITRA.ORGENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.

VIDYARTHIMITRA.ORG WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless VIDYARTHIMITRA.ORG, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to VIDYARTHIMITRA.ORG. When VIDYARTHIMITRA.ORGis threatened with suit or sued by a third party, VIDYARTHIMITRA.ORGmay seek written assurances from you concerning your promise to indemnify VIDYARTHIMITRA.ORG; your failure to provide such assurances may be considered by VIDYARTHIMITRA.ORG to be a material breach of this Agreement. VIDYARTHIMITRA.ORGwill have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of VIDYARTHIMITRA.ORG choice at its expense. VIDYARTHIMITRA.ORG will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend VIDYARTHIMITRA.ORG against any claim, but you must receive VIDYARTHIMITRA.ORG prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

PRIVACY

VIDYARTHIMITRA.ORG believes h5ly in protecting user privacy and providing you with notice of VIDYARTHIMITRA.ORG’s use of data. Please refer to VIDYARTHIMITRA.ORG privacy policy, incorporated by reference here in, that is posted on the Website. 

GENERAL

Force Majeure

Cessation of Operation

VIDYARTHIMITRA.ORG may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement

This Agreement comprises the entire agreement between you and VIDYARTHIMITRA.ORG and supersedes any prior agreements pertaining to the subject matter contained here in.

Effect of Waiver

The failure of VIDYARTHIMITRA.ORG to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law

Jurisdiction. This Website originates from the [Mumbai, Maharashtra]. This Agreement will be governed by the laws of the State of Maharashtra without regard to its conflict of law principles to the contrary. Neither you nor VIDYARTHIMITRA.ORGwill commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination:

VIDYARTHIMITRA.ORG reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and VIDYARTHIMITRA.ORG may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, VIDYARTHIMITRA.ORG reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until VIDYARTHIMITRA.ORG chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use

VIDYARTHIMITRA.ORG makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. VIDYARTHIMITRA.ORG may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you…

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS.