Terms and Conditions
Last Updated on 10th Feb 2025
Introduction
This website under the name and style “ GrowthSchool” and available at (www.growthschool.io), is owned, operated, and made available by Sisinty Private Limited, with its registered office situated at C/O Sisinty Hari Prasad, Prem Nagar, 7th Line, Last House, Berhampur, Odisha, 760001 and includes any of our affiliates, associates, assignees or successors-in-interest as determined by us at our sole discretion and without requiring any prior notice or intimation (“Company”, “we” or “us” or “our”) to the person accessing, viewing or using the Website (“You” or “Your” or “User”).
Please read these terms and conditions (“Terms and Conditions”), along with the Company’s privacy policy available at Privacy Policy and all other rules and policies made available or published on the Website as they shall govern Your use of the Website and the Services (defined below) provided thereunder.
Please note that You must be at least 18 (eighteen) years old to access, register on the Website and avail the Services. In case You represent an entity or an Institution (defined below), You hereby confirm that You have been duly authorized by such entity or Institution and further confirm that You are 18 (eighteen) years old or above and that You have the authority and all necessary approvals to enter into these Terms and Conditions and the Privacy Policy. If You are a Child, You are not permitted to access or register on this Website unless such access and registration is completed by a parent or legal guardian or the Instructor (defined below) as applicable. We may, in our sole discretion, refuse to offer the Service (defined below) to any person or entity and change the eligibility criteria at any time. Anyone below 18 (eighteen) years of age is assumed to be a child (“Child”) and requires parental consent to use the Website. The parents/legal guardian of the Child or users above 18 (eighteen) years of age are hereinafter referred to as “You” or “Your”.
The Website’s privacy practices regarding the collection, use and safeguard of Your information including any personal and sensitive personal information shall be governed by the Company’s Privacy Policy.
By using or visiting the Website, You confirm Your agreement to these Terms and Conditions and the Privacy Policy.
These Terms and Conditions are an electronic record as per the Information Technology Act, 2000 (as amended / re-enacted) and rules thereunder and is published in accordance with the provisions of Rule 3 (1)(b) of the of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, which mandates for publishing of rules and regulations, privacy policy and terms and conditions for access or usage of any application or website. This electronic record is generated by a computer system.
Acceptance of Terms
By downloading and/or by registering or signing up for the Services, or otherwise having access to, receiving, and/or using the Website, You represent and warrant to the Company that You have the right, authority and capacity to use the Website. You acknowledge to have read, understood and consented to be governed and bound by these Terms and Conditions and the Privacy Policy. If You do not accept or agree to any part of these Terms and Conditions or the Privacy Policy, please refrain from using the Website or the Services. Please note that You must be at least 18 (eighteen) years old to accept these Terms and Conditions. If You are a Child, Your acceptance will not be approved unless such acceptance is completed by a parent or legal guardian or an Instructor (as applicable).
Overview of the Services
We as an intermediary make available certain features and tools that enable the Instructors to interact, work with and mentor the Students (defined below) through various digital learning solutions such as video conferencing in order to provide such Students with tutorial, educational and other education-related services (“Services”). The Website is a platform through which You can obtain information about us and our Services. You may use the Website to subscribe to the Services in accordance with the Terms and Conditions and the Privacy Policy.
The Website allows teachers, mentors and instructors to subscribe to our Services which further enables them to share, access, and provide various educational content including sessions, classes, lectures and webinars (“Instructors”) to various students across the globe who have subscribed to our Services to receive such educational content (“Students”).
As part of the Services, we also enable users of the Website to access various Company Materials (defined below) as may be provided by us on the Website from time to time. These Terms and Conditions apply to all Your and/or Your Child’s activities on the Website, our mobile application, other related services and platform as communicated to You by us from time to time.
Please note that we only act as an intermediary between the Instructors and the Students for the provision of Services. Any services provided by the Instructors shall be provided on an “as is” basis and we shall not be made responsible and/or liable for any performance and obligation of the Instructors including any warranty for the services being provided by such Instructors.
Additionally, as part of the Services, there are currently educational courses on various subjects offered by us, and depending upon the course module selected by You, we grant You access to the course module’s material, content, curriculum, documents and other information and data (“Company Material”) which may be in the form of video, audio, written, graphic, recorded, photographic, or any other format as may be prescribed and provided by us. Upon availing of the Services, we grant You a limited, non-transferable, non-exclusive and revocable license to access, view and use the Website, the Services and the Company Material for non-commercial purposes only. Any rights not expressly granted to You herein are reserved by the Company. You shall abide by and maintain all copyright notices, information, and restrictions contained in any such Company Material. It is hereby clarified that such Company Material is provided by third parties and that the Company does not monitor, curate, edit or has any control over such Company Material. All Company Material is made available on an “as is” and “as available” basis and without any representations or warranties whatsoever, and the Company hereby disclaims any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, and non-infringement.
It is further clarified that access to the Services under this Clause is for a limited period of time as communicated by us on the Website from time to time and any payment of Fees (defined below) under Clause 7 does not entitle You or Your Child to unlimited access to the Services and/or the Company Materials.
Access
Subject to these Terms and Conditions and the Privacy Policy, we offer to provide the Services, which are selected by You, solely for Your benefit, and not for the use or benefit of any third party.
If there is any particular content You wish to procure from the Website pertaining to any Service, You may be required to send us an email from Your registered email-id, requesting us for access to such content. You agree and acknowledge that grant of any such request shall be at the sole discretion of the Company.
Registration and Eligibility
In order to use and avail the Services, You are required to register with us by providing personal information relating to You and/or the Child, and covenant that You shall provide us with accurate, correct and complete registration information including but not limited to, (i) Your and/or the Child’s name, (ii) Your e-mail ID, (iii) Your contact details (iv) payment information of the Fees for the Services, if required and (v) any other documents as required under applicable laws and communicated to You on the Website from time to time. You shall follow the registration process as communicated to You on the Website from time to time. You shall ensure that the requisite information provided by You to us for the Services, is absolutely true, up-to-date and correct and nothing material has been concealed, and that You agree to maintain the accuracy of such information. We will not be liable for any incident occurring due to incorrect or insufficient information provided by You.
You acknowledge that Your user ID and password for the Website (“Login Details”) is for Your exclusive use only. You are solely responsible and liable for any activity that occurs on Your account and You shall not use or share Your Login Details with another user or person. It is hereby clarified that any contravention of this Clause is cause for immediate suspension of Your access to the Website, the Services and the content including Company Materials provided by us. You agree to immediately notify and update us in the event there is any change in Your Login Details and further covenant to keep us updated at all times.
You are solely responsible for maintaining the confidentiality of Your Login Details and for all activities that occur under it. You agree to immediately notify us if You become aware of or have reason to believe that there is any unauthorized use of Your Login Details. You also agree to take all necessary steps to stop such unauthorized use and to cooperate with us in any investigation of such unauthorized use. We shall not under any circumstances be held liable for any claims related to the use or misuse of Your Login Details due to the activities of any third party outside of our control or due to Your failure to maintain the confidentiality and security of Your Login Details.
Registration as a user is only a one-time process and if You have been previously registered, You shall login / sign into Your account using the existing Login Details
Notwithstanding anything contained herein, You shall not:
provide any false personal information to us (including a false/fraudulent Login Details) or create any account for anyone other than Yourself without such person's explicit permission;
use the Login Details that is the name of another person with the intent to impersonate that person;
use the Login Details that is subject to any rights of a person other than You without appropriate authorization; or
use/generate the Login Details that may be, in our sole opinion, offensive, vulgar, obscene or otherwise unlawful.
The subscription of the Services is not transferable, i.e., only the person or entity on whose name the subscription is made will be eligible to avail the Services.
Instructors
As an Instructor, You are responsible for all content that You post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, labs, assessments, and announcements (“Instructor Content”). Notwithstanding the above, the Company does not monitor or edit the Instructor Content provided by the Instructors. The Company may decline to accept and/or remove any Instructor Content that contain any information inconsistent with the Terms and Conditions and the Privacy Policy. Any Instructor Content uploaded /added by the Instructors shall be subject to applicable laws and these Terms and Conditions and the Privacy Policy and may be disabled, or may be subject to investigation under applicable laws. The Instructor shall abide by and maintain all copyright notices, information, and restrictions contained in any such Instructor Content accessed by the Students. You agree and acknowledge that we shall assume no liability for the quality and standard of such Instructor Content and shall not represent and warrant that such Instructor Content shall not be infringing any third-party intellectual property and/or applicable laws.
All Instructor Content, whether publicly posted or privately transmitted, shall be the sole responsibility of the Instructor who originated such Instructor Content. We cannot guarantee the authenticity of any such Instructor Content. You acknowledge and agree that (i) all Instructor Content accessed by You, while utilizing or using the Services shall be at Your own risk and You will be solely responsible and liable for any damage or loss that may occur as may be attributable to You or any other party resulting therefrom; and (ii) we shall have no liability towards You or any such party for any damage or loss resulting from such Instructor Content. Instructors shall be responsible and liable for displaying of authentic Instructor Content while using the Services and we shall have no liability in this regard.
Payment
The Services are made available to You on a subscription basis. The fees for subscription to the Services availed by You and/or Your Child shall be calculated as per the terms set out below, payable during the subscription of the Services (“Fees”):
For Students: Students are required to pay a fixed subscription Fee for the Services, rates of which shall be intimated to the Students on the Website from time to time. Additionally, purchases of any Company Material or availing of self-evaluation tests shall be subject to additional charges as communicated by us on the Website from time to time.
For Instructors: Access to the Services shall be subject to a subscription Fee which shall be paid on a per-Student basis. Additional charges shall be applicable for any additional Services on the Website including but not limited to access to the Company Materials and/or conducting any online examination on the Website.
Please note that the Fees for the relevant Services under this Clause shall be communicated by us on the Website from to time and shall be valid until the completion of the period of your selected Service or until cancelled or terminated in accordance with these Terms and Conditions and Privacy Policy.
At present, we charge for the Services in INR (Indian Rupees) and in USD (United States Dollars). You explicitly agree to pay the Fees for the Services that You or Your Child avail and the Company Materials that You or Your Child access on the Website. All payment of Fees shall be through the payment mechanism put in place by the Company on the Website and You shall be responsible for paying all Fees and applicable taxes in a timely manner as per the mechanism associated with the Service availed by You or Your Child. The payment terms under this Clause are subject to a periodic review and revisions at our sole discretion. We may modify and revise the payment terms under this Clause and such modifications and revisions may be intimated to You as and when required. Please note that Your network operator may also separately charge You for data and other usage.
All payment of Fees made towards obtaining the subscription for the Services shall be made directly to us via the channels provided to You and shall not be made to the Instructors directly at any point of time. We shall not be liable for any amount advanced or paid by You in contravention to this. It is hereby clarified that we shall assume no control over any relationship, financial or otherwise between the Instructors and the Students outside the purview of the Services, Website, the Terms and Conditions and/or the Privacy Policy. We reserve the right to delete or suspend Your or Your Child’s access to Services for incomplete payment of Fees and any applicable charges.
While making payments though the payment gateways set up by us, You hereby agree to be governed and bound by the terms and conditions of the third-party payment gateway service providers, including any convenience fee levied by such service provider.
While availing any of the payment methods made available through the Services, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
lack of authorization for any transaction/s; or
exceeding of the pre-set limit mutually agreed between You and the financial services providers You deal with; or
any payment issues arising out of the transaction.
Refunds and Cancellations
You may be eligible for refunds for any payment of Fees made for Services in accordance with the refund policy available on the Refund Policy Website.
Conditions To Use
We will make reasonable efforts to ensure that You are able to use the Services without undue disruption, interruption or delay. You agree and acknowledge that we are merely acting as an intermediary and our role is limited to providing an online platform to facilitate the Services.
Once You create an account on the Website, You may receive updates, promotional materials and other information we may send, including through email and WhatsApp, with regards to the Services, or new services we may offer. You may opt out of receiving any, or all, of these commercial communications from us by raising a support request as provided for on the Website or following the instructions provided in any email and/or text we send. However, You will continue to receive important updates with respect to Your account on the Website
When You avail the Services, You agree that You are involved in the transmission of sensitive and personal information, especially information related to Your Child. You agree and consent to us collecting, using, storing and processing the above stated information, in accordance with our Privacy Policy read along with these Terms and Conditions.
Intellectual Property
All trademarks, information, content, marks, texts, video, software and material (including the Company Material) on the Website and Services are the intellectual property of the Company. You covenant not to reproduce whether in whole or partly of the aforementioned intellectual property of the Company, except with the prior written consent of the Company. You undertake to use the Services and the Company’s intellectual property only for the purposes specified in these Terms and Conditions.
We may make available on the Services, certain Company Materials that are owned by us or our third-party licensors. We grant You and/or Your Child a non-exclusive, non-transferable right to access and use the Company Materials as made available on the Website by us solely for Your personal and non-commercial purposes. Unless expressly indicated on the Services that a particular item of the Company Material is made available to You under alternate license terms, You or Your Child may not download, distribute, sell, lease, modify, or otherwise provide access to the Company Material to any third party.
Rules and Conduct
As a condition of use, You covenant not to use the Services and the Company Materials for any purpose that is prohibited by these Terms and Conditions, the Privacy Policy and by the applicable laws in force. You are responsible for all of Your activity in connection with the Services and the Company Materials.
By way of examples, and not as a limitation, You shall not take any action that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty or obligations of confidentiality, copies, rents, leases, distributes, or otherwise transfers any of the rights that You receive hereunder, modifies, adapts, appropriates, reproduces, distributes, translates, creates derivative works or adaptations of, publicly displays, republishes, repurposes, sells, trades, or in any way exploits the Service or the Company Material, except as expressly authorized by us, deciphers, decompiles, disassembles, reverse engineers or otherwise attempts to derive any hardware, or source code or underlying ideas or algorithms of any part of the Service or the Company Materials (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibiting such restriction, deletes or modifies any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
- You know is false, misleading, untruthful or inaccurate, is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as solely determined by us in our sole discretion, malicious including but not limited to making false or malicious statements against the Services or us;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; involves sharing any link or data that contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any of our system, data, password or other information or any third party;
- will impersonate any person or entity, including any of our employee or representative, violates anyone's identification documents or sensitive financial information, uses the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or is fraudulent or malicious, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into any Services or any operating system;
- interferes or attempts to interfere with the proper working of the Service or any activities conducted on the Website, bypasses any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or
- breaches the Terms and Conditions and the Privacy Policy and/or any of the other policies and rules incorporated herein, or is in violation of our Company guidelines and policies.
- We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions and the Privacy Policy, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety of our users/ subscribers and the public.
Nothing contained herein shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
Without prejudice to the foregoing, none of the directors, officers, employees, and agents of Growth School shall be personally liable for any action in connection with the Website or Services.
User Content
Subject to the conditions of the Terms and Conditions and the Privacy Policy, we provide You access to submit, post, publish, or broadcast content on our Website so as to provide feedback on the Services (“User Content”). You agree that we reserve the right to remove any User Content at our sole discretion.
Notwithstanding the above, the Company does not monitor or edit the User Content provided by You. The Company may decline to accept and/or remove any User Content that contains any information inconsistent with the Terms and Conditions and the Privacy Policy. Any User Content uploaded by You shall be subject to applicable laws and these Terms and Conditions and the Privacy Policy and may be disabled, or may be subject to investigation under applicable laws.
Your Child may choose to write and post reviews on the Website. We do not encourage Your Child to post any personal information on the Website and the ill effects of such revelation shall be borne by You. However, You may request the Company via a support request to delete any such information posted by the Child.
You shall not (and/or shall not permit Your Child to) publish or undertake to publish any User Content which may contain any of the following:
Offensive Content: Any User Content that is or has the tendency to be unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity or profane language, or sexual activity and any explicit content with an intent to be sexually gratifying, promotes bigotry, discrimination or violence against any race, religion, caste, belief, ethnicity sexual orientation or behaviour, gender, disability, health condition, criminal record, political bias, creed or country, or is otherwise inappropriate as determined by us in our sole discretion. The User Content should also be compliant with all applicable laws including but not limited to The Information Technology Act, 2000, Indecent Representation of Women and Children Act, 2008 and the Bharatiya Nyaya Sanhita, 2023 which prohibits reproduction of any content pertaining to obscenity and indecent representation of women in India;
Infringes Third Party Intellectual Property Rights: Any User Content that infringes or has the tendency or threatens to infringe any intellectual property rights including but not limited to patent, trademark, trade secret, copyright, design, geographical indication, right of publicity, privacy rights and/or any other rights of any third person or any entity without any license or permission of such party;
Fraudulent Information: Any User Content that You know or have had knowledge of, to be fraudulent, false, misleading, untruthful or inaccurate;
Impersonates a Third Party: Any User Content that impersonates any third person or an entity, including any of our or our affiliate’s employees or representatives or personnel;
Compromises Cyber Safety: Any User Content that contain, including but not limited to, any software viruses or computer codes, files, worms, logic bombs or programs that are designed and/or intended to disrupt, disable, damage, limit or interfere with the proper functioning of our Services or any software, hardware, or telecommunications equipment or to damage or to obtain unauthorized access to any system, data, password or any of our other information;
Third Party Sensitive Personal Information: Any User Content that includes or has the tendency to include any third party sensitive personal information, as defined under the applicable laws, without the prior express consent of such concerned third party; or
Breaches Our Privacy Policy: Any User Content that breaches or has the tendency to breach the terms of our Privacy Policy.
We will not be held responsible or liable for any of the User Content provided by You or Your Child on the Website.
Indemnity
To the extent permitted by law, You agree to indemnify and keep indemnified, defend and hold the Company and its affiliates and its and their respective officers, directors, shareholders, employees, agents and representatives harmless from and against any and all losses and damages, including, but not limited to, any and all fines, penalties, liabilities and obligations (whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, matured or unmatured, determined or determinable, disputed or undisputed, liquidated or unliquidated, or due or to become due), including all reasonable fees, costs and expenses (including, without limitation, reasonable expenses of investigation and mediation and reasonable attorneys’, accountants’ and other professional fees) relating thereto including claims made by a third party arising out of (i) Your use of the Services; (ii) any breach of these Terms and Conditions by You; and (iii) violation of any applicable law by You.
Termination
We may terminate Your access to all or any part of the Service at any time and/or deactivate Your account or limit Your access to the Website (a) if You breach any of the terms contained herein or in the Privacy Policy; (b) If Your use of the Services, in our reasonable opinion may result in a security issue; and (c) for any other reason we deem fit. If You wish to terminate Your account, You may do so by initiating a support request by sending us an email from Your registered email-id or through such other means as provided by us on the Website. Subject to Clause 8 herein, any Fees paid hereunder are non-refundable. All provisions of these Terms and Conditions which by their nature survive termination shall survive termination, including, without limitation, Intellectual Property (Clause 10), Indemnity (Clause 13), and Warranty Disclaimer And Limitation Of Liability (Clause 15).
Warranty Disclaimer and Limitation of Liability
- Save to the extent required by law, we are acting as an intermediary and we have no special relationship with or fiduciary duty to You. You acknowledge that we have no control over, and no duty to take any action regarding: what effects the Services may have on You and/or Your Child or how You and/or Your Child may interpret or benefit from the Services.
- We are not liable for the information and the training provided by the Instructors on the Website and we do not guarantee or warrant to its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accept no responsibility with respect to the information and coaching given by the Instructors on the Website
- We do not undertake any review of the Company Material and the Instructor Content and the Company does always not guarantee the quality of lessons delivered to the Students or the Child. At any instance of live interactive classes, if the Instructor uses any sexual or abusive language or depicts any forced sexual acts, or pornographic images or does any unethical, unlawful or immoral act, then in such cases, please immediately inform us of such event. We may, at our sole discretion, make commercially reasonable efforts to take appropriate actions as per the applicable laws. However, we explicitly disclaim any liability or responsibility in the event of such a circumstance.
- We will not be held responsible for any unethical, illegal acts performed by the Students or the Child on the advice of the Instructors and it shall be Your responsibility to closely monitor the activities of Your Child while accessing the Website.
- You understand and acknowledge that Your subscription or use of the Services does not in any way guarantee the achievement of any specified percentage of marks in any examinations or passing of any examinations.
- We do not undertake any review of the Company Material that are being provided on the Website, and such Company Material is being provided on an “as is” and “as available” basis and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
- You understand and acknowledge that Your subscription or use of the Services does not in any way guarantee the achievement of any specified percentage of marks in any examinations or passing of any examinations.
- In no event shall we be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by You, whether in an action in contract or tort, arising from Your access to, or use of the Website or any content provided on or through the Website. Notwithstanding anything contained in the Terms and Conditions and the Privacy Policy, the Company’s maximum aggregate liability for any claim of direct and proven damages, shall not exceed the actual Fees paid by You to the Company for the Services availed by You in the previous 1 (one) month prior to the claim.
- Nothing in these Terms and Conditions shall be deemed to exclude or limit Your liability in respect of any indemnity given by You under the Terms and Conditions. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
- We do not warrant that the operation of the Service will be uninterrupted or error-free. We will not be liable in any way for failure to perform any obligation under these Terms and Conditions, if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control including but not limited to internet outages, communications outages, fire, flood, war, epidemics, pandemics or acts of God.
- Instructors shall ensure compliance with all applicable laws while providing educational services on the Website, including having in full force and effect all licenses, permits and authorizations as it/they may be required to obtain from time to time for providing educational services and shall ensure that such licenses, permissions, authorizations, permits and consents are valid while accessing and utilizing our Services on the Website. It is hereby clarified that we shall not be liable for any non-compliance by the Instructors under this Clause.
- In no event shall we be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by You, whether in an action in contract or tort, arising from Your access to, or use of the Website or any content provided on or through the Website. Notwithstanding anything contained in the Terms and Conditions and the Privacy Policy, the Company’s maximum aggregate liability for any claim of direct and proven damages, shall not exceed the actual Fees paid by You to the Company for the Services availed by You in the previous 1 (one) month prior to the claim.
- Nothing in these Terms and Conditions shall be deemed to exclude or limit Your liability in respect of any indemnity given by You under the Terms and Conditions. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
- We do not warrant that the operation of the Service will be uninterrupted or error-free. We will not be liable in any way for failure to perform any obligation under these Terms and Conditions, if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control including but not limited to internet outages, communications outages, fire, flood, war, epidemics, pandemics or acts of God.
- Instructors shall ensure compliance with all applicable laws while providing educational services on the Website, including having in full force and effect all licenses, permits and authorizations as it/they may be required to obtain from time to time for providing educational services and shall ensure that such licenses, permissions, authorizations, permits and consents are valid while accessing and utilizing our Services on the Website. It is hereby clarified that we shall not be liable for any non-compliance by the Instructors under this Clause.
- Further, we will not be liable or responsible for:
- any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any financial loss that is caused due to the use of the Services;
- the Services not meeting Your individual requirements or the Services containing defects or errors or deficiencies, as the Services has not been developed specifically for You. It is Your responsibility to ensure that You use and utilize the Services if the facilities and functions of the Services meet Your requirements;
- any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect Your device, data or other proprietary material due to Your use of the Services; and
- additionally, by utilizing the Services, You understand, acknowledge and agree that internet transmissions are never completely private or secure and that any message or information You send using our Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Governing Law
A printed version of these Terms and Conditions, Privacy Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions and the Privacy Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Dispute Resolution:
These Terms and Conditions along with the Privacy Policy shall be governed by and construed in accordance with the laws of India. For all purposes of these Terms and Conditions and the Privacy Policy, and subject to Clause 16.2.2, the Parties’ consent to the exclusive jurisdiction of courts located in Bengaluru, Karnataka.
Any controversies, conflicts, disputes and/or differences between the parties shall thereafter be resolved by arbitration in Bengaluru, Karnataka in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator mutually appointed by the parties. The language of the arbitration shall be English.
The parties shall keep the arbitration confidential and not disclose to any person, other than those necessary to the proceedings, any information, transcripts or award unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties hereto.
Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions and Privacy Policy, including without limitation, this Clause.
Severability
If any provision of these Terms and Conditions and the Privacy Policy is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions and the Privacy Policy will otherwise remain in full force and effect and enforceable. The failure of either party to exercise, in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions and the Privacy Policy to be binding, we must provide You with written notice of such waiver through one of our authorized representatives.
Modification of Terms and Conditions
We retain the unfettered right to display any advertisements on the Website. Further, the Website may include links to third party advertisements and other websites / applications, whose terms and privacy practices may differ from those of ours. You are advised to use Your discretion while visiting such websites/applications or while providing any personal information on such websites/ applications, or while purchasing of any products or services on such websites/applications.
The inclusion of a link does not imply any endorsement by us of such third-party website, the website’s provider, the information on the third-party website, or the quality of products or services provided on such websites. You hereby agree and acknowledge that any access of such websites / applications shall be at Your sole risk, and we shall not be liable for any losses sustained by You in this regard.
If You access or submit personal information to any of those websites, such access and information will be governed by the terms of use and privacy policies of such third-party websites and we disclaim all responsibility or liability with respect to the terms and policies of such websites. You are hereby advised to carefully read the terms and privacy policy of any website that You may visit.
Miscellaneous
Unless otherwise specified in these Term and Conditions and the Privacy Policy, all notices hereunder will be in writing and will be deemed to have been duly given when received or when receipt is electronically confirmed, if transmitted by e-mail.
In respect of these Terms and Conditions and the Privacy Policy and Your use of these Services, nothing in these Terms and Conditions and the Privacy Policy shall be deemed to grant any rights or benefits to any person, other than us and You, or entitle any third party to enforce any provision hereof, and it is agreed that we do not intend that any provision of these Terms and Conditions and the Privacy Policy should be enforceable by a third party as per any applicable law.
Contact
Should You have questions about these Terms and Conditions and the Privacy Policy or information collection, use and disclosure practices in relation to the Services, You may contact our Grievance Officer as per the details and manner prescribed in our Privacy Policy.