Effective 1st September 2017
a. Terms of Services:
The platform is used for information sharing by parents, educationists, teachers and students who are primarily below the age of 18 years. By registering on the platform the parents gives their consent to their child / children or as a guardian for the use of the platform and is bound by these terms and conditions stated herewith.
b. About Services:
The Company is a facilitator for activity based learning and curriculum, IT services for the education and teaching as well as training life skills through the platform as well as outside the platform. The content and the platform is facilitating the students to learn various programs pertaining to but not limited to their development of computational skills, technical skills, advance skills through online as well as offline platform. The company has necessary expertise in building such competency and thereby facilitate smooth functioning. The Company has instructors, subject matter experts, trainers, who would be assisting the children in achieving the learning objective. There is no guarantee of the learning objective due to various external factors not in control of the Company.
The Company collects information that may be used to recognise and restrict imitation for you or your Child including, but not limited to, name, e-mail ID, photograph, location and other contact information, gender and other demographic, birth date, school name, etc. when you register to use certain features of our platform. The services may be availed through login created for you.
c. Accessing Services:
The content of the pages of this platform is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this platform is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products or information available through this platform meet your specific requirements.
d. Right to Use
The subscriber or user accessing the content on the platform has limited right to access, view and use the platform only for the purposes of accessing, viewing, posting or submitting user material, embedded or external link, placing orders or for accessing information, applications and services. Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the platform. This license is limited to personal and non-commercial use by you and your child. Any rights not expressly granted to you herein are reserved to Company.
This platform contains material which is owned by or licensed to us or free resources available or duly acknowledged. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
e. Intellectual Property Right
All trademarks reproduced in this platform which are not the property of, or licensed to, the operator are acknowledged on the platform. The Company retains all rights (including software, copyrights, trademarks, patents, designs, logos, trade-dress, trade-secrets, know-how as well as any other intellectual property right) in relation to all information provided on or via this Platform (including but not limited to the curriculum taught, all texts, graphics, photos, illustrations, audios, videos, apps and logo in the storage devices).
f. Limitation of Use
Unauthorized use of this platform may give rise to a claim for damages and/or be a criminal offence. From time to time this platform may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without the Company’s prior written consent. Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority based in India. The Child or you in any case during or after the course of the program never conduct or solicit or generate a link from the platform to attract dubious means, fraud, monetary benefits, causing harm and damage to the repute of the Company. You may own the medium on which the information, content or materials resides, but the Company retain full and complete title to the information, content or materials and all intellectual property rights therein.
g. Personal Use
Your personal and non-commercial use of the Company’s services shall be subject to the following restrictions:
You may not decompile, reverse engineer, or disassemble the contents of the storage devices and / or our products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the storage devices and / or our products and services.
You will not use our product or service for commercial purposes of any kind, or advertise or sell any products, services or otherwise whether or not for profit, or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or use the storage device and / or our products and services in any way that is unlawful, or harm Company’s or any other person or entity as determined by the Company.
h. Paid Services and refund:
The platform is a paid service and the payments made by you shall be according to the plans you shall opt through the Platform. All payments by you shall be through the payment mechanism put in place by the Company. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, EMI Payment, Online Bank Transfer and Wallet Payment. The payment gateway mechanisms are governed by the terms and conditions of the third party providers as listed on the platform and the User agrees to be bound by those terms. Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Us. In case of refund of EMI transactions, User will be charged interest as per bank’s regulations.
Any charges related to app publishing (e.g. charges levied by app store, play store) as part of the project or program or course will be incurred by the User.
The Company in due course of may offer discounts or coupons issued by the Company or by third party. The Company has right to withdraw any such discounts or coupons without any prior notice.
The Company offers free demo or trial classes on the platform and shall also be governed by these terms.
You are required to check the device compatibility prior to the subscription of the Company’s products and / or services, including the application and content. The Company shall not be obligated to provide workable products and / or services for any tablets / devices or those tablets that may be purchased from any third party which are not compatible with the Company’s products and services. The Company or any of its subsidiaries or content partners shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software, including loss of data or effect on the processing speed of the tablet / device, those results from the use of our products and services. The Company offers you and the child the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information. The Company may remove content at its discretion. Child may choose to write and post reviews on the platform. We do not encourage your Child to post any Personal Information on the platform and the ill effects of such revelation shall be borne by the Users. However, you can request the Company via e-mails to delete any such information posted by the child. For the purpose of verification, the Company will review and scrutinize such emails before responding. You warrant and represent that your content, and the content of any website from which you include a link to any site, or to which You post a link from a site, will not be inappropriate. Without limitation, content (and the content of third-party websites) may be considered inappropriate in its cause to denounce the Company’s objective.
j. Linking Usage
k. Consent to use:
In imparting the services and suggest for the training purposes to consume internally or on the Company media channels, you hereby explicitly consent to video/ sound recordings of the lectures conducted containing footage of you and/or recording of any video of your Child conducted on the Platform as a part of the Services. By uploading, submitting, creating, or publishing your User Content to or through the Services, you represent, and warrant that you are the creator and owner of your User Content and that you have the authority to use or have the necessary licenses, rights, consents, and permissions to publish the User Content. Your submission is not causing the infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
All rights, ownership, and intellectual property in the ‘User Content’ created by your child on or by using the platform, during the period of the tutorial classes or the course, shall vest in the Company. You hereby explicitly consent and transfer all such rights, ownership, and intellectual property in the ‘User Content’ to the Company for a worldwide, royalty-free, and perpetual use. The Company shall have the sole and exclusive right to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display any/all such ‘User Content’. You and your child undertake to use the Company’s platform and intellectual property for only the purposes envisaged in the instant terms and shall not use the same for any unauthorized or unlawful purpose. Should you and your child use the Company’s platform or intellectual property with any third party’s intellectual property in any manner, then you and your child will be solely responsible to obtain all necessary permissions, authorizations and licenses from the said third party. In the event you and your child uses the Company’s platform and intellectual property beyond the limited rights granted to you and your child under these terms, then you and your child shall be solely responsible for the same and shall indemnify the company for all losses, claims and damages in this regard. You and your child will be solely responsible to ensure that any content or intellectual property created by the child shall not contain any bugs, virus and malware or infringe any third party’s intellectual property rights or violate any applicable laws (including data protection and privacy laws) in any manner.
m. Intention of Use:
In no event will the Company be liable for damages of any kind, including without limitation, (1) indirect, punitive, special, exemplary, incidental, or consequential damage including loss of business, revenue, profits, use, data or other economic advantage, loss of programs or information, or (2) direct damages in excess of the amount paid to the Company for the product and / or service, arising out of the use of, misuse of or inability to use, or errors, omissions or other inaccuracies in the Site or the products and / or services, or any information provided on the Site. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, in such instances, some of the above limitations may not apply to the Use. Any application, code or content created using the Company’s platform are intended to be used solely as prototypes and for evaluation of validity and practicability of idea. All such applications, knowledge, skills, codes and/or content may be solely created for educational purposes and gathering feedback by the students and are in no way fit for or meant to be used for any commercial use.
Any other use of such programs, apps, codes or content, other than the use specified herein is prohibited by the Company and the Company shall not be liable for the same and you and your child shall indemnify the company for any loss, claims or any damages suffered by the Company in this regard.
Any and/or all apps, projects, models, working as well as study purpose built using the Company platform or through instructions by qualified instructors, by the users during the period of their permitted use of the platform are solely meant for educational and evaluation purposes as part of the users training program, the same are expected to have limited functionality and use and are thus not fit to be used commercially or to be adopted for any use as opposed to the intended use prescribed in these terms.
The apps might have unresolved technical bugs and security concerns including but not limited to viruses, data safety, account protection, insufficiency of security protocols and non-encryption. Any personal information, passwords and/ or any other details or sensitive data provided might become available to other users on the platform. Any such commercial or non-authorized use of these apps shall be at the sole risk and discretion of the users and third parties and the Company in no way whatsoever promotes or authorizes the same.
You and your child shall be solely responsible for any such unauthorized use, promotion and/or commercialization of the app/code/content created by your child or any other user of the Company platform and shall indemnify the Company for all losses, claims and damages in this regard.
n. Shipment and Delivery:
You have to specify the address to which the shipment has to be made at the time of purchase governed by the standard purchase order format from the Company. All product(s) if mentioned for physical delivery as per the product and services shall be delivered directly to the address by the Company or business associates as the case may be as specified at the point of ordering and you cannot, under any circumstances whatsoever, change the address after the order is processed. Any inconsistencies in name or address will result in non-delivery of the product(s) and no refund of the fees paid shall be entertained.
For return of product(s) damaged at the time of delivery, the shipping charges shall be borne by the Company and / or the business associate. However, for return of any of the product(s) for any other reasons, it shall be the responsibility of the registered User to arrange for the return of such cancelled product(s) and the shipping charges shall be borne by such User.
Unique user id / customer id should be mentioned in all the order related queries.
The Company requests you not to accept any product package that seems to be tampered with, opened or damaged at the time of delivery. The products must be returned in the same condition / unopened as delivered by the Company or its business associate.
Any products returned showing signs of any use or damage in any manner shall not be accepted for return. All requests for return of products have to be placed within 7 days from the date of delivery. Please note that no refunds shall be claimed or will be entertained post 7 days from the date of delivery. The Company may engage third party delivery services for the shipment.
The Company do not take any responsibility in whatsoever manner for the loss, harassment or any other trouble cause to you, however you are required to bring to notice such incidents so that Company take the matter strictly with the vendor for strict compliance as per company ethos.
Users may access the platform across the globe and the users must comply with the laws that apply to you in the location that you access Company’s Services thereof and if any laws that restrict and prohibit using Services of Company, you must comply with those local legal restrictions or, if applicable, stop accessing and/or using the Services of Company.
You promise that all the information you provide to Company on accessing and/or using the Services of Company is and shall remain true, accurate and complete at all times. Notwithstanding any other provision of these terms you agree and undertake not to hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction).
The User should not remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service or Create software which imitates any data or functionality in the Service and should not do any communication on behalf of the company.
The user should not gather any unsolicited information gathered or the user is not party to. The user should not make any business or commercial deals nor represent Company in whatsoever manner. No monetary gains should be sought by the user by providing dubious links, hyperlinks or any other connection to make good profit or gain from the service.
The User shall not reprint, reuse or may not enter into any contract with third party. The user pledges to use the service for good cause and learning purpose and shall not have any immoral motives challenging the law of the land and undertake not to harm or delete any copyright or other proprietary notice on the Service.
The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users, and you expressly consent to Company’s monitoring your computer’s random access memory for the purpose of identifying said unauthorized third-party programs.
p. Limited Liability:
Liability arising due to violation by you or your child of a third party’s rights, you agree to reimburse Company for all such damages resulting from the culpable non-observance of the obligations of these terms. The users release the Company from all such eligible claims that may arise by other users or third parties may file against Company due to a violation of their rights by content posted by the user or due to a violation of their obligations through misconduct and non compliance.
You shall account and accept the costs of Company legal expenses through defence or attorney or lawyer represented by the Company, including all court and legal fees.
This condition does not apply if the Users are not responsible for the infringement. Company ensures that the information and the training facilitated by the tutors on the Platform is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information and coaching given by the Instructors on the platform through online as well as offline delivery.
You agree and understand that Company does not states or claims any warranty for the quality of lectures delivered by the Instructors listed on our Platform. The Company undertakes all the possible measures and the scrutiny of the curriculum delivered by the Instructors however, the Company does not guarantee the quality of lessons delivered to 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, then in such cases, please immediately inform the Company at the contact provided below. The Company will make all efforts to take any and all necessary actions as per the applicable law. However, the Company explicitly disclaims any liability or responsibility in the event of such a circumstance.
Company will not be held responsible for any unethical, illegal acts performed by the Child on the advice of Instructor and it shall be your responsibility to closely monitor the activities of your Child while accessing the Platform. In no event shall the Company 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 or any third-party, whether in an action in contract, arising from your access to, or use of, the Platform or any content provided on or through the Platform.
The Company facilitates educational and informational content on best effort basis and is liable only to provide its services with reasonable skill and care. The Company does not guarantee the increase in conceptual understanding. The Company’s liability for any and all claims in the aggregate, arising out of or related to your use of the platform or services, shall not under any circumstances exceed the amounts actually paid by you for “one of the course fee subscribed by the user whichever is highest” to the Company for its Services.
The Company gives no other warranty in connection with the Service and to the maximum extent permitted by law, Company excludes liability for any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Company have been made aware of.
The company does not guarantee the accuracy, currency or validity of information and material contained within any communications or the Service. The Company services are based on the platform and subject to disruptions of third party internet vendors and any interruptions to or delays in updating the Service.
The Company does not warranty any incorrect or inaccurate information on the Service, the infringement by any person of any copyright or other intellectual property rights of any third party through any communication or use of the Service, the availability, quality, content or nature of external platforms and links.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Service, or any Communication, where digital content and services is supplied by the Company, the Company does not warrant any such deeds and the user is not entitled for any compensation arising thereof. However the user is required to notify the Company and the Company shall replace, renew, such products and services on best effort basis.
The Company does not warrant that the operation of the Service will be uninterrupted or error-free. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of Company including Internet outages, communications outages, fire, flood, war or act of God. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law. You agree that in relation to your use of the Service you will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call Company or the Service into disrepute.
r. Personal Confidentiality:
You agree that you are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account. The company has subscribed to various third party service providers and you agree and acknowledge that, while accepting these terms, you explicitly grant permission to these service providers to use your information. In the event of any dispute between the third party and you the company shall not be held liable in any matter whatsoever.
The Company may also contact the user through SMS, MMS, email, push messages through web application and call to give notifications on various important updates. Therefore, User holds the Company non liable to any liabilities including financial penalties, damages, expenses in case the user’s mobile number is registered with Do not Call (DNC) database.\
You hereby indemnify, defend, and hold the Company, Company’s distributors, agents, representatives and other authorized users, and each of the foregoing entities respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of our products and services.
You are required to ensure that the product and services are bought from the authorised and registered personnel from the Company, distributors, agents, representatives and it is the sole responsibility of the user to check the authenticity. The Company shall not entertain any claim arising due to counterfeit or dubious products not represented by the Company.
u. Amendment and Severability:
The Company shall update the terms and conditions on best effort basis depending upon any decision by the competent authority, business operations, Company policy for the better user experience. The users shall be notified for all such amendments. In the law of the land if any part of the terms stated herewith is invalid, illegal or unenforceable that provision or part provision may be deleted and other points may be deemed fit and shall be applicable and enforceable for other terms.
For the breach of terms of this agreement the Company shall terminate, discontinue the services of the User. The Company may send warning level and may restrict, cancel the subscribed services. The User may be compensated or refunded the amount as per the usage of the program subscribed. Upon termination the user may have limited or no access to the content platform or services of the Company.
w. Subvention and Sublet:
This agreement is not an act of subvention nor be construed as right to sublet, franchise, transfer of right, representation by the user. Any such act will be treated as breach of these terms.
No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
y. Law and Jurisdiction:
Any dispute arising shall be taken for sole arbitration and under the jurisdiction area of Nagpur, India.
Team Wisemindz Ventures Private Limited
Name: Sachin Dhakate
WiseMindz Ventures, Plot No. 148, Suyog Nagar, Nagpur, Maharashtra, India 440015
Helpline : +91 7447712346
Email : [email protected]
Website : www.wisemindz.com