EDVISHAN

Cancellations and Refunds

  1. If, as a Student, you wish to cancel a confirmed enrolment made via the Site or the Application, after enrolment to the Course, the cancellation policy contained in the applicable Listing will apply to such cancellation provided that no refund will be made in respect of tuitions already provided. Our ability to refund the Course Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy and financial charges applicable in case of course payment through No Cost EMI options. Details regarding refunds and cancellation policies are available via the Site and Application. Edvishan will initiate any refunds due pursuant to the Payments Terms. Please refer to the Refunds section of FAQs for latest updated terms and conditions for various categories of listings/courses.
  2. If We cancel a confirmed enrolment made via the Site, Services, and Application, (i) Edvishan will refund the Course Fees paid by the Student for such enrolment to the applicable Student pursuant to the Payments Terms which shall not exceed the total amount paid by the Student.

Taxes

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority “) where your office or residence is located may require Taxes to be collected from Students on the amount paid for the Course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Course Fees set by Edvishan.

User Conduct

  1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
  2. violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
  3. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
  4. access or use our Site, Application, Services expose or allow to be used or exposed, any Edvishan Content: (i) that is not publicly displayed by Edvishan in its search results pages or listing pages before an enrolment is confirmed; (ii) in any way that is inconsistent with the Edvishan Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Edvishan users or any other third party;
  5. use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Edvishan endorsement, partnership or otherwise misleads others as to your affiliation with Edvishan;
  6. dilute, tarnish or otherwise harm the Edvishan brand in any way, including through unauthorized use of Collective Content, registering and/or using Edvishan or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Edvishan domains, trademarks, taglines, promotional campaigns or Collective Content;
  7. copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
  8. infringe the rights of Edvishan or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
  9. interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  10. use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  11. use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam“) or advertisements unrelated to lodging in a private residence;
  12. “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Edvishan Student;
  13. register for more than one Edvishan Account or register for an Edvishan Account on behalf of an individual other than yourself, except in case where the parent is registering the account for its child or guardian for its ward;
  14. contact another Member for any purpose other than asking a question related to an Enrolment, Course, Listing, or the Member’s use of the Site, Application and Services;
  15. recruit or otherwise solicit any Member to join third-party services or websites that are competitive to Edvishan, without Edvishan prior written approval;
  16. recruit or otherwise solicit any Member to join third-party services, applications or websites, without Our prior written approval;
  17. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  18. use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
  19. use the Site, Application, Services or Collective Content to find a Student and then complete an enrolment of Course independent of the Site, Application or Services, in order to circumvent the obligation to pay any Fees related to Edvishan provision of the Services or for any other reasons;
  20. violate these Terms or Edvishan then-current Policies and or Standards;
  21. engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Platform, Application, or Services;
  22. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  23. systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  24. use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Edvishan name, any Edvishan trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Edvishan express written consent;
  25. access, tamper with, or use non-public areas of the Site, Application or Services, Edvishan computer systems, or the technical delivery systems of Edvishan providers;
  26. attempt to probe, scan, or test the vulnerability of any Edvishan system or network or breach any security or authentication measures;
  27. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Edvishan or any of Edvishan providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
  28. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
  29. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
  30. advocate, encourage, or assist any third party in doing any of the foregoing; or
  31. accept or make a payment for Course Fees outside Edvishan. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Edvishan harmless from any liability for such payment.
  32. Edvishan has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Edvishan may take a range of actions against you, including but not limited to deactivating or cancelling Edvishan Account, for a violation of this Section or these Terms.
  33. Edvishan may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Edvishan or to comply with legal process (for example, summons or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Edvishan, its users, or members of the public.
  34. You acknowledge that Edvishan has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
  35. Edvishan reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Edvishan, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Child Safety Policy

This policy is applicable to all persons and organizations associated with Vedantu,

  1. Employees of Edvishan, who maybe full-time or part-time employees, permanent or temporary employee, regular permanent employee or employed on contract
  2. Organizations and persons belonging to that organization, who may partner and/ or work with Edvishan in any capacity, even for a limited time period or job
  3. Volunteers who may work with Edvishan, in whichever capacity, even for a limited period of time
  4. Children enrolled as students of Edvishan and their parents or guardians who associate with the child in the official records of Edvishan
  5. Children who may not be enrolled but are reached out through marketing or sales of the product and their parents or guardians who associate with the Child
  6. Any other person or organisations who may be officially associated with Edvishan and its ambit of work and activity

In instances and circumstances where Edvishan may not have required control over the person alleged of any concern under this policy, including an instance of child abuse, Edvishan shall provide the required cooperation, assistance and support to such parent or guardian of the affected child, in approaching any external, legal mechanism including the Police and/or the Courts, though Edvishan is itself not personally liable in such instances.

Edvishan expects all its stakeholders falling within the scope of this policy [Part A (II)] to adhere to the following child safety code of conduct :

  1. Expected Behaviour and Actions
  2. Listen to the child and, their views and opinions
  3. Have a non-judgmental attitude
  4. Treat every child with empathy and respect regardless of his/her race, colour, gender, sexuality, religion, language, heritage, religious belief, social origin, or any point that discriminated a child
  5. Use appropriate language, behaviours while interacting with the child
  6. Use appropriate language, behaviours in any online medium used by the organisation to communicate or engage with children
  7. Create an environment that enables children to share and express freely
  8. Always take permission and written consent from guardian before taking photos or videos of a child
  9. Keep all personal information of children, their parents and guardians confidential and secure, such information shall only be shared with authorised individuals
  10. The live online classes and the content, including but not limited to audio visual content is age appropriate and culturally appropriate
  11. Prohibited Behaviours and Actions
  12. Do not develop, induce or support any emotional, online/offline physical abuse or sexual relationship with children in any way
  13. Do not use or encourage the use of alcohol, drugs, cigarettes or other intoxicating substance in any of your interaction with children
  14. Do not develop any form of relationship or arrangement with children including but not limited to financial, which could be deemed to be exploitative or abusive
  15. Do not share with or show children online/offline any inappropriate content including pornographic material or material that encourages crime, violence, racism, sexism, self-harm, suicide, cruelty
  16. Do not use language or behaviour towards children that is inappropriate, harassing, abusive, sexually provocative, demeaning, intimidating, discriminatory, or culturally insensitive

Reporting Misconduct

If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who  (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Edvishan by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Privacy

In order to provide the services to you we collect some of your Personal Information. We describe our collection and use of personal information in our  Privacy Policy . Please review this policy. You must agree to the processing of your personal information as laid out in Edvishan Privacy Policy (as may be updated from time to time). You agree that Edvishan may disclose personal information provided to us, including the data entered into the Website, if required to by law or government request such as a warrant, or as specified in the  Privacy Policy . You must be 18 years or older to use this service. You are responsible for preventing unauthorized access to your account.

Intellectual Property Ownership and Rights Notices

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of India. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Edvishan and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Edvishan used on or in connection with the Site, Application, Services, and Edvishan Content are trademarks or registered trademarks of Edvishan in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Edvishan Content are used for identification purposes only and may be the property of their respective owners. As a Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Edvishan Trademark & Branding Guidelines (as may be updated from time to time).

Additional Terms

Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

Application License

Subject to your compliance with these Terms, Edvishan grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.

Edvishan Content and Member Content License

  1. Subject to your compliance with these Terms, Edvishan grants you a limited, non-exclusive, non-transferable license, to (a) access and view any Edvishan Content solely for your personal and non-commercial purposes and (b) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
  2. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Edvishan or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

  1. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Edvishan promotional campaigns, you hereby grant to Edvishan a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Edvishan does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
  2. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Applications, Services or through Edvishan promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Edvishan promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Edvishan the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Edvishan use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Edvishan promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Hyperlinks

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Edvishan is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Edvishan of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback “). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Edvishan and you hereby irrevocably assign to Edvishan and agree to irrevocably assign to Edvishan all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Edvishan request and expense, you will execute documents and take such further acts as Edvishan may reasonably request to assist Edvishan to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

Edvishan respects copyright law and expects its users to do the same. It is Edvishan policy to terminate in appropriate circumstances the Edvishan Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Term and Termination, Suspension and Other Measures

  1. Term

This Agreement shall be effective for till the time Members access or use the Site, Application or Services or by downloading or posting any content from or on the Site, via the Application or through the Services Until such time when you or Edvishan terminate the Agreement as described below.

  1. Termination for convenience

You may terminate this Agreement at any time via the “Cancel Account” feature on the Site or by sending us an email. If you cancel your Edvishan Account, any confirmed enrolment will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy. Without limiting our rights specified below, Edvishan may terminate this Agreement for convenience at any time by giving you 30 days’ notice via email to your registered email address.

  1. Termination for breach, suspension and other measures
  2. Edvishan may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the ” User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Edvishan Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Edvishan believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Edvishan or third parties, for fraud prevention, risk assessment, security or investigation purposes.
  3. In addition Edvishan may deactivate or delay reviews, or other Member Content, cancel any pending or confirmed enrolments, limit your use of or access to your Edvishan Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Edvishan Account, or temporarily or permanently suspend your Edvishan Account if (i) you have breached these Terms or our Policies, including material and nonmaterial breaches and receiving poor ratings from Students, or (ii) Edvishan believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Edvishan or third parties, for fraud prevention, risk assessment, security or investigation purposes.
  4. In case of non-material breaches and where appropriate, you will be given notice of any measure by Edvishan and an opportunity to resolve the issue to Edvishan reasonable satisfaction.
  5. Consequences of Termination
  6. If we take any of the measures described above we may (i) communicate to the Students that a pending or confirmed enrolment has been cancelled, (ii) refund the Students in full for any and all confirmed enrolments, irrespective of pre-existing cancellation policies, (iii) support the Students, on an exceptional basis, in finding potential alternative Courses, and (iv) you will not be entitled to any compensation for confirmed enrolments that were cancelled.
  7. If You or We terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Edvishan Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Edvishan Account has been suspended or this Agreement has been terminated by us, you may not register a new Edvishan Account or attempt to access and use the Site, Application and Services through other Edvishan Accounts.

Survival

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

Disclaimers

  1. If you choose to use the Site, Application, Services or Collective Content, you do so at your sole risk. You acknowledge and agree that Edvishan does not have an obligation to conduct background or character checks on any Member, but may conduct such background or character checks in its sole discretion. If we choose to conduct such checks, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future.
  2. The Site, Application, Services and Collective Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Edvishan explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Edvishan makes no warranty that the site, application, services, collective content, including, but not limited to, any Courses, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Edvishan makes no warranty regarding the quality of any Listings, Courses, teachers, Students, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the Site, Application or Services.
  3. No advice or information, whether oral or written, obtained from Edvishan or through the Site, Application, Services or Collective Content, will create any warranty not expressly made herein.
  4. You are solely responsible for all of your communications and interactions with other users of the Site, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Application or Services, including, but not limited to, any Students. You understand that Edvishan does not make any attempt to verify the statements of users of the Site, Application or Services or to review any Course. Edvishan makes no representations or warranties as to the conduct of users of the Site, Application or Services or their compatibility with any current or future users of the Site, Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the Site, Application Or Services, including, but not limited to, Students, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Edvishan. Edvishan explicitly disclaims all liability for any act or omission of any Student or other third party.

Limitation of Liability

  1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Application, Services and Collective Content, your enrolment of any Course via the Site, Application and Services, and any contact you have with other users of Edvishan whether in person or online remains with you. Neither Edvishan nor any other party involved in creating, producing, or delivering the Site, Application, Services, Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Site, Application, Services or Collective Content, from any communications, interactions or meetings with other users of the Site, Application, or Services or other persons with whom you communicate or interact as a result of your use of the Site, Application, Services, or from your Enrolment of any Course via the Site, Application And Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Edvishan has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
  2. In no event will Edvishan aggregate liability arising out of or in connection with these Terms and your use of the Site, Application and Services including, but not limited to, your enrolment of any course via the Site, Application and Services, or from the use of or inability to use the Site, Application, Services, or Collective Content and in connection with any course or interactions with any other members, exceed the amounts you have paid or owe for enrolments via the Site, Application and Services as a student in the three (3) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Edvishan and you.

Indemnification

You agree to release, defend, indemnify, and hold Edvishan and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) enrolment of an Course; including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an enrolment or attending of a Course.

Entire Agreement

Except as they may be supplemented by additional Edvishan policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Edvishan and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any enrolments made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Edvishan and you regarding enrolments, the Site, Application, Services, and Collective Content (excluding Payment Services).

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Edvishan (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Governing Law and Jurisdiction

  1. These Terms and your use of the Services will be interpreted in accordance with the laws of India excluding its rules on conflicts of laws. You and we agree to submit any dispute arising under these Terms to the personal jurisdiction of a court located in Bangalore for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
  2. Any dispute, claim or controversy arising out of or relating to this Terms including the determination of the scope or applicability of this Terms to arbitrate, or your use of the Application or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by Members and Edvishan. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
  3. If you are a resident of the European Economic Area (EEA) you have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, please contact your local data protection authority in the EEA.
  4. No Waiver

The failure of Edvishan to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Edvishan. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Miscellaneous

  1. Edvishan shall have no liability of any nature, whether in contract, or otherwise, for any losses whatsoever and howsoever caused, from or in any manner connected with any of the Services provided by Us.
  2. Edvishan is not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond Edvishan reasonable control.
  3. You may not assign or transfer these Terms, by operation of law or otherwise, without Edvishan prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Edvishan may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  4. Edvishan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) provided by Us with or without notice. You agree that Edvishan shall not be liable to You or to any third party for any modification, suspension or discontinuance of such Services. It is Your responsibility to review these Terms periodically for updates/changes.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information provided by us, including any intellectual property rights of Edvishan or any person firm or corporation having posted information for availability through the Services provided by us.
  6. You agree that in the event Your post or Your information violates any provision of this Terms, We shall have the right to refuse to provide You or any person acting on Your behalf, access to the Site and Application, terminate and/ or suspend Your access if applicable in the future.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

 

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