TERMS AND CONDITIONS OF ACCESS OR USE

Effective from 16th May 2022

1. Introduction
2. Edvishan having its registered office at Noida – 201 301 (hereinafter referred to as “Edvishan“, “we“, “us“, or ” our“) provides online courses and conducts online classes, live demo, doubt clearing sessions for the students seeking to enrol for such courses (the ” Services“), which Services are accessible at  edvishan.com  and any other websites through which Edvishan makes the Services available (collectively, the “Site “) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Applications“).
3. By accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site, via the Applications, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services (“Terms of Services” or “Terms”), whether or not you have registered with the Site and/or Application.
4. Therefore, please read these Terms of service before accessing or using the Site, Application or Services or downloading or posting any content from or on the Site, via the Application or through the Services, carefully as they contain important information regarding your legal rights, remedies and obligations.
5. If you do not agree to these Terms, then you have no right to access or use the Site, Application, Services, or Collective Content (as defined below).
6. If you are using the Site, Application or Services then these Terms of Service are binding between you and Edvishan.
7. Definition

In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:

1. “Courses” means educational courses listed on the Site or Application.
2. “Course Fees” means the amounts that are due and payable by a Student for enrolment of Course.
3. “Collective Content” means Member Content and Edvishan Content.
4. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
5. “Listing” means Courses that are listed by Edvishan as available via the Site, Application, and Services.
6. “Member” means a person, who completes Edvishan account registration process, including but not limited to Teachers and Students, as described under “Account Registration” in Clause 7 below.
7. “Member Content” means all Content that a member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Edvishan promotional campaign to be made available through the Site, Application or Services.
8. “Payment Method” means a payment method that you have added to your Edvishan Account, such as a credit card, debit card or net banking.
9. “Student” means a member who enrols for Courses on Application or Site, in case of minor student the parent or guardian who enrol their child or ward for the Courses on Application or Site.
10. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that Edvishan may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
11. “Teacher”means a Member who has been selected by Edvishan in order to provide services through the Site or Application
12. “Edvishan Content” means all Content that Edvishan makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Student Content.
13. Terms of Service
14.  
15. We believe that every user of our Application/Services/products/Website must be in a position to provide informed consent prior to providing any Information required for the use of the Application/Services/products/Website. By registering with us, you are expressly consenting to our collection, processing, storing, disclosing, and handling of your information set forth in our Privacy Policy now and as amended by us. Processing, your information in any way, including, but not limited to, collecting, storing, deleting, using, combining, sharing, transferring, and disclosing information, all of which activities will take place in India. If you reside outside India your information will be transferred, processed, and stored in accordance with the applicable data protection laws of India.
16. By using the Site, Applications or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined above), and constitute a binding legal agreement between you and Edvishan. The user further accepts to allow Edvishan Innovations Private Limited to reach them through Call, SMS, Email, Whatsapp for providing existing services and for providing information on new products and services and it will supersede the registry of NDNC & DND as per the regulation of TRAI under the guidelines of TCCPR
17. I hereby authorize to receive SMS, Whatsapp, Email and other communications via Edvishan and it supersedes the registry of NDNC & DND as per the regulation of TRAI
18. In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
19. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal liabilities.
20. The Site, Application and Services comprise an online platform which creates Listings for Courses and Students may learn about and enrol for the course directly through the Site and Application.
21. You acknowledge and agree that, by accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site or via the Application, you are indicating that you have read, and that you understand and agree to be bound by these Terms and receive our Services, whether or not you have registered with the Site and Application. If you do not agree to these terms, then you have no right to access or use the Site, Application, Services, or Collective Content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
22. GDPR COMPLIANCE STATEMENT

Edvishan respects and complies with the EU General Data Protection Regulations (GDPR). Some of the key ways we comply with these regulations are:

1. Consent

We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly consent to contact from us.

2. Breach Notification

In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach. 

3. Right to Access

Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, in an electronic format.

4. Right to be Forgotten

Once we have compared your (the subjects’) rights to “the public interest in the availability of the data”, we may delete your personal data where you have requested this.

5. Data Portability

We allow you to receive the personal data concerning you, which we will provide in a ‘commonly used and machine-readable format’ and you have the right to transmit that data to another ‘controller’.

6. Privacy by Design

We implement appropriate technical and organisational measures, in an effective way and protect the rights of data subjects’. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.

5. Eligibility

Use of the Site, Application and Services is available only to persons who can form legally binding  contracts under Indian laws. The Site, Application and Services are intended solely for persons who are 18 years of age or older. If you are below 18, then your parent or guardian can open an account and help you enrol in courses that are appropriate for you. The use of the Site, Application and Services is also not available to persons whose membership has been suspended or terminated by Edvishan for any reason whatsoever. Any access to or use of the Site, Application or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years or older.

6. Usage of Site, Application or Services
7. The Site, Application and Services can be used to facilitate the Students to enrol for Courses. Such Courses are included in Listings on the Site, Application and Services by Edvishan. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to enrol for the Courses, you must first register to create a Edvishan Account (defined below).
8. Edvishan makes available an online platform which provides various online Courses for the Students. Unless explicitly specified otherwise in the Edvishan platform, Edvishan’s responsibilities are limited to facilitating the availability of the Courses through the Site, Application and Services.
9. Account Registration
10. In order to access certain features of the Site and Application, and to enrol for Courses, you must register to create an account (“Edvishan Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. A Teacher is also registered and an account (“ Edvishan Account”) created once selected by Edvishan for providing services through the Site or Application.
11. You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Edvishan Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Edvishan through the Site, Services or Application; or (ii) allowing Edvishan to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Edvishan and/or grant Edvishan access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Edvishan to pay any fees or making Edvishan subject to any usage limitations imposed by such third-party service providers. By granting Edvishan access to any Third-Party Accounts, you understand that Edvishan will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (” SNS Content “) so that it is available on and through the Site, Services and Application via your Edvishan Account and Edvishan Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Edvishan Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Edvishan’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Edvishan Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. Edvishan makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Edvishan is not responsible for any SNS Content.
12. Your Edvishan Account and your Edvishan Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Edvishan You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Edvishan reserves the right to suspend or terminate your Edvishan Account and your access to the Site, Application and Services if you create more than one (1) Edvishan Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
13. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Edvishan Account, whether or not you have authorized such activities or actions. You will immediately notify Edvishan of any unauthorized use of your Edvishan
14. Course Listings
15. Edvishan will create Listing of various online Courses and the details about the Course, including, but not limited to, the subject, topic, number of sessions, mode of conduct, and time slots of the lectures and pricing and related rules and financial terms will be listed on the Site and the Application. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to Students preferences, ratings.
16. Students will be able to view Courses via the Site, Application and Services based upon the information provided in the Listing, Students requirements, and Students’ search parameters and preferences. We understand and agree that once a student requests enrolment for Course, we may not request the student to pay a higher price than that mentioned in the Site or Application.
17. Please note that Edvishan assumes no responsibility for a student’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Edvishan reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that Edvishan, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Edvishan then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
18. If you are a Teacher, you understand and agree that your relationship with Edvishan is limited to being a Member and an independent, third-party contractor, and not an employee, agent,   joint- ventures or partner of Edvishan for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Edvishan. Edvishan does not control, your offline activities. As a member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Edvishan, including by inappropriately using any Edvishan intellectual property.
19. When you enrol for a Course, you will also be required to upload certain information, such as, uploading a profile picture or verifying phone number. Any Member wishing to enrol for any of the Courses must meet these requirements.
20. No Endorsement

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Edvishan with respect to such actions or omissions.

10. Payment Terms
11. If an enrolment is requested for any Course via the Site, Application or Services, we will either pre-approve, confirm or reject the enrolment request within the period of 7 days from the date of request for enrolment (‘Enrolment Request Period’), otherwise the enrolment request will automatically expire. If We are unable to confirm or decide to reject an enrolment request within the Enrolment Request Period, any amounts collected by Edvishan for the requested enrolment will be refunded to the concerned Student. When We confirm an enrolment requested by a Student, Edvishan will send the student an email, text message or message via e-mail and the Application confirming such enrolment, depending on the selections you make via the Site, Application and Services.
12. The Course Fees payable will be displayed to the Student before the Student sends an enrolment request to Edvishan. Upon receipt of the student’s enrolment request, Edvishan may initiate a pre-authorization and/or charge a nominal amount to Student’s Payment Method pursuant to the Payments Terms. If a requested enrolment is cancelled (before any tuitions are provided), any amounts collected by Edvishan will be refunded to such Student, depending on the selections the student makes via the Site and Application, and any pre-authorization of Student’s Payment Method will be released, if applicable.
13. Edvishan will collect the Course Fees from Students at the time of the enrolment request.
14. Edvishan agrees that no refund will be permitted in respect of tuitions already provided and in accordance with the cancellation policy reflected in the relevant Listing, (i) permit the Student to cancel the enrolment and (ii) refund to the Student that portion of the Course Fees specified in the applicable cancellation policy. In case relevant Listing does not have a specified cancellation policy, the refund amount would be pro-rata to the unconsumed portion of the tuition.
15. You agree that Edvishan through its Site or Application would raise system generated invoice to the student in relation to the Course for which the student has enrolledor in relation to any kind of payment done, as per applicable laws. Edvishan will raise invoice for the above which shall be inclusive of all applicable Taxes.
16. You as a Student agree to pay the Course Fees for any enrolment requested, in connection with your Edvishan Edvishan will collect the Course Fees pursuant to the Payments Terms.
17. Once you’re confirmed enrolment transaction is complete you will receive a confirmation email summarizing your confirmed enrolment.