In general, you can visit the Site without telling us who you are or revealing any personally identifiable information about yourself. However, in the course of or for the purpose of facilitating the provision of services to users, collect various personal information, educational qualifications, information shared on social media etc. If you choose to register, and are 13 years of age or older, we will collect some personally identifiable information including but not limited to your name, date of birth, email address, gender, photograph among others. We may also ask you for your address along with other billing and shipping addresses for any busines related purposes. By providing your Personal Information to us, you explicitly agree to our collection and use of such information as described in this Policy.
We are committed to protecting children's privacy online. This Site is intended for users above the age of 13. We do not knowingly collect information from children.
If you use or provide services on the Site for which we implement a billing system for you, we will collect additional information from you so that we can process and collect billing information. For example, we may collect your mailing address or shipping address. In addition, information may be collected, without any liability on us, by the third party payment gateways being used on this Site for facilitating any payments. By agreeing to use these systems, you also agree to any privacy policies incorporated by such payment systems.
We do not collect any payment information on our site. Our payment gateway transactions are handled by multiple third party payment gateways, which have adherence to the highest levels of network and information security compliance. This ensures that your account information is well protected and completely secure. However, we are not responsible for the privacy practices of the third party payment gateways and in the event of breach of any applicable law, unauthorised disclosure or misuse of payment information by such third party payment gateways, we shall not be liable in any manner whatsoever in any circumstances.
We may also use cash on delivery services for collection of payments from the customers. However, we are not responsible for the privacy practices of the companies that we use to execute cash on delivery transactions and in the event of breach of any applicable law, unauthorised disclosure or misuse of payment information by companies, we shall not be liable in any manner whatsoever in any circumstances.
The Site uses software tags called "cookies" to identify customers when they visit our Site. Cookies are used to remember user preferences and maximize performance of our services. The information we collect with cookies is not sold, rented, or shared with any outside parties. Users who disable their Web browser's ability to accept cookies will be able to browse our Site but will not be able to successfully use our Service with access to all personalization features.
We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our Site.
Web pages may contain an electronic file called a web beacon that allows a web site to count users who have visited that page or to access certain cookies or for traffic analysis. We may use web beacons in the following ways:
We may maintain log files of the traffic that visits our Site. We do not link any information gathered in these log files to Personal Information. Log files are used to manage traffic loads and information technology requirements for providing reliable service. Information collected in such log files typically includes but is not limited to IP addresses and browser types.
While we take steps to protect the Personal Information submitted to us, both during transmission and once we receive it, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially reasonable means to protect your Personal Information, we cannot guarantee its absolute security. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps and also to rectify such a breach in a reasonable manner. We can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this site. We may post a notice on our Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. However, by using this Site or providing personal information to us you agree that in any circumstances whatsover, the Company is not liable to you or to anyone else, for any breach or disclosure or dissemination of any of your Personal Information due to any reason, or from any damages, material or otherwise resulting from the same.
Retention of Information
We will keep Personal Information of our users for as long as they are registered subscribers or users or customers of our products and services, or for as long as required for business needs, and as permitted by law.
Sharing your personal information
If you are a registered user or customer of any course of this Site, we will strive to respect the privacy of all personal information collected and it will not be disclosed to any third party. However, the Company may provide such Personal Information or part thereof, to the extent required to facilitate the performance of Services to users, to its employees, affiliate entities, franchisees, sub-contractors, collaborating universities or educational institutions, admin users of such institutions, third party email service providers providing marketing support, consultants etc. Provided further, that the obligation to maintain confidentiality of Personal Information will not extend to any information that was publicly known and generally available in the public domain prior to the time of disclosure by you; or to information whichbecomes publicly known and generally available after disclosure by you through no action or inaction of ours; information which is already in our possession at the time of disclosure by you; is obtained by us from a third party without a breach of such third party's obligations of confidentiality.
Additionally, we may share your testimonials, comments, photos, videos etc as posted on this Site on other social media channels such as Facebook, YouTube or Flickr for branding, promotional or advertising purposes. You should be aware that your publicly identifiable information could be used to send you promotional, unsolicited messages. Also, we are not responsible for your personal information which you have chosen to display publically and any resulting actions from the same.
Personal Information Corrections
While it is your responsibilty to ensure the correctness of your personally identifiable information on the website using the Edit Profile feature and other means, you can contact us if you notice that the information we are holding is incorrect or incomplete. Please contact us using the means given at the end of this policy.
If you choose to register for using this Site or purchase any of our products and services, we will send you certain promotional emails. Promotional emails advertise our products and services and/or the products and services of our Users, Partners, Associates and Affiliates. If you do not want to receive promotional emails from us, you may elect to opt-out of receiving promotional emails at any time after registering by following instructions in such promotional emails.
This Site is operated in the India. If you are visiting from other geographical regions with laws governing data collection and use that may differ from Indian laws, please note that you are transferring your personal data to India, which may not have the same data protection laws. By agreeing to use this Site and/or by providing your personal data you consent to:
Merger, Sale, Reorganization or Insolvency
If the Company should ever file for bankruptcy or have its assets sold or in case we plan to merge with, or be acquired by another business entity, or in case of re-organization, amalgamation, restructuring of business, we may share or sell such information. Any information the Company receives from you from this Site is a Company asset that may be transferred in connection with these or similar types of corporate events.
Notwithstanding anything stated the above, with respect to all Users, we reserve the right to disclose any Personal Information, content, records, or electronic communication of any kind, as required by law, regulation or government order; or when we believe that disclosure doing so in the Company's interest to protect its property or other legal rights or the rights or property of others; or to help prevent and detect identity theft, fraud and other potentially illegal acts; or if such disclosure is necessary to operate the Company, or any of its business units, or associates; or for the purpose of providing joint or co-branded services with other Associates, Affiliates, Partners etc.
We have full discretion to occasionally update this Policy. When we do so, we will also revise the "last updated" date on the Policy. We are not bound to specifically ask for your permission for any changes that we make to this Policy or to inform you of any changes. We encourage you to periodically review this Policy to stay informed about how we use the personal information we collect. Your continued use of this Site constitutes your agreement to this Policy and any updates. By visiting this website you agree to be bound by the terms and conditions of this Policy. If you do not agree please do not use or access this Site. By the mere use of the Site, you expressly consent to our use and disclosure of your personal information in accordance with this Policy.
If you have questions or concerns regarding this Policy, please contact us via any of the following methods:
Email - firstname.lastname@example.org
Phone - +91-9818299315
Reach - StudyBud, Excelsior Education Pvt. Ltd., 303/45A, Amar Plaza, Hasanpur, IP Extension, New Delhi - 110092
These terms, including this introductory section, create a binding legal contract between you and the company. By using the company products, you represent and warrant that you have read, understood and bound by these terms. If you do not accept these terms, you must not use - and are not authorized to use - all or any portion of the company products.
For the purposes of this agreement, "you" means a person who pays for access to the Company Products as well as the user, who accesses or uses the Company Products. If you are a parent, guardian, or other person who enables a child to access the Company Products, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age. This Site is intended for use by you only if you are 13 years of age or older.
If you are using or opening an account to use the Company Products on behalf of a company, entity or organization or institution (each a "Subscribing Entity"), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms, and (ii) agree to be bound by these Terms on behalf of such Subscribing Entity.
a) The Company Products enable students, parents, teachers, colleges and Subscribing Entities (collectively, "Users") to learn via live and recorded instruction, tutoring, and learning services in our proprietary Software. The Services include, without limitation, facilitating and hosting Courses, sharing study material, conducting tests, analysing performance, reporting and measurement of progress, and taking feedback from Users.
b) You understand and agree that these Terms are entered into in consideration of your use of the Company Products and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
c) Company reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Site. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision as specified in last updated on above. You should visit this page regularly to ensure your continued acceptance of these Terms. Your continued use of the Company Products after any revision to these Terms constitutes your binding acceptance of the revised Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the Company that arose prior to the date of such revision.
d) The Company Products are new and subject to change at any time. We are continually looking to improve the Company Products but if you are at any time dissatisfied with the Company Products, then your sole remedy is to discontinue use of the Company Products.
e) By using the Company Products or communicating with us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Company Products. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you.
Connectivity Costs and Equipment
You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Company Products, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all telephone, computer and/or mobile hardware, software and other equipment required for such access and use.
Fees and Taxes
Joining the Site and browsing for Courses is free. Some Courses are available for purchase at a price. Company may change its fee policies at any time in its sole discretion, including charging for access to the Site, but no fee change will be binding upon you until you agree to such fee changes.
Unless otherwise stated, all fees are quoted in Indian Rupee. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method that is accepted by the Company in its sole discretion. If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Company Products pending resolution of any amounts due by you to Company.
We do not control comments/discussions posted on the Site and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Content. You also understand that by using the Site you may be exposed to Submitted Content that is offensive, indecent, or objectionable. You hereby agree to hold Company harmless from and against any and all claims that you may have arising out of your access or use of any Submitted Content.
Those who choose to access or use the Company Products from other locations, including from outside India, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to or use of the Company Products from jurisdictions where the contents or practices of the Company Products are illegal, unauthorized or penalized is strictly prohibited.
You may only access the Company Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Company Products. You agree not to use the Company Products or the Company Content (as defined below) to recruit, solicit, or contact in any form Instructors or potential users for employment or contracting for a business not affiliated with us without our advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any Instructors or other Users of Company Products. You should be careful before meeting any Instructor or other User in person and should only do so in public. Remember to always be safe. You also agree to maintain ethical and moral standards of honesty while using the website and that the Company cannot be held liable for any inaccurate results, content, feedback provided through our Services due to a dishonest use of the Site by you.
Specific Obligations of Users using the Site
As a User, you agree that:
You also agree that you will not do any of the following on or through the Company Products:
Registration and Identity Protection
To use certain Company Products, you will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, the "Account") and for all activities and liabilities associated with or occurring under your Account. You must notify us (a) immediately of any unauthorized use of your Account and any other breach of security, and (b) ensure that you exit from your Account at the end of each instance of use. We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your Account, either with or without your knowledge, prior to your notifying us of unauthorized access to your Account. However, you agree that you will be liable for any losses incurred by us or another party due to any use of your Account, excluding only uses following your notification to us of unauthorized access to your Account.
You may not transfer your Account to any other person and you may not use anyone else's Account at any time. In cases where you have authorized or registered another individual, including a minor, to use your Account, you are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Services; and (iii) the consequences of any misuse.
Accuracy of Account Information
In consideration of your use of Company Products, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by Company's registration form (such information being "Your Data"), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms. If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or if we believe that such information is untrue, inaccurate, not current incomplete or misleading, then we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you.
User and Submitted Content
Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us on or through Company Products (the "Submitted Content") will be treated as non-confidential and subject to the license below, and may be reproduced, distributed, publicly performed, publicly distributed, communicated to the public, and otherwise used and exploited by us for any purpose related to the delivery, marketing, promoting, demonstrating or operating the Company Products, including, but not limited to, for quality control, redistribution or display to Users, and professional development.
You acknowledge that the Software, the technology underlying the Services, and all other software, designs, courses, tests, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Company Products (collectively, the "Company Content") are the proprietary property of Company and its affiliated and/or third party providers and suppliers (the "Third Parties") .
Other Prohibited Uses
In using the Company Products, you further agree not to:
Any unauthorized or prohibited use of the Company Products or Company Content may subject the offender to civil liability and criminal prosecution under applicable laws.
Refunds and Cancellations
There are portions of the Site that can be accessed for free without any payment. There are also demo versions of most courses available which can be accessed for free withouth any payment. These have been provided to help prospective customers get an indication of the quality of services we offer.
Accordingly, we do not offer any refund or cancellation or money-back policy for any of our courses. Please satisfy yourself thoroughly before purchasing any of our courses or services. All payments made to us are non-refundable in any circumstance.
As you use the Company Products you may notice links to third-party websites ("Third Party Sites"). This may include Instructors sending links to Third Party Sites and/or causing Third Party Sites (such as study resources or online education pages) to pop-up for your review. These links are for convenience only. If you use these links, you will leave the Site. Certain of these Third-Party Sites may make use of Company proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from the Company. The Company is not responsible for the availability or content of these Third Party Sites or for any viruses or other damaging elements encountered in linking to a Third Party Site, whether or not Company is affiliated with the owners of such Third Party Sites. In addition, the provisioning of these links to Third Party Sites is not an endorsement or approval by Company of the organizations sponsoring such Third Party Sites or their products or services, and you may be subjected to offensive, harmful, or damaging content on such Third Party Sites. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites, applications, software or services.
You agree that company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings you may have on or through a third party site or as the result of the presence of any content or advertising on the third party sites.
Disclaimer; Warranty Disclaimer
You understand that when using the company products, participating in a course, or accessing company content or submitted content, you may be exposed to products, photographs, music, artwork, messages, and other materials from a variety of sources, and that company is not responsible for the accuracy, integrity, quality, legality, usefulness, safety of or relating to such products, content or materials. You further understand and acknowledge that you may be exposed to products, content or materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against company with respect thereto.
To the fullest extent permissible pursuant to applicable law, company and its affiliates, partners, licensors, and suppliers hereby disclaim all express, implied, and statutory warranties of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by you from company, an employee or representative of company or through the services will create any warranty not expressly stated herein. Company and its affiliates, partners, licensors, and suppliers do not warrant that the services or any part thereof, or any products or content offered through the services, will meet your requirements or quality expectation or will be uninterrupted, timely, secure, accurate, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the company products, any associated sites or applications, and any third party sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system used in connection with the company products) or loss of data that results from the download or use of such material or data.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall company, or any of its officers, directors, employees, agents, successors or assigns, or any other contractors or third parties be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out or relating to the use, or the inability to use, the company content, the company products, courses, submitted content or any portion thereof, even if we or an authorized representative of company has been advised of the possibility of such damages. The company does not make any representation or warranty of any kind, either express or implied, including but not limited to warranties as to merchantability, fitness for any purpose or use, accuracy, completeness, reliability, performance, satisfactory quality, continued certification of the courses on the site. The company also does not warrant that the courses will precisely meet the requirement of the students. If your use of the company products, company content, services or submitted content or any portion thereof results in the need for servicing, repair or correction of equipment or data, you assume any and all costs thereof. In no event shall company or its licensors or suppliers be liable in the aggregate for any damages incurred by you that exceed the lower out of (a) one hundred dollars or (b) the amount of commissions company has received as a result of your use of company products in the 12 months prior to the action giving rise to the liability.
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of any Submitted Content you submit, post to, email, or otherwise transmit to us or through the Site or Services, your use of the Company Products, the Company Content or any portion thereof, your connection to the Site or Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
Modification of Services
We may add, change or eliminate features, pricing, nomenclature and other aspects of the Company Products and make other changes at any time and these Terms will continue to apply to the Company Products as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Company Products (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of all or any portion of the Company Products.
Mandatory Arbitration: Please read this carefully. It affects your rights. You and company and each of our respective subsidiaries, affiliates, predecessors in interest, successors, and permitted assigns agree to arbitration (except for matters that may be taken to small claims court), as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to these terms or your use of the company products. All such arbitration and/or legal proceedings are subject to be held only in the jurisdiction of the National Capital Territory of Delhi.
Termination of Services; Termination of Agreement
We may terminate your use of the Company Products immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Site from time to time. Furthermore, we may terminate your rights to use the Company Products for any reason or no reason.
In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, disclaimer; warranty disclaimer, limitation of liability, dispute resolution, any other provisions of these Terms which, by their nature, apply after termination, and the miscellaneous provisions below. You agree that upon the termination, we may delete all information related to you on the Services and may bar your access to and use of the Company Products. Upon the termination you will immediately destroy any downloaded or printed Company Content.
You are free to terminate your use of the Company Products at any time. You can simply choose to stop visiting or using any aspect of the Company Products.
a) Entire Agreement: These Terms and any policies applicable to you posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted in the Terms are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns.
b) Severability: If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
c) Waiver: A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
d) Notice: Any notice or other communication to be given hereunder will be in writing and given by facsimile, post-paid registered or certified mail return receipt requested, or electronic mail.
e) No Agency: Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.