Terms and Conditions for Vigyan Central - Education Portal

This Terms of Use (“Agreement”) governs your use of the website https://www.vigyancentral.com/educationgateway which is owned and operated by Vigyan Central - Education Portal (“Company”), a company incorporated under the laws of India, the purposes of this Agreement, “Users” shall mean any person registered with an account on the Platform and uses or accesses the Platform on any computer, mobile phone, tablet, console or other device. The Agreement applies to Users of the Platform on which the Company intends to impart learning and improve skills (“Services”). All or certain Services on the Platform are provided at a cost and the same are subject to the Company’s discretion from time to time. The Services rendered by the Company are set out in detail in https://www.vigyancentral.com/educationgateway

The Services on the Platform are offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained in this Agreement. Your access and/or use of the Services on the Platform constitute your agreement to all such terms, conditions and notices without limitation or qualification and to be bound by this Agreement. If you do not agree to the terms set forth below, you may not access the Platform. For the purposes of this Agreement, “we”, “our” and “us” shall mean the Company and “you” and “your” shall mean User of the Platform.

1.TERMS OF USE SUBJECT TO CHANGE

1.1 The Company may revise the terms of this Agreement at any time by amending this page and the terms hereof. The revised Platform Terms of Use shall be posted on the Platform and you are expected to check the page of the Platform from time to time to take note of any changes the Company makes, as they are binding on you. All changes are effective as soon as the Company posts them and by continuing to use the Platform and/or availing of the Services, you agree to be bound by the revised terms and conditions of use. Your use of the Platform is subject to the most current version of the Terms of Use posted on the Platform at the time of such use.

1.2 The Company reserves the right to refuse access to use the Services offered on the Platform to new Users or to suspend / terminate access granted to existing Users at any time without according any reasons for doing so.

2.PERMITTED USERS AND ACCESS

2.1 You represent and warrant that you have the legal capacity and authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. You shall not access and/or use the Platform if you are not competent to contract under the applicable laws, rules and regulations.

2.2 Individuals under the age of 18 should seek the consent of their parents before providing any information about themselves, their parents, or other family members on the Platform.

2.3 If you represent a company, partnership firm, sole proprietorship or any other organization, you shall be eligible to access the Platform and avail of the Services on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.

3.OWNERSHIP

3.1 All of the content on the Platform, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, live sessions, presentations, any kind of lectures or tutorials, video clips or text, reports generated, trademarks, trade names uploaded by the Company (“Platform Content“), constitute our intellectual property.

3.2 You may access the Platform, avail of the Services and utilize the Platform Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Platform Content, features or facilities of the Platform, directly or indirectly, without prior written permission of the Company. If you would like to request permission to commercially exploit any particular Platform Content, you could contact us at.

3.3 The Company and its licensors, if any, are the sole owners of the underlying software and source code associated with the Platform and all the trademarks, copyright and any other intellectual property rights of any nature on the Platform.

4.USER CONTENT

4.1 You must ensure that any content, in relation the Services, uploaded, posted, shared or submitted by you:

4.1.1 is not abusive or vitriolic;

4.1.2 is not vulgar, sexist, castes, racist or derogatory in any form or manner;

4.1.3 is not in violation of anyone's copyright or intellectual property rights; and

4.1.4 is not vindictive of or targets any person individually or personally on the Platform.

4.2 You grant to us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into our Services any suggestion, enhancement request, recommendation, correction or other feedback provided by you or Users relating to the operation of our Services.

4.3 The Company may be unable to exercise supervisory or editorial control over and/or edit and/or amend all such content that may be inserted or/and made available or transmitted to a third party in or through the Platform and you acknowledge the same. You however understand and agree that we have absolute discretion to refuse to upload, delete and/or amend any such shared user content with cause, including without limitation so as, in its sole opinion, to comply with applicable law and/or moral obligations as placed on the Platform and in order to avoid infringing any third party’s rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the content or without cause, and without notice to you. This shall be without prejudice to the Company’s right to take recourse to such legal proceedings as may be available to the Company, if the Company finds that you have uploaded or utilized any such content in violation of this Agreement.

5. USE OF PLATFORM AND SERVICES

5.1 The Services on the Platform are made available to you for your lawful use only. As a condition of your use of the Platform, you represent and warrant to the Company that you will not use the Platform/Services for any purpose that is unlawful, illegal and/or prohibited by these terms, conditions and notices.

5.2 Your use of the Platform and the Services must: (i) be in accordance with this Agreement; (ii) be lawful and must comply with all applicable domestic and foreign laws, regulations, rules and policies; (iii) be only for purposes that are consistent with the spirit and intended purpose of the Platform; (iv) not infringe the legal rights of any other person, including but not limited to intellectual property rights, proprietary rights, privacy, publicity and personality rights; (v) not be used with any action, device, software or routine that could directly or indirectly, interfere (or attempt to interfere) with the proper working of the Platform.

5.3 The Services and/or the Platform itself is not intended to be a comprehensive or detailed statement concerning the matters addressed and you should seek professional advice and recommendations before acting or omitting to act based upon any information provided on or though this Platform. In making available the Platform/Services, it is the Company’s intention to maintain informative and valuable educational materials that meet the needs of the Users and it is the obligation of the User uploading any content to ensure that such content is free from violations of privacy, disruptive or malicious conduct, and other unlawful and harmful activities. The Company strictly prohibits posting of threatening, libelous, defamatory, obscene, pornographic or other material on the Platform or at any time while availing the Services, that would violate any applicable law. By using the Platform/Services, you agree to refrain from engaging in any of the foregoing conduct.

5.4 Your use of the Platform/Services must not: (i) dilute, depreciate or adversely affect the name and reputation of the Company; (ii) damage, disable, impair, disrupt, compromise and/or degrade the integrity, efficiency, performance or security of the Platform or otherwise result in: (a) the circumvention or breach of any user authentication, password, security or control measures regarding the Platform; and/or (b) unauthorized access to accounts and materials of other Users of the Platform or interference with their use and enjoyment of the Platform.

5.5 Services provided to you are based on each User’s requirements. You shall ensure that the content part of the Services provided to you is not shared or made available to any other person without the prior written consent of the Company. Further, you shall also agree that your access to the Platform Content shall be as part of the Services you avail of on the Platform. You shall not, without the prior written consent of the Company, copy, reproduce, perform, publish, display, distribute, modify, re-format download, license, sub-license or use in any other manner except as provided for as part of Platform Content/Services by the Company.

6. LOGIN NAMES AND PASSWORDS

6.1 User accounts on the Platform may be accessed only by use of a unique login name and password. The use of a password does not restrict access by the Company to the password-protected information. In connection with the creating of accounts and the use thereof, you agree that: (i) you will provide true, accurate, current and complete information while creating your account and maintain and promptly amend and update such information to keep it true, accurate, current and complete; and (ii) you will keep and maintain your login name and password strictly confidential and not share or disclose them to any other person or permit any other person to use them.

6.2 The Company is not under any obligation to verify the actual identity or authority of the User of any login name or password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement. You must immediately notify the Company of any unauthorized use of your login name or password.

6.3 The User acknowledges and agrees that the security and privacy provided by passwords is not complete and can be circumvented in addition to the use of your password being at your own risk.

7. UNAUTHORISED USE

7.1 As a User, you agree not to:

7.1.1 use or launch any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser;

7.1.2 use the Platform Content or Services in any manner that damages, disables, overburdens, or impairs any of our Platforms or interferes with any other party's use of the Platform Content or Services;

7.1.3 attempt to gain unauthorized access to the Services;

7.1.4 sell, resell, rent or lease the Services unless explicitly permitted by the Company;

7.1.5 use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to store or transmit material in violation of third-party privacy rights;

7.1.6 use the Services to store or transmit malicious code;

7.1.7 create derivate works based on the Services or the software unless you have been explicitly authorized by the Company;

7.1.8 reverse engineer the Services or the software or access the Services in order to: (i) build a competitive product or service; or (ii) copy any features, functions or graphics of the Services; or

7.1.9 remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;

7.1.10 use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content; and/or

7.1.11 use the Services for any purpose or in any manner that is unlawful under applicable laws or prohibited by this Agreement.

8. FEES AND PAYMENT

8.1 The Company may charge you fees for all or certain Services offered through the Platform, and/or for access to portions of the Platform. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred ("Fees"). The Company reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, which shall be effective immediately upon such change.

8.2 Any and all Fees paid by you to the Company shall be non-refundable under any circumstances whatsoever. However, the Company, at its sole discretion, may make exceptions from time to time.

8.3 You agree and understand that you will be redirected to third party payment gateway websites in order to purchase/procure/avail of any Services.

8.4 You agree, understand and confirm that the debit card/credit card/net banking/ payment wallet details provided by you will be correct and accurate and you shall not use the debit card/credit card/net banking/payment wallet account which is not lawfully owned by you.

8.5 If you submit your cards, debit cards, net banking or wallets information to the Company on the Platform upon registration or otherwise, you give the Company permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. If payment cannot be charged to your credit, debit or charge card or your payment, the Company reserves the right to either suspend or terminate your account and all its obligations under this Agreement.

8.6 You agree to fully cooperate with us in an effort to resolve any problems we encounter while processing your requested order. We will not have the obligation to provide the Services, in the event the payment transaction fails and the appropriate amount is not duly received.

8.7 When you make a payment using our Platform, including by way of credit cards, debit cards, net banking or wallets, it is your responsibility to retain the relevant payment details for purpose of any refund transaction. The Company will not entertain any cancellation/refund request initiated by you. Any such refund, if any, shall be processed to the bank account which was used to make the payment.

8.8 It is hereby clarified that the Company is only a facilitator in the process of payment and we are not capturing any credit card/debit card/net banking /payment wallet details of any User. Further the said information will not be utilized and shared by us.

9. RIGHTS RESERVED BY THE COMPANY

9.1 The Company has the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions.

9.2 While the Company does not have any obligation to monitor your access to or your use of the Services (or any feature or part of the Services), the Company has the right to do so for the purpose of operating the Platform and providing the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law.

9.3 Subject to the receipt of a complaint from a User, the Company has the right but not an obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service.

9.4 In the event you delete your User account on the Platform, the Company will strive to delete all User content associated with the account to the extent the same is technologically feasible. However, the Company may retain some User content: (i) for the purposes of record keeping; and/or (ii) as per applicable law.

9.5 Our performance as per this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this Platform, Services, features and facilities or information provided to or gathered by us with respect to such use.

10. THIRD PARTY SERVICE PROVIDERS OR THIRD-PARTY SOFTWARE

10.1 We may use third-party service providers for rendering any of the Services without seeking further consent from you. We will not be responsible for any exchange of data between you and any such third party provider. We do not warrant or support third party applications, products or services, whether or not they are designated by us as “certified” or otherwise.

11. PRIVACY POLICY

11.1 Access to and use of this Platform is subject to the Privacy Policy. We respect your privacy. The Company will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others.

12. LINKS TO THIRD PARTY SITES

12.1 The Platform may include advertisements for, and links to, other websites or resources and businesses operated by other persons (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company has no responsibility or liability for any Linked Site, its contents, business, products and services, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

12.2 Links to the Linked Sites are provided solely for your convenience and the inclusion of any link does not imply endorsement by the Company of any Linked Sites or their content or the products or services available through the Linked Sites or any association with its operators. Your use of the Linked Sites and your dealings with the owners or operators of the Linked Sites is at your own risk and any concerns regarding any such service or resource, or any link thereto, should be directed to that particular service or resource. You shall not make any claim against the Company arising out of or in connection with your use of the Linked Sites or your dealings with the owners or operators of any of the Linked Sites.

13. INDEMNITY

13.1 You agree to indemnify, defend and hold harmless the Company and all other persons related to, associated or connected with the Company, from and against any and all liabilities, losses, damages, costs and expenses, including without limitation reasonable legal fees, incurred by the Indemnified Parties in connection with any claim, demand or other action arising out of, related to, or connected with your use of the Platform or your breach of this Agreement.

14. DISCLAIMER

14.1 You agree that you are availing of the features and facilities at your own risk. The Services, features and facilities are provided on an "as is" basis. The Company expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

14.2 The Company make no warranty that the features and facilities shall meet your requirements, that the features and facilities shall be uninterrupted and/or timely and/or secure and/or error free; nor does the Company make any warranty as to the results that may be obtained from the use of the features and facilities or as to the accuracy or reliability of any information obtained from the features and facilities.

14.3 There are no representations and warranties, whether express or implied, made by the Company regarding the accuracy and/or quality of any information transmitted and/or products / Services obtained through the use of the Services, features and facilities. No advice or information, whether oral or written, obtained by the user from the Company or through or from the services, shall create any warranty by the Company.

14.4 You shall ensure that while using the features and facilities of the Platform, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied by you and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by you.

14.5 The Company do not warrant that this Platform or any of the websites linked to the Platform be free of any operational hazards or errors or that it will be free of any virus or/and worm or/and any other harmful components.

14.6 The operation of this Platform and providing the Services may be affected by numerous factors beyond the Company’s control. The Company does not warrant or guarantee that the operation of this Platform/Services will be continuous, uninterrupted or secure. Security and privacy risks cannot be eliminated and the Company disclaims any and all liability in connection therewith.

15. LIMITATION OF LIABILITY

15.1 ACCESS TO THIS PLATFORM AND ITS CONTENT, INCLUDING FEATURES AND FACILITIES PROVIDED FOR HEREIN ARE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. THE COMPANY EXPRESSLY DISCLAIM ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY DEFAMATORY, OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPHS OR PICTURES OR ON ACCOUNT OF ANYBODY ALTERING OR DISTORTING THE IMAGES AVAILABLE IN THIS PLATFORM IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THAT The COMPANY RESERVEs THE RIGHT TO TERMINATE YOUR RIGHT TO ACCESS AND AVAIL OF THE FEATURES AND FACILITIES IMMEDIATELY, WITHOUT PREJUDICE TO INITIATING PROCEEDINGS UNDER THE RELEVANT PENAL PROVISIONS UNDER THE INDIAN INFORMATION TECHNOLOGY ACT, 2000 OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY THAT MAY HAVE JURISDICTION OR BE AUTHORIZED TO DO SO IN THIS REGARD FROM TIME TO TIME.

15.2 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS PLATFORM’S SERVICES, FEATURES AND FACILITIES OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., OR INABILITY TO USE THIS PLATFORM, THE PROVISION OF OR FAILURE TO PROVIDE THE FEATURES AND FACILITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS PLATFORM OR ANY OTHER SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.

16. SECURITY

16.1 The Company has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

17. TERMINATION

17.1 The Company may, at any time, in its sole discretion, cease to provide and maintain the Platform to any User.

17.2 The Company may, in its sole discretion: (i) without cause, suspend or terminate your account and your access to the Platform without any notice or liability to you or any other person; and/or (ii) immediately suspend or terminate your account and your access to the Platform if you violate or otherwise fail to comply with this Agreement. Upon any suspension or termination: (i) the Company may retain or delete, in its sole discretion, any information or content that you previously submitted on the Platform; and (ii) you will not and will not attempt to create another account for accessing and using the Platform without the written consent of the Company.

17.3 You acknowledge and agree that the Company shall have no liability to you or any other Users of the Platform in the event the Company takes any of the aforesaid actions.

17.4 Notwithstanding the termination of this Agreement, you shall continue to be bound by this Agreement in respect of your prior use of the Platform and all matters connected with, relating to or arising from such use.

18. AMENDMENTS

18.1 This Agreement is subject to change by the Company without notice. The Company reserves the right to amend, change and/or modify the terms of this Agreement at any time and from time to time in its sole discretion. Such amendments and modifications shall be effective immediately upon posting of the amended/modified agreement on the Platform. You agree to review this Agreement periodically to be aware of such amendments/modifications and your continued access and/or use of the Platform shall be deemed your conclusive acceptance of the amended/modified agreement.

19. ASSIGNMENT

19.1 You may not assign or transfer any rights, obligations, or privileges that you have under this Agreement. Subject to the foregoing, this Agreement will be binding on your successors. Any assignment or transfer in violation of this clause will be deemed null and void. However, the Company shall have the right to assign its rights and obligations under this Agreement to any third party.

20. AGENCY

20.1 Nothing in this Agreement is intended to or creates any type of joint venture, employee-employer, partnership, or any fiduciary relationship between you or and the Company. Further, except as expressly provided: (i) neither you nor the Company shall be deemed to be an agent or representative of the other by virtue of this Agreement; (ii) neither you nor the Company is authorized to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other; and (iii) without limiting the generality of the foregoing, neither you nor the Company will enter into any contract, agreement, or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other.

21. GOVERNING LAW AND JURISDICTION

21.1 This Agreement shall be governed in all respects by the laws of India without giving effect to any conflicts of law principles that may require the application of the law of a different state or country.

22. VALIDITY OF THIS AGREEMENT

22.1 This Agreement shall apply when you access the Platform and avail of the Services, features and facilities and shall extend to the Platform Content, if any, for so long as it remains on this Platform.

23. ELECTRONIC COMMUNICATION

23.1 By accepting the terms of this Agreement, you expressly grant your consent to receive notices and communication electronically from the Company unless expressly intimated to the Company otherwise. Communications shall be posted on the Platform and all such communications will be deemed to be in "writing" and received by you when posted thereon. You are responsible for printing, storing, and maintaining your own records of such communications. All notices to the Company should be sent to the designated email address (es) provided for herein.

24. MISCELLANEOUS PROVISIONS

24.1 This Agreement constitutes the entire agreement between the Company and the User with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings, agreements or communication, written or oral, regarding such subject matter.

24.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall be enforced.

24.3 If you should have any suggestions or questions regarding the terms and conditions of this Agreement, please contact the Company at contact @VCentral Education