Terms and Conditions

TERMS OF USE


  • GENERAL

 

  1. This Terms of Use is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and amended from time to time. This Terms of Use does not require any physical, electronic or digital signatures. 

 

  1. This Terms of Use is a legal agreement between you and Parikshe (an initiative of SIFF Ventures Private Limited) (“us”, “our”, “we”, “Company”) with respect to your access and/ or use of our website, [•] and/ or our application, [•] (hereinafter, collectively referred to as “Platform”) and/ or our Services (defined below). The Company and the User (defined below) are hereinafter collectively referred to as the “Parties” and individually as a “Party.” Further, for the purposes of this Terms of Use, the terms:
  1. “Company Content” shall mean and include material/ content in the form of text, images, video, graphics, audio-visual works, and any other work or material available through, contained in, displayed at, communicated through, reproduced at or by the Platform; Courses (defined below), or any material/ content in relation to the Course(s) and/ or Services; that is owned by or licensed to the Company. Further, it also includes the design, structure, selection, coordination, expression, look, feel and arrangement of the Platform. 
  2. “Force Majeure Event” shall mean any event that is beyond the Company’s reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, pandemic, epidemic, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided they are beyond our reasonable commercial control), power or electricity failure or unavailability of adequate power or electricity.
  3. “User” or “you” or “your” shall refer to person(s) (individual(s) or entity/ies) who access and/ or use our Platform and/ or our Services.

 

If you are a minor, your use of our Platform and/ or Services: (i) shall be made available to you by your parent or guardian, who has agreed to these Terms of Use and other policies of the Company; and (ii) should be under the supervision, consent and acknowledgement of your parent or guardian. You hereby acknowledge that in the event you, a minor, is using the Platform and/ or Services, it is assumed that your use is made available by your parent/ guardian and that you have obtained the consent of your parent/ guardian.


  • OUR SERVICES

 

  1. We are an education-technology platform that, inter alia, offers a range of courses tailored to meet the diverse needs of various category of students. We offer both free as well as subscription-based courses, designed to ensure accessibility to education and to assist students to achieve their academic goals. The detailed description of all the courses that we offer (hereinafter, “Courses”) are provided here. Based on your requirement, you may choose and avail/ purchase any of our Courses. by following the instructions you will be provided with, as you navigate through the Platform. 

 

  1. The Services offered, and the validity of your subscription may vary depending on the plan you may avail or purchase. Hence, before you subscribe to any of our plan(s)/ Course(s), please read and understand the details of the subscription(s) you intend to avail or purchase on the Platform. If you are unclear about any part of the subscription offering or need further clarification, please feel free to write to us, at the email address provided in Clause 15 below. 

 

  1. Renewal of any paid-subscription plan(s) will be undertaken at the then applicable pricing at the time of such renewal.

 

  1. The Company issues a personal license only. The Course(s) are solely for the benefit of the person subscribing and is not allowed to be resold or transferred to or shared with any other person for consideration or otherwise. In the event we get to know that any User has resold / transferred / shared the Services with another person, then the Company retains the right to forthwith suspend/ cancel/ terminate the subscription, and to exercise other remedies available to it.  

 

  1. The Company reserves the right to add, modify, change, or alter the features made available through any of the subscription plans/ Course(s) (including the commercial terms such as prices, discounts (if any), etc.), at any time, in its sole discretion. You understand and acknowledge that all such additions, modifications, changes, or alterations will become applicable with immediate effect upon their updation on the Platform, without special notice to you. 

 

  1. We will also enable you to create your personal profile and account with us (“Account”), so you can experience the best of what we are and what we offer. 

 

  1. We will use reasonable commercial efforts to make the Courses available to you. All the Courses that we will offer to you, and any incidental or other services that we may render to you in relation to making these Courses available to you, shall hereinafter be referred to as the “Services.” These Services will be delivered or deliverable by us to you, via the Platform. The Services available to you may vary depending on the nature of your arrangement with us. Further, we may, at our sole discretion, add, modify, or remove any of the Services listed on our Platform, from time to time, without special notice to you.


  • TERMS OF ACCESS 

 

  1. Access, use and browsing of the Platform and the use of our Services is only authorized subject to your compliance with these Terms of Use and all applicable laws. If you do not agree to these Terms of Use, you should not use our Platform and/ or Services. These Terms of Use shall apply whenever you access or use the Platform and/ or our Services. By accessing or using our Platform and/ or our Services, you agree that you have read, understood, and agreed to be bound by the Terms of Use.

 

  1. Upon your consenting to the Terms of Use and any other policies of the Company (which are incorporated by reference into this Terms of Use), and other arrangements executed with the Company, if any, the Company hereby grants you a limited, revocable, non-assignable and non-exclusive licence to access and/ or use the Platform and/ or avail our Services, and the Company will use reasonable commercial efforts to provide you the Services.

 

  1. Any new features, tools, products or services that are added to the Platform, and/ or the subject matter of the Services shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on the Platform. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/ or changes. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of or access to the Platform and/ or use of the Services following the posting of any changes constitutes your acceptance of those changes.

 

  1. Deviations from and/ or additions to these Terms of Use are only valid if agreed to explicitly by the Parties.  


  • ACCOUNT

 

  1. You represent and warrant that all the information you provide in connection with your Account is accurate, and it is your responsibility to ensure the accuracy of all such information, at all times. 

 

  1. Your Account with us is personal to you, and you may not share your Account information with, or allow access to your Account by, any third party. You will be responsible for all activity that occurs under your Account credentials, and you agree to use best efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your Account credentials. 

 

  1. If you have any reason to believe that there is any breach of secrecy with regard to your Account or that your Account has been accessed by a third party, you agree to immediately notify us. 


  • PAYMENTS

 

  1. In the event you wish to subscribe to our paid Courses, you agree to pay all subscription fees and charges that are attributable to your account, and you are solely responsible for payment of these fees and charges. The subscriptions are payable in full and in advance and are valid until the completion of the applicable subscription period or until otherwise cancelled or terminated in accordance with these Terms of Use. You hereby understand and agree that we reserve the right to change/ revise the pricing of the subscriptions. If you have not completed payments for your subscriptions, we may restrict / suspend your access to the Platform/ Services until your account becomes current and paid in full. 

 

  1. The Company currently uses third party payment processors/ services providers to process payments on its Platform. Our third-party payment processors accept payments through various options, including, UPI/ net banking/ debit cards /credit cards, as detailed on the applicable payment screen. The payments you make will be governed by the terms and conditions of such third-party payment processors.

 

  1. You understand and agree that we have a strict no-refund policy. We will not refund any payment that you may have made to us, or any portion thereof, under any circumstances whatsoever.


  • COMPANY RIGHTS

 

  1. You understand, agree and acknowledge that the Company (or its licensors) solely and exclusively owns all rights, title and interest, including rights in intellectual property (“IP”) such as trade mark rights, copyright, patents, trade secrets, design rights (wherever applicable), and any other rights whether recognised by law or business practice or otherwise, whether vested, contingent or future, and whether or not currently recognised in any jurisdiction in the world (expressly including any and all renewals, revivals, revisions and extensions rights thereof) which subsist in or arise in relation to our business, operations, technologies, algorithms, Company Content, Courses, Platform, and/ or our Services. Nothing in these Terms of Use shall be construed to mean that you or any third party have any right, title or interest whatsoever in relation to the foregoing. 

 

  1. You further acknowledge and confirm that your use of the Courses and/ or any goodwill established thereby, shall inure to the sole and exclusive benefit of the Company, and this Terms of Use does not create any goodwill or other interests in the Courses or our IP your favour. 


  • USER CONTENT

 

  1. You are solely responsible for any and all content you display on, or transmit via or upload on the Platform or otherwise send to us by any other means, and the Company disclaims all liability and responsibility even if the Company enables you to upload such content onto the Platform and/ or to otherwise transmit it to us. By submitting content to us, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed) and to associate your content with you, except if otherwise agreed to. 

 

  1. Users are not permitted to upload, transmit, distribute or otherwise publish through the Platform or transmit to us, any content or comments which inter alia are, and/ or could be considered, to: 
  1. be defamatory, obscene, pornographic, threatening, invasive of privacy, infringing intellectual property rights, proprietary rights, publicity rights or any other rights; 
  2. be abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability or violate any law; or
  3. contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.


  • USE OF PLATFORM/ SERVICES

 

  1. You agree to use the Platform only to avail the Services. You agree not to engage in activities that may adversely affect the use of the Platform or Services by us or other Users. Further, your use of our Platform and/ or Services shall solely be for your personal and non-commercial use. 

 

  1. You agree not to access (or attempt to access) the Platform and/ or our Services by any means other than through the interface that is provided by us. You will not access the Platform/ Services in any manner that could damage, disable, overburden or impair any of the Platform servers or the networks connected to any of the servers on which the Platform is hosted. You shall not distribute, upload, publish, modify, translate, broadcast, display, sell, transmit or retransmit any Company Content or anything subject to our rights or create any derivative work and/ or content based on any content or rights which is not owned by you or interfere with, or circumvent any right(s) associated with the Company. 

 

  1. You will not, nor allow third parties on your behalf to: (i) resell or charge others for use of or access to the Platform or any Company Content or our Services (or any portion thereof); (ii) duplicate, alter, modify, disassemble, decompile, copy, distribute, transfer, exchange or translate Company Content or any part thereof, in any medium, or create derivative works of the Company Content, of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Company Content.

 

  1. You shall, at all times, comply with applicable laws at the time of using the Platform and/ or our Services. Wherever applicable, you will also ensure that all the employees, representatives and other Users of the Platform and/ or our Services, accessing from your licenses with the Company, also adhere to these Terms of Use and the obligations mentioned herein.

 

  1. You understand that the Platform/ Services, may contain third-party content submitted to us by other Users or third parties. We expressly disclaim any liability arising out of the content contributed by such Users/ third parties and/ or usage of products or services provided by such Users/ third parties. The Platform may contain articles contributed by several Users/ third parties, and the views expressed are exclusively their own and do not represent the views of the Company and/or its management. If the Platform or we provide links to other websites or destinations, you should not infer or assume that we operate and/ or control it. In such cases, you will be deemed to be governed by the terms of use and privacy policies of such third-party platforms. You agree and understand that the Company assumes no responsibilities for content on such third-party websites. 

 

  1. We may provide you with access to third-party tools which we neither monitor nor over which we have any control or input. You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party tools. Any use by you of such third-party tools offered by us through the Platform or otherwise, is entirely at your own risk and discretion; and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


  • INDEMNIFICATION & DISCLAIMERS

 

  1. The User explicitly agrees to fully indemnify and hold harmless the Company and its employees, directors, partners, owners, associates, licensors and affiliates from and against any and all actions, claims, charges, costs, demands, damages, losses, expenses, suits, proceedings, and liabilities of whatever nature and howsoever arising (including, but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss, whether or not pecuniary), incurred or suffered by any or all of them, directly or indirectly, by reason of: (i) any act of commission or omission which the User commits directly or indirectly in relation to the Platform or the Company Content; (ii) any breach by the User of its obligations under these Terms of Use or any other policies of the Company, or any other agreement that it may have entered into with the Company; (iii) violation of the Company’s/ third-party rights by the User, including but not limited to infringement of any intellectual property, proprietary rights or right to privacy; (iv) violation of any applicable law by the User; or (v) any third party claim; or (vi) any other reason attributable to the User. The provisions of this indemnification clause shall survive the termination of the subscription or access of the Platform in any manner.

 

  1. You acknowledge that the Platform and/ or the Services is made available on an “as-is” basis. We do not guarantee, represent or warrant in any manner that your use of our Platform and/ or Services will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from the use of the Platform and/ or Services will be accurate or reliable or effective in nature. You understand and accept that the reliance on the Platform and/ or Services is solely at your own judgement and risk. You should take all responsibility for your own actions in utilising the Platform and/ or Services, and we shall not be liable for any such action or consequence thereof. 

 

  1. The Company explicitly disclaims all warranties, express or implied, (whether direct or indirect, or pecuniary or otherwise) including, without limitation the implied warranties of merchantability, completeness and fitness for a particular purpose, for any errors or omissions therein, and for any results which may be/ are obtained/ obtainable in relation to the use of the Platform and/ or our Services, including non-infringement with respect to any Company Content. The User agrees to such disclaimer of liability, and agrees that it is reasonable. Further, it is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable your access and use of the Platform and/ or our Services.

 

  1. The usage of our Services is not endorsed as a substitution to the curriculum-based education provided by the educational institutions, but is intended to supplement it. The Company acknowledges that there are various means of structuring and delivering pedagogy and inclusion of methods in the Services does not imply endorsement of any particular method; and exclusion does not imply disapproval. Subscription to our Services does not in any manner guarantee admission to any educational institutions or passing of any examination/ interviews or achievement of any specified objective.

 

  1. You further understand that when using the Platform and/ or our Services, you may be exposed to content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such content on the Platform. The Company may, but is not obligated to, monitor or control the content. Any use or reliance on any content is at your own risk.

 

  1. Each User explicitly agrees that under no circumstances shall the Company and/ or its employees, directors, owners, associates, licensors and/or affiliates be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising, including, without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if any/all of them has/have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Platform and/ or the Services, any third-party products and services viewable at/ through Platform, or any third party site including any linked site or referred site.

 

  1. Subject to the aforementioned clauses, the indemnification obligations of the Company, its subsidiaries, affiliates, and their licensors, employees, agents, officers, and directors (“Company Indemnifiers”) (regardless of the form of action, whether in contract, tort, or otherwise) for any claims by the Users, on account of any losses, liabilities, damages or expenses, shall be limited to: (a) in case of individual Users who have subscribed to annual/ yearly plans, 5% (five percent) of the then applicable subscription fees paid by them (for the specific Course(s) pertaining to which the claim arose) in the last 3 (three) months prior to the date the claim arose that will be determined on the pro rata basis; and (b) in case of individual Users/ subscribers who have purchased any other Course(s) 5% (five percent) of the then applicable subscription fees paid by them (for the specific Course(s) pertaining to which the claim arose), and prior to the date the claim arose. In any event, they will need be claimed within 30 (thirty) days of such issues arising onto the Users. In the event a User uses the Platform/Services without being required or obligated to pay the Company any monetary consideration or fees for availing such Services, the collective liability of the Company Indemnifiers, to any party (regardless of the form of action, whether in contract, tort, or otherwise), will not exceed INR 500 (Indian National Rupees Five Hundred).


  • REPRESENTATIONS AND WARRANTIES

 

  1. You represent and warrant that:

(a)     You are a person of legal age to form a binding contract, in accordance with the applicable laws of the territory/ country from where you are accessing/ using the Platform or our Services. 

(b) If you are a minor (under the law applicable to you), you possess the legal consent of your parent or guardian to access or use our Platform/ Services. 

(c) In case you are accessing/ using the Platform/ Services as a representative of and on behalf of any organisation or legal entity, you hereby represent and warrant that (a) you have the full authority to represent such legal entity and have the power to bind them to these Terms of Use; and (b) you understand that the Terms of Use, upon acceptance by you, is applicable to and binds all other persons accessing and/ or using the Platform and/ or the Services on behalf of the same legal entity or organisation for this purpose. In such cases, the references to “User”, “you” and “your” in these Terms, shall mean such organization or entity on whose behalf you have consented to the Terms of Use.

(d) These representations and warranties shall survive the termination of this Terms of Use.


  • TERMINATION

 

  1. The Terms of Use will continue to apply until terminated either by you or us as set forth below. If you want to terminate the application of these Terms of Use, you may do so by not accessing/ using, or stopping to access/ use our Platform/ Services. 

 

  1. You hereby irrevocably understand that we reserve the right at our sole and exclusive discretion to deny/ cease your access to the Platform or Services, temporarily or permanently without liability or notice if: 
  1. You access or use of Platform/ Services in an unauthorized manner; 
  2. You breach any of the provisions of the Terms of Use, the privacy policy or any other terms, conditions, agreements or policies that may be applicable to you from time to time;
  3. We are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful or upon receiving request for termination by law enforcement or other government agencies); or
  4. We have elected to discontinue, with or without reason, your access to the Platform, Services, or any part thereof.

 

  1. Any such termination or restriction in access to the Platform/ Services shall be without prejudice to other rights of the Company herein or under applicable law (including obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances). Upon such termination, the Company shall have no liability towards such User and no further obligations under these Terms of Use.

 

  1. Your obligations and liabilities incurred prior to the termination date (including any payment obligations) shall survive the termination of this Terms of Use for all purposes. Further, upon termination of this Terms of Use, we may delete any content or other materials relating to your use of the Platform and/ or the Services and we will have no liability to you or any third party for doing so.


  • COMMUNICATIONS

 

  1. When you use the Platform or Services or send any content or communication to us, you agree and understand that you are communicating with us through electronic records, and you also consent to receiving communications via electronic records from us periodically and as and when required. 

 

  1. We will communicate with you by email and/or via the Platform, and/or mobile number available with us. You are responsible for providing and maintaining current email, mobile phone, address (current/ temporary and permanent), and other Account related information with us. You further warrant that information provided to us shall be correct and are bound to inform to us promptly, if any change occurs in the information provided earlier.

 

  1. The Company may, based on the nature of your transaction with us or your registration with us, contact the User through SMS, email and call, to give information about the Company’s offerings, products and/ or services, as well as notifications on various important updates and/ or to seek permission for demonstration of its products/ services. The User expressly grants such permission to contact him/ her in this regard.


  • FEEDBACK

 

Any feedback you provide with respect to the Platform/ Services shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (a) your feedback does not contain confidential or proprietary information of you or of third parties; (b) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (c) you are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.


  • OTHER TERMS

 

  1. Data & its protection: The manner of collection and use data by the Company, including personally identifiable information and non-personally identifiable information shall be governed by the Privacy Policy. In any event, please note that the Company does not trade or sell any personally identifiable information of the Users in any manner.

 

  1. Assignment: It is agreed that the Company is entitled to assign, licence or sub-licence to any party or person either wholly or partially its benefits/rights and/or obligations under these Terms of Use, and/or to assign these Terms of Use itself. The User is not entitled to transfer/ assign his own obligations herein to any other party at any time, and/ or to assign these Terms of Use itself without the consent of the Company. Subject to these limitations, these Terms of Use will inure to the benefit of and be binding upon the Parties, their successors, heirs, administrators and permitted assignees, as the case may be.

 

  1. Waiver: Failure by the Company to insist upon strict performance of any of the terms and conditions herein, or delay in exercising any of its remedies, shall not constitute a waiver of such terms and conditions, or a waiver of any default, or a waiver of the right to any remedy.

 

  1. Severability: If any term, condition, or provision in the Terms of Use is found to be invalid, unlawful or unenforceable to any extent, it will be severed from the Terms of Use, and the remainder of the Terms of Use will then continue to be valid and enforceable to the fullest extent permitted by law, unaffected by the severance.

 

  1. Force Majeure: Neither Party shall be liable to the other Party or to any third party for any failure or delay on its part in performing any of its obligations under this Terms of Use where such failure or delay is caused by an event of Force Majeure Event. Nothing herein will affect any payment obligations of a Party, which shall not stand affected by a Force Majeure Event.

 

  1. Survival: The Parties hereto agree and confirm that the provisions that by their very nature are meant to survive these Terms of Use, will survive its termination, including provisions relating Company’s rights (including right to payment), undertakings and obligations of the User, representations and warranties, indemnification and disclaimers, governing law and dispute resolution and notices.

 

  1. Governing Law and Dispute Resolution: These Terms of Use shall be governed exclusively by the laws of India, notwithstanding the conflict of law principles. Subject to the provisions in relation to arbitration in these Terms of Use, all matters, claims and disputes arising under and in respect of these Terms of Use shall be subject to the exclusive jurisdiction of competent courts in Bangalore to which the Parties irrevocably submit themselves. In the event of any question, dispute or difference whatsoever arising between the Parties to these Terms of Use out of or relating to the construction, meaning, scope, operation or effect of these Terms of Use or the validity or the breach thereof, it shall be referred to a sole arbitrator to be appointed by the Company, provided that the arbitrator is not financially interested with Company or its directors, other than towards payment of the arbitration fees. The provisions of the Arbitration and Conciliation Act, 1996, will be applicable and the award made and substantiated in writing thereunder shall be final and binding upon the Parties hereto, subject to legal remedies available under the law. The arbitration proceedings will be conducted in Bangalore in English, and governed exclusively in all respects by the law of India.

 

  1. Brand usage: The Company shall be entitled to use the name/ brand name, logo, image, and/or testimonials of the Users (if and as applicable) for the limited purposes of business development and investor information. Further, we will also use them on our Platform, and in all our marketing communications and material, subject to you permitting us to do so.

 

  1. Notices: Any notices, requests, demands or other communication required or permitted to be given under this arrangement shall be written in English and shall be delivered by email or internationally recognised courier service and properly addressed to the designated representative of each Party. Any notice, request, demand or other communication delivered to the Party to whom it is addressed as provided in this section shall be deemed to have been given and received, (i) if sent by internationally recognised courier service on the date on which it is received by the other party, as acknowledged by the courier service; and (ii) if sent by e-mail, the day immediately after the date of transmission of the e-mail.


  • CONTACT US 

 

If you have any questions, complaints or claims with respect to the Platform or our Services, please direct your correspondence to the e-mail address as given below.

 

Email: contactus@parikshe.in

 

We shall respond to and address all reasonable concerns or inquiries in a reasonable amount of time.