If you wish not to agree with any of the terms and conditions of this Policy, kindly refrain from using the Website, Application or its products or until satisfaction for you to use the same by its Sales/Marketing/Technical/Legal Team, avail any of these services.
1.1 We agree to perform the Services with due care and skill.
1.2 We reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal.
1.3 We will provide the Services for the period set out at the time of Enrolment and Pricing Guide for your selected Course Program (Service Period). At the end of the Service Period, the parties may agree to continue the Services under these Terms for an additional period as per procedure.
1.4 We may provide the Services to you using our employees, contractors and third party providers, and they are included in these Terms.
1.5 If you request to modify the Enrolment Agreement (Enrolment Variation), we have discretion as to whether we accommodate Enrolment Variation and whether an adjustment to the Fees outlined in the Enrolment Agreement may be required (?Variation Fee).
1.6 If we agree to perform an Enrolment Variation, then we will inform you of any Variation Fee. You need to approve the Enrolment Variation and Variation Fee by signing a new Enrolment Agreement before we will provide the Services according to the Enrolment Variation. We will invoice you for the Variation Fee.
2. User Provided Information
2.1 The Application/Website/Services/products records when you download and register for the Application or Services or products. When you register with us, you generally (a) your name, age, email address, phone number, password and your ward’s educational interests; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) information you enter into its system when using the Application/Services/products, such as while asking doubts, participating in discussions and taking tests.
2.2 The information collected from the users could be categorized as “Personal Information“, “Sensitive Personal Information” and “Associated Information“. Personal Information, Sensitive Personal Information and Associated Information (each as individually defined under this Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (the “Data Protection Rules“)) shall collectively be referred to as “Information” in this Policy.
2.3 ABHYAS’S may use this Information to contact you from time to time, to provide you with the Services, important information, required notices and marketing promotions. ABHYAS’S will request you when it needs more information that personally identifies you (personal information) or allows us to contact you.
2.4 ABHYAS’S will not differentiate between who is using the device to access the Application, Website or Services or products, so long as the log in/access credentials match with yours. In order to make the best use of the Application/Website/Services/products and enable your Information to be captured accurately on the Application/Website/Services/products, it is essential that you have logged in using your own credentials.
2.5 ABHYAS’S will, at all times, provide the option to you, not to provide the Personal Information or Sensitive Personal Information, which it seeks from you. Further, you can, at any time while using the Application/Services/products, also have an option to withdraw your consent given earlier to it, to use such Personal Information or Sensitive Personal Information. Withdrawal of the consent by you is required to be sent in writing to us at the contact details provided in this Policy below. In any such event, ABHYAS’S or the Company fully reserves the right to withdraw further usage of the Application/Website or provide any further Services/products there under to you.
3. SELF LEARNING PRODUCT (SLP)
You acknowledge and agree that:
3.1 students have access to a specific number of SLP depending on Course Program selection;
3.2 SLP are dependent on class and ABHYAS Academy does not guarantee that your preferred tutorial will be available;
3.3 SLP are designed to assist you only in relation to subjects you are enrolled in at ABHYAS Academy;
3.4 SLP are not directed learning. It is your responsibility to read more books and study materials, no additional material will be provided;
3.5 unused SLP topics/concepts within your selected Course Program do not rollover at the end of Term;
3.6 To complete SLP is your responsibility and ABHYAS will not be responsible for any chapter left out
4. Automatically Collected Information
4.1 ABHYAS website and other related application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application/Services/products.
4.2 As is true for most websites, ABHYAS’S also collects other relevant information as per the permissions that you provide.
4.3 ABHYAS’S uses an outside credit card processing company to bill you for the goods and services availed by you. These companies do not retain, share, store or use personally identifiable information of you for any other purpose.
5. Use of your Personal Information
5.1 ABHYAS’S uses the collected Information to analyse trends, to conduct research, to administer the Application/Services and products, to learn about each user’s learning patterns and movements around the Application/Services and products and to gather demographic information and usage behaviour about its user base as a whole. Aggregated and individual, anonymized and non-anonymized data may periodically be transmitted to external service providers to help us improve the Application, products and its Services. ABHYAS’S will share your information with third parties only in the ways that are described below in this Policy.
5.2 ABHYAS’S may use the individual data and behavior patterns combined with personal information to provide you with personalized content, and better your learning objectives/experience. Third parties provide certain services which we may use to analyze the data and information you provide to personalize, drive insights and help it better your experience or reach out to you with more value added applications, products, information and services. However, these third party companies do not have any independent right to share this information. ABHYAS’S does not sell, trade or rent your Information to any third party unless, we have been expressly authorized by you either in writing or electronically to do so. ABHYAS’S may at times provide aggregate statistics about its customers, traffic patterns, and related site information to reputable third parties, however this information when disclosed will be in an aggregate form and does not contain any of your Personally Identifiable Information.
5.3 ABHYAS’S will occasionally send email notices or contact you to communicate about its Services, products and benefits, as they are considered an essential part of the Services/products you have chosen.
ABHYAS’S may disclose Information:
- as required by law, such as to comply with a subpoena, or similar legal process;
- to enforce applicable terms and conditions, including investigation of potential violations thereof;
- when it believes in good faith that the disclosure is necessary to protect its rights, protect your safety or the safety of others, investigate fraud, address security or technical issues or respond to a government request
- with its trusted services providers who work on its behalf, do not have an independent use of the information ABHYAS’S discloses to them, and have agreed to and adhered to the rules set forth in this Policy
- to protect against imminent harm to the rights, property or safety of the Application/Website or its users or the public as required or permitted by law;
- with third party service providers in order to personalize the Application/Website/Services/products for a better user experience and to perform behavioural analysis;
- Any portion of the Information containing personal data relating to minors provided by you shall be deemed to be given with the consent of the minor’s legal guardian. Such consent is deemed to be provided by your registration with ABHYAS’S.
6. Access to your Personal Information
6.1 ABHYAS’S will provide you with the means to ensure that your Personal Information is correct and current. If you have filled out a user profile, it will provide an obvious way for you to access and change your profile from its Application/ Services/ Website/ products. ABHYAS’S adopts stringent security measures to protect your password from being exposed or disclosed to anyone. Only upon you forgetting the password for its Application/Website or Services, ABHYAS’S will have a right to reset the same to you with your prior approval as per standard web practices.
7. DEFAULT OF DIRECT DEBIT
7.1 In the case of direct debit payments which are declined by your financial institution, the following procedures or policies will apply:
(a) we treat the payment as if it was never made;
(b) we reserve the right to cancel the direct debit request at any time if drawings are returned unpaid by your financial institution;
(c) Abhyas will make all reasonable efforts to contact your parent or guardian directly however, if the account remains overdue after 7 days, we reserve the right to suspend your enrolment and dis-enrol you from any or all Abhyas Academy Services, until the outstanding charges are paid.
(d) If your enrolment is suspended by Abhyas Academy due to default on payment, you are still liable to pay in full any outstanding invoices at the time. Once your account is paid in full, you can request re-enrolment, however, this will be granted at our sole discretion.
7.2 We do not guarantee that your enrolment in a Class will be reserved for you if you are removed due to payment failure.
8.1 ABHYAS’S send cookies (small files containing a string of characters) to your computer, thereby uniquely identifying your browser. Cookies are used to track your preferences, help you login faster, and aggregated to determine user trends. This data is used to improve its offerings, such as providing more content in areas of greater interest to a majority of users.
8.2 Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent.
Some of ABHYAS’S features and services may not function properly if your cookies are disabled.
10.1 ABHYAS’S may alert you by email or phone (through sms/call) to inform you about new service offerings or other information which it perceives might be useful for you.
11. INTELLECTUAL PROPERTY AND CONFIDENTIALITY - OUR INTELLECTUAL PROPERTY
11.1 The work and materials that we provide to you in carrying out the Services contains material which is owned by or licensed to us and is protected by Indian laws. This includes but is not limited to: (i) written notes; (ii) exam papers and exam questions; (iii) homework and homework solutions; (iv) course notes and programs; and (v) learning videos (Materials). We own the Intellectual Property rights in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.
11.2 You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission.
11.3 Your use of our Materials does not grant you a licence, or act as a right to use any Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
11.4 You must not breach our Intellectual Property rights by, including but not limited to:
(a) altering or modifying any of the Materials;
(b) creating derivative works from the Materials;
(c) placing the Materials in the public domain;
(d) printing our Material from the My Mentor Website;
(e) using our Materials for commercial purposes such as on sale to third parties;
(f) copying with intent to sell or share; or
(g) using Materials to teach or tutor another student outside of ABHYAS Academy .
11.5 We will license to you access to the Materials for your personal non-commercial use in their online format only (Licensed Material), upon full payment of our Invoice(s).
11.6 We grant you a non-perpetual, non-exclusive, revocable and non-transferable licence to use the Licensed Material for the agreed study purposes only and for the duration of your enrolment only.
12. YOUR INTELLECTUAL PROPERTY AND MORAL RIGHTSss
12.1 You agree to provide information including any Intellectual Property to us to enable us to provide the Services. You:
(a) warrant that you have all necessary rights to provide the Intellectual Property to us;
(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the Intellectual Property in any way we require to provide the Services to you; and
(c) consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.
12.2 If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:
(a) irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you;
(b) irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship;
(c) agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
(d) agree that your consent is a genuine consent under the Act and has not been induced by duress or any false or misleading statements.
13. Public Forums
13.1 When you use certain features on its website like the discussion forums and you post or share your personal information such as comments, messages, files, photos, will be available to all users, and will be in the public domain. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting on its forums this information may become publicly available.
14.1 ABHYAS’S is concerned about safeguarding the confidentiality of your Information. ABHYAS’S provide physical, electronic, and procedural safeguards to protect Information it processes and maintain. An illustration being, ABHYAS’S limits access to this Information to authorized employees only who need to know that information in order to operate, develop or improve its Application/Services/products/Website. Please be aware that, although ABHYAS’S endeavour is to provide stringent security, for information it possesses and maintains, no security system can prevent all potential security breaches.
15. How long does ABHYAS’S retain user data?
15.1 Currently, ABHYAS’S retains user data while an account is active and for at least three years afterwards. It may alter this practice according to legal and business requirements. For example, it may lengthen the retention period for some data if needed to comply with law or voluntary codes of conduct. Unless otherwise prohibited, it may shorten the retention period for some types of data if needed to free up storage space.
16. Log information
16.1 When you access ABHYAS’S Website, its servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, internet protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
17. User communications
17.1 When you send an email or other communication to ABHYAS’S, it may retain those communications in order to process your inquiries, respond to your requests and improve our Services.
18. CONFIDENTIAL INFORMATION
18.2 You agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect our Confidential Information from any unauthorised disclosure; and only to use our Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
18.3 These obligations do not apply to Confidential Information that:
(a) is authorised to be disclosed;
(b) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
(c) is received from a third party, except where there has been a breach of confidence; or
(d) must be disclosed by law or by a regulatory authority including under subpoena.
18.4 The obligations under this clause will survive termination of these Terms.
19. Your Consent
19.1 ABHYAS’S believes that, every user of our Application/Services/Products/Website must be in a position to provide an informed consent prior to providing any Information required for the use of the Application/Services/Products/Website. By registering with it, you are expressly consenting to its collection, processing, storing, disclosing and handling of your information as set forth in this Policy now and as amended by us.
19.2 Processing, your information in any way, including, but not limited to, collecting, storing, deleting, using, combining, sharing, transferring and disclosing information, all of which activities will take place in India.
19.3 If you reside outside India your information will be transferred, processed and stored in accordance with the applicable data protection laws of India.
20. FEEDBACK AND DISPUTE RESOLUTION - FEEDBACK
20.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us via our Site.
21. DISPUTE RESOLUTION
21.1 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute by filling out an Online Compliments and Complaints Enquiry Form which can be found on our Site. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
(b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Competent Authority within Haryana, India to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
21.2 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
22.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
(a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
(b) any breach of these Terms; and
(c) any misuse of the Services from or by you or any agent.
22.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
22.3 The obligations under this clause will survive termination of these Terms.
23.1 Privacy: We agree to comply with the legal requirements of the Indian Privacy Principles as set out in the relevant Act and any other Indian applicable legislation or privacy guidelines.
23.2 Publicity: You consent to us using advertising (including advertising the student’s name, exam results and photographs) for promotional purposes or publically announcing that we have provided Services to you unless otherwise notified in writing by you.
23.3 Email: You acknowledge that we are able to send electronic mail to you (and/or your parents or guardian) and receive electronic mail from you (and/or your parents or guardian). You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
23.4 Taxes: If and when applicable, Taxes payable on the Services will be set out on our Invoices. By accepting these terms, you agree to pay us an amount equivalent to the Taxes imposed on these charges.
23.5 Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
23.6 Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
23.7 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
23.8 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 Business Days' notice in writing.
23.9 Notice: Any notice required or permitted to be given by you under these Terms will only be deemed to be have been served by completing the applicable Online Enquiry Form which can be found on our Site at https://abhyasonline.in/contact
23.10 Jurisdiction & Applicable Law: These terms are governed by the laws of Haryana, India. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Ambala/Chandigarh, Haryana, India.
23.11 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
24. Changes to this Statement
25. Contact Information
ABHYAS’S Team shall undertake all reasonable efforts to address your grievances at the earliest possible opportunity. You may contact at:
Mrs. Anu Sethi, Head, ABHYAS Academy,
6072/28/1, Behind Pragat Shiv Mandir, Near Govt. College,
Ambala Cantt. - 133001, Haryana, India.
e-Mail : email@example.com
Updated: July, 2019