4. Other than the products and services belonging to third parties, Gurushala and any product and service names referred to and available on the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala or otherwise are trademarks of Gurushala or its affiliates. Your access to the Website, Application, and the other associated applications, products, websites and services managed by Gurushala or use thereof shall not grant in Your favour, by implication, estoppel or otherwise, any license, right, title or interest to use any marks appearing on the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala without the prior written consent of Gurushala.

5. All text, images, graphics, videos and audios displayed on Gurushala (hereinafter called ‘Content Materials’) are the copyrighted property of Gurushala unless they are curated from and explicitly credited to third-party companies, websites and Youtube channels. No Content Materials on the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission, unless provisions of downloading the content have been provided within Gurushala. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknoweldge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.

6. By accessing or using the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala, You confirm to acknowledge and abide by all intellectual and industrial property rights, including copyrights or trademarks belonging to Gurushala or to any third party content licensor to Gurushala that is made available through the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala.

7. Your use of Gurushala is solely for Your personal and non-commercial use. Any use of Gurushala other than for personal purposes is prohibited. Your personal and non-commercial use of Gurushala shall be subject to the following restrictions:

7a. You shall not decompile, reverse engineer, or disassemble the platform or contents of Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala and/or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and/or and/or our Website and/or Services/products.;

7b. You shall not remove any copyright, trademark registration, or other proprietary notices from the Content Materials;

7c. You shall not (a) use the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala in any way that is unlawful, immoral or harms Gurushala or any other person or entity as determined by Gurushala.

7d. No User shall be permitted to perform any of the following prohibited activities while availing our Services:

7d.1. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

7d.2. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;

7d.3. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

7d.4. Interfering with any other person's use or enjoyment of the Application/Website/Services;

7d.5. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;

7d.6. Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;

7d.7. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

7d.8. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;

7d.9. Access or use the Application/Website/Services/products in any manner that could damage, disable, overburden or impair any of the Application's/Website's servers or the networks connected to any of the servers on which the Application/Website is hosted;

7d.10. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application/Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/Services/products, or engage in any activity prohibited by these Terms;

7d.11. Disrupt or interfere with the security of, or otherwise cause harm to, the Application/Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Website/Services/products or any affiliated or linked sites;

7d.12. Interfere with, or inhibit any user from using and enjoying access to the Application/Website/ Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Application/Website/Services/products;

7d.13. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services/products, to access, acquire, copy or monitor any portion of the Application /Website/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/products;

7d.14. Alter or modify any part of the Services;

7d.15. Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or

7d.16. Violate any of the terms specified under the Terms for the use of the Application /Website/Services/products.

7e. By submitting content on or through the Services (your “Material”), 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 Material in any and all media or distribution methods (now known or later developed) and to associate your Material with you, except as described below. You agree that others may use Your Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose your Material in accordance with these Terms. If you delete your user account your Material and name may remain available through the Services

8. While We shall make reasonable efforts to update or correct any information that appears on the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala, We do not make any representation or warranty (expressed or implied) in relation to or in any way guarantee the accuracy of information available on the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala at any given time or make any representation or warranty with regards to the reliability, accuracy or completeness of the information appearing on Gurushala, whether provided by Gurushala or any user, information provider, or any other person or entity. We may remove any content from the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala at our own discretion and without giving any prior notice.

9. Our Website provides Users with access to compiled educational information and related sources. Such information is provided on an As Is basis and We assume no liability for the accuracy or completeness or use or non obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without the Gurushala's prior written consent.

10. The contents of the Application/Services/products are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Application/Services/products is not endorsed as a substitution to the curriculum based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. Gurushala acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Application/Services/products does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Application or usage of our Services/Website/products does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.

11. Certain contents in the Application/Services/Website/products (in particular relating to assistance in preparations for administrative services) may contain opinions and views. Gurushala shall not be responsible for such opinions or any claims resulting from them. Further, Gurushala makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.

12. Some parts of the Services are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. Gurushala accepts no responsibility or liability for any material communicated by third parties in this way. Gurushala reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, We will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether We have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.

13. Contributors, sponsors, administrators or other third parties associated with Gurushala in any way whatsoever, shall not be responsible for any inaccurate or libellous information or for Your use of the information contained in or linked from the web pages of such parties.

14. Gurushala shall not be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data arising out of, or in connection with, the use of the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala. The Website, Application, and the other associated applications, products, websites and services managed by Gurushala may be linked to other websites on the World Wide Web that are not under the control of or maintained by either Gurushala, Vodafone Idea Foundation, Indus Towers Ltd., Pratham Education Foundation and Appinventiv Technologies Pvt. Ltd. We have no control over the nature, content and availability of such other websites. The inclusion of any web links on our Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala, if any, do not imply a recommendation or endorse the views expressed within them.

15. Gurushala uses reasonable care to maintain the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala in a fully operating condition. It is not responsible for the results of any defects that may exist in the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala. No warranties are given that Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala or its content will be uninterrupted or virus free or error free or that it will be suitable for the particular purpose that You have in mind when using it. Gurushala does not accept responsibility for any defects that may exist or for any costs, loss of profits, loss of data, or consequential losses arising from Your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the service at any time.

16. We may retain communications with You in order to process Your inquiries, respond to requests and improve our services

17. Gurushala may, based on any form of access to the Application or Services or Website or registrations through any source whatsoever, contact the User through sms, whatsapp, email and call, to give information about their offerings and products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, sms, whatsapp, e-mail and holds Gurushala indemnified against any liabilities including financial penalties, damages, expenses in case the User's mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to Our employees, associates, subsidiaries, volunteers, affiliates and partners so that you may be contacted for education information, offerings and promotions through telephone, SMS, email, WhatsApp etc.

18. While Gurushala may, based on the User's confirmation, facilitate the demonstration of its products, the User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the products and that User has relied solely on the investigations, examinations and inspections as the User has chosen to make and that Gurushala has afforded the User the opportunity for full and complete investigations, examinations and inspections.

19. While Gurushala has made efforts to train the personnel engaged in the sales and services relating to its products to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Gurushala reserves the right and discretion to take any action in this regard.

20. Access to certain elements of the Services like Gurushala Rewards etc. may be subject to separate terms, conditions and fair usage policy. Gurushala reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Application/products or registrations do not automatically entitle the User to any and all elements of Services provided by Gurushala and Gurushala shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion.

21. In order to access the Services and to avail the use of the Application/products, You shall be required to register yourself with the Application/Services/products, and maintain an account with the Application/Services/products. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address, grade/class, school name, payment information (credit/debit card details) if required, and any other information deemed necessary by the Application. With respect to the provision of information, the following may be noted:

21a. It is Your sole responsibility to ensure that the account information provided by You is accurate, complete and latest.

21b. You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify Gurushala of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to Gurushala, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

21c. You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Gurushala cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the Terms, Gurushala shall not be liable to You for any damages arising from Your inability to log into Your account and access the services of the Application at any time.

22. Any purchase undertaken on Gurushala for any services/products is non-refundable and non-transferable

23. Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all Our products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our products or Services. As a minor if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. Gurushala will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that student using the Application has obtained the consent of parent/legal guardian (in case of minors). Gurushala reserves the right to terminate Your subscription and/or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Gurushala does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Application.

24. You agree to defend, indemnify and hold harmless Gurushala, its affiliates, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala; (ii) Your violation of any term set out in these Terms or any other policy of Gurushala; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala has caused damage to a third party. These indemnity obligations will survive termination of Your relationship with Gurushala or You ceasing to use the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala.

25. In no event shall Gurushala, its officers, employees, volunteers or agents will be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of data or any other claim arising out, of or in connection with, Your use of, or access to, the Application.

26. In the event of Your breach of these Terms, You agree that Gurushala will be irreparably be harmed and may not have an adequate remedy in money or damages. Gurushala therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. Gurushala’s right to obtain such relief shall not limit its right to obtain other remedies.

27. Gurushala has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala as it deems fit at any time without notice. Further, the Gurushala has the right to amend these Terms from time to time without prior notice to You. Gurushala makes no commitment, express or implied, to maintain or continue any aspect of the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala. Continued use of Gurushala after any modifications, additions, or deletions to the Terms will constitute Your acceptance of the Terms, as modified.

28. Any violation or breach of these Terms, including while investigating complaints or alleged violation of these Terms, may lead to suspension or termination of your registration and access to GURUSHALA PLATFORM (Web/Mobile App).

29. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in New Delhi and You hereby accede to and accept the jurisdiction of such courts.

30. We take appropriate basic security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data available on the Website, Mobile Application, and the other associated applications, products, websites and services managed by Gurushala. These include internal reviews of our data collection, storage and processing practices and security measures, along with physical security measures to guard against unauthorized access to systems wherein personal data of users is stored. We restrict access to Personal Information (as defined in the Privacy Policy) to Gurushala’s employees, contractors and agents on a need-to-know basis in order to operate, develop or improve our services. Such parties are bound by confidentiality obligations and may be subject to disciplinary action, including termination and criminal prosecution, upon failure to meet their obligations.

31. DISCLAIMER: GURUSHALA PLATFORM IS AVAILABLE ON AN "AS IS" BASIS AND THERE ARE NO WARRANTIES OF ANY KIND WITH RESPECT TO GURUSHALA. THE ADMINISTRATORS AND TECHNOLOGY PROVIDERS OF GURUSHALA SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ACCESS AND USE OF GURUSHALA (INCLUDING ANY CONTENT OR INFORMATION) IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT WILL THE ADMINISTRATORS AND TECHNOLOGY PROVIDERS OF GURUSHALA BE LIABLE FOR ANY EXPENSE, LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY EXPENSE, LOSS OR DAMAGE WHATSOEVER ARISING FROM USE, OR LOSS OF USE, OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF GURUSHALA. WHEN YOU SELECT A LINK TO AN OUTSIDE WEBSITE, YOU ARE LEAVING GURUSHALA AND ARE SUBJECT TO THE PRIVACY AND SECURITY POLICIES OF THE OWNERS/SPONSORS OF THE OUTSIDE WEBSITE / DOMAIN.

32. General Provisions:

32a. Notice: All notices served by Gurushala shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to Gurushala should be sent to info@gurushala.co.

32b. Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitute the entire agreement between Gurushala and You with respect to Your access to or use of the Application, Website and the Services thereof.

32c. Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. Gurushala’s rights under the Terms are freely transferable by Gurushala to any third parties without the requirement of seeking Your consent.

32d. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

32e. Waiver: Any failure by Gurushala to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Gurushala of that provision or right.

32f. Relationship: You acknowledge that Your participation on the Application, does not make You an employee, volunteer or agency or partnership or joint venture or franchise of Gurushala.

32g. Gurushala provides these Terms so that You are aware of the terms that apply to your use of the Website/Application and Services. You acknowledge that, Gurushala has given You a reasonable opportunity to review these Terms and that You have agreed to them.

 

33. Feedback:

33a. Any feedback You provide with respect to the Application shall be deemed to be non-confidential. The Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Gurushala is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Gurushala for the feedback under any circumstances, unless specified.

33b. Under no circumstances shall Gurushala be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive. Please exercise caution while accessing the Application.

34. We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at info@gurushala.co