These Terms & Conditions (“Terms”) , a legal agreement between Apna Patshala with its registered office at 4-154, Kranthi Colony, Uppal depot, Hyderabad (Hereinafter “Apna Patshala”/ “Company”/ “We”) AND those who use the Website (defined below) of the second part (hereinafter collectively referred to as “you”, “yours” or “User”).
The Terms shall govern use of and access to the website and Applications(Apnapatshala.com)(the “Website”) accessible through desktops, mobile phones, smart phones and tablets which includes the computer software, associated media, collaterals, and online or electronic documentation. Apna Patshala is the owner of the Website and by accessing, or otherwise using the Website, You agree to be bound by the Terms.
Your use/access/browsing of the Website or the Services or products or registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
We request You to please read these Terms carefully and do not continue the use of the Website and/or information offered unless You agree fully with these Terms.
In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:
- "Courses" means educational courses listed on the Site or Application.
- "Course Fees" means the amounts that are due and payable by a Student for enrolment of Course.
- "Collective Content" means Member Content and Apna patshala Content.
- "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
- "Listing" means Courses that are listed by Apna patshala as available via the Site, and Services.
- "Member" means a person, who completes Apna patshala account registration process, including but not limited to Teachers and Students, as described under "Registration and Accounts" in Clause 7 below.
- "Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Apna patshala promotional campaign to be made available through the Site or Services.
- "Payment Method" means a payment method that you have added to your Apna Patshala Account, such as a credit card, debit card or net banking.
- "Student" means a Member or individual who has enrolls or enrolled for Courses on Site, in case of minor student the parent or guardian who enroll their child or ward for the Courses on Site.
- "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that Apna Patshala may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
- “Teacher” means a Member who has been selected by Apna Patshala in order to provide services through the Site or Application
- "Apna Patshala Content" means all Content that Apna Patshala makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Student Content.
3. Copyright Notice
- Copyright © << APNAPATSHALA>>
- Subject to the express provisions of these terms and conditions:
- We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website
- All the copyright and other intellectual property rights on our website and the material on our website are reserved
- Content available on the website is owned by Apna Patshala. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright.
- Any kind of commercial use of the material on this website is not permitted. Any type of re-creation of the material, or making is accessible to third parties without written consent is prohibited
- The material is solely for the purpose of viewing. You may proceed to use, download and store the material on this website only for personal use or for the purpose of conducting business with us in compliance with the company terms.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
5. Permission to use Website
Your use of our products, Website, Application and Services is solely for your personal and non-commercial use. Any use of the Application, Website, Services or products or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Application, Website, products and / or our Services shall be subjected to the following restrictions:
- By using the Site, Applications or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined above), and constitute a binding legal agreement between you and Apna Patshala.
- If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal liabilities.
- The Site and Services comprise an online platform which creates Listings for Courses and Students may learn about and enroll for the course directly through the Site.
- Further, the Company shall have the right to monitor the download and usage of the services/products and the contents thereof by the User/student, to analyze such usage and discuss the same with the User/student to enable effective and efficient usage of the Services.
6. Misuse of Website
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:
- You will not (a) use this Website and/or any of our product/s or Service/s for commercial purposes of any kind,
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Apna Patshala endorsement, partnership or otherwise misleads others as to your affiliation with Apna Patshala;
- violate these Terms or Apna Patshala’s then-current Policies and or Standards
7. Registration and Accounts
- You may register for an account with our website by completing and submitting the account registration form on our website and clicking on the verification link in the email that the website will send to you
- You must not allow any other person to use your account to access the website
- You must notify us in writing immediately, if you become aware of any unauthorized use of your account
- You must not use any other person’s account to access the website [unless, you have that person’s express permission to do so]
8. User login details
- If you register for an account with our website. We will suggest you with or you will be asked to choose a User ID based on the availability and password to be set by you
- You User ID must not be liable to mislead and must comply with the content rules set out in Section 13 [Rules about your content]
- You must notify us in writing immediately if you become aware of any unauthorized use of your account
- You must not use any other person’s account to access the website [unless, you have that person’s express permission to do so]
9. Cancellation and suspension of account
(a) Edit your account details
(b) temporarily suspend your account or
(c) cancel your account
at any time, in our sole discretion, providing that if we can cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were provided by us to you after date of such cancellation; we will give you notice of any cancellation
- You may cancel your subscription on our website [using your account settings under your profile]. In that case, you will not be entitled to any refund if you cancel your account as per your convenience.
10. Training course subscriptions:
- To become a subscriber to a training course on our website, you must pat the applicable subscription fees, during the account registration procedure OR after you have registered for an account with our website. We will send you an acknowledgement of your enrollment.
- You will have the opportunity to identify and correct input errors prior to submitting your subscription
- For so long as your account and subscription remain active in accordance with these terms and conditions and subject to the other provision of these terms and conditions. You will have access to the course materials and website features specified on our website in relation to the training course for which you have subscribed
- We may from time to time vary the benefits associated with a subscription by giving you email confirmation of the change, providing that, if in our reasonable opinion such a change results in a substantial loss of value or functionality. You shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in pro-rated basis of subscription after the date of such cancellation
- At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on your account settings before the date of renewal OR your subscription will be automatically cancelled, unless you renew the subscription and pay the applicable subscription fees
- The fees in respect to our website service will be set out on the website from time to time
- All amounts stated in these terms and conditions or on our website are stated [inclusive of GST] or [exclusive of GST]
- You must pay to us fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website
- We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid
- If you dispute any payment made to us, you must contact us immediately or a maximum of 3 business day and provide full details of you claim
- If you make an unjustified credit card, debit card or other charge-back. Then, you will be liable to pay us, with 7 days following the date of our written or email request:
- an amount equal to the amount of the charge-back
- all thirds party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment process or card issuer)
- an administration fee of [<<mentioned the charges+GST>>]
- all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 11.6
- if you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you
- we may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you email notification of the set-off
12. Our rights to use your content
Upon registration through any means whatsoever, the Company may contact you through the registered mobile number or e-mail or any other mobile number or contact number or email provided by you to enable effective provision of Services. The User expressly permits the Company to contact him/her and the student utilizing the Services, through the above mentioned means at any time post registration. Further, the Company shall have the right to monitor the download and usage of the Services/products and the contents thereof by the User/student, to analyze such usage and discuss the same with the User/student to enable effective and efficient usage of the Services. The User expressly permits the Company to clear the doubts of the student using the Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail on express consent of the legal guardian/parent of the User or through any other forum.
13. Rules about your content
- Your personal information both online and offline collected during your engagement with us is secured from any abuse with the help of firewalls and data encryptions tools to our data centers. We take all the required precautions to protect information to reduce the risks of loss, misuse, unauthorized access, disclosure and alternation.
- Your data may be shared with third parties, in case, where those thirds parties are associated with us under an agreement to provide us assistance or services like delivering course materials or providing online payment services
- You are solely responsible to provide the correct data while subscribing to the site or enrolling for a service
14. Breaches of these terms and conditions
- In the event of your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.
- Any violation by you of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
- 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 India and you hereby accede to and accept the jurisdiction of such courts.
15. Third party websites
- The service under our site may connect or have links to third party websites which may or may not be related to the service being offered to you. Note, we are not liable for:
- the accuracy of such websites or any information on that
- any offerings from those sites, like, content, products, or service are not endorsed by us
- you need to acknowledge that any risk arising out of any transactions, you do by accessing those sites is your responsibility and we do not claim authenticity on it
16. Trade marks
Our logo, together with our other product and brand names and logos are the intellectual property of Apna Patshala and may not be reproduced without its prior written permission. All designs, text and graphics are owned by or licensed to us or our content and technology providers.
ALL RIGHTS IN THE SAME ARE RESERVED.
18. Limitation of Liability
- We do not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the site
- The entire risk arising out of your access to and use of the Site, Services and Collective Content, your enrolment of any Course via the Site and Services, and any contact you have with other users of Apna Patshala whether in person or online remains with you.
- Apna Patshala has no liability to you whatsoever whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or relying on any information or other materials contained in this website, including, without limitation, as a result of any computer virus
- In no event will Apna Patshala’s aggregate liability arising out of or in connection with these Terms and your use of the Site, Services including, but not limited to, your enrolment of any course via the Site and Services, or from the use of or inability to use the Site, Services, or Collective Content and in connection with any course or interactions with any other members, exceed the amounts you have paid or owe for enrolments via the Site, and Services as a student
- These terms and conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal for us to exclude or to attempt to exclude our liability
The suggestions or recommendations to improve the site and the services provided through is a welcome step. We encourage you to provide your feedback, suggestions, improvement notes under the contact us tab in your account profile and agree to irrevocably assign to Apna Patshala all of your right, title, and interest in and to all Feedback, and waive any moral rights you may have in such Feedback
Any use of this website is at your own risk. Information contained in and/or on this website is provided on an “as is” and “as available” basis. Apna Patshala makes no representations, warranties or conditions of any kind, whether express or implied and including without limiting the generality of the foregoing: express or implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for particular purpose, performance, durability, availability, timeliness, accuracy or completeness all of which are hereby disclaimed to the fullest extent permitted by law. Apna Patshala will not be liable to you or any other person in relation to loss of any kind or damages of any kind arising from, in connection with, or in relation to the use of this website by you or any other person.
21. Law and Jurisdiction
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the courts at Hyderabad, India alone shall have exclusive jurisdiction to deal with such matters.
For settlement of any dispute, claim or controversy arising out of these Terms and Conditions, and which require an Arbitration in India, has to be done before a sole Arbitrator mutually agreed and appointed by Apna Patshala and members. The Arbitration rules to be followed will be the Arbitration and Conciliation Act, 1996. The award shall be final and binding on the parties to the dispute.