Terms & Conditions | Chinmay education trust

Terms & Conditions

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 thereunder, as amended from time to time.

User means any person including minor student, schools, institution imparting education etc who use/access/browsing of the Application/Website/Services (with or without payment/with or without subscription) through any means shall signify your acceptance of the Terms and your agreement and acknowledgement to be legally bound by the same.

Chinmay education trust is the Application/Website/Service that brings Analysis of Student Study Pattern together with content delivery and administration tools in one place and is focused on helping tutors, students, schools go online to support a blended learning, revision approach and digital learning solutions through video conferencing, along with AI based analytics and real time report and related services for digital learning solutions owned and managed by Hillspeak Internet Private Limited

Please carefully read the Terms & Conditions along with the Privacy Policy with respect to registration with us and before the use of the Application/Website/Services. In the event of any discrepancy between the Terms and any other policies with respect to the Application/Website/Services, the provisions of the Terms shall prevail.

If you do not agree with the Terms & Conditions or the Privacy Policy, please do not use the Application or Website or avail the Services. Any access to our Website/Services/Application through registrations/subscription is nontransferable.

Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application/Website/Services and products are proprietary property of the Chinmay education trust ("Proprietary Information"). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Chinmay education trust and nothing on this Application/Website/Services shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Chinmay education trust, to you/the user. You/The User may own the medium on which the information, content or materials resides, but Chinmay education trust shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by Chinmay education trust on such medium. 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 acknowledge 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/the user are not permitted to use the same without the consent of the respective third party.

Your/the user’s use of our products, Website, Application and Services is solely for your/the User’s personal and non-commercial use. Any use of the Application/Website/Services or their contents other than for personal purposes is prohibited. Your/the User’s personal and non-commercial use of this Application/Website/Services shall be subject to the following restrictions:

You/the user shall not decompile, reverse engineer, or disassemble the contents of the Application/Website/Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application/Website/Services, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application/Website/Services.

You/the user will not

use this Application/Website/Services for commercial purposes of any kind, or

advertise or sell the Application/Website/Services (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

use the Application/Website/Services in any way that is unlawful, or harms Chinmay education trust or any other person or entity as determined by Chinmay education trust.

You/the user shall not be permitted to perform any of the following prohibited activities while availing our Services:

Making available any content or material that:

violates any law for the time being in force;

is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, pornographic, pedophilic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically, relating or encouraging money laundering or gambling, or otherwise objectionable or inconsistent with or contrary to the laws in force;

is harmful to a child;

threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order;

is patently false and untrue, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or

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.

Stalking, intimidating and/or harassing another and/or inciting other to commit violence;

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;

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

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;

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancel bots, or other computer programming routines, code, files or such other programs that may harm the Application/Website/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;

Access or use the Application/Website/Services in any manner that could damage, disable, overburden or impair any of the Application's/Website's/Service’s servers or the networks connected to any of the servers on which the Application/Website/Services are hosted;

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, violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/Services, or engage in any activity prohibited by these Terms;

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

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

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, to access, acquire, copy or monitor any portion of the Application /Website/Services, 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;

Alter or modify any part of the Services;

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

Violate any of the terms specified under the Terms for the use of the Application/Website/Services.

By submitting content on or through the Application/Website/Services ("Material"), you/the user (or on behalf of a Minor Student, as applicable) 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 the Material with you/the Minor Student, as applicable, except as described below. You agree that others may use the Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose the Material in accordance with these Terms. If you delete your user account, the Material and your/the Minor Student’s name may remain available through the Services

In the preparation of the Application/Website/Services and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, Reviswell disclaims any responsibility for any errors and inaccuracy of the information that may be contained in the Application/Website/Services. Any feedback from you/the user is most welcome to make the Application/Website/Services and contents thereof error free and user friendly. Chinmay education trust also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither Chinmay education trust nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services for any particular purpose. You/the user acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Our Application/Website/Services provide users with access to compiled educational information and related sources. Such information is provided on an ‘as is’ basis and Chinmay education trust assume no liability for the accuracy or completeness or use or non-obsolescence of such information. Chinmay education trust shall not be liable to update or ensure continuity of such information contained on the Application/Website/Services. Chinmay education trust 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 our Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Chinmay education trust endorse the website(s) whether with or without any consideration or sponsorship. Chinmay education trust have no responsibility for the content of the linked website(s). You/the user may not create a link to the Website from another website or document without Chinmay education trust's prior written consent.

The contents of the Application/Website/Services are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Application/Website/Services 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 with better results. The basic definitions and formulae of the subject matter would remain the same. Chinmay education trust acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Application/Website/Services/does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Application or usage of our Services/Website 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.

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

Some parts of the Application/Website/Services are interactive, and we encourage contributions by users, which may or may not be subject to editorial control prior to being posted. Chinmay education trust accepts no responsibility or liability for any material communicated by third parties in this way. Chinmay education trust reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, Chinmay education trust 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. Chinmay education trust would not be responsible to verify whether such questions/answers or contents placed by any user contain infringing materials or not.

Chinmay education trust may, based on any form of access to the Application/Website/Services (including free download/trials) through any source whatsoever, contact you/the user through SMS, 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. You/the user expressly grant such permission to contact you through telephone, SMS, e-mail and holds Chinmay education trust indemnified against any liabilities including financial penalties, damages, expenses in case your mobile number is registered with Do Not Call (DNC) database. By registering yourself, you/the user agree to make your contact details available to our employees, associates, affiliates and partners so that you may be contacted for education information, offerings and promotions through telephone, SMS, email etc.

While Chinmay education trust may, based on the your confirmation, facilitate the demonstration of its products at the location sought by you/the user, you/the user acknowledge that you have not been induced by any statements or representations of any person with respect to the quality or conditions of the products and that you/the user have relied solely on the investigations, examinations and inspections you/the user have chosen to make and that Chinmay education trust has afforded you the opportunity for full and complete investigations, examinations and inspections.

Upon registration through any means whatsoever, Chinmay education trust may contact you/the user through the registered mobile number or e-mail or any other mobile number or contact number or through Whats App or email provided by you/the user to enable effective provision of the Application/Website/Services. You expressly permit the Company to contact you/the user, through the above mentioned means at any time post registration. Further, Reviswell shall have the right to monitor the download and usage of the Application/Website/Services and the contents thereof by you/the user, to analyze such usage and discuss the same with you/the user to enable effective and efficient usage of the Application/Website/Services. You expressly permit Chinmay education trust to clear your/the user’s doubts by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with you/the user and mentoring you/the user through telephone or e-mail or AI Based analytical system or through any other forum including OTP based integration.

Reviswell may ask for your/the user’s photograph(s), at the time of registration or at any other time. By submitting such photograph(s) you grant us, including on behalf of the Minor Student, where applicable, a worldwide, irrevocable, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such photograph, for purposes of publicity or advertisement based on the your/student’s performance in any national/international competitive/entrance exam, in any and all media or distribution methods (now known or later developed) and to associate the photograph(s) with you/the user, as the case may be. No license fee shall be paid by Revisell to you/the user for this purpose.

You are required to provide a photocopy of your/the user’s admission card for competitive/entrance exams when the same is received from the body conducting such exam.

While Chinmay education trust 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 or AI Analytical system and would not be responsible for any deviant behavior or miscalculation of any such personnel. Any feedback from you/the user relating to the same is most welcome and Chinmay education trust reserves the right and discretion to take any action in this regard. You/the user expressly provide consent to the Company and our personnel to interact with the Minor Student, where required.

Access to certain elements of the Application/Services including doubt clearance, mentoring services etc. may be subject to separate terms, conditions and fair usage policy. Chinmay education trust 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 or registration the Application/Services does not automatically entitle you/the user to any and all elements of Services provided by Chinmay education trust and Chinmay education trust shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. Chinmay education trust reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of our Services at our discretion.

Chinmay education trust's Application/Website/Services, including the content contained therein, are compatible only with certain devices/tablets/instruments/hardware. Chinmay education trust shall not be obligated to provide workable products and/or services for any instruments that are not recognized by Reviswell or those instruments that may be purchased from any third party which are not compatible with the Chinmay education trust's Application/Website/Services. Chinmay education trust reserves the right to upgrade the table/type of compatible devices as required from time to time.

Chinmay education trust shall have no responsibility for any loss or damage caused to tablet or any other hardware and/or software and/or instrument/device, including loss of data or effect on the processing speed, resulting from your/the user’s use of our Application/Website/Services.

You have to specify the address to which the shipment has to be made at the time of purchase. All product(s) shall be delivered directly to the address as specified at the point of ordering and you cannot, under any circumstances whatsoever, change the address after the order is processed. In case of any change in the address, you need to specify the same to us in writing well in advance to the shipping date. Any inconsistencies in name or address will result in non-delivery of the product(s).

The return of any product(s) shall be entertained only if it is damaged at the time of delivery, the shipping charges shall be borne by the user. (b) We request you not to accept any product package that seems to be tampered with, opened or damaged at the time of delivery. The products must be returned in the same condition as delivered by the Company. Any products returned showing signs of any use or damage in any manner shall not be accepted for return. (c) All requests for return of products have to be placed within 15 (fifteen) days from the date of delivery. Please note that no refunds shall be claimed or will be entertained post 15 (fifteen) days from the date of delivery.

You/the user acknowledge that Chinmay education trust is not the manufacturer of the instrument/medium/hardware and hence, any defect relating to the same shall be reported to the manufacturer whose details shall be specified on the packaging and the Company shall not be in any manner responsible for the same. Chinmay education trust does not provide any guarantee or warranty relating to the instrument/medium/hardware.

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

It is your sole responsibility to ensure that the account information provided is accurate, complete and latest.

You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under your account. You agree to

ensure that you/the user successfully log out from the account at the end of each session; and

immediately notify Chinmay education trust 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, Chinmay education trust may request you to change the password or we may suspend your account without any liability to the Company, for such period of time as we deem appropriate in the circumstances. Chinmay education trust shall not be liable for any loss or damage arising from any failure to comply with this provision.

Chinmay education trust acknowledge that your/the Minor Student’s ability to use the account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility to the Application/ Website/Services at all times. In addition to the disclaimers set forth in the Terms, Chinmay education trust shall not be liable for any damages arising from your/the user’s inability to log into the account and access the Application/Website/Services at any time.

Chinmay education trust will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application/Website/Services that may occur by virtue of any person including a Minor Student registering for the Services/products provided.

By using the products or Services you/the user warrant that all the data provided by you is accurate and complete and that Minor Student using the Application has obtained your consent as the parent/legal guardian, where applicable.

You/the user agree to defend, indemnify and hold harmless Chinmay education trust, its officers, directors, 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:

your/the Minor Student’s use of and access of the Application/Website/Services;

your/the Minor Student’s violation of any term of these Terms or any other policy of the Company;

your/the Minor Student’s violation of any third party right, including without limitation, any copyright, property, or privacy right; or

any claim that your/the Minor Student’s use of the Application/Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.

In no event shall Chinmay education trust, its officers, directors, employees, partners or agents be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, your use of, or access to, the Application/Website/Services.

Any violation by you/the Minor Student of the Privacy Policy or of these Terms, may result in immediate suspension or termination of your account apart from any legal remedy that the Company can avail. In such instances, Chinmay education trust 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 and in the eventuality of any dispute or difference (including in the eventuality of violation of the Terms by any party) should arise on any matter relating to or arising out of the Terms, the same shall be referred to the arbitration within 60 days of either party notifying the other party of such dispute, for adjudication under the provisions of Arbitration & Conciliation Act, 1996. It is also agreed between the parties that arbitration proceeding would be conducted in English only and in no other language. If such appointed sole arbitrator is unable to continue with such arbitral proceedings for any reason whatsoever, a new sole arbitrator shall be appointed by mutual consent of the parties who shall continue with the arbitral proceedings from the stage where the proceedings were left by his predecessor. The user shall be liable to pay arbitration fees. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts/tribunals located in Bellary and you hereby accede to and accept the jurisdiction of such courts and/or tribunals.

Chinmay education trust has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application/Website/Services as it deems fit at any time without notice. Further, Chinmay education trust has the right to amend these Terms from time to time without prior notice to you. Chinmay education trust makes no commitment, express or implied, to maintain or continue any aspect of the Application/Website/Services. You agree that Chinmay education trust shall not be liable to you or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.

DISCLAIMER: THIS WEBSITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. Chinmay education trust HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, Chinmay education trust SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THE WEBSITE/APPLICATION/SERVICES IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.

General Provisions:

Notice: All notices served by Chinmay education trust shall be provided via email to your account or as a general notification on the Application. Any notice to be provided to the Chinmay education trust should be sent to info@Chinmay education trust.com

Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application/Website/Services from time to time, constitute the entire agreement between the Chinmay education trust and you/the user with respect to your access to or use of the Application, Website and the Services thereof.

Assignment: You cannot assign or otherwise transfer your obligations under the Terms, or any right granted hereunder to any third party. Chinmay education trust's rights under the Terms are freely transferable by Chinmay education trust to any third parties without the requirement of seeking your consent.

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.

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

Relationship: You acknowledge that your participation on the Application, does not make you an employee or agency or partnership or joint venture or franchise of the Company.

Chinmay education trust provides these Terms so that you are aware of the terms that apply to your/the Minor Student’s use of the Website/Application and Services. You acknowledge that, Chinmay education trust has given you a reasonable opportunity to review these Terms and that you have agreed to them.

Feedback:

Any feedback you provide with respect to the Application/Services shall be deemed to be non-confidential. The Application/Services shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that

your feedback does not contain confidential or proprietary information of you, the Minor Student or of third parties;

Chinmay education trust is not under any obligation of confidentiality, express or implied, with respect to the feedback;

the Application/Services may have something similar to the feedback already under consideration or in development; and

you are not entitled to any compensation or reimbursement of any kind from Chinmay education trust for the feedback under any circumstances, unless specified.

Under no circumstances shall Chinmay education trust 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/Website/Services