Terms and Conditions

These Terms and Conditions govern the use of Diksha Gurukul’s website and any content, public forums, or services offered through the website and mobile applications (collectively referred to as the “Platform”).

These Terms and Conditions apply to end users of the website (referred to as “Learners”, “You”, “Your”). The Terms and Conditions, including the Privacy Policy and any other terms and conditions published on the Platform or communicated to you from time to time (collectively referred to as the “Agreement”), define the relationship and responsibilities between You and the Creator (as defined herein) in using the Platform. Your access to the Platform is subject to your acceptance of this Agreement. Please take your time to read this Agreement.

When we speak of “Creator,” “we,” “us,” and “our,” we collectively mean Diksha Gurukul as the creator of this Platform and the content/materials/services contained therein.

By accessing this Platform, You are agreeing to be bound by the terms of this Agreement and all applicable laws and regulations. From time to time, versions of the above-mentioned policies and terms are made available on the Platform for your reference and to understand how we handle your personal information. By using or visiting the Platform and services provided to You on, from, or through the Platform, You are expressly agreeing to the terms of the Agreement and any other terms that are updated from time to time.

If You disagree with any part of this Agreement or do not wish to be bound by it, then please do not use the Platform in any manner.

Access and Registration

If You are an individual, You must be at least 18 years of age, or, if You are between the ages of 13 and 18, You must have your parent or legal guardian’s permission to use the Platform. By using the Platform, You are representing and warranting to us that You have obtained the appropriate consents/permissions to use the Platform. If You are under the age of 13 years or 16 years (depending on your country of residence), You may neither use our Platform in any manner nor may You register for any content or services offered therein.

To access any Content (as defined below) offered on the Platform, we require You to register for the same by providing your name and email address. Please read our Privacy Policy to understand how we handle your information. Further, You may also be required to make payment of a fee to access the Content, if applicable. For more information, please read our ‘Payments & Refunds’ section below. You represent that the information indicated by You during your enrolment or registration for any Content on the Platform is true and complete, that You meet the eligibility requirements for use of the Platform and the Content offered therein, and You agree to update us upon any changes to the information by writing to us at the contact information provided in the ‘Contact Us’ section below.

For the purpose of this Agreement, “Content” shall mean and include any course or session (whether pre-recorded or live) published by the Creator on the Platform, including, but not limited to, any reference materials and text files (if any) offered to You as part of the Content.

When You register or enrol for any Content on the Platform, You may also have access to discussion forums that enable You to exchange your thoughts and knowledge in relation to the Content or its subject matter with us and other registrants to the Content (“Public Forum”). Participating in the Public Forum is completely your choice, and by registering or enrolling to a Content on the Platform, You are not obligated to participate in such Public Forum.

We maintain and reserve the right to refuse access to the Platform or remove content posted by You in the Public Forums at any time without notice to You if, in our opinion, You have violated any provision of this Agreement.

Further, to access the Platform and/or view the content on the Platform, You will need to use a “Supported/Compatible Device” which means a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which You are authorized to operate the Platform. The Supported/Compatible Devices to access the Platform may change from time to time, and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that You use is compatible with any of the systems/software used on the Platform to access the content/material offered therein.

License to Use

You are granted a limited, non-exclusive license to access and view the Content on the Platform for your own personal, non-commercial use only. Further, if so allowed on the Platform, You may temporarily download one copy of any downloadable Content [including Creator Content (defined below)] on the Platform for personal and non-commercial transitory viewing only.

This license does not grant You the right to assign or sublicense the license granted under this Agreement to anyone else. Further, You may not:

• Modify, edit, or copy the Content, Creator Content, or any material made available on the Platform.

• Create derivative works or exploit any material made available on the Platform (including the Content and Creator Content) or any portion thereof (including, but not limited to, any copyrighted material, trademarks, or other proprietary information contained therein) in a manner that is not permitted under this license granted to You.

• Publicly display (commercially or non-commercially) the Content, Creator Content, or any material made available on the Platform or otherwise use the same for any commercial purpose.

• Attempt to decompile or reverse engineer any software contained in the Platform.

• Remove any copyright or other proprietary notations from the Content, Creator Content, or any material made available on the Platform.

• Transfer any material made available on the Platform to another person or ‘mirror’ the same on any other server.

For the purpose of this Agreement, “Creator Content” shall mean and include any audio files, video files, audio-visual files, images, text materials (including .doc, .docx, and .pdfs) (other than the Content) uploaded or otherwise published on the Platform by the Creator to be accessed by You, including, but not limited to, any such content/material posted by the Creator in any Public Forum.

This license shall automatically terminate if You violate any of these restrictions and may be terminated by us at any time. Upon termination of this license granted to You or your viewing of any material on the Platform (including Content and Creator Content), You must destroy any downloaded materials in your possession (whether in electronic or printed format).

Communications

The Platform includes provision and facilitation of Public Forums designed to enable You to communicate with us and other registrants to the Content You have registered for. As stated above, use of these Public Forums is completely your choice, and by registering for a Content, You are not obligated to participate in the Public Forum. However, if You choose to participate, You agree to adhere to the terms specified in the ‘Code of Conduct’ section hereinbelow and such other terms as may be published on our Platform. If it comes to our notice that your conduct is in violation of the terms of this Agreement, then we may terminate or suspend your access to any Public Forums at any time, without notice, for any reason. You represent and warrant that You own and control all rights in and to any content (including without limitation chats, postings, or materials) uploaded or posted by You on the Public Forums or anywhere on the Platform (“Learner Content”), or that You are licensed to use and reproduce such Learner Content. We are not responsible for the information that You choose to share on the Public Forums, or for the actions of other users therein. You further understand and agree that You shall be solely responsible for the Learner Content, including its legality, reliability, accuracy, and appropriateness, and the consequences of its publication.

Further, if you do post content or submit any Learner Content on the Platform, and unless otherwise indicated by You in writing (emails included) to us, You hereby grant us a non-exclusive, royalty-free, irrevocable, perpetual, and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Learner Content throughout the world in any media.

Code of Conduct:

You agree to the following:

• Legitimate usage of the Platform: You agree to use the Platform only for lawful purposes and You are not allowed to use our Platform to engage in any kind of activity that violates any applicable central, state, local, federal, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the USA or other countries). Also, You agree that You will not use the Platform in any manner that would disrupt, damage or impair the Platform or access to it, in any manner, including promoting or encouraging illegal activity such as hacking, cracking or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Platform and conduct of any form of fraudulent activity.

• No harmful or dangerous content: Any content which incites or promotes violence, that may cause physical or emotional harm or that may endanger the safety of any individual or is otherwise objectionable is expressly prohibited on the Platform. The Platform is to be used only for the permitted uses as detailed under this Agreement.

• No hateful or defamatory content: We realise that there may be instances when there are exchange of ideas and opinions which is essential in the learning process. While we agree that individuals have the right to voice their opinion, we believe that no one should be subjected to degrading or shaming speech, whether based on sex, race, sexual preferences, or otherwise hateful or derogatory speech or opinions. Therefore, You agree that You will not post any comments, pictures, images, recordings or any other content or material that ridicules, mocks, disparages, intimidates or abuses anyone, or is defamatory or libellous.

• No harassment, bullying or threatening: We are all here to learn. The purpose of the Platform is to provide learners an opportunity to gain knowledge and it is extremely important that every user of the Platform respects each other’s safety and comfort. Therefore, any content which is intended to harass, bully, or threaten anyone else is strictly prohibited on the Platform.

• No offensive content: Since our users are learners from different age groups, You agree that You will not post, upload, share, or otherwise make available any content, including comments, pictures, images, recordings, or any other content or material, that is pornographic, obscene, indecent, or sexually explicit, or that may be offensive to other users of the Platform, except to the extent that the content forms part of the educational material for which You have registered for.

• No infringing content: In uploading or posting any Learner Content on the Platform, You hereby represent that You are the owner of all the intellectual property rights in the Learner Content or otherwise authorized to use the same. Any content that infringes the intellectual property rights of any third party including, but not limited to copyrights, trademarks, trade secrets, and patents is expressly prohibited.

• No advertising or commercial content: You agree that You will not advertise, promote, market or solicit any goods or services, including engaging in any pyramid schemes or any other form of financial solicitation on the Platform. You may not post, upload, share or otherwise make available any content that comprises of commercial or business advertisements, marketing materials, affiliate links, and other forms of such solicitation. Also, any content posted on the Platform should not be intended to drive traffic to any other website, Platform, or social media platform, including by use of disguised URLs or affiliate links.

• No spamming: We understand that sharing is an important aspect of learning. However, You agree not to send any mass or unsolicited communications to any other users on the Platform. Any content that is repetitive, or unrelated to the intended educational use or content on the Platform is strictly prohibited.

• No misleading or deceptive content: You will not post, upload, share or otherwise make available any content that contains any information that is false, misleading, or inaccurate, including, without limitation, providing false or misleading information, impersonating others, or misrepresenting Your affiliation with any person or entity.

If You violate any of the provisions of this ‘Code of Conduct’, then You may be prohibited from accessing the Platform or Public Forums in future, or subject to other legal consequences.

Intellectual Property:

All right, title, and interest in and to the Platform and its contents (excluding the Learner Content) shall remain the exclusive property of us. Nothing in this Agreement shall confer on You any right of ownership or interest in any part of the Platform or its contents (excluding the Learner Content). You understand and agree that the Platform and its contents are protected by copyright, trademark, and other intellectual property laws.

Any unauthorized use of the Platform or its contents (excluding the Learner Content) is strictly prohibited and may violate copyright, trademark, and other laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform, use of the Platform, or access to the Platform without our express written consent.

Payments and Refunds:

When you enrol for any Content on the Platform, You may be required to make payment of a fee. The fees and payment methods are detailed on the Platform and may be subject to change from time to time. You agree to pay all fees and charges incurred in connection with Your enrolment at the rates in effect when the charges were incurred. Unless otherwise stated, all fees are quoted in INR. You are responsible for paying any applicable taxes in connection with Your enrolment.

Refunds for the fees paid by You, if any, are subject to our refund policy, as detailed on the Platform. You are advised to read and understand the refund policy before making any payment for enrolment.

Disclaimer of Warranties:

The Platform and its contents are provided on an ‘as is’ and ‘as available’ basis, without any warranties of any kind, either express or implied. We do not warrant that the Platform will be uninterrupted or error-free, that defects will be corrected, or that the Platform is free of viruses or other harmful components. We do not make any representations or warranties regarding the use or the results of the use of the Platform or its contents in terms of their correctness, accuracy, reliability, or otherwise.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability:

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Platform;

• Any conduct or content of any third party on the Platform;

• Any content obtained from the Platform; and

• Unauthorized access, use, or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Indemnification:

You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable legal fees and expenses, arising out of or in any way connected with Your access to or use of the Platform, Your violation of this Agreement, or Your violation of any rights of another.

Modifications to the Platform and Terms of Use:

We reserve the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. We shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Platform.

We may also revise this Agreement from time to time by posting the revised terms on the Platform. Your continued use of the Platform after the posting of any changes constitutes Your acceptance of such changes. You are advised to review this Agreement periodically for any changes.

Governing Law and Dispute Resolution:

This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in India.

Contact Us:

If You have any questions about this Agreement, please contact us at contact@dikshagurukul.com