These Terms of Use set out the terms and conditions for use of this Brahmvarchas (“Website”) and any content, Public Forums, or services offered on or through the Website and/or through any mobile application(s) (“Application”) (collectively referred to as the “Platform”).
These Terms of Use apply to end users of the Website (referred to as “Learners”, “You”, “Your”). These Terms of Use, 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 Creator (as defined herein) in using the Platform. Your access to the Platform is subject to Your acceptance of this Agreement. Hence, please take Your time to read this Agreement.
When we speak of “Creator”, “we”, “us”, and “our”, we collectively mean Brahmvarchas being 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, 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 the same, then please do not use the Platform in any manner.
1. Access and Registration
If You’re an individual You must be at least 18 (eighteen) 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, through Your actions, 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 Refund Policy. 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 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. Supported/Compatible Devices may change from time to time and may depend on software or systems provided or maintained by device manufacturers or other third parties. Please make sure that the device You use is compatible with the systems/software used on the Platform.
3. 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) 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 copyrighted material, trademarks, or other proprietary information, in a manner not permitted under this license.
- Publicly display the Content, Creator Content or any material made available on the Platform, commercially or non-commercially, 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 it 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 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 or Your viewing of any material on the Platform, You must destroy any downloaded materials in Your possession, whether in electronic or printed format.
5. 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. Use of these Public Forums is completely Your choice and You are not obligated to participate. If You choose to participate, You agree to adhere to the terms specified in the Code of Conduct section below and any other terms published on our Platform.
If it comes to our notice that Your conduct violates this Agreement, 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 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 information You choose to share on Public Forums or for actions of other users.
You shall be solely responsible for Learner Content, including its legality, reliability, accuracy, appropriateness and the consequences of its publication.
Unless otherwise indicated by You in writing, including by email, You grant us a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Learner Content throughout the world in any media.
7. Code of Conduct
You agree to the following:
Legitimate usage of the Platform
You agree to use the Platform only for lawful purposes and may not use it to engage in activities that violate applicable central, state, local, federal or international laws or regulations. You agree not to use the Platform in any manner that would disrupt, damage or impair the Platform or access to it, including promoting illegal activity such as hacking, cracking, distribution of counterfeit software, compromised accounts, cheats, hacks or fraudulent activity.
No harmful or dangerous content
Content which incites or promotes violence, may cause physical or emotional harm, may endanger the safety of any individual or is otherwise objectionable is expressly prohibited. The Platform is to be used only for permitted uses detailed under this Agreement.
No hateful or defamatory content
While individuals have the right to voice their opinions, we do not encourage or tolerate hate speech or statements that are libellous, slanderous, threatening, violent, predatory, defamatory, or that incite hatred against specific individuals or groups with respect to race or ethnic origin, country, caste, religion, disability, gender, age, sexual orientation or gender identity.
Violent and graphic content
Content whose sole objective is to sensationalise, shock or disturb individuals is not allowed. Content that promotes terrorist acts or incites violence may not be uploaded to the Platform.
Harassment and bullying
We do not tolerate harassment or bullying and strive to keep the Platform a safe space for learning. This includes abusive videos, comments, messages, revealing someone's personal or sensitive information, content intended to humiliate someone, sexual harassment or sexual bullying in any form.
Spam
Posting untargeted, unwanted and repetitive content, comments or messages intended to spam a Public Forum or the Platform and drive traffic to third-party sites violates this Agreement. Links to external websites containing malware or other prohibited material are not allowed.
Scams
Content uploaded or posted to trick others for financial gain is not allowed. Extortion and blackmail are not tolerated.
Privacy violation
Please refer to our Privacy Policy to understand how to protect Your privacy and respect the privacy of other Users.
Impersonation
Impersonating another person, including another learner, is not permitted. This includes using names, images, documents, certificates, logos, brand names or other distinguishing marks that do not belong to You, or pretending to be a company, institute or group.
Unauthorized Access or Disabling of Platform
You agree not to:
- Use the Platform in a manner that could disable, overburden, damage or impair it, or interfere with another user's use.
- Use a manual process to monitor or copy Platform material for an unauthorized purpose.
- Use a device, software or routine that interferes with the proper working of the Platform.
- Attack the Platform via a denial-of-service attack.
- Attempt unauthorized access to, interfere with, or disrupt any part of the Platform, its servers or connected systems.
- Introduce viruses, trojan horses, worms, keystroke loggers, malware or other technologically harmful material.
If any violation of the above rules of conduct comes to our notice, we reserve the right to refuse Your access to the Platform, terminate accounts or remove violating content at any time without notice to You.
8. Intellectual Property
We own all information and materials, including Content and Creator Content (in whatever form or media) provided or communicated to You by or on behalf of us, including the Platform, trademarks, trade dress, logos, wordmarks, illustrations, letters, images, ideas, concepts, layout, design, flow, look and feel of the Platform, graphics, audio files, video files, software owned or licensed by us, instructions embedded in digital documents and other data, information or material made available to You by us (“Creator’s Intellectual Property”).
Creator’s Intellectual Property, including copyrights and trademarks contained therein, may not be modified by You in any way. You acknowledge that You do not acquire ownership rights to Creator’s Intellectual Property by using the Platform. It is protected by applicable intellectual property laws, including international copyright, trademark, patent, trade secret and other proprietary rights laws. Unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance is strictly prohibited.
9. Feedback
If You submit suggestions, ideas, comments or questions containing product feedback about any Content, the Platform or any part thereof, either through a Public Forum or otherwise (“Feedback”), You grant us a worldwide, non-exclusive, royalty-free, perpetual and irrevocable right to use, and full right to sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit and display such Feedback in any form.
You shall have no intellectual property right in any Content, Platform or any part thereof as a result of our incorporation of Feedback into any Content or the Platform.
10. Payments and Refunds
To register/enrol for any Content, You may need to pay a fee as applicable (“Content Fee”). Please refer to our Platform for pricing. Payment of such Content Fee shall be processed through third-party payment processors. Your payments may be subject to applicable taxes, so we suggest that You read the terms and policies of those third-party payment processors.
Once You purchase access to Content on the Platform, the same cannot be cancelled and there shall be no refund of the Content Fee, unless otherwise stated in our Refund Policy.
We use third-party service providers to enable payments for purchases made on the Platform. We do not capture and/or store Your sensitive personal information through these payment services. Please read the terms and conditions of the applicable third-party payment gateway or service provider.
11. Disclaimer
THE PLATFORM IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CREATOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
WITHOUT LIMITATION TO THE FOREGOING, THE CREATOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM OR THE SERVICES OR PRODUCTS OFFERED THEREIN WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE CREATOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE PLATFORM; OR (IV) THAT THE PLATFORM, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE CREATOR ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH A CASE, THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
12. Limitation of Liability
In no event shall the Creator be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Content or any other materials on the Platform, even if the Creator or any authorized personnel of the Creator has been notified orally or in writing of the possibility of such damage. Some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, so some or all of these limitations may not apply to You.
13. Indemnity and Release
You shall indemnify and hold harmless the Creator and, where applicable, its officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of Your breach of this Agreement or any document incorporated by reference, or Your violation of any law, rules, regulations or the rights of a third party.
14. Links to Third Party Website
Creator has not reviewed all of the sites linked to its Platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Creator of such site. Use of any such linked website is at Your own risk.
15. Governing Law and Jurisdiction
Any claim relating to the Platform shall be governed by the laws of the Creator’s home jurisdiction (as provided on the Platform) without regard to its conflict of law provisions. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Creator’s home jurisdiction.
16. Miscellaneous
Alteration of Platform or Amendments to the Conditions
We reserve the right to make changes to our Platform, policies and this Agreement at any time. We will post the new terms with a revision date indicated at the top or, if deemed practicable, elsewhere on the Platform. You should check our Platform frequently to see recent changes. You will be subject to the Agreement and the policies in force at the time You use the Platform or any part thereof, unless a change is required by law or government authority, in which case it will apply to orders previously placed by You.
If any of these conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Waiver
If You breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where You breach these conditions.
Assignment
You may not assign or transfer this Agreement, by operation of law or otherwise. Any attempt by You to assign or transfer this Agreement will be null and void.
Severability
If any provision of this Agreement is adjudged by a court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement will otherwise remain in effect.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect Your statutory rights.
17. Contact Us
If You have concerns or queries regarding this Agreement, You may write to us by email at support@brahmvarchas.org.