TERMS AND CONDITIONS

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the website www.myedappt.com (“Site”) and MyEdappt Mobile Application (“Application”) owned and operated by Augmenta Wision Private Limited ("Company"). Site and Application shall be collectively referred to as “Software”.

By using the Software, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a Member or registered user of the Services. These Terms govern your access to and use of the Site, Software and Services and constitute a binding legal agreement between you and the Company. If you disagree with any part of the Terms then you do not have permission to access the Software.

1.  LICENSE TO USE THE SERVICES

The Company, through the Site and the Application enable students to enrol for courses and obtain educational services via a web-based platform (“Service”). Subject to your compliance with these Terms, Company grants you a non-exclusive and non-transferable single user license to download and install one (1) copy of the Application to your mobile device, tablet and/or computer, and to access and use the Software, solely for your own personal use.

You may not:

a.  license, sell, rent, lease, transfer, reproduce, distribute, host or otherwise commercially exploit any portion of the Software, or otherwise provide access to any portion of the Software to any third party (other than authorized users as permitted);

b.  frame or utilize framing techniques to enclose any trademark, logo, or other portion of the Software (including images, text, page layout or form);

c.  use any meta-tags or other “hidden text” using Company’s name or trademarks;

d.  modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Software;

e.  use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Software;

f.  access the Software in order to build a similar or competitive website, software or service;

g.  access the Software for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes without Company’s prior written permission; and

h.  remove any copyright notices or other proprietary markings contained on or in the Software.

2.  MEMBER’S ACCOUNT AND INFORMATION

a.  In order to access certain features of the Site and Application, and to enrol for courses, you must register to create an account and become a member (“Member”) and in doing so, you agree to:

  • provide true, accurate, current and complete information necessary to create an account including accurate, up-to-date and complete profile information; and
  • promptly update any such information to maintain its accuracy and completeness. Because proper implementation and operation of the Software is dependent on the accuracy, completeness and timeliness of the personal information, it is of the utmost importance that the you take great care in maintaining and updating your personal information at all times during the term of the Agreement and/or until the Software is utilised by you.

b.  Membership of Services maybe obtained by students, teachers, tutors, course providers and parents and guardians on behalf of their children and wards.

c.  You shall maintain the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Service or a third-party service. You must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of your account.

d.  Please note that Company assumes no responsibility for your compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Company reserves the right, at any time and without prior notice, to remove or disable access to any Member for any reason, that Company, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application or Services.

e.  If you are a teacher, course provider or tutor, you understand and agree that your relationship with the Company is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint- venture or partner of the Company for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of the Company. Company does not control, your offline activities. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of the Company, including by inappropriately using the Company’s intellectual property.

3.  PAYMENT TERMS

a.  Your enrolment for the Services is the discretion of the Company. Company reserves the right to approve or reject an enrolment request. Your enrolment will be confirmed via email and the you may then enrol for various courses and classes. For the courses listed on the Application, you must pay the requisite course fee based on the type of courses chosen by you.

b.  The course fees payable will be displayed on the Site or Application and you may view the course fee prior to sending an enrolment request to the Company. The total amount payable by you for the courses chosen is displayed on the Site or Application and you may proceed to make payment via a payment gateway facilitated by the Site or Application. You may commence your courses only after making full payment of the course fee. Course fee may be paid monthly, quarterly, semi-annually or annually, depending on the course structure.

c.  You agree that no refund will be permitted in respect of courses already completed. The Company reserves the right to make pro-rata deduction in the event refund is requested for incomplete courses.

d.  You agree that Company through its Site or Application would raise system generated invoice to you in relation to the course for which you have enrolled or in relation to any kind of payment done, as per applicable laws. Such invoice may be inclusive of all applicable taxes.

e.  You to pay the course fees for any enrolment requested, in connection with your account.

4.  COURSE LISTINGS

a.  Company offers courses and content for educational purposes outside the purview of any accreditation board prescriptions. While we seek to provide world-class content, unexpected events do occur. Company reserves the right to cancel, interrupt, reschedule, or modify any content, or change the point value or weight of any assignment, quiz, or other assessment.

b. Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of courses through the Site or Application does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a course unless you have earned a course certificate or other equivalent documentation of your completion of the courses. The Company has no obligation to have courses recognized by any educational institution or accreditation organization.

c.  Company welcomes your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant the Company the right to use the Feedback without any restriction or any compensation to you.

5.  MEMBER CONDUCT

a.  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, Application and Services. In addition to obligations under Clause 1 above, you hereby agree and acknowledge that you will not:

  • violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;
  • use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Company’s endorsement, partnership or otherwise misleads others as to your affiliation with the Company;
  • dilute, tarnish or otherwise harm the Company’s brand in any way, including through unauthorized use of the content, registering and/or using MyEdaptt or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to the Company’s domains, trademarks, taglines or promotional campaigns;
  • infringe the rights of the Company or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
  • use the Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use the Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
  • "stalk" or harass any other user of the Site, Application or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Member;
  • register for more than one MyEdappt account or register for a MyEdappt account on behalf of an individual other than yourself, except in case where the parent is registering the account for its child or guardian for its ward;
  • contact another Member for any purpose other than asking a question related to an enrolment, course, listing, or the Member's use of the Site, Application and Services;
  • recruit or otherwise solicit any Member to join third-party services or websites that are competitive to the Company without the Company’s prior written approval;
  • recruit or otherwise solicit any Member to join third-party services, applications or websites, without the Company’s prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • violate these Terms or Company’s then-current Policies and or Standards;
  • engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of the Site, Application, or Services;
  • post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group or hurts any religious sentiments; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • use, display, mirror or frame the Site, Application or Services or any individual element within the Site, Application or Services, the Company’s name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Company's express written consent;

b.  Company reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Company may take a range of actions against you, including but not limited to deactivating or cancelling your account, for a violation of this section or these Terms.

c.  You acknowledge that Company has no obligation to monitor your access to or use of the Site, Application or Services or to review or edit any Member content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.

d.  Company reserves the right, at any time and without prior notice, to remove or disable access to any content that Company, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

6.  REPORTING MISCONDUCT

If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to the Company by contacting the Company with your police station and report number; provided that your report will not obligate the Company to take any action beyond that required by law (if any) or cause the Company to incur any liability to you.

7.  DOWNTIME AND SUSPENSION OF SOFTWARE

You may experience downtime as a result of Software maintenance. In addition, Company may at its discretion, suspend access to the Software for in the event of your breach of these Terms, if Company has reasonable grounds to suspect that any information provided by you is untrue, inaccurate, not current or incomplete, or if Company deems it reasonably necessary to avoid or mitigate harm to the Software.

8.  TERM AND TERMINATION

Term

These Terms shall be effective for till the time Members access or use the Site, Application or Services or by downloading or posting any content from or on the Site, via the Application or through the Services until such time when you or the Company terminate your agreement.

Termination

You may terminate your account at any time via the "Cancel Account" feature on the Site or by sending the Company an email. If you cancel your account, any confirmed enrolment will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy. Company may terminate your account for convenience at any time by giving you 30 days' notice via email to your registered email address.

Company may immediately, without notice terminate your account if (i) you have materially breached these Terms or the Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of Clause 5 above, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the account registration, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Company believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Company or third parties, for fraud prevention, risk assessment, security or investigation purposes.

9.  INTELLECTUAL PROPERTY

Company or its affiliates own all right, title and interest in and to the Site, Application and Software (including, but not limited to, all photographs, animations, statistics, graphics, text, and any other materials contained therein), the Software information, including, without limitation, all intellectual property rights therein. Company’s service marks, logos and Software and service names are owned by the Company or its affiliates. You agree not to display or use any such marks in any manner without Company’s prior written permission.

10.  CONFIDENTIAL INFORMATION

a.  Company’s Privacy Policy explains Company’s commitment to protecting your personal information including name, age, gender, address, contact details, etc (“Confidential Information”) and nothing in this section limits the parties’ respective rights or obligations under Privacy Policy. Neither party shall disclose or use any Confidential Information of the other party except: (a) as reasonably necessary to perform its obligations or exercise any rights granted hereunder; (b) with the other party’s prior written permission; or (c) to the extent required by law or order of a court or other governmental authority or regulation. Each party agrees to protect the other party’s Confidential Information in the same manner that it protects its own Confidential Information of like kind, but in no event using less than a commercially reasonable standard of care consistent with applicable law.

b.  In the context of these Terms, Confidential Information means (a) any software utilized by the Company in the provision of the Software and its respective source code; (b) each party’s business or technical information, including but not limited information relating to software plans, designs, costs, prices and names, business opportunities, personnel, research, development or know-how that is designated by the disclosing party as “confidential” or “proprietary” or the receiving party knows or should reasonably know is confidential or proprietary; and (c) any special pricing or other non-standard terms agreed to by the parties in a separate written document. Confidential Information will not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the disclosing party; (b) was known to a party prior to its disclosure by the other party without breach of any obligation owed to the other party; (c) was independently developed by a party without breach of any obligation owed to the other party; or (d) was or is received from a third party without breach of any obligation owed to the other party.

11.  REPRESENTATIONS AND WARRANTIES

As a condition of your access to and use of the Site, Application and Software, you represent and warrant that:

a.  You have read and fully accept the Terms and its contents;

b.  You have not and will not provide false information or impersonate another person or entity;

c.  You will only use your own user name and password to access the Site, Application and Software;

d.  You will maintain the confidentiality of your user name and password at all times;

e.  You will not assist anyone in gaining unauthorized access to the Site, Application and Software;

f.  You will only attempt to access the Site, Application and Software which you have been authorized to access; and

g. . You will notify the Company if you are aware of any unauthorized use of your user name or password in an attempt to access the Site, Application and Software.

12.  INDEMNIFICATION

You agree that neither the Company nor any of its officers, directors, employees, agents or service providers shall have any liability to you for claims related to your use of the Site, Application and Software and you hereby release the Company and the Company’s officers, directors, employees, agents or service providers from any and all such claims.

You acknowledge that certain security and privacy risks are inherent in your use of the Site and Application and the internet generally, including the potential that any data or information transferred via the Site and Application may be subject to security breaches.

You agree to indemnify and hold the Company, its officers, directors, employees and agents harmless from any and all claims, liabilities, damages, and expenses (including attorneys’ fees) relating to your content and your use of the Site and Application in violation of these Terms.

13. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and any dispute arising from or relating to the Terms are governed by the laws of India and you consent to exclusive personal jurisdiction and venue in the courts located in Cochin, Kerala.

14.  DISCLAIMERS

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

15.  LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE COMPANY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL THE COMPANY’S LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES AND SOFTWARE EXCEED INR 10000.