TERMS AND CONDITIONS
(Effective since 31st January 2023)
1. Introduction
1.1 INDIGYA INNOVATIONS PRIVATE LIMITED henceforth will be referred to as INDIGYA having its registered office at C/O Raju Gope, Adalhatu, Ranchi -834008, India provides online courses and conducts online classes, live sessions, doubt clearing sessions for the students seeking to enroll for such courses (the ” Services”). These Services are accessible at www.Indigya.com and any other websites through which INDIGYA makes the Services available (collectively, the “Site “) and as applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the “Applications”).
1.2 By accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site, via the Applications, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services (“ Terms of Services” or “Terms”), whether or not you have registered with the Site and/or Application.
1.3 Therefore, carefully read these Terms of Service before accessing or using the Site, Application or Services or downloading or posting any content from or on the Site, via the Application or through the Services, as they contain important information regarding your legal rights, remedies, and obligations.
1.4 If you do not agree to these Terms, then you have no right to access or use the Site, Application, Services, or Collective Content (as defined below).
1.5 If you are using the Site, Application or Services then these Terms of Service are binding between you and INDIGYA.
2. Definition
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:
2.1 “Courses” means educational courses listed on the Site or Application.
2.2 “Course Fees” means the amounts that are due and payable by a Student for enrolment of Course.
2.3 “Collective Content” means Member Content and INDIGYA Content.
2.4 “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
2.5 “Listing” means Courses that are listed by INDIGYA as available via the Site, Application, and Services.
2.6 “Member” means a person, who completes INDIGYA’s account registration process, including but not limited to Teachers and Students, as described under “Account Registration ” in Clause 7 below.
2.7 “Member Content ” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile, or INDIGYA promotional campaign to be made available through the Site, Application, or Services.
2.8 “Payment Method” means a payment method that you have added to your INDIGYA Account, such as a credit card, debit card, or net banking.
2.9 “Student ” means a Member who enrolls for Courses on Application or Site, in the case of minor student the parent or guardian who enroll their child or ward for the Courses on Application or Site.
2.10 “Tax” or “Taxes ” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), or service tax, that may be required by law to collect and remit to governmental agencies.
2.11 “Teacher”, “Instructor” or “Tutor” means a Member who has been selected by INDIGYA in order to provide services through the Site or Application
2.12 “Indigya Content ” means all Contents that INDIGYA 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. Terms of Service
3.1 We believe that every user of our Application/Services/products/Website must be in a position to provide informed consent prior to providing any Information required for the use of the Application/Services/products/Website. By registering with us, you are expressly consenting to our collection, processing, storing, disclosing, and handling of your information set forth in our Privacy Policy now and as amended by us. Processing, your information in any way, including, but not limited to, collecting, storing, deleting, using, combining, sharing, transferring, and disclosing information, all of which activities will take place in India. If you reside outside India your information will be transferred, processed, and stored in accordance with the applicable data protection laws of India.
3.2 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), constitute a binding legal agreement between you and INDIGYA.
3.3 The user further accepts to allow INDIGYA to reach them through Call, SMS, Email, and Whatsapp for providing existing services and for providing information on new products and services and it will supersede the registry of NDNC & DND as per the regulation of TRAI under the guidelines of TCCPR.
3.4 In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
3.5 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.
3.6 The Site, Application and Services comprise an online platform that creates Listings for Courses where Students may learn about and enroll for the course directly through the Site and Application.
3.7 You acknowledge and agree that, by accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site or via the Application, you are indicating that you have read, and that you understand and agree to be bound by these Terms and receive our Services, whether or not you have registered with the Site and Application. If you do not agree to these terms, then you have no right to access or use the Site, Application, Services, or Collective Content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
4. GDPR COMPLIANCE STATEMENT
INDIGYA respects and complies with the EU General Data Protection Regulations (GDPR). Some of the key ways we comply with these regulations are:
4.1 Consent
We explain what you are consenting to clearly and without ‘legalese’.
4.2 Breach Notification
In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach.
4.3 Right to Access
Users can request confirmation as to how the personal data concerning them is being processed and for what purpose. Further, we shall provide a copy of the personal data, in an electronic format.
4.4 Right to be Forgotten
Once we have compared your (the subjects’) rights to “the public interest in the availability of the data”, we may delete your personal data where you have requested this.
4.5 Data Portability
We allow you to receive the personal data concerning you, which we will provide in a ‘commonly used and machine-readable format’ and you have the right to transmit that data to another ‘controller’.
4.6 Privacy by Design
We implement appropriate technical and organizational measures, in an effective way and protect the rights of data subjects. We hold and process only the data absolutely necessary for the completion of our duties (data minimization), as well as limiting the access to personal data to those needing to act out the processing.
5. Eligibility
Use of the Site, Application and Services is available only to persons who can form legally binding contracts under Indian laws. The Site, Application and Services are intended solely for persons who are 18 years of age or older. If you are below 18, then your parent or guardian can open an account and help you enrol in courses that are appropriate for you. The use of the Site, Application and Services is also not available to persons whose membership has been suspended or terminated by Indigya for any reason whatsoever. Any access to or use of the Site, Application or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years or older.
6. Usage of Site, Application or Services
6.1 The Site, Application and Services can be used to facilitate the Students to enroll for Courses. Such Courses are included in Listings on the Site, Application and Services by INDIGYA. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to enroll for the Courses, you must first register to create an INDIGYA Account (defined below).
6.2 INDIGYA makes available an online platform that provides various online Courses for Students. Unless explicitly specified otherwise in the Indigya platform, Indigya’s responsibilities are limited to facilitating the availability of the Courses through the Site, Application and Services.
7. Account Registration
7.1 In order to access certain features of the Site and Application, and to enroll for Courses, you must register to create an account (“Indigya Account “) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. A Teacher is also registered and an account (“ Indigya Account”) is created once selected by INDIGYA for providing services through the Site or Application.
7.2 You can also register to join by logging into your account with certain third-party social networking sites (“SNS “) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Indigya Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Indigya through the Site, Services or Application; or (ii) allowing Indigya to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Indigya and/or grant Indigya access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Indigya to pay any fees or making Indigya subject to any usage limitations imposed by such third-party service providers. By granting Indigya access to any Third-Party Accounts, you understand that Indigya will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (” SNS Content “) so that it is available on and through the Site, Services and Application via your Indigya Account and Indigya Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Indigya Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Indigya ‘s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Indigya Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. Indigya makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Indigya is not responsible for any SNS Content.
7.3 Your Indigya Account and your Indigya Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Indigya Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Indigya reserves the right to suspend or terminate your Indigya Account and your access to the Site, Application and Services if you create more than one (1) Indigya Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
7.4 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Indigya Account, whether or not you have authorized such activities or actions. You will immediately notify Indigya of any unauthorized use of your Indigya Account.
8. Course Listings
8.1 Indigya will create Listing of various online Courses and the details about the Course, including, but not limited to, the subject, topic, number of sessions, mode of conduct, and time slots of the lectures and pricing and related rules and financial terms will be listed on the Site and the Application. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to Students preferences, ratings. Students will be able to view Courses via the Site, Application and Services based upon the information provided in the Listing, Students requirements, and Students’ search parameters and preferences. We understand and agree that once a Student requests enrolment for Course, We may not request the Student to pay a higher price than that mentioned in the Site or Application.
8.2 Please note that Indigya assumes no responsibility for a Student’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Indigya reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that Indigya, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Indigya’s the then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
8.3 If you are a Teacher, you understand and agree that your relationship with Indigya is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint- venturer or partner of Indigya 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 Indigya. Indigya 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 Indigya, including by inappropriately using any Indigya intellectual property.
8.4 When you enroll for a Course, you will also be required to upload certain information, such as uploading a profile picture or verifying phone number. Any Member wishing to enroll in any of the Courses must meet these requirements.
9. No Endorsement
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Indigya with respect to such actions or omissions.
10. Payment Terms
10.1 If an enrolment is requested for any Course via the Site, Application or Services, We will either pre-approve, confirm or reject the enrolment request within the period of 7 days from the date of request for enrolment (‘ Enrolment Request Period’ ), otherwise the enrolment request will automatically expire. If We are unable to confirm or decide to reject an enrolment request within the Enrolment Request Period, any amounts collected by Indigya for the requested enrolment will be refunded to the concerned Student. When We confirm an enrolment requested by a Student, Indigya will send the Student an email, text message or message via e-mail and the Application confirming such enrolment, depending on the selections you make via the Site, Application and Services.
10.2 The Course Fees payable will be displayed to the Student before the Student sends an enrolment request to Indigya . Upon receipt of the Students enrolment request, Indigya may initiate a pre-authorization and/or charge a nominal amount to Student’s Payment Method pursuant to the Payments Terms. If a requested enrolment is cancelled (before any tuitions are provided), any amounts collected by Indigya will be refunded to such Student, depending on the selections the Student makes via the Site and Application, and any pre-authorization of Student’s Payment Method will be released, if applicable.
10.3 Indigya will collect the Course Fees from Students at the time of the enrolment request.
10.4 Indigya agrees that no refund will be permitted in respect of tuitions already provided and in accordance with the cancellation policy reflected in the relevant Listing, (i) permit the Student to cancel the enrolment and (ii) refund to the Student that portion of the Course Fees specified in the applicable cancellation policy. In case relevant Listing does not have a specified cancellation policy, the refund amount would be pro-rata to the unconsumed portion of the tuition.
10.5 You agree that Indigya through its Site or Application would raise system generated invoice to the Student in relation to the Course for which the Student has enrolled or in relation to any kind of payment done, as per applicable laws. Indigya will raise invoice for the above which shall be inclusive of all applicable Taxes.
10.6 You as a Student agree to pay the Course Fees for any enrolment requested, in connection with your Indigya Account. Indigya will collect the Course Fees pursuant to the Payments Terms.
10.7 Once you’re confirmed enrolment transaction is complete you will receive a confirmation email summarizing your confirmed enrolment.
11. Cancellations and Refunds
11.1 If, as a Student, you wish to cancel a confirmed enrolment made via the Site or the Application, after enrolment to the Course, the cancellation policy contained in the applicable Listing will apply to such cancellation provided that no refund will be made in respect of tuitions already provided. Our ability to refund the Course Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy and financial charges applicable in case of course payment through No Cost EMI options. Details regarding refunds and cancellation policies are available via the Site and Application. Indigya will initiate any refunds due pursuant to the Payments Terms. Please refer to the detail Cancellation & Refunds policy section, latest updated terms and conditions for various categories of services /listings/courses.
11.2 If We cancel a confirmed enrolment made via the Site, Services, and Application, (i) Indigya will refund the Course Fees paid by the Student for such enrolment to the applicable Student pursuant to the Payments Terms which shall not exceed the total amount paid by the Student.
12. Taxes
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority “) where your office or residence is located may require Taxes to be collected from Students on the amount paid for the Course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Course Fees set by Indigya .
13. User Conduct
13.1 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, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
a. Violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
b. 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;
c. Access or use our Site, Application, Services expose or allow to be used or exposed, any Indigya Content: (i) that is not publicly displayed by Indigya in its search results pages or listing pages before an enrolment is confirmed; (ii) in any way that is inconsistent with the Indigya ’s Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Indigya ‘s users or any other third party;
d. Use the Site, Application, 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 Indigya endorsement, partnership or otherwise misleads others as to your affiliation with Indigya ;
e. Dilute, tarnish or otherwise harm the Indigya brand in any way, including through unauthorized use of Collective Content, registering and/or using Indigya 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 Indigya domains, trademarks, taglines, promotional campaigns or Collective Content;
f. Copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
g. Infringe the rights of Indigya or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
h. Interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
i. Use our 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;
j. Use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam “) or advertisements unrelated to lodging in a private residence;
k. “Stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Indigya Student;
l. Register for more than one Indigya Account or register for an Indigya 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;
m. 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;
n. Recruit or otherwise solicit any Member to join third-party services or websites that are competitive to Indigya , without Indigya ‘s prior written approval;
o. Recruit or otherwise solicit any Member to join third-party services, applications or websites, without Our prior written approval;
p. Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
q. Use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
use the Site, Application, Services or Collective Content to find a Student and then complete an enrolment of Course independent of the Site, Application or Services, in order to circumvent the obligation to pay any Fees related to Indigya ‘s provision of the Services or for any other reasons;
s. Violate these Terms or Indigya ‘s then-current Policies and or Standards;
t. Engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Platform, Application, or Services;
u. 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; (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;
v. Systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
w. Use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Indigya ‘s name, any Indigya 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 Indigya ‘s express written consent;
x. Access, tamper with, or use non-public areas of the Site, Application or Services, Indigya ‘s computer systems, or the technical delivery systems of Indigya ‘s providers;
y. Attempt to probe, scan, or test the vulnerability of any Indigya system or network or breach any security or authentication measures;
z. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Indigya or any of Indigya ‘s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
aa. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
ab. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
ac. advocate, encourage, or assist any third party in doing any of the foregoing; or
ad. accept or make a payment for Course Fees outside Indigya . If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Indigya harmless from any liability for such payment.
13.2 Indigya has 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, Indigya may take a range of actions against you, including but not limited to deactivating or cancelling Indigya Account, for a violation of this Section or these Terms.
13.3 Indigya may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Indigya or to comply with legal process (for example, summons or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Indigya , its users, or members of the public.
13.4 You acknowledge that Indigya has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content 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.
13.5 Indigya reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Indigya , 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.
14. Child Safety Policy
This policy is applicable to all persons and organizations associated with Indigya , referred to as Indigya ’s Stakeholders, including:
i) Employees of Indigya , who maybe full-time or part-time employees, permanent or temporary employee, regular permanent employee or employed on contract
ii) Organizations and persons belonging to that organization, who may partner and/ or work with Indigya in any capacity, even for a limited time period or job
iii) Volunteers who may work with Indigya , in whichever capacity, even for a limited period of time
iv) Children enrolled as students of Indigya and their parents or guardians who associate with the child in the official records of Indigya
v) Children who may not be enrolled but are reached out through marketing or sales of the product and their parents or guardians who associate with the Child
vi) Any other person or organisations who may be officially associated with Indigya and its ambit of work and activity
In instances and circumstances where Indigya may not have required control over the person alleged of any concern under this policy, including an instance of child abuse, Indigya shall provide the required cooperation, assistance and support to such parent or guardian of the affected child, in approaching any external, legal mechanism including the Police and/or the Courts, though Indigya is itself not personally liable in such instances.
Indigya expects all its stakeholders falling within the scope of this policy [Part A (II)] to adhere to the following child safety code of conduct :
1. Expected Behaviour and Actions
i) Listen to the child and, their views and opinions
ii) Have a non-judgmental attitude
iii) Treat every child with empathy and respect regardless of his/her race, colour, gender, sexuality, religion, language, heritage, religious belief, social origin, or any point that discriminated a child
iv) Use appropriate language, behaviours while interacting with the child
v) Use appropriate language, behaviours in any online medium used by the organisation to communicate or engage with children
vi) Create an environment that enables children to share and express freely
vii) Always take permission and written consent from guardian before taking photos or videos of a child
viii) Keep all personal information of children, their parents and guardians confidential and secure, such information shall only be shared with authorised individuals
ix) The live online classes and the content, including but not limited to audio visual content is age appropriate and culturally appropriate
2. Prohibited Behaviours and Actions
i) Do not develop, induce or support any emotional, online/offline physical abuse or sexual relationship with children in any way
ii) Do not use or encourage the use of alcohol, drugs, cigarettes or other intoxicating substance in any of your interaction with children
iii) Do not develop any form of relationship or arrangement with children including but not limited to financial, which could be deemed to be exploitative or abusive
iv) Do not share with or show children online/offline any inappropriate content including pornographic material or material that encourages crime, violence, racism, sexism, self-harm, suicide, cruelty
v) Do not use language or behaviour towards children that is inappropriate, harassing, abusive, sexually provocative, demeaning, intimidating, discriminatory, or culturally insensitive
15. 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 Indigya by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
16. Privacy
In order to provide the services to you we collect some of your Personal Information. We describe our collection and use of personal information in our Privacy Policy . Please review this policy. You must agree to the processing of your personal information as laid out in Indigya ‘s Privacy Policy (as may be updated from time to time). You agree that Indigya may disclose personal information provided to us, including the data entered into the Website, if required to by law or government request such as a warrant, or as specified in the Privacy Policy . You must be 18 years or older to use this service. You are responsible for preventing unauthorized access to your account.
17. Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of India. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Indigya and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Indigya used on or in connection with the Site, Application, Services, and Indigya Content are trademarks or registered trademarks of Indigya in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Indigya Content are used for identification purposes only and may be the property of their respective owners. As a Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Indigya ‘s Trademark & Branding Guidelines (as may be updated from time to time).
18. Additional Terms
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
19. Application License
Subject to your compliance with these Terms, Indigya grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.
20. Indigya Content and Member Content License
20.1 Subject to your compliance with these Terms, Indigya grants you a limited, non-exclusive, non-transferable license, to (a) access and view any Indigya Content solely for your personal and non-commercial purposes and (b) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
20.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Indigya or its licensors, except for the licenses and rights expressly granted in these Terms.
21. Member Content
21.1 We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Indigya promotional campaigns, you hereby grant to Indigya a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Indigya does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
21.2 You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Applications, Services or through Indigya promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Indigya promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Indigya the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Indigya ‘s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Indigya promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
22. Hyperlinks
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Indigya is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Indigya of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
23. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback “). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Indigya and you hereby irrevocably assign to Indigya and agree to irrevocably assign to Indigya all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Indigya ‘s request and expense, you will execute documents and take such further acts as Indigya may reasonably request to assist Indigya to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
24. Copyright Policy
Indigya respects copyright law and expects its users to do the same. It is Indigya ‘s policy to terminate in appropriate circumstances the Indigya Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
25.Termination, suspension and Other Measures
25.1 Term
Until you or Indigya cancel the Agreement in accordance with the terms below, Members may access or use the Site, Application, or Services, or download or publish any content there from or via the Application or the Services, as applicable.
25.2 Termination for practical reasons
You can cancel your account at any moment using the site’s “Cancel Account” option or by writing us an email. Any confirmed enrollment will be automatically terminated if you cancel your Indigya Account, and the terms of any refund will be governed by the applicable cancellation policy. Without limiting the rights set out below, Indigya may end this Agreement at any time by sending a notice of termination to your registered email address that is effective for 30 days.
25.3 Termination for breach, suspension and other measures
a. Indigya may terminate this Agreement immediately and without notice if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the ” User Conduct ” provisions in these Terms, (ii) you provided inaccurate, fraudulent, outdated, or incomplete information during the Indigya Account registration, Listing process, or thereafter, or (iii) you have violated applicable laws.
b. Furthermore, Indigya reserves the right to deactivate or delay reviews or other Member Content, cancel any pending or confirmed enrolments, limit your use of or access to your Indigya Account and the Site, Application, or Services, temporarily or permanently revoke any special status associated with your Indigya Account, or temporarily or permanently suspend your Indigya Account if (i) you have breached these Terms or our Policies, including material and nonmaterial breaches and receivable breaches and receiving poor ratings from Students.
c. In the event of non-material violations, you shall be notified of any measures taken by Indigya and given the chance to rectify the situation to Indigya’s reasonable satisfaction.
25.4 Termination & Consequences
a. If we take any of the measures described above, we may (i) notify the Students that a pending or confirmed enrolment has been canceled, (ii) refund the Students in full for any and all confirmed enrolments, regardless of pre-existing cancellation policies, (iii) assist the Students in finding potential alternative Courses on an exceptional basis, and (iv) you will not be entitled to any compensation for cancelled confirmed enrolments.
b. If either You or We terminate this Agreement, we are under no duty to delete or return any of your Member Content. You are not entitled to the restoration of your Indigya Account or any of your Member Content if this Agreement is cancelled. You may not register a new Indigya Account or use the Site, Application, or Services if your access to or usage of the Site, Application, or Services has been restricted, your Indigya Account has been suspended, or this Agreement has been canceled by us.
26. Survival
If either you or we terminate this Agreement, the provisions of these Terms that are reasonably expected to survive termination will continue in force.
27. Disclaimers
27.1 You use the Site, Application, Services, or Collective Content entirely at your own risk. You understand and agree that Indigya is under no duty to undertake background or character checks on any Member, but may do so at its sole discretion. If we choose to conduct such checks, we expressly disclaim any and all assurances, express or implied, that such checks would identify prior misbehaviour by a user or ensure that a user will not participate in misconduct in the future.
27.2 The Site, Application, Services, and Collective Content are provided “as is” with no explicit or implied warranties of any kind. Indigya offers no guarantee that the site, application, services, or collective content, including but not limited to any Courses, will suit your needs or be available on an uninterrupted, secure, or error-free basis. Indigya offers no warranties about the quality of any Listings, Courses, Teachers, Students, Services, or Collective Content, or on the correctness, timeliness, truthfulness, completeness, or reliability of any collective content received through the Site, Application, or Services.
27.3 Any advice or information gained from Indigya or through the Site, Application, Services, or Collective Content, whether oral or written, will not create any warranty not expressly provided herein.
27.4 You are solely responsible for all conversations and interactions with other users of the Site, Application, or Services, as well as with any other people with whom you communicate or interact as a result of your use of the Site, Application, or Services, including, but not limited to, any Students.
You realise that Indigya makes no attempt to verify the statements of users of the Site, Application, or Services, or to review any Course. Indigya offers no guarantees or warranties about the behaviour of Site, Application, or Service users, or their compatibility with any current or future Site, Application, or Service users. You agree to exercise reasonable caution in all communications and interactions with other users of the site, application, or services, as well as with other persons with whom you communicate or interact as a result of your use of the Site, Application, Or Services, including, but not limited to, Students, especially if you decide to meet offline or in person, regardless of whether such meetings are organized.
28. Limitation of Liability
28.1 You acknowledge and agree that, to the greatest extent permitted by law, you bear the entire risk arising from your access to and use of the Site, Application, Services, and Collective Content, your enrollment in any Course via the Site, Application, and Services, and any contact you have with other Indigya users, whether in person or online. Neither Indigya nor any other party involved in creating, producing, or delivering the Site, Application, Services, or Collective Content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, or damages for personal or bodily injury or emotional distress arising out of or in connection with the Site, Application, Services, or Collective Content. Whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, or whether or not Indigya has been informed of the possibility of such damage, and whether or not a limited remedy set forth herein is found to have failed,
28.2 In no event will Indigya’s aggregate liability arising from or in connection with these Terms and your use of the Site, Application, and Services, including, but not limited to, your enrolment in any course via the Site, Application, and Services, or from the use of or inability to use the Site, Application, Services, or Collective Content in connection with any course or interactions with any other members, exceed the amounts you have paid or owe for enrolments via the Site, Application, and Services. The above-mentioned damage limitations are key aspects of the deal between Indigya and you.
29. Indemnification
You agree to release, defend, indemnify, and hold harmless Indigya and its affiliates and subsidiaries, as well as their officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content, or your violation of these Terms; (b) your enrolment in a Course; including, but not limited to, any injuries, losses, or damages of any kind (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a Course enrolment or attendance.
30. Notices
Any notices or other communications permitted or required by these Terms, including those about amendments to these Terms, will be in writing and provided by Indigya (i) through email (in each case to the address that you designate) or (ii) by posting to the Site or via the Application. The date of receipt for e-mail notices will be regarded the date on which such notice is transmitted..
31. Governing Law and Jurisdiction
31.1 These Terms and your use of the Services will be interpreted in accordance with Indian law, excluding its conflict of laws rules. You and we agree to submit any dispute arising under these Terms to the personal jurisdiction of a Ranchi court for any actions in which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
31.2 Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of these Terms to arbitrate, or your use of the Application or information to which it provides access, shall be resolved through arbitration in India, before a single arbitrator mutually appointed by Members and Indigya. Arbitration must be carried out in conformity with the 1996 Arbitration and Conciliation Act. Ranchi will be the venue for such arbitration. All procedures of such arbitration, including, but not limited to, any awards, must be conducted in English. The award shall be final and binding on the disputing parties.
31.3 If you are a resident of the European Economic Area (EEA) you have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, please contact your local data protection authority in the EEA.
32. No Waiver
Indigya’s failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision’s future enforcement. A waiver of any such right or provision will be valid only if it is in writing and signed by an authorised representative of Indigya. Unless specifically stated otherwise in these Terms, the exercise of any of each party’s remedies under these Terms will be without prejudice to its other remedies under these Terms or elsewhere. If a court of competent jurisdiction rules that any term of these Terms is defective or unenforceable, that provision shall be enforced to the greatest degree possible, but the remaining parts of these Terms will continue in full force and effect.
33.Miscellaneous
33.1 Indigya shall have no liability of any kind, whether in contract or otherwise, for any losses arising from or in any way associated with any of the Services provided by Us.
33.2 Indigya is not liable for any failure or delay in performance (whether intentional or unintentional) caused by a cause beyond Indigya’s reasonable control.
33.3 You may not assign or transfer these Terms, whether by operation of law or otherwise, without the prior written agreement of Indigya. Any attempt by you to assign or transfer these Terms without such approval will be void. Indigya may freely assign or transfer these Terms at its sole discretion. Subject to the above, these Terms will bind and benefit the parties, as well as their successors and permitted assignee.
33.4 Indigya retains the right to change or cancel, temporarily or permanently, the Services (or any portion thereof) supplied by Us at any time and without notice. You agree that Indigya will not be liable to You or any third person in the event that such Services are modified, suspended, or discontinued. It is Your duty to check these Terms for updates/changes on a regular basis.
33.5 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the information provided by us for commercial purposes, including any intellectual property rights of Indigya or any person, firm, or corporation who has posted information for availability through the Services provided by us.
33.6 You agree that if Your post or information breaches any provision of these Terms, We reserve the right to refuse to grant You or any person acting on Your behalf with access to the Site and Application, as well as to terminate and/or suspend Your access in the future.
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
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