These Terms & Conditions (“Terms”) of (a) use of our
website
www.rashmidesigningstudio.com, or any products or services
in connection with Website or (b) any modes of registration between Rashmi
Designing Studio
(/We/Us/Our”) and its users (“User/You/Your”).
Please read the Terms and the privacy policy of the Company
(“Privacy Policy”) with respect to registration with us, the use of the Website,
Services and products
carefully before using the Website, Services or products. In the event of any
discrepancy
between the Terms and any other policies with respect to the Website or Services
or products, the provisions of the Terms shall prevail.
Your use/access/browsing Website or the Services or
products or registration (with or
without payment/with or without subscription) through any means shall signify
Your
acceptance of the Terms and Your agreement to be legally bound by the same.
If you do not agree with the Terms or the Privacy Policy,
please do not use the Website
or avail the Services or products. Any access to our
Services/Application/products
through registrations/subscription is non-transferable.
- Except as mentioned below, all information, content, material, trademarks,
services
marks, trade names, and trade secrets including but not limited to the
software, text,
images, graphics, video, script and audio, contained in the Application,
Website,
Services and products are proprietary property of Rashmi Designing Studio.
No
Proprietary Information may be copied, downloaded, reproduced, modified,
republished,
uploaded, posted, transmitted or distributed in any way without obtaining
prior written
permission us and nothing on this Website or Services shall be or products
deemed to
confer a license of or any other right, interest or title to or in any of
the intellectual
property rights belonging to us, to the User. You may own the medium on
which the
information, content or materials resides, but we shall at all times retain
full and
complete title to the information, content or materials and all intellectual
property rights
inserted by us on such medium. Certain contents on the Website may belong to
third
parties. Such contents have been reproduced only for reference for
educational purpose
and all rights relating to such content will remain with such third party.
Further, you
recognize and acknowledge that the ownership of all trademarks, copyright,
logos,
service marks and other intellectual property owned by any third party shall
continue to
vest with such party and You are not permitted to use the same without the
consent of
the respective third party.
- Your use of our products, Website and Services is solely for Your personal
and non-
commercial use. Any use of the Website, Services or products or their
contents other
than for personal purposes is prohibited. Your personal and non-commercial
use of this
Application, Website, products and / or our Services shall be subjected to
the following
restrictions:
- You may not decompile, reverse engineer, or disassemble the contents of
the Website and/or Services/ products or modify, copy, distribute,
transmit,
display, perform, reproduce, publish, license, create derivative works
from,
transfer, or sell any information or software obtained from our Website
and/or Services/products, or remove any copyright, trademark
registration,
or other proprietary notices from the contents of our Website and/or
Services/products.
- You will not (a) use Website and/or any of our product/s or Service/s
for
commercial purposes of any kind, or (b) advertise or sell the any
products,
Services or domain names or otherwise (whether or not for profit), or
solicit
others (including, without limitation, solicitations for contributions
or
donations) or use any public forum for commercial purposes of any kind,
or
(c) use the Website/our products and Services in any way that is
unlawful, or
harms us or any other person or entity as determined by us.
- No User shall be permitted to perform any of the following prohibited
activities while availing our Services:
- Making available any content that is misleading, unlawful,
harmful, threatening, abusive, tortious, defamatory, libelous,
vulgar, obscene, child-pornographic, lewd, lascivious, profane,
invasive of another’s privacy, hateful, or racially, ethnically or
otherwise objectionable.
- Stalking, intimidating and/or harassing another and/or inciting
other to commit violence.
- Transmitting material that encourages anyone to commit a
criminal offence, which results in civil liability or otherwise
breaches any relevant laws, regulations or code of practice.
- Interfering with any other person’s use or enjoyment of the
Website/Services.
- Making, transmitting or storing electronic copies of materials
protected by copyright without the permission of the owner,
committing any act that amounts to the infringement of
intellectual property or making available any material that
infringes any intellectual property rights or other proprietary
rights of anyone else.
- Make available any content or material that You do not have a
right to make available under any law or contractual or fiduciary
relationship, unless You own or control the rights thereto or have
received all necessary consents for such use of the content.
- Impersonate any person or entity, or falsely state or otherwise
misrepresent Your affiliation with a person or entity.
- Post, transmit or make available any material that contains
viruses, trojan horses, worms, spyware, time bombs, cancelbots,
or other computer programming routines, code, files or such
other programs that may harm the services, interests or rights of
other users or limit the functionality of any computer software,
hardware or telecommunications, or that may harvest or collect
any data or personal information about other Users without their
consent;
- Access or use the Website/Services/products in any manner that
could damage, disable, overburden or impair any of the
Website’s servers or the networks connected to any of the
servers on which the Website is hosted.
- Intentionally or unintentionally interfere with or disrupt the
services or violate any applicable laws related to the access to
or use of the Website/Services/products, violate any
requirements, procedures, policies or regulations of networks
connected to the Website/Services/products, or engage in any
activity prohibited by these Terms.
- Disrupt or interfere with the security of, or otherwise cause harm
to, the Website/Services/products, materials, systems
resources, or gain unauthorized access to user accounts,
passwords, servers or networks connected to or accessible
through the Website/Services/products or any affiliated or linked
sites.
- Interfere with, or inhibit any user from using and enjoying access
to the Website/ Services/products, or other affiliated sites, or
engage in disruptive attacks such as denial of service attack on
the Website/Services/products.
- Use deep-links, page-scrape, robot, spider or other automatic
device, program, algorithm or methodology, or any similar or
equivalent manual process, to increase traffic to the
Website/Services/products, to access, acquire, copy or monitor
any portion of the Website/Services/products, or in any way
reproduce or circumvent the navigational structure or
presentation of the Application, or any content, to obtain or
attempt to obtain any content, documents or information through
any means not specifically made available through the
Website/Services/products;
- Alter or modify any part of the Services.
- Use the Services for purposes that are not permitted by: (i)
these Terms; and (ii) any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdiction; or
- Violate any of the terms specified under the Terms for the use of
the Website/Services/products.
- By submitting content/design/homework on or through the
Services/classes(your
“Material”), you grant us a worldwide, non-exclusive, royalty-free license
(with the right to
sublicense) to use, copy, reproduce, process, adapt, modify, publish,
transmit, display
and distribute such Material in any and all media or distribution methods
(now known or
later developed) and to associate your Material with you, except as
described below. You
agree that others may use Your Material in the same way as any other content
available
through the Services. Other users of the Services may fork, tweak and
repurpose your
Material in accordance with these Terms. If you delete your user account,
your Material
and name may remain available through the Services.
- In the preparation of the Website/Services/products and contents therein,
every effort
has been made to offer the most current, correct, and clearly expressed
information
possible. Nevertheless, inadvertent errors may occur. In particular, but
without limiting
anything here, we disclaim any responsibility for any errors and accuracy of
the
information that may be contained on website. Any feedback from User is most
welcome
to make the contents thereof error free and user friendly. We reserve the
right and
discretion to make any changes/corrections or withdraw/add contents at any
time without
notice. Neither we nor any third parties provide any warranty or guarantee
as to the
accuracy, timeliness, performance, completeness or suitability of the
information and
materials found or offered on Website/Services/products for any particular
purpose. You
acknowledge that such information and materials may contain inaccuracies or
errors and
we expressly exclude liability for any such inaccuracies or errors to the
fullest extent
permitted by law.
- Our website provides Users with access to compiled educational information
and related
sources. Such information is provided on an As Is basis and We assume no
liability for
the accuracy or completeness or use or non-obsolescence of such information.
We shall
not be liable to update or ensure continuity of such information contained
on the
Website. We would not be responsible for any errors, which might appear in
such
information. From time to time the Website may also include links to other
websites.
These links are provided for your convenience to provide further
information. They do
not signify that we endorse the website(s). We have no responsibility for
the content of
the linked website(s). You may not create a link to the Website from another
website or
document without giving us prior written consent.
- The contents of the Services/products are developed on the concepts covered
in the
structured curriculum syllabus prescribed for students of various courses.
The usage of
the Services/products is not endorsed as a substitution to the
curriculum-based
education provided by the educational institutions but is intended to
supplement the
same by explaining and presenting the concepts in a manner enabling easy
understanding. The basic definitions and formulae of the subject matter
would remain
the same. We acknowledge that there are various means of delivering
structured
curriculum pedagogy and inclusion of methods in the Services/products does
not imply
endorsement of any particular method nor exclusion imply disapproval.
Subscription or
usage of our Services/Website/products does not in any manner guarantee
admission to
any educational institutions or passing of any exams or achievement of any
specified
percentage of marks in any examinations or any job offers.
- Some parts of the Services are interactive, and we encourage contributions
by Users,
which may or may not be subject to editorial control prior to being posted.
We accept no
responsibility or liability for any material communicated by third parties
in this way. We
reserve the right at its sole discretion to remove, review, edit or delete
any content.
Similarly, we will not be responsible or liable for any content uploaded by
Users directly
on the Website, irrespective of whether We have certified any answer
uploaded by the User. We would not be responsible to verify whether such
questions/answers or contents
placed by any User contain infringing materials or not.
- We may, based on any form of access to the Services or Website or
registrations
through any source whatsoever, contact the User through SMS, email and call,
to give
information about their offerings and products as well as notifications on
various
important updates. The User expressly grants such permission to contact
him/her
through telephone, SMS, e-mail and holds us indemnified against any
liabilities including
financial penalties, damages, expenses in case the User’s mobile number is
registered
with Do not Call (DNC) database. Upon registration through any means
whatsoever, we
may contact You through the registered mobile number or e-mail or any other
mobile
number or contact number or email provided by You to enable effective
provision of
Services. The User expressly permits us to contact him/her through the
above-
mentioned means at any time post registration. Further, we shall have the
right to
monitor the download and usage of the Services/products and the contents
thereof by
the User to analyze such usage to enable effective and efficient usage of
the Services.
- We shall have no responsibility for any loss or damage caused to tablet/iPad
or any
other hardware and / or software and/or instrument, including loss of data
or effect on
the processing speed, resulting from Your use of our products and Services.
- You must specify the address to which the billing has to be made at the time
of
purchase. All services/ product(s) shall be billed to the address and GSTN
ID as
specified at the point of ordering and You cannot, under any circumstances
whatsoever,
change the address after the order is processed.
- In order to access the Services and to avail the use of the services, you
shall be required
to register yourself and maintain an account. You will be required to
furnish certain
information and details, including Your name, mobile number, e-mail address,
residential
address, payment information (credit/debit card details) if required, and
any other
information deemed necessary by us. With respect to the provision of
information, the
following may be noted: -
- It is Your sole responsibility to ensure that the account information
provided by You is accurate, complete and latest.
- You shall be responsible for maintaining the confidentiality of the
account information
and for all activities that occur under Your account. You agree to (a)
ensure that You
successfully log out from Your account at the end of each session; and
(b) immediately
notify us of any unauthorized use of Your account. If there is reason to
believe that there
is likely to be a breach of security or misuse of Your account, we may
request You to
change the password or we may suspend Your account without any liability
to us for
such period of time as we deem appropriate in the circumstances. We
shall not be liable
for any loss or damage arising from Your failure to comply with this
provision.
- You acknowledge that Your ability to use Your account is dependent upon
external
factors such as internet service providers and internet network
availability and we cannot
always guarantee accessibility to the website/classes. In addition to
the disclaimers set
forth in the Terms, we shall not be liable to You for any damages
arising from Your
inability to log into Your account and access the services at any time.
- You agree to defend us from and against any and all claims, damages,
obligations,
losses, liabilities, costs or debt, and expenses (including but not limited
to attorney’s
fees) arising from: (i) Your use of and access of the Website/Services; (ii)
Your violation
of any term of these Terms or any other policy of the Company; (iii) Your
violation of any
third party right, including without limitation, any copyright, property, or
privacy right; or
(iv) any claim that Your use of the Website/Services has caused damage to a
third party.
This defense and indemnification obligation will survive these Terms.
- In no event we shall be liable to You or any third party for any special,
incidental, indirect,
consequential or punitive damages whatsoever, including those resulting from
loss of
use, data or profits or any other claim arising out, of or in connection
with, Your use of, or
access to the website or its services.
- In the event of Your breach of these Terms, you agree that we will be
irreparably harmed
and may not have an adequate remedy in money or damages. We, therefore,
shall be
entitled in such event to obtain an injunction against such a breach from
any court of
competent jurisdiction. Our right to obtain such relief shall not limit its
right to obtain
other remedies.
- Any violation by You of the terms of this Clause may result in immediate
suspension or
termination of Your Accounts apart from any legal remedy that we can avail.
In such
instances, we may also disclose Your Account Information if required by any
Governmental or legal authority. You understand that the violation of these
Terms could
also result in civil or criminal liability under applicable laws.
- The Terms shall be governed by and construed in accordance with the laws of
India,
without regard to conflict of law principles. Further, the Terms shall be
subject to the
exclusive jurisdiction of the competent courts located in Mumbai and You
hereby accede
to and accept the jurisdiction of such courts.
- We have the right to change modify, suspend, or discontinue and/or eliminate
any
aspect(s), features or functionality of the Services as it deems fit at any
time without
notice. Further, we have the right to amend these Terms from time to time
without prior
notice to you. We make no commitment, express or implied, to maintain or
continue any
aspect of the website or services on it. You agree that we shall not be
liable to You or
any third party for any modification, suspension, or discontinuance of it.
All prices are
subject to change without notice.
- You are aware of the terms that apply to your use of the Website and
Services on it. You
acknowledge that, we have given You a reasonable opportunity to review these
Terms
and that You have agreed to them.
- Once you purchase anything from the website or through any other channel and
make
the required payment, it shall be final and there cannot be any changes or
modifications
to the same and no refund will be granted under any circumstances.
- Online Recorded Classes will be available only for the limited time as
mentioned at the
time of purchase and post which it will be disabled and will not be extended
under any
circumstances.
- In case of live classes, link and schedule for live online classes will be
shared with the
user and it is the user responsibility to join the class on time through
required channel
(zoom, teams). Classes will not be repeated, and User will not be provided
any back up
class.
- Any feedback You provide with respect to the website shall be deemed to be
non-
confidential. You represent and warrant that (i) Your feedback does not
contain
confidential or proprietary information of You or of third parties; (ii) We
are not under any
obligation of confidentiality, express or implied, with respect to the
feedback; and (iii)
You are not entitled to any compensation or reimbursement of any kind from
the
Company for the feedback under any circumstances, unless specified. Under no
circumstances we shall be held responsible in any manner for any content
provided by
other users even such content is offensive, hurtful or offensive.