Introduction

These Terms & Conditions (“Terms”) of (a) use of our website www. Swayam vidya.com (“Website”), our applications (“Application”) or any products or services in connection with the Application/, Website/products (“Services”) or (b) any modes of registrations or usage of products, including through SD cards, tablets or other storage/transmitting device are between Swayam vidya (powered by Career line LLP) (“We/Us/Our”) and its users (“User/You/Your”). Registration and Acceptance

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time. Please read the Terms and the privacy policy of Us (“Privacy Policy”) with respect to registration with us, the use of the Application, Website, Services and products carefully before using the Application, Website, Services or products. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or products, the provisions of the Terms shall prevail. Your use/access/browsing of the Application or 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 are under the age of 18 (Eighteen), it is mandatory that your parent or guardian has read and accepted the Terms on your behalf before using the Website.

User-Generated Content Policy

Please read this User Generated Content Policy carefully before you submit UGC to Swayamvidya App, as this policy and our Website & App Terms of Use will apply to your use of our Website, our Apps and the UGC you submit to them. By using our platforms and submitting UGC to our Web App or via our Mobile Apps you confirm that you accept this User Generated Content Policy, our Privacy Policy and our Terms of Use and that you agree to comply with them. If you do not agree to these terms and policies, you must not use our Website or Apps or submit UGC to (or via) it (or them).

1. Your UGC
   1. All content submitted to www.Swayamvidya.com and Swayamvidya mobile app, including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, graphics, images, photographs, forum comments, and all other information and material shall be called your "UGC" for short.
   2. You agree to submit UGC to the Swayamvidya app and Swayamvidya website per the following rules (in particular, the Legal Standards and the Review Guidelines, as those terms, are defined below). Please use caution and common sense when submitting UGC to the Website or via our App.
   3. Publication of your UGC will be at our sole discretion and we are entitled to make additions or deletions to your UGC before publication, after publication or to refuse publication.
   4. Please note, any UGC you submit to our Website or via our Apps will be considered non-confidential and non-proprietary.

 

 

2. Rights, permissions & waivers

1. You hereby grant to Swayam vidya and any of our affiliates a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use, reproduce and publish your UGC (including, without limitation, the right to adapt, alter, amend or change your UGC) in any media or format (whether known now or invented in the future) throughout the world without restriction.
2. You warrant, represent and undertake to us that all UGC you submit is your own work or that you have obtained all necessary rights and permissions of the relevant owner of the work and that you have all relevant rights in your UGC to enable you to grant the rights and permissions in this clause 2.
3. Where your UGC contains images of people or names or identifies individuals, you warrant, represent and undertake to us as follows:

 

1. That all featured or identified individuals that are over the age of 18 and have expressly consented to their appearance in the UGC, and to you submitting the UGC to our Website or via our Apps, and
2. where featured or identified individuals are under the age of 18, that you either:

 

1. are the parent or legal guardian or such featured or identified individuals, or
2. have obtained the express consent from a parent or legal guardian of such featured or identified individuals to their appearance in the UGC, and to you submitting the UGC to our Website or via our Apps.
3. You hereby unconditionally and irrevocably waive and agree not to assert (or procure the same from any third party where applicable) any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with your UGC, to the maximum extent permissible by law.

3. Content standards – legal standards

1. You warrant, represent and undertake to us that your UGC (including its use, publication and/or exploitation by us) shall not:
2. infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity; and/or
3. contain any material which is defamatory of any person and/or entity; and/or
4. contain misleading or deceptive statements or omissions or misrepresentation as to your identity (for example, by impersonating another person) or your affiliation with any person or entity; and/or
5. breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence; and/or
6. advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and/or
7. contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material; and/or
8. violate any other applicable law, statute, ordinance, rule or regulation, (together, or individually the "Legal Standards").
9. If your UGC contains any material that is not owned by or licensed to you and/or which is subject to third party rights, you are responsible for obtaining, before submission of your UGC, all releases, consents and/or licenses necessary to permit use and exploitation of your UGC by us without additional compensation. Please see clause 2 above for further details.

4. Content standards – review guidelines

1. You warrant, represent and undertake to us that your UGC:
2. is accurate, where it states facts; and/or
3. is genuinely held, where it states opinions (for example, in product or services reviews).
4. Any UGC which is in breach of our Review Guidelines or is otherwise:
5. is obscene, hateful, inflammatory, offensive or in any other way falls below commonly accepted standards of taste and decency in India; and/or
6. is reasonably likely to harass, upset, embarrass or alarm a person (including, by way of example only, so-called "trolling" or cyber-bullying); and/or
7. is threatening, abusive or invades another's privacy, or causes annoyance, inconvenience or anxiety; and/or
8. is sexually explicit; and/or
9. advocates, promotes, assists or depicts violence; and/or
10. advocates, promotes or assists any illegal activity or unlawful act or omission; and/or
11. could be deemed to be unsolicited or unauthorised advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise); and/or will be removed from the platform.

5. Consequences of breach

1. We will determine, at our discretion, whether you have failed to comply with this UGC Policy when submitting UGC to our platform. If you have failed to comply, we reserve the right in our sole discretion to suspend you from using the Website and/or our Apps without notice to you and/or to edit or remove (in whole or part) any of your UGC from our Website and our Apps on a temporary or permanent basis.
2. Notwithstanding clause 5.A above, if you or your UGC does not comply with this UGC Policy, and as a result of this, we suffer any loss or damage, you will be liable to us and hereby agree to indemnify us for any such loss or damage. This means that you will be responsible for any loss or damage we suffer as a result of your failure to comply with this UGC Policy, including but not limited to our Legal Standards and/or Review Guidelines.
3. We also reserve the right:
   1. to pass on any UGC that gives us concern to the relevant authorities; and
   2. to disclose your identity to any third party (or their professional advisor) who claims that any of your UGC constitutes a violation of their intellectual property rights, or of their right to privacy to the extent that is permitted by law.

Course Materials

As a part of our Services offered through our Website, We shall grant you access to our content, course materials, practice tests, and other information, data which may be in audio/video, written, graphic, recorded, photographic or any machine-readable format in relation to the package subscribed by You ("course materials").

We reserve the right to amend or update the course materials offered to You. In the event such amendment or updation occurs, We may require you pay an additional amount of fees to access such amended or updated course materials.

Grant of License

We grant you a personal, restricted, non-transferable, non-exclusive and revocable license to use the Services and the course materials offered through the Website for a limited time period. The time period will be as specified in the product package you are purchasing. The Services and the course materials are provided solely for Your personal and non-commercial use ("Restricted Purpose"). You may not use, download, save or print the course materials for commercial use without written permission.

The Services are personal to You and You may not assign your rights and obligation under the Terms to any person. You are not permitted to reproduce, distribute, sub-license, disseminate or prepare derivative works of the course materials, or any part thereof, in any manner or means, without Our prior written consent.

Ownership of course materials & Intellectual Property Rights

You are granted a limited and non-exclusive right to use the Website, the Services and the course materials for the Restricted Purpose as aforesaid. You acknowledge and agree that We are the sole and exclusive owner of the Website, the Services and the course materials and hence are vested with all intellectual property rights and other proprietary rights in relation thereto, and no right, title or interest of a proprietary or any other nature in the Website, the Services or the course materials is conveyed or granted other than permitting You to use the Website, the Services and the course materials for the Restricted Purpose.

We are the owner and/or the licensee of all the trademarks, logos or other intellectual property on the Website.

Referrals

You will win the referral reward only if the user you referred signs up and pays for one of the course. You will not win any reward if the user only signs up on Swayam vidya.app without paying for any course, which can include simply trying the free trial.

Communication

The Company may, based on any form of access to the Application (including free trials and paid subscriptions) or Services or Website or registrations through any source whatsoever, contact the User through sms, email, call and Whatsapp, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to our academic counselors and associates so that you may be contacted for educational purposes, to provide information regarding our services and promotions through telephone, SMS, email, whatsapp etc.

Disclaimer

Our content is created by experts and goes through strict quality checks. The Website is available to users, including you, on an “as is” basis, without any warranties as to accuracy, fitness for use for a particular purpose, merchantability, freedom from any errors, defects or non-infringement, and the Company does not makes any warranties that the Website shall always be running and free of downtime, or that it shall be error-free, or any representations regarding the availability and performance of its Website or any of the websites to which links may be provided in the Website.

Our site may be temporarily unavailable at any point of time due to maintenance, up-gradation or any other reason.

We reserve the right to modify without prior notice and in Our sole discretion to refuse Service to any person. We reserve the right to accept or reject registrations on Swayam vidya.app. We reserve the right to change prices for all our Services, offers or deals.

Cancellation and Refund Policy

All purchases and payments made will be final and non-refundable, except where explicitly it is stated as part of an ongoing marketing promotion. Users can evaluate the Services through the free trial provided on the Website.

All refunds, if eligible, will be processed within 14 (Fourteen) business days of receiving cancellation requests.

Privacy Policy

We use cookies to store and gather certain data to enable a smoother user experience. Our Privacy Policy explains how such information may be collected and used.
 Please find the elaborated privacy policy. 

Applicable Law and Jurisdiction

These Terms are governed by the laws of India and You agree that the courts of Calicut will have exclusive jurisdiction over any dispute (contractual or non-contractual) concerning these Terms.

Indemnity

You agree to indemnify and hold the Company and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

 

Limitation of Liability

You expressly agree that use of the Website, the Services and the course materials is at your sole risk. We do not warrant that the Website, the Services or access to the course materials will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services or the course materials or as to the accuracy or reliability of any information provided through the Website, the Services or the course materials. We do not guarantee any particular outcome regarding the results of the users during the entrance exams.

In no event will We, or Our affiliates will be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Website, the Services or the course materials. You agree that Our liability or the liability of Our affiliates, directors, officers, employees, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the course materials shall not exceed the fee You paid to Us for the particular/relevant package.

Third-Party Services

As part of the Service, we may provide links or other connections to third-party services or websites. We are not responsible for the privacy practices or the content of such third parties. We encourage You to review the privacy policies of these third parties before using their services or providing them with Your information.

Revision of Terms

Information on the Website including the Terms is subject to change at Our discretion at any time, without any prior notice or obligation to notify You.