Terms and Conditions

Use of the Vidyasarthi Portal/Vidyasarthi Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Vidyasarthi website located at vidyasarthi.com, and all associated sites linked to vidyasarthi.com,  or any similar portal (hereinafter collectively, the Vidyasarthi Portal run by Vidyasarthi education services pvt. Ltd., having its registered office at 88, shivpuri colony, kalyanpur, Lucknow, uttar Pradesh,-226022 and Corporate office at – first floor Prabha complex,kursi road, tedhipulia, lucknow – 226021 and/or any of its affiliates (hereinafter collectively, vidyasarthi education services or Vidyasarthi ) on any device and/or before availing any services offered by Vidyasarthi on the Vidyasarthi Portal which may include services such as , digital products, semi-closed wallet service and marketplace service or any other service that may be offered by Vidyasarthi on the Vidyasarthi Portal (hereinafter individually, and collectively, the Vidyasarthi Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Vidyasarthi Services, whether offered by vidyasarthi education services or its affiliates.

Acceptance

By registering on, accessing, browsing, downloading or using the Vidyasarthi Portal for any general purpose or for the specific purpose of availing any Vidyasarthi Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Vidyasarthi Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any Vidyasarthi Service or any future service that may be offered by Vidyasarthi on the Vidyasarthi Portal. By registering on, accessing, browsing, downloading or using (as applicable) the Vidyasarthi Portal or availing any Vidyasarthi Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Vidyasarthi Portal and immediately terminate Your availing the Vidyasarthi Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Vidyasarthi Portal or a customer or beneficiary of the Vidyasarthi Services, and Vidyasarthi. All services are rendered by Vidyasarthi through the Vidyasarthi Portal under the brand name “Vidyasarthi” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Vidyasarthi, regarding Your use of Vidyasarthi’s digital services (which includes but may not be limited to ,institute fees payment booking of hostel rooms or seminar tickets), the semi closed wallet service, the marketplace service or any such other services which may be added on the Vidyasarthi Portal and which will henceforth be a Vidyasarthi Service, from time to time. The Vidyasarthi Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Vidyasarthi grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Vidyasarthi Portal and/or avail the Vidyasarthi Services.

Eligibility

The Vidyasarthi Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Vidyasarthi from availing the Vidyasarthi Services or accessing the Vidyasarthi Portal. . If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase  for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. By accepting the T&Cs or by otherwise using the Vidyasarthi Services on the Vidyasarthi Portal, You represent that You are at least 18 years of age and have not been previously suspended or removed by Vidyasarthi, or disqualified for any other reason, from availing the Vidyasarthi Services or using the Vidyasarthi Portal. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Vidyasarthi reserves the right to suspend or permanently prevent You from availing Vidyasarthi Services or using the Vidyasarthi Portal.

Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail specific Vidyasarthi Services and to specific portions or features of the Vidyasarthi Portal, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Vidyasarthi Portal or for any Vidyasarthi Service offered on or through the Vidyasarthi Portal, the latter terms shall control with respect to Your use of that portion of the Vidyasarthi Portal or the specific Vidyasarthi Service. Vidyasarthi may make changes to any Vidyasarthi Services offered on the Vidyasarthi Portal, or to the applicable terms for any such Vidyasarthi Services, at any time, without notice. The materials on the Vidyasarthi Portal with respect to the Vidyasarthi Services may be out of date, and Vidyasarthi makes no commitment to update the materials on the Vidyasarthi Portal with respect to such Vidyasarthi Services. The following terms also govern and apply to Your use of the Vidyasarthi Portal, and they are incorporated herein by this reference: www.vidyasarthi.com/ https://vidyasarthi.com/privacy-policy

SSOID Service, Participating Portals

Vidyasarthi’s SSOID service offers You the convenience, after a one-time registration any Vidyasarthi Portal, to sign on (log in) to all web pages and online portals operated by Vidyasarthi or its affiliates (hereinafter the Participating Portals) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Portal with his SSOID access credentials. Moreover, if already logged in to one of the Participating Portals, the user can immediately use all other Participating Portals without additional log-in procedures (subject to the respective Participating Portal requiring further declarations). The Participating Portals that offer the SSOID as a login feature, are visible on registration and in the user account. The number of Participating Portals may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Portals, for the purposes of which Vidyasarthi’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Portals. For the respective contents of the Participating Portals, the respective affiliate of Vidyasarthi is solely responsible only for those content that it actually operates. For the SSOID service, these T&Cs apply exclusively, whereas for the use of the Participating Portals, their business and user terms and conditions apply along with these T&Cs. The SSOID shall be owned and operated by vidyasarthi education services for use on all Participating Portals, by vidyasarthi education services or its affiliates. For the use of Vidyasarthi’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform Vidyasarthi immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that Vidyasarthi sends the user a confirmation by e mail, in which a confirmation link is included next to the user name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts Vidyasarthi’s offer, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. Vidyasarthi is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Vidyasarthi) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.

Communication Policy

By accepting the T&Cs, You accept the following:

  • Vidyasarthi may send alerts to the mobile phone number provided by You while registering with the Vidyasarthi Portal for the SSOID service or on any updated mobile number subsequently provided by You on the Vidyasarthi Portal, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
  • Vidyasarthi will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from Vidyasarthi as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Vidyasarthi Portal or availing any Vidyasarthi Services. Vidyasarthi shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Vidyasarthi liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
  • The SMS/e-mail alert/push notification service provided by Vidyasarthi is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, Vidyasarthi shall be immediately informed about the same by You and Vidyasarthi will make best possible efforts to rectify the error as early as possible. You shall not hold Vidyasarthi liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
  • The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Vidyasarthi shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
  • You will indemnify and hold harmless Vidyasarthi and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Vidyasarthi or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in seminar, delay, and/or rescheduling from Vidyasarthi and/or the SMS/e-mail service provider.
  • You will receive information via SMS, e mail and phone call regarding what Vidyasarthi perceive to be of Your interest based on Your usage history and browsing history (which information may be shared by Vidyasarthi education services with its affiliates). This includes providing information relating to offers, discounts and general information by Vidyasarthi. In case You do not want such information, You have to explicitly ask to be excluded.

Use of Vidyasarthi Portal

You understand that except for information, products or services clearly indicated as being supplied by Vidyasarthi, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Vidyasarthi cannot and does not guarantee or warrant that files available for download through the Vidyasarthi Portal will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.

Prohibited Conduct

By accessing or using the Vidyasarthi Portal or by availing Vidyasarthi Services, You agree not to:

  • violate the T&Cs;
  • impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Vidyasarthi Services, perform any other similar fraudulent activity or otherwise avail Vidyasarthi Services with what we reasonably believe to be potentially fraudulent funds;
  • infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
  • use the Vidyasarthi Services if You are under the age of 18 years without a parental sponsor or, in any event, use the Vidyasarthi Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
  • post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
  • post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
  • refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Vidyasarthi;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Vidyasarthi Services and the Vidyasarthi Portal or features that enforce limitations on the use of the Vidyasarthi Services or the Vidyasarthi Portal;
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Vidyasarthi Services or Vidyasarthi Portal or any part thereof, except and only to the extent this is expressly permissible by applicable law;
  • use the Vidyasarthi Services or the Vidyasarthi Portal in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Vidyasarthi Services or the Vidyasarthi Portal in an automated manner;
  • modify, adapt, translate or create derivative works based upon the Vidyasarthi Services and the Vidyasarthi Portal or any part thereof, except and only to the extent that that this is permissible by applicable law;
  • intentionally interfere with or damage operation of the Vidyasarthi Services or the Vidyasarthi Portal or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
  • use any robot, spider, other automatic device, or manual process to monitor or copy the Vidyasarthi Portal without prior written permission;
  • interfere or disrupt the Vidyasarthi Portal or networks connected to the Vidyasarthi Portal;
  • take any action that imposes an unreasonably or disproportionately large load on Vidyasarthi’s infrastructure/network;
  • use any device, software or routine to bypass the Vidyasarthi Portal’s robot exclusion headers, or interfere or attempt to interfere, with the Vidyasarthi Services;
  • forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Vidyasarthi Portal or to manipulate Your presence on the Vidyasarthi Portal;
  • sell the Vidyasarthi Services, information, or software associated with or derived from it;
  • use the facilities and capabilities of the Vidyasarthi Portal to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
  • breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
  • provide false, inaccurate or misleading information;
  • use the Vidyasarthi Portal to collect or obtain personal information, including without limitation, financial information, about other users of the Vidyasarthi Portal, except and only as expressly provided in the T&Cs;
  • avail Vidyasarthi Services with what Vidyasarthi reasonably believes to be potentially fraudulent funds;
  • use the Vidyasarthi Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Vidyasarthi, a third party or You;
  • use the Vidyasarthi Services in a manner that Vidyasarthi or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
  • take any action that may cause Vidyasarthi to lose any of the Vidyasarthi Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
  • send automated request of any kind to the Vidyasarthi Portal without express permission in advance from Vidyasarthi.

Termination; Agreement Violations

You agree that Vidyasarthi, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Vidyasarthi Services/Vidyasarthi Portal and remove and discard on the Vidyasarthi Portal all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. Vidyasarthi may also in its sole discretion and at any time discontinue providing access to the Vidyasarthi Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Vidyasarthi Services/Vidyasarthi Portal or any account You may have or portion thereof may be effected without prior notice, and You agree that Vidyasarthi will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Vidyasarthi may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Vidyasarthi Services/Vidyasarthi Portal.

Limitation of Liability and Damages

In no event, Vidyasarthi or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Vidyasarthi Services, the Vidyasarthi Portal or any reference site/app/portal/service; or (iv) Your use or inability to use the Vidyasarthi Services, the Vidyasarthi Portal (including any and all materials) or any reference sites/app/portal/service, even if Vidyasarthi or a Vidyasarthi authorized representative has been advised of the possibility of such damages. In no event, Vidyasarthi or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Vidyasarthi Services, the Vidyasarthi Portal or any reference site/app/portal/service; or (iv) Your use or inability to use the Vidyasarthi services, the Vidyasarthi Portal (including any and all materials) or any reference sites/app/portal/service; or (v) any other interactions with Vidyasarthi, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Vidyasarthi Service or the Vidyasarthi Portal giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that Vidyasarthi has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Vidyasarthi, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Vidyasarthi. Vidyasarthi would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Vidyasarthi’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold Vidyasarthi, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Vidyasarthi Services or of the Vidyasarthi Portal; (ii) any violation by You of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Vidyasarthi reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Vidyasarthi, including rights to settle, and You agree to cooperate with Vidyasarthi’s defense and settlement of these claims. Vidyasarthi will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, Vidyasarthi and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Vidyasarthi or through the Vidyasarthi Services or the Vidyasarthi Portal will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “Vidyasarthi” includes Vidyasarthi’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You expressly agree that use of the Vidyasarthi Services on the Vidyasarthi Portal is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Vidyasarthi does not warrant that the Vidyasarthi Services will be uninterrupted or error-free or that defects in the site will be corrected. The Vidyasarthi Services and the Vidyasarthi Portal and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Vidyasarthi, and its third party suppliers, licensors, and partners do not warrant that the data, Vidyasarthi software, functions, or any other information offered on or through the Vidyasarthi Services/Vidyasarthi Portal or any reference sites/portals/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Vidyasarthi and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Vidyasarthi Services/Vidyasarthi Portal or any reference sites/portals/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the Vidyasarthi Services/Vidyasarthi Portal or any reference sites/portals/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Vidyasarthi be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Vidyasarthi Portal.

Ownership; Proprietary Rights

The Vidyasarthi Services and the Vidyasarthi Portal are owned and operated by Vidyasarthi and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Vidyasarthi Services and the Vidyasarthi Portal provided by Vidyasarthi (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Vidyasarthi, all Materials, trademarks, service marks, and trade names contained on the Vidyasarthi Portal are the property of Vidyasarthi and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Vidyasarthi or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Vidyasarthi Services/Vidyasarthi Portal. Except as expressly authorized by Vidyasarthi, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Vidyasarthi reserves all rights not expressly granted in this Agreement. If You have comments regarding the Vidyasarthi Services and/or the Vidyasarthi Portal or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Vidyasarthi, and shall assign to Vidyasarthi, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

Vidyasarthi reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Vidyasarthi Portal or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Vidyasarthi Portal, availing the Vidyasarthi Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Vidyasarthi Services/Vidyasarthi Portal. For certain changes, Vidyasarthi may be required under applicable law to give You advance notice, and Vidyasarthi will comply with such requirements.Your continued use of the Vidyasarthi Portal following the posting of changes will mean that You accept and agree to the changes.

Notice

Vidyasarthi may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Vidyasarthi Portal or by any other reasonable means. Except as otherwise set forth herein, notice to Vidyasarthi must be sent by courier or registered mail to Vidyasarthi education services Pvt.  Ltd., 88,Shivpuri colony, kalyanpur Lucknow, Uttar Pradesh 226022, India.

Waiver

The failure of Vidyasarthi to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Vidyasarthi.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any Vidyasarthi Service or the Vidyasarthi Portal, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Vidyasarthi may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Lucknow, uttar pradesh and the language of this arbitration shall be English. Either You or Vidyasarthi may seek any interim or preliminary relief from a court of competent jurisdiction in Lucknow, uttar Pradesh necessary to protect the rights or the property belonging to You or Vidyasarthi (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Vidyasarthi may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Vidyasarthi. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Vidyasarthi must be resolved by a court having jurisdiction in Lucknow, India. You agree to submit to the personal jurisdiction of the courts located within Lucknow (U.P.), India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Assignment; Restrictions on Information Sharing; Privacy

This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without Vidyasarthi’s prior written consent which may be withheld in Vidyasarthi’s sole discretion, but this Agreement, and any rights granted hereunder, may be assigned by Vidyasarthi freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by You in violation of this provision shall be void and of no effect. By accepting this Agreement and the T&Cs hereunder, You agree to be customers of Vidyasarthi (including, each of Vidyasarthi education services  and its affiliates). In addition, by accepting this Agreement and the T&Cs hereunder, You expressly and impliedly provide Your free and unconditional consent for the following: (a) for transferring Vidyasarthi’s rights and obligations under this Agreement and the T&Cs in favour of any affiliate or third party; (b) for using the Vidyasarthi Portal and availing the Vidyasarthi Services by You subject to any specific terms and conditions imposed by any affiliate of Vidyasarthi; (c) for receiving communications, notices and information from any Vidyasarthi education services or any affiliate of Vidyasarthi education services; (d) for sharing of business information (including data analytics and any information relating to You or the services being availed by You) between Vidyasarthi education services and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to Vidyasarthi’s customers (including You); (ii) provision of better services by Vidyasarthi’s vendors; (iii) to prevent any breach of a binding agreement between Vidyasarthi education services and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by Vidyasarthi or by any affiliate of Vidyasarthi; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of Vidyasarthi education services or any affiliate; or (vi) Vidyasarthi education services retaining any and all information relating to You till such time as may be required under applicable laws or internal policies. At times Vidyasarthi education servicesor its affiliates may make certain personal information available to affiliates, and, strategic partners that work with Vidyasarthi to provide products and services, or that help Vidyasarthi market to customers. Personal information will only be shared by Vidyasarthi to provide or improve Vidyasarthi’s products, services and advertising, and will always be shared in compliance with applicable laws; it will not be shared with non-affiliated third parties for their marketing purposes. Vidyasarthi, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to You, managing and enhancing customer data, providing customer service, assessing Your interest in Vidyasarthi’s products and services, offering any products or services from any Vidyasarthi Portal, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable law and these companies are obligated to protect Your personal information under applicable law. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for Vidyasarthi to disclose Your personal information. Vidyasarthi may also disclose information about You if Vidyasarthi determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. Vidyasarthi may also disclose information about You if Vidyasarthi determines that disclosure is reasonably necessary to enforce the T&Cs or protect Vidyasarthi’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of Vidyasarthi’s business or products or services offered through any Vidyasarthi Portal to any persons (including any affiliates), Vidyasarthi may transfer any and all personal information that Vidyasarthi collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees. For the purposes of these T&Cs, the term “affiliates” means and includes: (a) any company which is the holding company (as defined in the Companies Act, 2013), subsidiary company (as defined in the Companies Act, 2013) or associate company (as defined in the Companies Act, 2013) of Vidyasarthi education services; or (b) a person under the control of or under common control with Vidyasarthi education services; or (c) any company, who is an associate company (as defined in the Companies Act, 2013) of the first company, or if more than 50% of the share capital of such company (calculated on a fully diluted basis) is held by the same shareholders who own more than 50% of the share capital of Vidyasarthi education services Communications  (calculated on a fully diluted basis).. For the purpose of this definition of an “affiliate”, “control” together with its grammatical variations when used with respect to any person (including Vidyasarthi), means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of the voting securities, by contract or otherwise howsoever; and a “person” means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever. Vidyasarthi’s privacy policy applies to use of the Vidyasarthi Portal, and its terms are made a part of these T&Cs by this reference. Additionally, by using the Vidyasarthi Portal, You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information You send to the Vidyasarthi Portal may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This Agreement is the entire agreement between You and Vidyasarthi relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Vidyasarthi in accordance with the terms of this Agreement.

Bill Payments and Digital Products Terms & Conditions

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Vidyasarthi website located at vidyasarthi.com, and all associated sites linked to vidyasarthi.com, or the Vidyasarthi mobile application or any similar portal (hereinafter collectively, the Vidyasarthi Portal) run by Vidyasarthi education services pvt. Ltd., having its registered office at 88, shivpuri colony, kalyanpur, lucknow,Uttar Pradesh – 226022 and corporate office at 88, Shivpuri colony, Kalyanpur, lucknow – 226021 and/or any of its affiliates (hereinafter collectively, Vidyasarthi education services or Vidyasarthi) on any device and/or before availing any   bill payment or digital products related services offered by Vidyasarthi on the Vidyasarthi Portal (hereinafter, individually Vidyasarthi Digital Service and collectively, the Vidyasarthi Digital Services).

Eligibility

The Vidyasarthi Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Vidyasarthi from availing the Vidyasarthi Digital Services or accessing the Vidyasarthi Portal. By accepting the T&Cs or by otherwise using the Vidyasarthi Digital Services on the Vidyasarthi Portal, You represent that You are at least 18 years of age and have not been previously suspended or removed by Vidyasarthi, or disqualified for any other reason, from availing the Vidyasarthi Bill Payment and Digital Goods Services or using the Vidyasarthi Portal. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Vidyasarthi reserves the right to suspend or permanently prevent You from availing Vidyasarthi Digital Services or using the Vidyasarthi Portal.

Digital Services

Vidyasarthi facilitates the payment of certain bills through the Vidyasarthi Portal with respect to certain services offered by Vidyasarthi business partners who have partnered with Vidyasarthi to enable their bills to be paid through the Vidyasarthi Portal. Please see the relevant links on the Vidyasarthi Portal for more information on Vidyasarthi’s bill payment service. Further, Vidyasarthi also offers certain digital products which facilitate the purchase of  seminar tickets, hostel reservations, etc. Other digital products available on the Vidyasarthi Portal also include coupon redemption services. The terms and conditions in relation to bill payments and digital products are set out below. The terms and conditions in relation to bill payments and digital products set out below are applicable to and binding on You in conjunction with the SSOID terms and conditions already accepted by You. Each SSOID term or condition is applicable to and binding on You, or any of Your activities on the Vidyasarthi Portal, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned herein below includes the terms and conditions in relation to bill payments and digital products set out below and the SSOID terms and conditions as well as other service-specific terms and conditions in relation to Vidyasarthi Services or Vidyasarthi Portal.

 

Bill Payments

In order to use the bill payments service or any other Vidyasarthi Service, You will need to obtain access to the World Wide Web or the Internet, either on a computer or on any other device that can access web-based content, and You will also need to pay any service fees associated with such access. In addition, You must have all equipment necessary to make such connection to the World Wide Web or the Internet, including a computer and a modem or any other set of access devices. Vidyasarthi and/or the Vidyasarthi business partner (including Vidyasarthi’s bill payment partners) reserve the right to charge and recover from You, such fees for availing the service as the case may be. These charges shall be effective from the time when they are posted on the Vidyasarthi Portal or on the Vidyasarthi business partner’s channel/portal/website through which You are availing the specific service. You are bound by such revisions and should therefore visit the Vidyasarthi Portal or check with the Vidyasarthi business partner’s channel/portal/website through which You are availing the specific service in order to review the applicable fees which may vary from time to time. In the event that You stop or seek a reversal of the payment instructions as may have been submitted, Vidyasarthi shall be entitled to charge and recover from You and You shall be liable to pay such charges to the bill payment service provider as may be decided by Vidyasarthi. These charges shall be charged on to Your designated payment account or in any other manner as may be decided by Vidyasarthi. Vidyasarthi offers a convenient and secure way to make payments towards identified biller(s) using a valid payment account. Depending upon the Vidyasarthi business partner through whom the specific service is availed by You (i) the specific features of the service may differ; (ii) the number of billers available over the service may differ; (iii) the type and range of payment accounts that can be used to issue a payment instructions may differ; (iv) the modes/devices over which the service can be accessed may differ; and (v) the charges, fees for availing the service or any aspect of the service may differ. Specific details related to these aspects would be available with the Vidyasarthi business partner on their channel/portal/website over which the service is being availed. From time to time, Vidyasarthi, at its sole discretion, can add to or delete from such list of billers or types of payment accounts that can be used in respect of making payments to a biller. The type and range of payment accounts that can be used for making payments may differ for each biller depending on biller specifications. There may be additional fees/charge when using certain types of payment accounts in respect of a biller. The terms upon which a payment can be made to a biller can differ depending on whether a card or a bank account is used to issue the payment instruction. Further, depending on the specific facilities allowed by a Vidyasarthi business partner, payments to a biller can be made either (a) by issuing a payment instruction for an online debit/charge to a payment account or (b) by scheduling an automated debit to a payment account. In using the bill payment service, You agree to:

  • provide true, accurate, current and complete information about Yourself (“Registration Data”), Your payment account details (“Payment Data”), Your biller details (“Biller Data”); and
  • maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete at all times. If You provide any information that is untrue, inaccurate, not current or incomplete, or Vidyasarthi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vidyasarthi has the right to suspend or terminate Your account and refuse any and all current or future use of the Vidyasarthi Services/Vidyasarthi Portal (or any portion thereof). The term biller includes telecom operators.

Vidyasarthi assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction(s) on the payment date owing to any one or more of the following circumstances:

  • If the payment instruction(s) issued by You is/are incomplete, inaccurate, invalid and delayed;
  • If the payment account has insufficient funds/limits to cover for the amount as mentioned in the payment instruction(s);
  • If the funds available in the payment account are under any encumbrance or charge;
  • If Your bank or the National Clearing Centre refuses or delays honouring the payment instruction(s);
  • If payment is not processed by biller upon receipt;
  • Circumstances beyond the control of Vidyasarthi (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force).

In case the bill payment is not effected for any reason, You will be intimated about the failed payment by an e-mail.

Seminar Tickets

Vidyasarthi is an intermediary within the meaning of the Information Technology Act, 2000 and the rules thereunder and merely facilitates the sale and purchase of seminar tickets between the merchant, i.e., the organiser, and customer. For the purposes of this section, a merchant shall mean a event organiser or the person owning inventory of seminar tickets that are being sold on the Vidyasarthi Portal. Vidyasarthi does not at any point of time during any transaction between the customer and the merchant, take the ownership of any of the products/services provided by merchant. Nor does Vidyasarthi at any point assert any rights or claims over the products/services offered by the merchant to the customer.   In using the Vidyasarthi Portal for purchasing seminar tickets, You explicitly agree and acknowledge that:

  • Bookings for the tickets once made by You cannot be cancelled, exchanged or refunded;
  • Your booking confirmation will be sent via an e mail and/or SMS;
  • You or the person collecting the ticket(s) on Your behalf need to print and present the e mail ticket at the counter in order to avail a physical ticket from the auditorium box office of the merchant at the premises of the cinema hall concerned;
  • To collect the tickets from the event (audotorium office, it is mandatory for You or the person collecting the ticket(s) on Your behalf to present the debit/credit card that has been used to book ticket(s) along with the booking confirmation SMS or e mail print out;
  • The holder of a physical ticket is deemed to be the owner of the ticket(s);
  • A convenience fee per booking in respect of the ticket(s) is levied on all tickets booked by You online. Kindly check once before You make the booking;
  • As per the merchant’s terms and conditions, You need to make the bookings for the tickets in respect of the children above the age of 3 years;
  • As per the merchant’s terms and conditions, in case a physical ticket is lost or misplaced, a duplicate ticket cannot be issued;
  • If the merchant cancels the show, Vidyasarthi will not be held responsible for such cancellation. In such cases, Vidyasarthi will automatically issue a refund to Your Vidyasarthi wallet with applicable deductions the amount paid by You for the seminar ticket(s) booked on Vidyasarthi within 48 hours of the cancellation;
  • If You do not receive a confirmation number (in the form of a confirmation SMS or e mail) after submitting payment information, or if You receive an error message or service interruption after submitting payment information, You should immediately report to the Vidyasarthi customer care. Vidyasarthi will not be responsible for any losses occurred in the process;
  • Please add [email protected] to Your address book to ensure e mail delivery in Your inbox. Vidyasarthi will not be responsible for any loss caused due to the confirmation e-mail or any other e-mail relating to the ticket booking process not being delivered to Your primary inbox;
  • By booking a ticket on the Vidyasarthi Portal, You agree and undertake to adhere to and comply with the terms and conditions of respective merchants in respect of all the bookings made by You for the tickets through the Vidyasarthi Portal;
  • As per the merchant’s terms and conditions, outside food and beverages are not allowed inside the  hall’s premises;
  • We may share Your telephone number(s) with our service providers (including the merchants) who we have contracted with to assist us in pursuing our rights or performing our obligations under the user agreements, our policies, or any other agreement we may have with You. These service providers may also contact You using auto-dialled or pre-recorded messages calls and/or SMS or other messages in any other form, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
  • By accepting the T&Cs, including the specific terms and conditions in this section, You accept that Vidyasarthi may send the alerts to the mobile phone number/e mail provided by You while registering on the Vidyasarthi Portal or to any such number replaced and informed by You subsequently;
  • Notwithstanding anything to the contrary contained herein, neither Vidyasarthi nor affiliates of Vidyasarthi or its officers, directors, employees or merchants or any related party shall have any liability to You or to any third party for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to the T&Cs, the Vidyasarthi Portal or Vidyasarthi Services, even if any of said parties had been advised of, knew of, or should have known of, the possibility of such damages. To the maximum extent permitted by law, Vidyasarthi’s maximum aggregate liability to You for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to Rs. 100. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Vidyasarthi or affiliates of Vidyasarthi, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the Vidyasarthi Portal and/or Vidyasarthi Service.
  • Ticket(s) booked with cancellation protect can be cancelled upto 3 hours before the show time e.g. If you have booked tickets for show time Sunday 7 PM, you can cancel the tickets upto 3:59 PM on that Sunday.
  • In case you cancel your ticket within the cancellation period, you will receive 100% refund on ticket price e.g. If you have booked tickets for show time Sunday 7 PM and you cancel the ticket(s) anytime before 3:59 PM on that Sunday, you will get 100% refund in your Vidyasarthi Wallet within 24 hours of canceling the ticket.
  • On booking ticket(s) with cancellation protect, You will receive a booking confirmation sms/e-mail. Please note that the booking confirmation is not Your ticket and You won’t be able to enter the auditorium with this booking confirmation.
  • Your ticket(s) will be sent to you over sms/e-mail only after the cancellation period is over e.g. if your seminar show time is Sunday 7 PM, you will receive your ticket details after 4 PM on that Sunday.
  • Refund will only be given for the seminar ticket amount, any additional amount paid for Cancellation Protect, convenience fee or food and beverages will not be refunded. On cancellation of the ticket, the auditorium operator reserves the right to allow or disallow redemption of the food item in the order.
  • Partial cancellation of an order is not allowed.
  • Cancellation Protect is a promotional offer by Vidyasarthi education services Pvt.  Ltd. (Vidyasarthi) and it reserves the right to alter the terms or discontinue the offer at any time without prior notice,Vidyasarthi may suspend any user’s ability to participate in the program at any time for any reason at its discretion.
  • Cancellation protect feature entitles the user to an enhanced refund policy on seminar ticket bookings through Vidyasarthi.
  • Cancellation Protect feature is available only for a limited number of seats and on select cinemas.
  • In case of any issues, the interpretation of Vidyasarthi will be considered final.

Coupon Redemption

In addition to the T&Cs, coupon redemption is subject to standard and specified terms and conditions mentioned by respective retailers. Coupons are issued on behalf of respective retailers. Hence, any damages, injuries, losses incurred by the You as a result of using the coupon is not the responsibility of Vidyasarthi and its affiliates, and each of their directors, officers, employees, and agents. Total cashback for a user cannot be more than 50% of his payments or Rs 10,000, whichever is higher. This term supersedes any offer related to any other Vidyasarthi Service.

Assignment; Restrictions on Information Sharing; Privacy

This Agreement, including the terms and conditions set out here in relation to Vidyasarthi Digital Services and Digital Goods, Vidyasarthi Travel and in relation to MMTC-PAMP, and any rights granted hereunder, may not be transferred or assigned by You without Vidyasarthi’s prior written consent which may be withheld in Vidyasarthi’s sole discretion, but this Agreement, and any rights granted hereunder, may be assigned by Vidyasarthi freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by You in violation of this provision shall be void and of no effect. By accepting this Agreement and the T&Cs hereunder, You agree to be customers of Vidyasarthi (including, each of Vidyasarthi education services  and its affiliates). In addition, by accepting this Agreement and the T&Cs hereunder, You expressly and impliedly provide Your free and unconditional consent for the following: (a) for transferring Vidyasarthi’s rights and obligations under this Agreement and the T&Cs in favour of any affiliate or third party; (b) for using the Vidyasarthi Portal and availing the Vidyasarthi Services by You subject to any specific terms and conditions imposed by any affiliate of Vidyasarthi; (c) for receiving communications, notices and information from any Vidyasarthi education services or any affiliate of Vidyasarthi education services; (d) for sharing of business information (including data analytics and any information relating to You or the services being availed by You) between Vidyasarthi education services and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to Vidyasarthi’s customers (including You); (ii) provision of better services by Vidyasarthi’s vendors; (iii) to prevent any breach of a binding agreement between Vidyasarthi education services and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by Vidyasarthi or by any affiliate of Vidyasarthi; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of Vidyasarthi education services or any affiliate; or (vi) Vidyasarthi education services retaining any and all information relating to You till such time as may be required under applicable laws or internal policies. At times Vidyasarthi education services or its affiliates may make certain personal information available to affiliates and strategic partners that work with Vidyasarthi to provide products and services, or that help Vidyasarthi market to customers. Personal information will only be shared by Vidyasarthi to provide or improve Vidyasarthi’s products, services and advertising and will always be shared in compliance with applicable laws; it will not be shared with non-affiliated third parties for their marketing purposes. Vidyasarthi, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to You, managing and enhancing customer data, providing customer service, assessing Your interest in Vidyasarthi’s products and services, offering any products or services from any Vidyasarthi Portal, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable law and these companies are obligated to protect Your personal information under applicable law. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for Vidyasarthi to disclose Your personal information. Vidyasarthi may also disclose information about You if Vidyasarthi determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. Vidyasarthi may also disclose information about You if Vidyasarthi determines that disclosure is reasonably necessary to enforce the T&Cs or protect Vidyasarthi’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of Vidyasarthi’s business or products or services offered through any Vidyasarthi Portal to any persons (including any affiliates), Vidyasarthi may transfer any and all personal information that Vidyasarthi collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees. For the purposes of these T&Cs, the term “affiliates” means and includes: (a) any company which is the holding company (as defined in the Companies Act, 2013), subsidiary company (as defined in the Companies Act, 2013) or associate company (as defined in the Companies Act, 2013) of Vidyasarthi education services; or (b) a person under the control of or under common control with Vidyasarthi education services; or (c) any company, who is an associate company (as defined in the Companies Act, 2013) of the first company, or if more than 50% of the share capital of such company (calculated on a fully diluted basis) is held by the same shareholders who own more than 50% of the share capital of Vidyasarthi education services pvt. Ltd. (calculated on a fully diluted basis).. For the purpose of this definition of an “affiliate”, “control” together with its grammatical variations when used with respect to any person (including Vidyasarthi), means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of the voting securities, by contract or otherwise howsoever; and a “person” means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever. Vidyasarthi’s privacy policy applies to use of the Vidyasarthi Portal, and its terms are made a part of these T&Cs by this reference. Additionally, by using the Vidyasarthi Portal, You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information You send to the Vidyasarthi Portal may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any Vidyasarthi Service or the Vidyasarthi Portal, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Vidyasarthi may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or Vidyasarthi may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or Vidyasarthi (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Vidyasarthi may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Vidyasarthi. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Vidyasarthi must be resolved by a court having jurisdiction in Lucknow, Uttar Pradesh, India. You agree to submit to the personal jurisdiction of the courts located within Lucknow, Uttar Pradesh, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.