Terms of Service

I. Introduction :

  1. These terms are legally binding between VINMANTRA DIGITAL LLP having its registered office at 1701 Windsor Tower, Shastri Nagar, Andheri West, Mumbai – 400053, hereinafter referred to as (‘VinMantra", "We/we", "Us/us", or "Our/our") and the User(s) hereinafter referred to as (“You/you or Your or your). We provide educational course related product(s), which are accessible at vinmantra.com. The website or mobile application shall be hereinafter referred to as the Platform or platform.
  2. By accessing or using the platform or by downloading or posting any content from or on the platform, you acknowledge that you have read, and that you understand and agree to comply with and be legally bound by the terms, whether or not you have registered with the platform. These terms govern your access to and use of the platform, and constitute a binding legal agreement between you and us. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
  3. Therefore, please read these terms before accessing or using the platform or downloading or posting any content from or on the platform, carefully as they contain important information regarding your legal rights, remedies and obligations.
  4. If you do not agree to these terms, then you have no right to access or use the platform. Failure to use the platform in accordance with these terms may subject you to civil and criminal liabilities.
  5. In addition, certain areas of the platform may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. We reserve the right to determine the criteria for provision of various elements of product(s) to you based on our policies. Hence, subscription to the platform does not automatically entitle you to any and all elements of product(s) provided by us and we shall be entitled to exercise our discretion while providing access to and determining continuity of certain elements of product(s). We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of our product(s) at our own If there is a conflict between these terms and terms and conditions posted for a specific area of the platform, the latter terms and conditions will take precedence with respect to your use of or access to that area of the platform.
  6. VINMANTRA DIGITAL LLP is incorporated in India. These terms are drafted as per the Indian laws. Whosoever is accessing or using this platform outside Indian jurisdiction, shall be responsible to adhere to the laws of that particular jurisdiction outside India. We shall not be in any case whatsoever be held liable with respect to any acts or activity of user situated outside Indian jurisdiction, accessing and using this platform, whether as a visitor (unregistered user) or a registered user of this platform, for any breach or violation by the user of any laws of the jurisdiction outside India.
  7. 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.
  8. We may modify these terms at any time by posting the changed terms on the Platform.

II. Definition:

In addition to other words and expressions that may be defined elsewhere in these terms, unless the context otherwise requires, the following terms wherever used in the agreement shall have the meanings as ascribed hereunder:

  1. Content/content means including and not limited to user content or vinmantra content or any other content on the platform or content available as a part of promotional campaigns or as a part of our social media channels.
  2. Platform/platform means including and not limited to website or mobile application or our social media channels or promotional campaigns providing access to the educational course related product(s).
  3. Product(s)/product(s) means including and not limited to educational course related product(s) on the platform.
  4. Terms/terms means including and not limited to Terms and Conditions or Terms of Use or Terms of Service or User Agreement or by any other name as specified by us.
  5. User(s)/user(s) means including and not limited to (also referred to as “You/you” or “Your/your”) a person, who is a visitor (unregistered user) on the platform or who completes account registration process on the platform (registered user),including but not limited to students and parents or legal guardian in case of student being a minor (under the age of 18 years).
  6. "User Content/user content means including and not limited to (also referred as your Content/your content) all content that user posts, provides, uploads, publishes, submits, transmits, or includes in their user profile or in the answers to the practice questions, mock tests or in the discussion forum for doubt clearing and knowledge sharing with other users of the platform or our promotional campaign to be made available through the platform.
  7. "VinMantra Content/vinmantra content means (also referred as Our Content/our content) all content that we make available through the platform including and not limited to free trial lecture, video lectures, practice questions, mock tests, tips for each course related topics, solutions to practice questions, mock tests, previous year question papers, solutions provided during doubt clearing sessions, knowledge sharing on the discussion forum and our related promotional campaigns and through our official social media channels, including any content licensed from a third party, but excluding user content.

III. Eligibility:

The registration on this platform is for users who are 18 years of age or above. Users below the age of 18 [Minor(s)/minor(s)] can access and use this platform only with the permission and under the supervision of their parent or legally appointed guardian. If you are a minor(s), then your parent or legal guardian can open an account on your behalf and help you purchase the educational courses for you and also such parents or legal guardians must have agreed to these terms on behalf of the minor. Any registration on this platform by anyone under 18 years of age is expressly prohibited. In the event a minor utilises the platform, it is assumed that the minor has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. We will not be responsible for any consequence that arises as a result of misuse of any kind of our platform that may occur by virtue of any person including a minor registering on the platform. By using the platform, you warrant that all the data provided by you is accurate and complete and that users using the platform have obtained the consent of parent/legal guardian (in case of minors). We reserve the right to expel you from the platform, if it is discovered that you are a minor and have registered as well as accessing the platform without the consent of your parent or legal guardian. You acknowledge that we do not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualification. The use of the platform is also not available to persons who have been expelled from the platform by us for any reason whatsoever.

IV. Account Registration:

  1. The platform can be used to facilitate the students to purchase the educational course related product(s). Such courses related product(s) are included in the platform by us. You may view the course related product(s) information as an unregistered visitor to the platform.
  2. In order to access and utilise our product(s), and to purchase the product(s), on the platform you must register to create an account on our platform and become a registered user of the platform. You will be required to furnish certain information and details, including and not limited to your name, mobile number, e-mail address, residential address, payment information (credit/debit card details) if required, and any other information deemed necessary by the platform. It is your sole responsibility to ensure that the account information provided by you is accurate, complete and latest.
  3. We may in future offer a feature or functionality on our platform wherein you may register and login into the platform with the help of social networking sites. You may also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook, Instagram; each such account, a "Third-Party Account" or “third-party account”), via our platform, as described below. As part of the functionality of the platform, you may link your account with third-party accounts, by either: (i) providing your third-party account login information to us through the platform; or (ii) allowing us to access your third-party account, as permitted under the applicable terms and conditions that govern your use of each third-party account. You represent that you are entitled to grant us the access to your third-party account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable third-party account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. By granting us access to any third-party accounts, you understand that we will access, make available and store (if applicable) any information that you have provided to and stored in your third-party account, so that it is available on and through the platform via your account and the account profile page. Unless otherwise specified in these terms, all information, if any, will be considered to be SNS information for all purposes of these terms. Depending on the third-party accounts you choose and subject to the privacy settings that you have set in such third-party accounts, personally identifiable information that you post to your third-party accounts will be available on and through your account on the platform. Please note that if a third-party account or associated service becomes unavailable or our access to such third-party account is terminated by the third-party service provider, then your SNS information will no longer be available on and through the platform. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any SNS information for any purpose, including but not limited to for accuracy, legality or non-infringement and we are not responsible for any SNS information.
  4. Your account and your account profile page will be created for your use of the platform based upon the personal information you provide to us or that we obtain via SNS as described above. You may not have more than one (1) active account on the platform. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to expel you from the platform if (a) you create more than one (1) account on the platform, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these terms; and (b) immediately notify us of any unauthorised use of your account. You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorised such activities or actions. You agree to ensure that you will successfully log out from your account at the end of each session and you will immediately notify us of any unauthorised 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 delete your account without any liability to us, for such a 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 guarantee accessibility to the platform at all times. 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 platform at any time.
  5. We may, based on any form of access to the product(s) (including free download/trials) or registrations through any source whatsoever, contact you through sms, email and call, to give information about our product(s) as well as notifications on various important updates and/or to seek permission for demonstration of our product(s). You expressly grant us such permission to contact you through telephone, SMS, e-mail and hold us indemnified against any liabilities including financial penalties, damages, expenses in case your mobile number is registered with Do Not Disturb (DND) database. By registering yourself, you agree to make your contact details available to our employees, associates and partners so that you may be contacted for education information and promotions through telephone, SMS, email etc. Further, we shall have the right to monitor the usage of the platform, any downloads and the contents thereof by you, to analyse such usage and discuss the same with you to enable effective and efficient usage of the product(s).

V. Service Description:

  1. We may provide a personalised subscription or membership service that allows our users to access vinmantra content through the platform. The platform will have various educational course related product(s). We provide access to video lectures related to the courses which can be streamed on the platform. The user can play and pause lecture videos and re-watch the lectures multiple times. The user cannot download the video lectures in any case.
  2. We may on the platform also provide users with (indicative not exhaustive) practice questions, mock tests, tips for course related topics, solutions to previous year question papers. The users also get access to a discussion forum wherein the user can interact with other users of the platform, discuss their doubts regarding the course topics and also share knowledge regarding the course topics with other users.
  3. The users may also be provided with features like (indicative not exhaustive) marking challenging questions for later review, highlighting of frequent careless mistakes, digital progress tracking of the user, automated sharing of the results/performance/progress of the students with their parents.
  4. We may also provide the user with a free demo or trial of our product(s) by providing access to a free lecture. The user has to register on our platform for accessing the free demo or trial lecture.
  5. Our responsibility is limited only up to providing the user with a platform through which the user will get access to the educational course related product(s). The user has to fulfill or arrange for certain requirements through which the user can get access to use the platform. The requirements are having the necessary devices or compatible devices (indicative not exhaustive) which can provide access to the platform like mobile, laptop, computer, tablet and a good stable internet connection. It is completely the users responsibility to make arrangements for such devices. We will not in any case provide the user with these requirements. The user can access and utilise our platform online only by logging on to the platform through the compatible devices. The user will not be provided any pendrive, CD, DVD, tablet or any other such devices which can provide the user the access to the course product(s) in an offline mode. There will be no physical delivery of our product(s). The user can in some cases may download the study material and print it when expressly permitted by us and the user shall utilise such downloadable/printable version of study material for self-study purposes or individual or private purposes and shall note share such material with any other user whether registered or unregistered and also shall not use such study material for commercial purposes. By agreeing to these terms, the user acknowledges that the user has access to any of the compatible devices and a good stable internet connection, required to access and use the platform.

VI. Payment Terms:

  1. The user can, after registration and logging on to the platform, view the product(s). The costs of the product(s) to be purchased will be displayed on the platform. Also, the information regarding the limited subscription period or validity period for which the user can access and utilise the product(s) will be displayed. The user can select the course related product(s) as per his interest and then make the payment for that product(s).
  2. You agree to make the payment for the product(s) requested, in connection with your account. We will collect the payment related to product(s) via credit card/ debit card/ net banking/or any other payment mode as specified by us, as per the payment terms.
  3. We may confirm the purchase of product(s) by you by sending you an email, text message or call you or by raising a system generated invoice or receipt and confirm your purchase of the product(s) on the platform. Payment confirmation receipt or invoice shall be inclusive of all applicable taxes.

VII. Subscription/Membership:

  1. Your access to the platform and the product(s) you purchase is on a subscription basis for viewing during a limited period of time during the prescribed subscription period. After the limited subscription period is over, your access and usage of the platform and the product(s) will automatically expire.
  2. The user cannot cancel the subscription to the purchased product(s). After purchasing a particular course related product(s) on the platform, the subscription will continue to exist till the cessation of the subscription period. We do not, in any case whatsoever, process any cancellation requests with respect to the product(s) purchased. Also, we do not process any refunds except in certain situations wherein the platform is providing any cashbacks or other equivalent schemes/offers for purchase of the product(s) on the platform. Zero or no refunds even in case of expulsion from the platform before the expiry of subscription period.

VIII. Taxes:

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority" or “tax authority”) where your office or residence is located may require taxes to be collected from you on the amount paid for the product(s) on our platform and to be remitted to the respective tax authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the payments with respect to product(s) as set by us.

IX. User Conduct:

  1. The registered user of the platform shall access and use the purchased product(s) for personal or individual use only.
  2. It is strictly prohibited to (including but not limited to) share the product(s) to some other non - registered user or a registered user but with access to a different product(s) than the shared product(s) or enabling access to the purchased product(s) to multiple users whether registered or unregistered or forming groups of multiple people and collecting and contributing the amount to purchase the product(s) through a single account or using our product(s) for any commercial purposes. A teacher or a tutor or a school or a coaching class or any education institute shall not use our product(s) for commercial purposes. Any user of the platform shall not record our product(s) in any way (including but not limited to), screen recording, taking screenshot, snapshot, audio recording, taking pictures etc. If at any given point it comes to the notice of us that you are engaged in any kind of the above-mentioned activities, then in such a case you agree that we shall have the sole right to expel you from the platform with immediate effect and without any notice of such expulsion and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
  3. We will provide a discussion forum for the registered users of the platform wherein the users can interact with other users of the platform and discuss their doubts and queries with respect to the course topics and also share their knowledge in this discussion forum. Please be sensible and judge before posting in this discussion forum or sharing your personal information with others on the discussion forum. Be aware that any personal information you submit in the discussion forum can be read, collected, or used by others, or could be used to send you unsolicited messages. The users shall not post any objectionable content (decided by us as per our sole discretion) in the discussion forum including and not limited to any religious opinions, political opinion, any personal or sensitive information of any other user, harassing or abusing or threatening or passing comments regarding any user in the discussion forum. If at any given point it comes to the notice of us that you are engaged in any kind of such activity in the discussion forum, then in such a case you agree that we shall have the sole right to expel you from the forum with immediate effect and without any notice of such expulsion.
  4. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the platform. In connection with your use of the platform, you may not and you agree that you will not (Indicative and not exhaustive):
  • Violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;
  • Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the platform;
  • Access or use our platform, expose or allow to be used or exposed, any of our product(s)(i) that is not publicly displayed by us in our search results pages or product(s) pages before your purchase is confirmed; (ii) in any way that is inconsistent with our Privacy Policy or terms; or (iii) in any way that otherwise violates the privacy rights or any other rights of our users or any other third party;
  • Use the platform and its content for any commercial or other purposes that are not expressly permitted by these terms or in a manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with us;
  • Dilute, tarnish or otherwise harm our brand in any way, including through unauthorised use of the content, registering and/or using the platform or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to vinmantra domains, trademarks, taglines, promotional campaigns or the content;
  • Copy, store or otherwise access or use any information contained on the platform for purposes not expressly permitted by these terms;
  • Infringe our rights or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
  • Interfere with or damage our platform, 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 platform in any manner that could damage, disable, overburden or impair the platform or servers or the networks connected to any of the servers on which the platform 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 platform, violate any requirements, procedures, policies or regulations of networks connected to the platform, or engage in any activity prohibited by these terms;
  • Disrupt or interfere with the security of, or otherwise cause harm to the platform, materials, systems resources, or gain unauthorised access to user accounts, passwords, servers or networks connected to or accessible through the platform or any affiliated or linked sites or product(s);
  • Interfere with, or inhibit any user from using and enjoying access to the platform, or other affiliated sites.
  • Use our platform to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • Use our platform in connection with the distribution of unsolicited commercial email (spam);
  • 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;
  • Stalk" or harass any other user of our platform, or collect or store any personally identifiable information about any other user other than for purposes of transacting as our user;
  • Stalking, intimidating and/or harassing and/or inciting any other user to commit violence;
  • Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  • Register for more than one account on the platform or register for an account on behalf of an individual other than yourself, except in case where the parent is registering the account for its child or guardian for its ward;
  • Contact another user for any purpose other than having discussion related to the course;
  • Recruit or otherwise solicit any user to join third-party services or websites that are competitive to us;
  • Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • Use automated scripts to collect information from or otherwise interact with the platform;
  • Violate these terms or our then-current policies and or standards;
  • Engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform;
  • Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, abusive, tortious, libelous, unlawful, obscene, pornographic or child – pornographic, lewd, lascivious, profane, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, ethnically objectionable, invasive of another’s privacy; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • Access, tamper with, or use non-public areas of the platform, Our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any our system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the platform;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the platform and its content;
  • Advocate, encourage, or assist any third party in doing any of the foregoing; or
  • Alter or modify any part of the platform;
  • Use the platform 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 platform.
  1. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these terms, we may expel you from the platform, for a violation of these terms.
  2. We may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (ii) enforce or administer our agreements with users, such as these terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product(s) development anddebuggingpurposes, or (iv) protect the rights, property or safety of us, our users, or users of the public.
  3. You acknowledge that we have no obligation to monitor your access to or use of the platform or to review or edit any of your information, but has the right to do so for the purpose of operating and improving the platform(including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these terms.
  4. We reserve the right, at any time and without prior notice, to remove or disable access to any content or information that we, at our sole discretion, consider to be objectionable for any reason, in violation of these terms or otherwise harmful to the platform.
  5. In no event shall we, our officers, directors, employees, partners or agents 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 platform.

X. Reporting Misconduct:

If any user who you or we feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, or (ii) engages in any other disturbing conduct, we would immediately, without any prior notice to such user, expel such user.

XI. Privacy:

In order to provide the services to you we collect some of your personal information. We describe our collection and use of personal information in our Privacy Policy. Please review this policy. You must agree to the processing of your personal information as laid out in our Privacy Policy (as may be updated from time to time). You agree that we may disclose personal information provided to us, including the data entered onto the platform, if required by law or government request such as a warrant, or as specified in the Privacy Policy. If you are under 18 years[minor(s)] then you can access our platform and its product(s) provided. You are responsible for preventing unauthorised access to your account.

XII. Intellectual Property Ownership and Copyright Notices:

The platform is protected by copyright, trademark, and other laws of India. You acknowledge and agree that the platform, including all associated intellectual property rights, are the exclusive property of us and our licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the platform. All trademarks, service marks, logos, trade names, and any other proprietary designations of us used on or in connection with the platform are trademarks or registered trademarks of us in India. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the platform are used for identification purposes only and may be the property of their respective owners. You understand and agree that you are bound by the additional terms, guidelines and policies that apply to your use of the platform, including our trademark & branding guidelines (as may be updated from time to time). We respect the copyright law and expect you to do the same. It is our policy to expel from the platform in appropriate circumstances, the users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. In the event, you have any grievance in relation to any content or information uploaded on the platform, you may contact us at support@vinmantra.com. We request you to provide the following information - a) A physical or electronic signature of a person authorised to act on behalf of the copyright owner for the purposes of the complaint. b) Identification of the copyright work claimed to have been infringed. c) Identification of the material on our platform that is claimed to be infringing or to be subject of the infringing activity. d) The address, telephone number or email address of the complaining party. e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent and or the law. f) A statement under penalty of perjury that the information in the notice of copyright infringement is accurate and that the complaining party is authorised to act on behalf of the owner of the right that is alleged.

XIII. VinMantra Product(s) and User Content License:

  1. Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable license, to (a) access and view any of our product(s) solely for your personal andnon-commercial purposes and (b) access and view any user content to which you are permitted access, solely for your personal and non-commercial  You have no right to sublicense the license rights granted in this section.
  2. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the platform, except as expressly permitted in these terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these terms.

XIV. User Content:

  1. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit your content. By making available any of your content on or through the platform, or through our promotional campaigns, you hereby grant to us a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit your content on, through, by means of or to promote or market the platform. You agree that others may use your content in the same way as any other content available through the platform. If your subscription period expires, then your content and name may remain available through the platform.
  2. You acknowledge and agree that you are solely responsible for all your content that you make available through the platform or through our promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all your content that you make available through the platform or through our promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such your content, as contemplated under these terms; and (ii) neither your content nor your posting, uploading, publication, submission or transmittal of your content or our use of your content (or any portion thereof) on, through or by means of the platform or our promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  3. Please note that the answers to tests or the assignments or notes may be uploaded by you directly. Therefore, we will not be liable for the content of the same. Further we may certify an answer posted by you to be correct or not. This however does not mean that we have checked whether the answer has or has not been copied by you from any other source without authorisation. If you upload a copied content from any source in a particular section of the platform, where you are generally required to upload the content, then it is completely your responsibility to take prior permission or authorisation of such source, if required. We must not be held liable if you copy the content from other sources without prior permission or authorisation from such source and you are yourself liable to face any penalty or any liability arising from such a conduct.

XV. Application License:

Subject to your compliance with these terms, we grant you a limited non-exclusive, non-transferable license to download and install a copy of the mobile application on each mobile device or computer that you own or control and run such copy of the application solely for your own personal use.

XVI. Feedback:

We make all best endeavors to provide you with a pleasant experience. In the unlikely event that you face any issues, please contact us at support@vinmantra.com. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the platform ("Feedback" or “feedback”). Any feedback you provide to us with respect to the platform shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, 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; (iii) the platform may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from us for the feedback under any circumstances, unless specified. You may submit feedback by emailing us, through the "Contact" section of the platform, or by other means of communication. You acknowledge and agree that all feedback you give us will be the sole and exclusive property of us and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such feedback. At our request and expense, you will execute documents and take such further acts as We may reasonably request to assist us to acquire, perfect, and maintain our intellectual property rights and other legal protections for the feedback. Under no circumstances shall we be held responsible in any manner for any content provided by other users even if such content is offensive, hurtful or offensive. Please exercise caution while accessing the platform.

XVII. Hyperlinks:

The platform may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, product(s), or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, product(s), or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, product(s) or services on or available from such websites or resources.

XVIII. Expulsion from Platform:

  1. We may immediately, without notice expel you from the platform if (i) you have materially breached these terms or our policies, including but not limited to any breach of your warranties outlined in these terms or breach of the "User Conduct" provisions in these terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during your account registration, or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) We believe in good faith that such action is reasonably necessary to protect the safety or property of us other users, or third parties, for fraud prevention, risk assessment, security or investigation purposes. 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 our right to obtain other remedies.
  2. If you are expelled from the platform, we do not have an obligation to delete or return to you any of your content, including but not limited to any reviews or f If you are expelled from the platform, you may not register a new account or attempt to access and use the platform through other accounts on the platform.

XIX. Disclaimers:

  1. If you choose to use the platform, you do so at your sole risk. You acknowledge and agree that we do not have an obligation to conduct background or character checks on you, but may conduct such background or character checks in our sole discretion. If we choose to conduct such checks, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future.
  2. The platform is provided on an "as is", basis without warranty of any kind, either express or implied. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. While we ensure that our product(s) maintain the quality standards, we make no warranties or representations whatsoever regarding the quality and competence of such product(s). Any feedback from you relating to the same is most welcome and we reserve the right and discretion to take any action in this regard. We make no warranty that the platform, including, but not limited to, any product(s), will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of any of the product(s) or the accuracy, timeliness, truthfulness, completeness or reliability of any product(s) obtained through the platform.
  3. No advice or information, whether oral or written, obtained from us or through the platform, will create any warranty not expressly made herein.
  4. You are solely responsible for all of your communications and interactions with other users of the platform with whom you communicate or interact as a result of your use of the platform, including, but not limited to you but also any other user of the platform. You understand that we do not make any attempt to verify your statements of the platform or reviews about any product(s). We make no representations or warranties as to the conduct of users of the platform or their compatibility with any current or future users of the platform. You agree to take reasonable precautions in all communications and interactions with other users of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, including, but not limited to, other users, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by us. We explicitly disclaim all liability for any act or omission of any other user or other third party.
  5. The product(s) of the platform are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the platform 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 on the platform does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the platform and its product(s) or purchasing the product(s) and accessing or utilising them 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.
  6. In the preparation of the platform, 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 in the platform. Any feedback from you is most welcome to make the platform thereof error free and user friendly. We also reserve the right and discretion to make any changes/corrections or withdraw/add product(s) at any time without notice. Neither us 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 the platform 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.

XX. Limitation of Liability:

  1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use ofthe platform, purchase of any product(s) via the platform, and any contact you have with other users of platform whether in person or online, remains with you. Neither we nor any other party involved in creating, producing, or delivering the product(s) on the platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute product(s) or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the platform, from any communications, interactions or meetings with other users of the platform or other persons with whom you communicate or interact as a result of your use of the platform, or from your purchase of the product(s) via the platform, whether based on warranty, contract, tort (including negligence), product(s) liability or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
  2. We provide you 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 platform. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the platform may also include links to other website(s). These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We shall 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 the Our prior written consent.
  3. Please note that we assume no responsibility for your compliance with any agreements or duties to third parties, applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to expel you from the platform, that we, in our sole discretion, consider to be objectionable for any reason, in violation of these terms or our then-current standards, trademark & branding guidelines, or otherwise harmful to the platform.
  4. By using the platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against that particular user or other third parties who have caused harm to you. You agree not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions.

XXI. Indemnification:

You agree to release, defend, indemnify, and hold us and our affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the platform or your violation of these terms; (b) your content or user content; (c) your (i) interaction with any other user, (ii) purchase of the product(s) offered on the platform; including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of purchasing or accessing or utilising our product(s).

XXII. Survival:

If this agreement is terminated, the clauses of these terms that reasonably should survive termination of the agreement, will remain in effect.

XXIII. Assignment or Transfer:

We reserve the right to assign or transfer the performance of this agreement to our subsidiary or our holding company or acquirer as the case may be from time to time.

XXIV. Entire Agreement:

Except as these terms may be supplemented by our additional policies, guidelines, standards, or terms for a specific product(s), feature, service or offering, these terms constitute the entire and exclusive understanding and agreement between we and you regarding the platform, and any purchase made via the platform, and these terms supersede and replace any and all prior oral or written understandings or agreements between we and you regarding the purchase, access or use of the platform.

XXV. Notices:

Any notices or other communications permitted or required hereunder, including those regarding modifications to these terms, will be in writing and given by us (i) via email (in each case to the email address that you provide) or (ii) by posting on the platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Any notice to be provided to us should be sent to support@vinmantra.com.

XXVI. Governing Law and Jurisdiction:

  1. These terms and your use of the platform will be interpreted in accordance with the laws of India. You and we agree to submit any dispute arising under these terms to the personal jurisdiction of a court located in Mumbai for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
  2. Any dispute, claim or controversy arising out of or relating to these terms including the determination of the scope or applicability of these terms to arbitrate, or your use or access of the platform, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by users and us. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

XXVII. No Waiver:

The failure of us to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of us. Except as expressly set forth in these terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision and the other provisions of these terms will remain in full force and effect.

XXVIII. Force Majeure:

We shall not be liable for failure to perform, or the delay in performance of, any of our obligations if, and to the extent that, such failure or delay is caused by events substantially beyond our control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.

XXIX. Miscellaneous:

  1. Unless explicitly specified otherwise in the platform, our responsibilities are limited to facilitating the availability of the product(s) through the platform.

 

  1. You acknowledge that you have not been induced by any statements or representations of any person with respect to the quality or conditions of the product(s) and that you have relied solely on the investigations, examinations and inspections as you have chosen to make and that we have afforded you the opportunity for full and complete investigations, examinations and inspections.

 

  1. We shall have no liability of any nature, whether in contract, or otherwise, for any losses whatsoever and howsoever caused, from or in any manner connected with any of the product(s) provided by us.
  2. We are not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond our reasonable control.
  3. You may not assign or transfer these terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these terms, without such consent, will be null and of no effect. Our rights under the terms are freely transferable by us, to any third parties without the requirement of seeking your consent. We may assign or transfer these terms, at our sole discretion, without restriction. Subject to the foregoing, these terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  4. We reserve the right at any time and from time to time to modify, suspend or discontinue and/or eliminate, temporarily or permanently, the product(s) (or any part thereof or any aspect or aspects or features or functionality) as we deem fit provided by us with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of such product(s). It is your responsibility to review these terms periodically for updates/changes. All prices are subject to change without notice.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information provided by us, including any intellectual property rights of us or any person firm or corporation having posted information for availability through the product(s) provided by us.
  6. You agree that in the event your post or your information violates any provision of these terms, we shall have the right to expel you from the platform if applicable in the future.

XXX. Contact:

Please contact us at support@vinmantra.com or through any other mode as may be specified by us, if you have any questions relating to the terms mentioned or with respect to any query about the usage of the platform.

We provide these terms so that you are aware of the terms that apply to your use of the platform. You acknowledge that we have given you a reasonable opportunity to read and review these terms and that you have agreed to all of them.