M/S STORYWAYS EDTECH PRIVATE LIMITED, hereinafter called as the Service Provider engaged in the business of imparting Education to its Users in the form of Online and Offline Gurukulam, hereinafter called as the Service Provider.
Whereas, the User includes parents and children of different age groups offered by the Service Provider.
Whereas, the User being willing to learn has approached the Service Provider.
Wherever, the context so requires, the Service Provider and the User, shall mean and include their respective legal heirs, representatives, executors, administrators, nominees and assigns.
Whereas the Service Providerengagesin imparting education to the users according to the “Schedule A” attached to this agreement.
Whereas the Service Providerhas also agreed to impart the education to the User on basis of the terms and conditions more particularly described herein below.
NOW THIS DEED OF AGREEMENT WITNESSETH AS FOLLOWS:
- Enrolment and attendance at online classes offered, at ‘Online Platform’ including Audio/Video Recording of Sessions, Live Online Classes, Live Interaction Sessions for Parents and Children, Activity Details, Worksheets, Audio-books, Books and Career Guidance, by Service Provider AND
- Enrolment and attendance at Physical Classroom Courses offered by the Service Provider.
- The provision and use of an Education Material as part of a Courses offered by the Service Provider.
- The provision of other education or training services by the Service Provider; collectively the Services.
- The Provisions of occasionally, offerings have additional or different terms (Other Terms). If so, the Service Provider will provide those Other Terms to you. For example, conference terms and conditions are outlined in the conference brochure available for each event.
- The Provisions of all other general terms and conditions affecting the User and Service Provider Relationships
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The User acknowledge and accept this Agreement for Courses and Education Materials by ordering or receiving a Service, including ordering a Course and Education Material, attending a class, or using any of the services provided by the Service Provider such as Education Material including accessing a Course online.
NOW THIS DEED OF AGREEMENT WITNESSETH AS FOLLOWS:
This agreement for Course and Education material Applies to:
- Enrolment and attendance at online classes offered, at ‘Online Platform’ including Audio/Video Recording of Sessions, Live Online Classes, Live Interaction Sessions for Parents and Children, Activity Details, Worksheets, Audio-books, Books and Career Guidance, by Service Provider AND
- Enrolment and attendance at Physical Classroom Courses offered by the Service Provider.
- The provision and use of an Education Material as part of a Courses offered by the Service Provider.
- The provision of other education or training services by the Service Provider; collectively the Services.
- The Provisions of occasionally, offerings have additional or different terms (Other Terms). If so, the Service Provider will provide those Other Terms to you. For example, conference terms and conditions are outlined in the conference brochure available for each event.
- The Provisions of all other general terms and conditions affecting the User and Service Provider Relationships
Definitions
- “Course” means an education service available from Service Provider. A course may be provided by instructors presenting Education Material in a class room and or through ‘Online Platform’ including Audio/Video Recording of Sessions, Live Online Classes, Live Interaction Sessions for Parents and Children, Activity Details, Worksheets, Audio-books, Books and Career Guidance via a website or via any other printed or digital media.
- “Education Materials” are literary works or other works of authorship including books, workbooks, journals, manuals, audio-visual content (such as images, text, recordings, or pictures), and related licensed materialsprovided through printed or online medium. Education Material is owned by the Service Provider, and is copyrighted and licensed, not sold. All whole or partial copies of Education Material shall be subject to the same terms as the original copy.
Service Provider-User Responsibility
- The Service Provider shall be responsible for making available/ providing Course Module to its Users as per the program opted by them. Further, the Service Provider shall be responsible for undertaking online and physical classes as per agreed.
- User is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the services provided by the service provider and his/her coaching calls and interactions with the teachers. As such, the User agrees that the teachers and the staff of the service provider is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Service Provider. User understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
- User further acknowledges that he/she may terminate or discontinue the courses availed by him/her at any time.
- User acknowledges that the teaching through the courses is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The User agrees that deciding how to handle these issues, incorporate teaching principles into those areas and implementing choices is exclusively the User’s responsibility.
- User acknowledges that teaching does not involve the diagnosis or treatment of mental disorders as defined by the Indian Psychiatric Society or by American Psychiatric Association and that teaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the User’s exclusive responsibility to seek such independent professional guidance as needed. If User is currently under the care of a mental health professional, it is recommended that the User promptly inform the Service Provider about the mental health care the nature and extent of the treatments pursued by the User.
- User understands, acknowledges and agrees that the Service Provider is imparting traditional knowledge while integrating it with the modern education. Further, the Users (Specially Parents/wards/guardians to the minor) understand and acknowledge that the Service Provider is a holistic educational institution for children. The Service Provider is not an institution which caters to only academic excellence of the child and it conducts no examinations to assess the progress of the child.
- User further, acknowledges and agrees that the Service Provider is not affiliated to any academic educational boards (e.g., ICSE or CBSE) and hence there will be no Transfer Certificates issued to its users. It is further acknowledged and agreed by the user that the Service Provider will assess the growth and progress of the child based on assignment submissions, interactions and observations of the mentors. Service Provider will provide physical props/books of learning to the child based on the needs of the curriculum. Service Provider will conduct online classes for children which will include live interactions between the mentors and user of other times zones on a regular basis. All these classes will be scheduled/ customized as per the need of the curriculum, as decided by the mentors.
- Further, the user acknowledges and agrees that the user has not concealed any material facts with respect to the mental and physical health of the user of the program. Thus, the user acknowledges and agrees that the programs initiated by the Service Provider are not suitable for the differently able persons.
SERVICES
The parties agree to engage in Education Programs through, In-Person Classroom Teaching & ‘Online Platform’ including Audio/Video Recording of Sessions, Live Online Classes, Live Interaction Sessions for Parents and Children, Activity Details, Worksheets, Books, Audio-books and Career Guidance.
The Service Provider shall be responsible for organizing and undertaking the classes and providing the course material to the Users as agreed.
The User agrees and acknowledges to attend each and every class scheduled and organized by the service provider which will be intimated to the User in advance. Under no circumstances the classes will be reorganized if missed by the User due to any reasons whatsoever.
Storyways Edtech Private Limited is an Organization working in the field of education. We will be providing online and in-person courses, workshops and publications for children, parents and individuals
The User understands and acknowledge that in order to enhance the coaching relationship, the User agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
SCHEDULE AND FEES
The fees shall be payable as per the fees structure provided in “Annexure A” attached herewith this agreement.The User further agrees and acknowledge to pay the Course Fees as a One-Time Fees to be paid at the start of program. This amount includes the online access to course content during the program. That User/Users further acknowledge that the expenditure on material for doing the activity, outside online subscriptions, optional programs are not included in this.If rates change before this agreement has been signed and dated, the prevailing rates will apply.
PROCEDURE
The time of the classes will be determined by the service provider.
The courses of Storyways will be performed through these options:
- Participant has to compulsorily register for the course/workshop.
- After successful registration the Course Content will be provided to the concerned participant. This content can be provided in any one of the following forms: recorded audio and video, live online classes, activities, books, journals or worksheets.
- Participant/ User’s finish the content in a limited period (as mentioned in the program). There is no mandatory assessment involved.
LIMITED END USER LICENSE
The User acknowledges and undertakes that the Service Provider grants a non-exclusive, non-transferable, limited right to access, use and display the online products (the “Program/Course”), provided that User shall comply fully with this Agreement. The Program is only for User’s personal and non-commercial use. Each license is for use by one individual. Each additional user requires a separate license.
User is under legal obligation to not share, give or sell your password or username to any other person or company.
COPYRIGHTS AND TRADEMARKS
The User acknowledge that all materials on the Website and on Printed Publication, including but not limited to text, images, code, software, audio, video clips, design, compilation, “look and feel” of the Website, all Programs, and other material and fee-based services (collectively, the “Materials”) are owned or controlled by Service Provider or its licensors, which retains all right, title, and interest in and to the Materials. The Website and Materials are protected by the copyright and trademark laws of the India and other countries, international conventions, and other applicable laws.
User shall not download, display, record, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Website or any portion thereof for any public or commercial use without the express written permission of Service Provider.
User agrees not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and User agree not to impede or interfere with others’ use of the Website.
Other than connecting to Service Provider’s servers by http requests using a Web browser, User may not attempt to gain access by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
User acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The User acknowledges and undertakes that the Useris using the Website and the Course at his/her own risk. The Website, including but not limited to the content, software, functions, fee-based services, materials and information made available thereon or accessed by means thereof, is provided AS IS, without warranties of any kind, either expressed or implied, including, but not limited to, any reliability, accuracy, merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, non-infringement, or any other warranty, guarantee, condition or representation whether oral, in writing, or in electronic form, including but not limited to accuracy or completeness of any information contained therein or provided by the Website. To the fullest extent permissible by law, Service Provider, its affiliates and licensors make no warranties and shall not be liable for the use of this site under any circumstances, including but not limited to negligence by Service Provider. Service Provider does not warrant that the functions contained in the site or the services, fee-based or otherwise, will be uninterrupted or error-free, that defects will be corrected, that the site or fee-based services will meet any particular criteria of performance or quality, or that the site, including forums or the server(s) on which the site is operated, are free of viruses or other harmful components.
The User assume and undertakes full responsibility and risk of loss resulting from downloading, accessing or use of files, information, communications, content, or other material (including without limitation software) accessed through or obtained by means of the Website used by the User. Under no circumstances shall Service Provider, its affiliates and licensors, or any provider of telecommunications or network services for Service Provider or the affiliates, be liable for any indirect, punitive, special, or consequential damages that are directly or indirectly related to the use of, or the inability to use, the site or fee-based services, even if Service Provider, its affiliates, licensors, or their providers of telecommunications or network services has been advised of the possibility of such damages. The total liability of Service Provider, its affiliates and licensors hereunder is limited to the amount, if any, actually paid by you for access and use of the fee-based services. You hereby agree to release Service Provider, its affiliates and licensors, and each of their respective directors, officers, representatives, volunteers and agents from claims and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with User’s use of the Website and Courses. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to such Users.
MEDICATION INFORMATION DISCLAIMER
All Programs, Products, or Services offered by Service Provider, are not substitutes for medical care and offer no guarantees of any kind. The information on the Website (or as otherwise provided by Service Provider) is provided for educational purposes only, and is in no way intended to diagnose, cure, or treat any medical or other condition. Always seek the advice of your physician or other qualified health provider prior to starting any yoga program or making changes to your diet. In addition to all other limitations and disclaimers in this agreement, Service Provider and its licensors disclaim any liability or loss in connection with the content provided on the Website.
SINGLE USER
Each assigned user name for Service Provider’s online service is to be used solely by the individual to which it was issued.
PAYMENT
The User agree to pay, using the credit information as provided by the User to us, the charges incurred on User’s account in order to access any fee-based services to which User have purchased.
TERMINATION
Service Provider reserves the right to restrict, suspend or terminate User’s access to its services, fee-based or otherwise, in whole or in part, with respect to any breach or suspended breach of any portion of this Agreement. In the event of such a termination, there will be no refunds for unused time or course or course material under the terms of User’s license. Service Provider reserves the right to refuse to provide services to such Users in the future.
REFUND/CANCELLATION POLICY
Refer “ANNEXURE B”, attached herein with this agreement, for refund/cancellation policy.
ATTENDENCE
One must attend all sessions to complete the program. If User miss a session, he/she may not be allowed to continue with the program.
In addition to all other limitations and disclaimers in this agreement, Service Provider and its licensors disclaim any liability or loss in connection with the content provided on the Website.
MODIFICATION OF THE WEBSITE
Service Provider may modify the Website in any way atany time. Service Provider may impose limits on any Website features and/or services or restrict User’s access to parts or all of the Website without notice or liability
GOVERNING LAW, DISPUTE RESOLUTION
Any claim, dispute or difference relating to or arising out of this Agreement shall be referred to the arbitration, of a sole arbitrator. The arbitration shall be subject to the Arbitration and Conciliation Act, 2019 as may be amended from time to time. The seat and venue of arbitration shall be Jodhpur (Rajasthan).The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.
MISCELLANEOUS
- The User understands that any act of deficiency, failure and / or omission on the part of User, of the above terms and conditions shall be treated as condition of default and shall be a breach of the agreement.
- The User irrevocably and absolutely agrees to indemnify the service provider from any loss / losses incurred in any manner whatsoever due to any action and / or omission of the User or in the event of any default or breach of the contract on the part of the User.
