PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE AND/OR PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS
Aapya Living Health and Lifestyle Technology Private Limited (including its affiliates) (“Company”, “We” or “Us” and their connotations) operates a website (URL:www.aapyaliving.com) and mobile/tablet application (together called as “Platform”) which is engaged in the service of online training and communication on various topics for adults.
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Platform or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services or availing any promotional offer, you may be subject to additional terms and conditions, posted guidelines or rules, as may be applicable to such services and offers. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.
1. Terms of Service
By choosing to visit the Platform and/or avail any Services provided by Company, you agree to be bound by these Terms. Please read the following information carefully. By your continued access or use of the Platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and stop accessing the Services.]
2. Description of Services
The Company facilitates online training and communication services to adults on various topics. The concept is to create a virtual community, which helps the adults to interact and learn without any restrictions on time and place on their topic of interest
3. User ID and Password
In order to access the Company’s Platform and its services, You may have to create an account and disclose information including, but not limited to, Contact Details (i) name, phone number, e-mail ID, photograph, location and other contact information (ii) gender and other demographics (iii) birth date and year to validate the current age (iv) your email address. You must be at least 18 years old to register on the Platform. You acknowledge that your user ID and password (“Participant Account”) is for your exclusive use only. Use or sharing of your Participant Account with another user or person is not permitted and is cause for immediate blocking of your access to the Platform, the Services and the content provided by the Company and shall lead to termination of this Agreement without any notice. The Company will use your Contact Details to contact you and conduct actions necessary for completion of its Services.
You are solely responsible for maintaining the confidentiality of your Participant Account and for all activities that occur under it. You agree to immediately notify the Company if you become aware of or have reason to believe that there is any unauthorized use of your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with the Company in any investigation of such unauthorized uses. The Company shall not under any circumstances be held liable for any claims related to the use or misuse of your Participant Account due to the activities of any third party outside of your control or due to your failure to maintain the confidentiality and security of your Participant Account.
4. Free Classes
We may offer free classes to our new members so that you get an opportunity to experience the services provided by us. Multiple availment by the same individual either through his/her own account or through someone else’s accounts, email IDs and/or in any other manner whatsoever, without the prior written permission of the Company is not allowed and shall amount to a breach of the present Terms.
5. Company Material, Modules and Curriculum
The Company shall also grant you access to its material, content, curriculum, documents and other information and data (“Curriculum”) which may be in video, audio, written, graphic, recorded, photographic, or any other format in relation to the modules for which you have registered for. The Company reserves the right to amend, revise or update the Curriculum at any time.
6. Use of the Platform by Applicants and Instructors
Applicants interested in training on the Platform may apply to do so by providing their full name, mobile number, and email address. A member of our team may reach out to you on your registered contact details and conduct an evaluation. If the Applicant is chosen, then she/he may be onboarded as an Instructor on the Platform. Please note, your application on the Platform does not guarantee your selection as an Instructor.
You acknowledge and understand that Users may leave ratings and reviews of your classes and that we are not responsible for these ratings and reviews.
7. License to Use
The Company hereby grants You, the limited, non-transferable, non-exclusive, and revocable license to access, view and use the Platform only for the purposes of accessing, viewing, posting or submitting user material, using the embedded link function, placing store orders or for accessing information, applications and services. The Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Platform. This license is limited to personal and non-commercial uses by You. Any rights not expressly granted to You herein are reserved to Company.
You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Curriculum, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the limited purpose mentioned above, without the Company’s prior written consent.
8. Intellectual Property Rights
You acknowledge that the Company is the sole and exclusive owner of the Platform, the services provided by the Company, the curriculum, and its content and as such the Company is vested with all the Intellectual Property Rights and other proprietary rights in the Platform, the Services, content and the curriculum. Further, you agree and acknowledge that:
The Company shall have the right to record the classes, discussions, processes, events, conversations, feedback, pertaining to the participation of the Users in the courses, offered in online or any other format.
The Company shall have an exclusive right including in the nature of intellectual properties throughout the world to use, publish, display, exhibit, transmit, broadcast, disseminate, market, advertise, license, transfer, modify, and create derivative works from such recorded contents mentioned hereinabove, for any purpose whatsoever, through various medium including but not limited to social media, webpages, electronic or print media, news articles, blogs etc.
You agree and acknowledge that the Company may from time-to-time conduct events, contests, championships, webinars/seminars, and award ceremonies, as it may deem fit (“Events”) on or in connection with its courses which shall be the exclusive property of the Company. Further, the Company may from time-to-time (during Events or otherwise), create/record and upload/disseminate videos, audios/sound recordings, voice, image, achievements, testimonials, narratives, success stories, content and other materials pertaining to Users experiences at the Platform (Success Stories), on the Platform or any other websites or related pages or any other social media platforms in, on or in connection with its courses or its success which shall be the exclusive property of the Company.
You agree that you shall be solely responsible for any participation in/submissions of entries/applications (as the case may be) to the Events, including its authenticity, originality and genuineness. Any responsibility for any claims, objections, and/or issues raised regarding such authenticity, originality or legality including by any third party shall be solely yours. You release the Company from any claim arising out of the use of Event related content including through its publication, exhibition, transmission, broadcast, dissemination or advertisement in any form or mode.
You unconditionally, irrevocably release the Company from any claim arising out of the usage of Success Stories, class interactions or publications of Events, by Company through various means, including advertising or publication in any form or mode.
You agree that the Company shall have no obligation towards User and shall not be held responsible with respect to any advertising or promotional material which the Company may create and disseminate based upon live class interactions or Success Stories.
You agree that you shall not be entitled to any compensation or other rights or benefits against such promotional usage by the Company.
Additionally, the Company also retains all rights (including copyrights, trademarks, patents, designs, logos, trade-dress, trade-secrets, know-how as well as any other intellectual property right) in relation to all information provided on or via this Platform, including but not limited to all texts, graphics, photos, illustrations, apps and logos except the content, reading material, curriculum, tests and exercises made available to you from any platform Company may partner with/be licensed by, from time to time. You shall not copy, download, publish, distribute or reproduce any of the information contained on this Platform or social media in any form without the prior written consent of the Company.
The Company retains all the rights in the video recordings, sound/audio recordings, images, photos, pictures/ images clicked during the classes, lectures delivered by the Company’s tutors, text and other material posted on the Platform and shall be the sole owner of the same. You undertake that you shall not record, make videos or sound/ audio recordings, take screen shots, click pictures and shall not download, publish, transmit, display, reproduce, transmit, distribute, post, share or make copies of any of the classes/ lectures that are conducted by the Company (including the trial classes), video recordings, sound/audio recordings, images, photos, pictures/ images, text or other material, whether in full or in part, unless you obtain prior written approval from the Company. Any recordings, videos, sound/audio recordings, screen shots, pictures, images, material or content which is obtained in any manner without the prior written consent of the Company shall amount to breach of the instant terms and conditions and you shall be solely liable for the said breach under the applicable laws. All other rights are reserved.
9. Use of the Platform
You expressly acknowledge and undertake that:
- You are competent and have all the necessary legal rights to enter into this agreement 10. Payment and Refund
The Platform is a paid service and the payments made by You shall be according to the plans opted by You through the Platform. You explicitly agree to pay the fees for the courses/ plans that you purchase, and you authorize the Company to charge you as per the applicable payment mode opted by you. All payments shall be through the payment mechanism put in place by the Company and You shall be responsible for paying all fees and applicable taxes in a timely manner as per the mechanism associated with the Plan availed by You. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, EMI Payment, Online Bank Transfer and Wallet Payment. With reference to Section 10, the payment gateway mechanisms are governed by the terms and conditions of the third-party providers as listed on the Platform and the User agrees to be bound by those terms.
Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Us.
We reserve the right to change any fees at any time at our sole discretion and any change, update, or modification in the fee shall become effective immediately upon the same being posted/uploaded or notified on our website.
You may establish a link to one or more site(s), provided that:
- the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
- such linking is not for advertising or promotional purposes (unless We have expressly agreed to it);
- the link is not from any website which promotes any political or religious views, or promotes or depicts intolerance, hatred, discrimination, violence, pornography or illegal activity;
- the link does not falsely or misleadingly imply or suggest that We endorse, approve of or are associated with the linked website, its web pages or any of its contents; and
- framing of any site on any other website is not allowed and You must not provide access to the site or part of it under any other URL.
The Company may withdraw your right to link to any site without notice and at any time (acting in our sole discretion).
Where any site and/or application contain links to other websites, web pages, resources, or mobile services which are proprietary to third-parties, other users, advertisers or sponsors, such websites, web pages, resources and mobile services are provided for your information only and You access them at your own risk. The Company will not be held liable or responsible for the content or operation of third-party websites, web pages, resources or mobile services.
11. Third Party Services
12. Third Party Permission
The Company has subscribed to various third-party service providers and you agree and acknowledge that, while accepting these terms, you explicitly grant permission to these service providers to use your information.
We do not disclose Personal Data to third parties for the purpose of allowing them to send marketing material to you. However, we may share non-personal, de-identified or aggregated information with select third parties for research, development, analytics or promotional purposes other than direct marketing.
In some cases, the organisations that we may disclose your personal information to may be based outside the location where the information is collected. Where we do this, we require these parties to take appropriate measures to protect that information and to restrict how they can use that information.
In the event of any dispute between the third party and you the company shall not be held liable in any matter whatsoever.
13 User Content
The Company offers You the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information.
The Company may remove content at its discretion, subject only to its express obligations in respect of peer-reviewed articles.
You warrant and represent that your content during the provision of Services by the Company using any third-party platform and/or published outside of the Platform, and the content of any website from which You include a link to any site, or to which You post a link from a site, will not be inappropriate. Without limitation, content (and the content of third-party websites) may be considered inappropriate if:
- it is misleading in any way, and/or it gives a false impression as to its origins or approvals;
- it is defamatory, plagiarized (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence;
- it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by You;
- it prejudices any active or pending legal proceedings of which You are aware;
- it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
- it infringes any intellectual property rights proprietary to the Company or any third party;
- it is technically harmful (including content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm the Company or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
- it advertises or promotes any product or service or makes any requests for donations or financial support;
- it is spam or junk content;
- it impersonates another person or otherwise misrepresents your identity, affiliation or status;
- it would be considered a criminal or statutory offense in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
- it is in breach of these Terms and/or of any Additional Terms.
You hereby explicitly consent and grant permission to the Company to record, make videos, audio/sound recordings, take screenshots during the classes/ lectures that are conducted by the Company on its Platform to the extent required to improve the services offered by the Company.
All rights, ownership, and intellectual property in the ‘User Content’ created by you on or by using the Platform, during the period of the classes or the course, shall vest in the Company. You hereby explicitly consent and transfer all such rights, ownership, and intellectual property in the ‘User Content’ to the Company for a worldwide, royalty-free, and perpetual use. The Company shall have the sole and exclusive right to use, copy, modify, adapt, prepare derivative works from, distribute, perform, publish, post and display any/all such ‘User Content’.
You undertake to use the Company’s platform, any third party platform and content Company may provide access to in rendering of its Services and respective intellectual properties only for the purposes envisaged in the instant terms and shall not use the same for any unauthorized or unlawful purpose. Should you use the Platform, third party platform/content and/or associated intellectual properties for any purpose other than expressly permitted, then you will be solely responsible to obtain all necessary permissions, authorizations and licenses from the said third party. In the event you use the Platform, third party platform/content and/or associated intellectual properties beyond the limited rights granted to you under the corresponding terms, then you shall be solely responsible for the same and shall indemnify the Company for all losses, claims and damages in this regard.
The Company will not be held responsible or liable for any of the User Content provided, published or disseminated by You on the Platform or any other website. You must not attempt to avoid or undermine any protections that the Company may put in place for the security and operation of its Platform or any other website. You shall indemnify the Company for all losses, claims and damages in this regard.
You will be solely responsible to ensure that any content or intellectual property created you shall not contain any bugs, virus and malware or infringe any third party’s intellectual property rights or violate any applicable laws (including data protection and privacy laws) in any manner.
By uploading, submitting, creating, or publishing your User Content to or through the Services, you represent, and warrant that:
- you are the creator and owner of your User Content and that you have the authority to use or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit
- your User Content does not and will not
- infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
- slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person
- your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
14. Intended Purpose of Use
Any and/or all projects built using the Company platform by the users during the period of their permitted use of the platform are solely intended to be meant for training and awareness purposes as part of the users training program, and hence the same are expected to have limited functionality and use and are thus not fit to be used commercially or to be adopted for any use as opposed to the intended use prescribed in these terms.
15. Fitness of Use
Any and/or all projects built using the Company platform by the users during the period of their permitted use of the platform are solely meant for training and awareness purposes as part of the users training program, and hence the same are expected to have limited functionality and use and are thus not fit to be used commercially or to be adopted for any use as opposed to the intended use prescribed in these terms.
16. Rule of Conduct
Users must comply with the laws that apply to You in the location that You access Company’s Services from. If any laws applicable to You restrict or prohibit You from using Services of Company, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of Company. You promise that all the information You provide to Company on accessing and/or using the Services of Company is and shall remain true, accurate and complete at all times.
Notwithstanding any other provision of these Terms You agree and undertake not to:
- Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
- Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
- Create software which mimics any data or functionality in the Service;
- Use or deal in the Service except as permitted by these Terms;
- Include contact details intended to enable communication outside of the Service, in any Communication;
- Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
- Make any public, business or commercial use of the Service or any part of them;
- Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without prior written permission of Company;
- Make the Service or any part of it available to any third party (please note this does not stop you from fairly and honestly providing links to the Platform, or showing either to other people);
- Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or
- Delete or obscure any copyright or other proprietary notice on the Service.
The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users.
17. Limited Liability
You are held personally liable for any violation of a third party’s rights by You.
Company ensures that the information and the training facilitated by the tutors on the Platform is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose.
In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the Platform or any content provided on or through the Platform.
The Company facilitates training on an “as is” basis and is liable only to provide its services with reasonable skill and care.
The Company’s liability for any and all claims in the aggregate, arising out of or related to your use of the Platform, shall not under any circumstances exceed the amounts actually paid by You to the Company for its Services.
External Sites have not been verified or reviewed by Company and all use and access of External Sites is made at your own risk. “External Sites“ means third party websites and online services to which the Service links. The Company gives no other warranty in connection with the Service and to the maximum extent permitted by law, Company excludes liability for:
- any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Company have been made aware of;
- the accuracy, currency or validity of information and material contained within any communications or the Service;
- any interruptions to or delays in updating the Service;
- any incorrect or inaccurate information on the Service;
- the infringement by any person of any copyright or other intellectual property rights of any third party through any communication or use of the Service;
- the availability, quality, content or nature of External Sites;
- any transaction involving External Sites;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Service, or any Communication (save that, where digital content supplied to You by Company or on behalf of Company through the Service causes damage to your digital content or devices You may be entitled to compensation or repair or replacement, in which case kindly inform to Company); and
- all representations, warranties, conditions and other terms and conditions which but for this notice would have an effect
The Company does not warrant that the operation of the Service will be uninterrupted or error- free. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of Company including Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
You agree that in relation to your use of the Service You will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call Company or the Service into disrepute. You agree that You are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.
No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. Users will be informed of any amendments to the general Terms via the Platform or via notice by email or in writing.
Without limiting any other rights that Company may have, Company may remove, restrict, cancel or suspend access to and/or use of the Platform, Services provided by the Company and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms.
You may also terminate your agreement with the Company by ceasing to access the Platform, Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
Any rights and licenses granted hereunder shall not be transferred or assigned by you but, shall be assigned by the Company at its sole discretion. Any attempted transfer or assignment by you in violation hereof shall be considered as null and void.
No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
22. Governing Laws and Jurisdiction
Any dispute or difference either in interpretation or otherwise, of the Terms and other Policies on the Platform, between the parties hereto, shall be referred to an independent arbitrator who will be appointed mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The seat of arbitration shall be Mumbai and the language shall be English.
The Terms shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts in Gurugram shall have exclusive jurisdiction.
Without any prejudice to particulars listed in Section 23 above, the Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
The foregoing paragraphs in this section 23, shall not override and shall be without prejudice to any rights you have as a consumer under your local laws.
23. Entire Agreement
If you have any questions about these Terms, please contact us by email on the following address:
Name: Aapya Living Health and Lifestyle Technology Private Limited
E-mail id: [email protected]
Throughout this document, the terms “we”, “us”, “our”, “ours” & “Aapya” refer to Aapya Living Health and Lifestyle Technology Private Limited (including its affiliates). And the terms “you”, “your” “yours” refer to You (as the User of the Platform). Users also include all persons who access, browse, or sign up on the Platform for applying to train on the Platform (“Applicant(s)”) and those selected to train on the Platform (“Instructor(s)”).
1. Personal Data
‘Personal Data’ means any information that may be used to identify an individual, directly or indirectly, in particular by reference to an identifier, including not limited to, a first and last name, physical address, email address, online identifier or other contact information and/or identity proof documents.
2. What Personal Data do we Collect & Process?
Categories of Personal Data that we collect and process are as follows:
- From you we collect demographic & identity data (name, email address, contact number, photograph, location, age, interest area), gender, occupation, interests, birth date and year to validate age.
- You may also choose to provide Personal Data about themselves in the content they post on our website. However, as outlined above, we require and have safeguards in place to ensure that you first consent to our collection and use of this Personal Data.
- From you we collect financial Data (for e.g., account, payment details, invoice details)
- Online Identifiers and other technical Data (for e.g. IP address, transaction logs, device details)
- Online training sessions are recorded and used for sharing with you and quality audits and Instructor training
- Projects, quizzes, activities, performance completed as part of our programs.
- If you are an Applicant on the Platform, we collect your name, mobile number, and email address. If you are selected as Instructor, we also collect your demographic data (e.g., photo, location, gender), government identifications, financial data (e.g., bank account, wallet, or other payment details), and educational qualifications.
3. Where do we obtain your Personal Data from?
Most of the Personal Data we process is provided by you directly to us when you (i) register to use our products and/or services including the registration; or (ii) when you apply to train as an Instructor. This also includes the Personal Data collected automatically and in the background by us when you use our website and application(s). Certain information might be collected automatically as you navigate through the Platform (which may include usage details, IP address, device ID and type, your browser type and language, the operating system used by the device, access times, and information collected through cookies, web beacons and other tracking technologies).
We may also receive Personal Data about you from publicly available sources of information.
4. How do we use your Personal Data?
- To verify your identity
- To deliver our products and services
- To improve our products and services
- If you are an Applicant, to initiate and conduct the process of evaluating your application to train on the Platform
- If you are onboarded as an Instructor, for background checks and making payments to you
- To perform quality audits and Instructor training
- To communicate with you regarding existing products and services availed by you, including notifications of any alerts or updates or surveys
- To evaluate, develop and improve our products and services
- For market and product analysis and market research
- To send you information about our other products or services which may be of interest to you (you may always opt out of such communications by clicking an “Unsubscribe” link in the footer of each email)
- To handle enquiries and complaints
- To enable you to avail of our Services, and ensure efficient customer care experience and develop new features
- To comply with legal or regulatory requirements
- To investigate, prevent, or take action regarding illegal activities, suspected fraud and situations involving potential threats to the safety of any person
- To furnish your information to service partners and providers only to the extent necessary for delivering the relevant services (e.g. scheduling service and maintenance, providing emergency assistance);
- to publicize, post and display the projects, achievements created by you on our website or related pages or any other social media platforms along with your personal information in accordance with applicable laws;
- Please note that we may also monitor your computer’s random-access memory for the purpose of identifying any unauthorised actions to bypass servers and/or use third party software to modify any aspect of the Service.
We reserve the right and you expressly consent to us recording the classes, discussions, processes, events, conversations, feedback, pertaining to our courses, offered online or any other format. Please visit our Terms and Conditions for more details.
6. Lawful Bases of processing your Personal Data
We process your Personal Data by relying on one or more of the following lawful bases:
- You have explicitly agreed to/consented to us processing your Personal Data for a specific reason. This includes, without limitation, any information that you have made public through your social media account, information that the social media service shares with us or information that is disclosed during the sign-up and sign-in processes.
- The processing is necessary for the performance of the contract we have with you or to take steps to enter into a contract with you
- The processing is necessary for compliance with a legal obligation we have
- Where we are able to rely on specific legal provisions
Where the processing is based on your consent, you have the right to withdraw your consent at any point in time. Please note that should the withdrawal of consent result in us not being able to continue offering our products and services to you, we reserve the right to withdraw or cease our products and services to you upon your consent withdrawal.
7. When do we share your Personal Data with third parties?
We may use third parties in the provision of our products and services to you. You consent to us sharing your Personal Data with such third parties. We have appropriate contracts in place with all such third parties. This means that they are not permitted to do anything with your Personal Data which is outside of the scope specified by us. They are committed to hold your Personal Data securely and retain it only for the period specified in our contracts with them
- Reasons for sharing your Personal Data with third parties: We may disclose your Personal Data to third parties only where it is lawful to do so. This includes instances where we or they:
- need to provide you with products or services
- have asked you for your consent to share it, and you have agreed
- have a legal obligation to do so. For e.g., to assist with detecting and preventing fraud
- have a requirement in connection with regulatory reporting, litigation or asserting or defending legal rights and interests
- We may also disclose your Personal Data (and you consent to us so doing) to appropriate authorities if we believe that it is reasonably necessary to comply with a law, regulation, legal process; protect the safety of any person; address fraud, security, or technical issues; or protect our rights or the rights of those who use our products & services.
- With whom your Personal Data may be shared:
We may disclose your Personal Data to the following third parties:
- who work for us or provide services or products to us
- law enforcement authorities, government authorities, courts, dispute resolution bodies, regulators, auditors and any party appointed or requested by applicable regulators to carry out investigations or audits of our activities
- statutory and regulatory bodies, authorities (including the government) investigating agencies and entities or persons, to whom or before whom it is mandatory to disclose Personal Data as per the applicable law, courts, judicial and quasi-judicial authorities and tribunals, arbitrators and arbitration tribunals.
- Online training sessions are recorded and used for quality audits and training. You consent to us recording such online training sessions. We maintain complete confidentiality of the recordings and under no circumstances they will be accessible to or shared with any third party
- We may disclose an Instructor’s Personal Data to users enrolled on the Platform and their parents, for them to know their qualifications and contact information.
Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information about your actions to the owners of the website.
Most web browsers allow you some control of cookies through browser settings. We offer certain features that are only available using a cookie.
Outlined below are the categories of cookies along with a description of what they are used for.
- Strictly Necessary Cookies – These cookies are needed to run our website, to keep it secure and to comply with regulations that apply to us.
- Functional Cookies – We may use functional cookies on our website. These cookies allow us to remember information you enter or choices you make (such as your username, language, or your region) and provide you with enhanced, more personalised features.
- Performance/Analytics Cookies – We may use performance/analytics cookies on our website. These cookies collect information about how visitors use our website and services, including which pages visitors go to most often and if they receive error messages from certain pages. It is used to improve how our website functions and performs.
- Marketing Cookies – We may use marketing cookies on our website. These cookies help us decide which of our products, services and offers may be relevant for you. We may use this data to tailor the marketing and ads you see on our own and other websites and mobile apps, including social media. For instance, you may see our ads on other sites after you have been to our website.
9. How do we secure your Personal Data?
We are committed to protecting your Personal Data in our custody. We take reasonable steps to ensure appropriate physical, technical and managerial safeguards are in place to protect Personal Data from unauthorized access, alteration, transmission and deletion. We ensure that the third parties who provide services to us under appropriate contracts take appropriate security measures to protect Personal Data in line with our policies.
10. How long do we keep your Personal Data?
We keep the Personal Data we collect about you for as long as it is required for the purposes set out in this Privacy Notice and for legal or regulatory reasons or as otherwise communicated to you.
Please note that we may, from time to time, engage an overseas recipient to provide services to us, such as cloud-based storage solutions. While the use of overseas service providers to store Personal Information will not always involve a disclosure of Personal Information to that overseas provider, we may be required to store such information on overseas servers.
11. No Sale of Personal Data
We shall not sell any Personal Data of yours for the purpose of marketing, advertising, or any other third-party use, except in accordance with express consent obtained from you.
12. Data Security
We always strive to keep your Personal Data safe.
The security of your Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
13. Links to other Websites
Our website may contain links to websites of other organizations. This privacy notice does not cover how those organizations process your Personal Data. We encourage you to read the privacy notices on the other websites you visit.
14. Third Party Permission
We disclose Personal Data to third party service providers to enable us to offer our services to you and while accepting these terms, you explicitly grant permission to these service providers to use your Personal Data
We do not disclose Personal Data to third parties for the purpose of allowing them to send marketing material to you. However, we may share non-personal, de-identified or aggregated information with select third parties for research, development, analytics or promotional purposes other than direct marketing.
In some cases, the organisations that we may disclose your personal information to may be based outside the location where the information is collected. Where we do this, we require these parties to take appropriate measures to protect that information and to restrict how they can use that information. To the greatest extent permitted by applicable law, you agree and consent to your Personal Data being transferred, stored and hosted (either by us or third parties) outside of the country from which you may be accessing our services and may be transferred (whether to us or third parties) to countries which do not have data protection laws or to countries where your privacy and other fundamental rights will not be protected extensively. These and all other transmissions will remain secure in accordance with the terms of this policy.
In the event of any dispute between the third party and you the company shall not be held liable in any matter whatsoever.
15. User Communication
You hereby explicitly consent to receive email, telephone, WhatsApp or text messages from us, our subsidiaries, associates, or affiliates, for the purpose of providing alerts and information related to services. Further, you understand and agree that we and our subsidiaries, associates and affiliates at their sole discretion and without any obligation to disclose or inform you or anyone, may decide whether any of our information, offerings and promotions of our subsidiaries’, associates’, or affiliates’ is an update or upgrade to any goods or services being availed or having availed by you from us.
16. Notification of changes