a. Welcome to our website.
b. These Terms and Conditions (“Agreement”) govern the use of the website and the services provided on the website www.vibgyorhigh.com (“website”) (“Services”) and form the entire agreement and understanding between the entities who visit / browse through the website or subscribe to the Services (“User” / “you”) and Vibgyor (“Vibgyor” / “us” / “we”).
c. Please read this Agreement and its terms and conditions carefully before using the website or the Services there under. By continuing to browse and use this website and / or by subscribing to the Services provided on the website you are agreeing to comply with and be bound by the terms of this Agreement which govern Vibgyor’s relationship with you in relation to your visit / browsing this website and the Services which you purchase / order / procure through this website. If you disagree with any part of the terms under this Agreement then you may not access the website and / or the Services.
d. Vibgyor may in its sole discretion change, alter or modify this Agreement at any time without notice to anyone. Such changes, alterations or modifications shall be made effective for all users upon posting of the modified Agreement on this website and you are responsible to read this Agreement from time to time to ensure that your use of the Services remains in compliance with this Agreement.
Vibgyor offers the following Services, which may be modified from time to time:
To provide the highest quality of education in a safe, secure and nurturing environment; to help our students develop into progressive thinkers and lifelong bearers of skills that will prepare them for the challenges of a dynamically changing world.
3. OTHER TERMS
a. The content of the pages of this website and the Services are owned by us and not open for free use.
b. User’s use of any information or materials on this website or the Services is entirely at the User’s own risk, for which we shall not be liable. It shall be the User’s own decision and responsibility to ensure that any Services availed through this website meet the User’s specific requirements.
c. This website contains details of Services whose material is owned by or licensed to us.
d. The information on this website is provided on an “as is” basis. We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability relating to the website or of the information and materials found or offered under the website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies, omissions or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
e. Unauthorized use of data on this website including the Services may give rise to a claim for damages and/or be considered, treated and dealt with as a criminal offence.
f. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
g. You may not create a link to this website from another website or document without Vibgyor’s prior written consent.
4. PERSONAL, NON-EXCLUSIVE, NON-ASSIGNABLE AND NON-TRANSFERABLE RIGHT
a. Vibgyor hereby grants to the User a personal, non-exclusive, non-assignable and non-transferable right to access the Services of Vibgyor solely for personal use of the User. The User cannot grant access to the techniques and practices associated with Vibgyor Services and offerings or any rights therein to any third party. Further, the User gives an unconditional undertaking to Vibgyor that it shall not otherwise use or exploit Vibgyor’s offering for any use or purpose except as expressly set forth herein.
b. Your use of our Services provided for herein is solely for your personal use. Any use of Vibgyor’s offerings other than the specified personal purposes is prohibited. Your personal use shall be subjected to the conditions and restrictions laid down by Vibgyor from time to time as set forth in this Agreement.
5. INTELLECTUAL PROPERTY RIGHTS
a. Vibgyor is the sole and exclusive owner and retains all title, copyright and other proprietary rights in its offerings of all the material and content on this website. Any developments in any offering of Vibgyor including without limitation inventions, design, layout, images, documents, files, trade secrets, photographs, content, graphics, sound, videos, trade-dress, trademarks, patents, inventions, copyright (“Vibgyor Content”) is the sole and exclusive property of Vibgyor and is protected by all the applicable laws, including without limitation copyright, trademark, trade-names, patents, designs, internet domain names, data protection, IT Act, privacy and publicity rights and other rights and statutes. Use of any Vibgyor Content without the prior express written permission of Vibgyor is strictly prohibited. All rights, title, ownership, intellectual property rights and proprietary rights in the Vibgyor Content shall always remain with Vibgyor and shall not pass on to the User or any third party at any time.
b. All information, content and material, including the software, text, images, graphics, video and audio and the offerings and Services are property of Vibgyor. All intellectual property rights including but not limited to trademarks, service marks, trade names displayed on this website or under the Services are proprietary to Vibgyor. No information, content or material under the Services may be copied, downloaded, reproduced, modified, republished, uploaded, posted, shared, disseminated, transmitted or distributed in any way without obtaining prior written permission from Vibgyor and nothing shared shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to Vibgyor to the User.
c. The User does not acquire any rights, express or implied other than those specified in this Agreement. The User agrees to secure and protect access and usage of Vibgyor’s offerings and rights therein. Violation of Vibgyor’s intellectual property rights shall be the basis for immediate termination of the Services, which shall be in addition to and not in lieu of any remedies available to Vibgyor under law.
d. Upon knowledge of any unauthorized possession, use of, or access to, Vibgyor’s offerings, the User shall promptly notify Vibgyor and furnish Vibgyor with full details of the issue, assist in preventing any recurrence thereof and cooperate in any litigation or other proceedings necessary to protect the rights of Vibgyor.
e. The User shall make all efforts to protect the Intellectual Property Rights of Vibgyor and in connection with the execution and performance under this Agreement, the User shall not infringe any patent, copyright, trade secret, trademark, work right or any other proprietary right of Vibgyor.
f. All intellectual property rights reproduced in this website which are not the property of or licensed to us are acknowledged.
6. CONFIDENTIAL INFORMATION
a. All information on this website including all information provided under the Services are the proprietary and confidential information belonging to Vibgyor (“Confidential Information”).
b. The User agrees that at all times the User shall not disclose, divulge, disseminate to and/or share with any third party the Confidential Information.
c. The User agrees that User shall not duplicate, reproduce, divulge, share, disseminate, transmit, create derivative works or distribute any such Confidential Information.
d. The secrecy of the Confidential Information disclosed pursuant to this Agreement shall survive the termination of this Agreement.
e. The User agrees that through this Services offerings, the User will have access to and becomes acquainted with the Confidential and proprietary information of Vibgyor and that the unauthorized use or disclosure and any breach of these terms and conditions would cause irreparable harm injury, loss, prejudice and damage, the extent of which would be impossible to ascertain and for which monetary damages would not be adequate remedy. Accordingly, the User agrees that, in addition to any and all legal remedies available to Vibgyor for the User’s breach of these terms and conditions, Vibgyor shall be entitled to injunctive and other equitable relief.
7. REMEDY FOR BREACH
In the event of breach of the terms and conditions of this Agreement the User shall be promptly liable to indemnify and reimburse /refund Vibgyor for all the costs, losses and damages caused to Vibgyor as a result of such a breach.
In the event of the User’s breach of this Agreement, the User agrees that Vibgyor will be irreparably harmed and will not have an adequate remedy in money or damages. Vibgyor therefore, shall be entitled in such an event to obtain an injunction against such a breach from any court of competent jurisdiction immediately. Vibgyor’s right to obtain such relief shall not limit its right to pursue other remedies.
a. The User shall defend, indemnify and hold Vibgyor and its parents, subsidiaries and commonly owned or controlled affiliates, group entities and their respective officers, directors and employees harmless from all claims, damages, liabilities and expenses (including reasonable attorney’s fees and permitted and authorized costs) arising out of or in connection with liabilities or obligations imposed or attempted to be imposed upon Vibgyor by breach of this Agreement or as a result of claims by third parties. Such indemnification is in addition to Vibgyor’s right to terminate for a breach of representations and warranties and is not a waiver or limitation of Vibgyor’s other rights or remedies.
b. Vibgyor does not make any warranties express or implied of its Services, offerings, delivery systems, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Vibgyor shall not be liable to the user for any punitive, special, indirect, consequential, incidental or other special damages, costs, claims or losses arising out of this Agreement, even if Vibgyor has been advised of the possibility of such damages, costs, claims or losses.
c. You hereby agree to indemnify, defend, and hold Vibgyor, and its parents, subsidiaries and commonly owned or controlled affiliates, group entities and their respective officers, directors and employees harmless from and against any and all losses, damages, claims, liabilities and costs arising from your use of this website or the Services hereunder.
9. LIMITATION OF LIABILITY
In no event will Vibgyor be liable for damages of any kind, including without limitation, (1) direct, indirect, punitive, special, exemplary, incidental, or consequential damages (including loss of business, revenue, profits, use, data or other economic advantage, loss of programs or information), or (2) direct damages in excess of the amount paid to Vibgyor a rising out of the use of, misuse of or inability to use, or errors, omissions or other inaccuracies in the website or the Services, or any information provided on the website. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, in such instances, some of the above limitations may not apply to the specific User.
10. TERMINATION / CANCELLATION / REFUND POLICY
All purchases and payments made will be final and non-refundable, except where it is explicitly stated as a part of refund/ cancellation options offered for a specific offering. The User can evaluate before availing the Services from the website.
11. SUBSCRIBER RESPONSIBILITY
a. The User will be generating a unique User ID and password for the access of the website and the Services. The User agrees that it is the User’s responsibility to safeguard the User ID and password from any misuse including unauthorised usage.
b. The User is responsible for maintaining accurate information in the account linked to the User ID at all times.
Any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for us will be the address posted on the website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
14. CONSENT TO CONTACT/MARKET
By visiting / browsing our website and /or availing the Services, the User explicitly agrees and gives a free and unrestricted consent to Vibgyor to contact the User through all modes of communication including but not limited to sms, email, mobile, telephone, etc. to connect, call and to give notifications on various Services, updates, offerings, marketing of the Services that Vibgyor provides and for receiving feedback. Therefore, the User holds Vibgyor non liable to any liabilities including financial penalties, damages, expenses in case the Users mobile number is registered with the Do not Call (DNC) database.
15. FORCE MAJUERE
We will not be liable for any delay, interruption or failure in the provisioning of Services if caused by acts of God or other similar events beyond our control that may prevent or delay the providing of the Services.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under the Applicable Law but if any provision of this Agreement is prohibited or rendered invalid under the Applicable Law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement.
17. GOVERNING LAW
a. This Agreement and any other writing(s) relating to the transaction herein and executed by the Parties are and shall be governed by and construed in accordance with the laws of the Republic of India and the State of Maharashtra.
b. The appropriate Courts of Law at Mumbai alone shall have jurisdiction to entertain and try any matter arising out of this Agreement.
18. ADULT MAJOR
a. The User represents and warrants that the User is an adult as per law and above the age of 18 years. We do not enter into agreements and neither do we accept payments from persons who are not adult person /major as per the law.
No failure or delay by a party in the exercise of any right arising from this Agreement shall be regarded as a waiver thereof nor shall any single or partial exercise of any right preclude an additional or further exercise thereof or the exercise of any other right. To be effective, each waiver of any right herein must be in writing and signed by the party waiving its right and such waiver may be made subject to any conditions specified therein.
20. CONTACT US
In case of any query you may contact us at:
Mob :- +91 7566 171 801
Ph :- 022 3981 7070 (Ext. 7180)
21. ENTIRE AGREEMENT
This Agreement, as may be updated from time to time and posted on the website represents the complete agreement and understanding between us with respect to the browsing / usage of the website and/or the Services and supersedes any other written or oral agreement.