Privacy policy

TERMS OF USE POLICY

This TERMS OF USE POLICY is made by DJL Tutorials LLP, a registered Limited Liability Partnership, bearing LLPIN AAW-3122, having its registered office at Maharashtra, India conducting its business of providing an online learning service to students in cheaper and efficient way through its Website and App under the brand name “AbhyaSetu” (hereinafter referred to as “AbhyaSetu”). This document is an electronic record in terms of the Information Technology Act, 2000 and rules framed there under pertaining to electronic records as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published on the Website and/or App in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the Website and/or App.

Please read the following terms and conditions very carefully as your use of the Website and/or App and availing Services is subject to your acceptance of and compliance with the following terms and conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time (the “Terms and conditions”).

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE AND/OR APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS HEREIN, SO PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions of use of the Website and/or App, You also accept and agree that you have read, understood and are bound by these Terms and Conditions, regardless of how you subscribe to use the Services. If You do not want to be bound by the Terms and Conditions, You must not use the Website and/or App or the Services.

Definitions

“App” means a AbhyaSetu mobile application providing Services.

“Services” means providing service of chapter wise, topic wise, paid online learning facility as per structured curriculum syllabus prescribed for students of various courses through the use of Website and/or App.

“Terms of Use Policy” means and includes the Terms and conditions as well as Privacy Policy and Disclaimer available on the Website and/or App.

“Use” or “Using” means to access, view, download, copy, or otherwise benefit from using the Website and/or App.

“User” and/or “You”, means any person, who accesses or uses Website and/or App for his/her own purpose or on behalf of someone else.

“Website” means www.abhyasetu.com and all web-pages appearing, appended, available along with the Website.  

Terms and conditions

Use of Website and/or App

The Use of this Website and/or App is subject to the Terms and conditions. By accessing and browsing this Website and/or App, You unconditionally accept, without limitation or qualification, these Terms and conditions. This Website and/or App, is directed for use of students who may be below the age of 18 years in which case the consent by their parents/legal guardians is deemed to be obtained. User represent that the User possesses the legal right and ability to create binding obligations. AbhyaSetu reserves the right to refuse Service, or cancel registration in its sole discretion.

User is hereby allowed to use this Website and/or App subject to acceptance of the Terms of Use Policy available on the Website and/or App. AbhyaSetu retains the right to change the Terms of Use Policy from time to time and such modification shall be immediately applicable. Every time You use this Website and/or App, shall constitute your deemed acceptance to the latest version of the Terms of Use Policy. User conveys acceptance to Terms of Use Policy every time when the User uses this Website and/or App. User has discretion not to use this Website and/or App, so User’s use of this Website and/or App, despite having the right and power of not to use, is construed as User has accepted the Terms of Use Policy. AbhyaSetu reserves the right to store, evaluate, analyze, verify and authenticate the personal information and data provided by the User. Any person who accesses this Website and/or App is presumed to be legally capable of entering into a legal contract and has understood and voluntarily accepted the Terms of Use Policy.

AbhyaSetu shall have no responsibility for any loss or damage caused to You and/or your device or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of AbhyaSetu’s Services.

If You are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 You shall be eligible to register on the Website and/or App and all Services. If you are minor, un-discharged insolvent etc. You are not eligible to register for the Services. As a minor if You wish to use the Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor uses the Website and/or App and/or Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. AbhyaSetu will not be responsible for any consequence that arises as a result of misuse of any kind of AbhyaSetu’s Website and/or App and/or Services that may occur by virtue of any person including a minor registering for the Services. By using the Services You warrant that all the data provided by You is accurate and complete and that student using the Website and/or App has obtained the consent of parent/legal guardian (in case of minors). AbhyaSetu reserves the right to terminate Your subscription, account and / or refuse to provide You with access to the Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that AbhyaSetu does 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. 

Rules of Conduct

The Website and/or App is to be used solely for your non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. Use of the Website and/or App is subject to all applicable local, state, national laws and regulations wherever applicable. User shall not use, allow, or enable others to use the Website and/or App, or knowingly condone use of this Website and/or App by others, in any manner that is, attempts to, or is likely to:

  • Impersonate somebody that your real entity, fake identity or any combination of both or anything related to fake or improper impersonation
  • be ethically not acceptable, violates laws and regulations of any state, country
  • affect reputation of the Website and/or App or any other party in whatsoever manner
  • send or result in the transmission of SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” 
  • transmit, distribute or upload programs or materials that contain malicious code, such as viruses, timebombs, worms, trojan horses, spyware, or other potentially harmful programs or other material or information 
  • Upload/Posting any content on Website and/or App which is defamatory, or violating privacy or publicity rights, or contents showing or stating pornographic, discrimination on sex, religion, skin color, race, nationality or any other socially undesirable material
  • modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website and/or App 
  • Or any other usage in an inappropriate manner

Cookies

AbhyaSetu may place a text file called a “cookie” in the browser files of User’s computer and/or mobile. The cookie itself does not contain Personal Information; although it will enable the Website and/or App to relate use of the Website and/or App to information that User have specifically and knowingly provided to the Website and/or App. The Cookies enable AbhyaSetu to remember User’s choices and some data field contents which User would be required to fill-in.  

Advertisements / Link to Third Party Sites

AbhyaSetu may post advertisements or may provide links to third party websites and/or apps as provided by advertisers and/or third parties on the Website and/or App. These advertisers and/or third parties might set cookies on their websites. AbhyaSetu is not responsible for any activity performed by the User on the websites and/or apps of these advertisers and/or third parties. User on his/her entire risk and volition is advised to deal with the advertisers and/or third parties, if User intends to. By allowing such advertisements and/or links to third parties, AbhyaSetu does not recommend or market or warranty the advertisers’ and/or third parties’ quality, commitment, deliverables and fitness to consumption, reasonability and advertisers’ and/or third parties’ commitment to protect User’s Personal Information.  

Eligibility

To register as a member of AbhyaSetu or to Use this Website and/or App, you may not be adult (18 years of age completed), therefore it is implied that You must have obtained a permission / consent from Your parent/guardian who is an adult as per the laws of India (currently, individuals having age of 18 years or above). This Website and/or App is only to facilitate the Services who are legally competent to enter into an agreement. By using Services, you represent & warrant that you have the right, authority & legal capacity to enter into this agreement.

Registration

We expect that you would complete the registration process with fairness and honesty while furnishing your personal information to AbhyaSetu. Your personal details submitted by you on the Website and/or App shall be true and correct. You accept that you will be responsible for any information provided to AbhyaSetu. If at any point of time, AbhyaSetu comes to know or is informed by any third party or has reasons to believe that any information provided by you at the time of registration or otherwise is untrue, then AbhyaSetu has the right to terminate your membership and/or block you from using the Services provided by AbhyaSetu. AbhyaSetu’s Service is restricted strictly to the registered member. 

Before using the Website and/or App, the User is required to register himself/herself by following a simple registration process. When the User first time visits the Website and/or App, on his/her screen, he/she shall click on a tab namely “Register”. The User shall provide his mobile number which will then be verified by One Time Password (OTP). Upon submission of OTP and successful verification, the User will be directed to registration page wherein the User shall feed Name, E-mail ID. Once the registration process is completed a message will be displayed on the screen as “the registration process is completed successfully” and thereafter User will be directed to the home page of the Website and/or App.  

Payments:

AbhyaSetu offers you only online payment option. Online Payment Modes available will be Credit Cards, Debit Cards, Net Banking, UPI.

Acceptance: We accept payments made by most of the major credit/debit cards issued in India. Acceptance of card payment is at the sole discretion of AbhyaSetu and you may be asked to submit copy of photo identity proof too. However, AbhyaSetu reserves its right to deny acceptance of card payment without any prior notice. 

You may pay on our Website and/or App and choose any of payment modes made available to you by the payment gateway. Payments will be processed if you have selected your preferred/desired chapter available with AbhyaSetu. AbhyaSetu may set or change amounts per chapter without prior intimation to User.

Payment: While availing any of the payment method/s available on the Website and/or App, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

i. Lack of authorization for any transaction/s, or

ii. Exceeding the present limit mutually agreed by you and your issuing bank, or

iii. Any payment issues arising out of the transaction, or

iv. Decline of transaction for any other reason/s

Prices stated at the time of making payment for the opted chapter shall apply in respect to that chapter only.

You represent and confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. You further agree and undertake to provide the correct and valid credit card details to carry out a transaction on the Website and/or App. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or not providing Services.

AbhyaSetu reserves its right to refuse to process transactions by Users with a prior history of questionable charges including without limitation to breach of any agreements by User with AbhyaSetu or breach/violation of any law or any charges imposed by bank or breach of any policy. AbhyaSetu may do such checks as it deems fit before approving the User’s payment for security or other reasons at the discretion of AbhyaSetu. As a result of such check if AbhyaSetu is not satisfied with the creditability of the User or genuineness of the transaction, it will have the right to reject such payment. AbhyaSetu may cancel any transaction at its sole discretion, if AbhyaSetu is suspicious of any User’s authenticity or activity or if the User is conducting high transaction volumes, to ensure safety of the transaction.

In cases where the online payment for the Services does not get successfully communicated to our system due to any network or technical issue between intermediary, bank or payment gateway, the Services shall not be processed and a refund will be initiated for the same. However, in an unsuccessful attempt if the User’s account gets debited, such amounts generally gets auto reversed in the same account. However, AbhyaSetu shall not be held responsible for such amounts debited in unsuccessful attempts and User can raise reversal request with their bank should there be any unreasonable delay in refund.

User acknowledges that AbhyaSetu will not be liable for any damages, interests, claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of AbhyaSetu.

Set-off: In case the User has availed any benefit in relation to the Services for which the payment has been cancelled by the User, he/she agrees and authorizes AbhyaSetu to recover such benefits from the User or set-off the same from any refunds to the User. 

AbhyaSetu and You understand that if you have paid on the Website and/or App for desired Services it means that you have chosen the desired chapter. You agree that, once the payments are credited to AbhyaSetu you cannot change the chapters you have paid for in exchange of any other chapter you would like to opt, you further agree that you shall pay separately for any such chapters. You acknowledge that once you have paid for the Services, the same cannot be refunded in any case by AbhyaSetu.

Services:

All Services and information displayed on Website and/or App constitute an “invitation to offer”. Your request for purchase constitutes your “offer”. All requests placed by you on the Website and/or App are subject to acceptance by us and conditional on your acceptance and adherence to the Terms of Use Policy. 

AbhyaSetu may alert you by email or phone (through sms/call) to inform you about new service offerings of AbhyaSetu and its subsidiaries/affiliates or other information which AbhyaSetu feel might be useful for you, through AbhyaSetu or its subsidiaries/affiliates.

Exactness / Accuracy of Services:


We have made significant efforts to accurately provide current, correct, and clearly display the topics and concepts covered as per the school syllabus prescribed for the students of various courses which appear on the Website and/or App. However, we do not warrant/guarantee that the Services or other content of this Website and/or App is accurate, complete, reliable, current, or error-free. The particular technical specifications and settings of your computer and its display could affect the accuracy of Services offered on this Website and/or App.

Following points have to be noted in accordance with the provisions of Rule 3 (2) of the Information Technology (Intermediaries Guidelines) Rules, 2011:

User is not entitled to host, display, upload, modify, publish, transmit, update or share any information on the Website and/or App that –

  1. belongs to another person and to which the User does not have any right to;
  2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

User’s Liability:


The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.

You agree to comply with all applicable laws in connection with your use of the Website and/or App, and such further limitations as may be set forth in any written or on-screen notice from us.


You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website and/or App. Reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website and/or App is not permitted.


You, as a User, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with AbyaSetu to purchase the Services from AbhyaSetu and pay the transaction price to AbhyaSetu using appropriate Payment Facility. You, as a User, understand that all the payment facility may not be available in full or in part for certain category of Services and for certain locations and hence you may not be entitled to use that Payment Facility in respect of the transactions for those Services or locations.

In the event of Your breach of these Terms and conditions, You agree that AbhyaSetu will be irreparably harmed and may not have an adequate remedy in money or damages. AbhyaSetu therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. AbhyaSetu’s right to obtain such relief shall not limit its right to obtain other remedies.

Grievance/Complaints

Please feel free to provide your concerns through any of the following mediums:

Email ID: 

Contact No: 

Postal Address: 

Limitation of Liability

In no event AbhyaSetu shall be liable for any special, indirect, incidental, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and/or App, its Services whatsoever, whether in an action of contract, negligence or other tortious action.


Without prejudice to the generality of this section the total liability of AbhyaSetu to you for all liabilities arising out of these Terms and conditions be it in tort or contract is limited to the value of the Services availed by you. 

Termination 

These Terms and conditions shall be effective from the date and time of your acceptance of these Terms and conditions and remain in force unless and until terminated by either of us. You may terminate these Terms and conditions at any time, provided that you discontinue any further use of this Website and/or App. We may terminate your right to access to this Website and/or App at any time and may do so immediately without notice, and such termination will be without any liability to us. Any such termination event shall not cancel your obligation to pay for the Services already availed or affect any liability that may have arisen under these Terms and conditions.

Waiver 

Our failure to enforce any provision of these Terms and conditions or respond to a breach by you shall not in any way waive our right to enforce subsequently any provision of these Terms and conditions or to act with respect to similar breaches.

Reserved Rights of AbhyaSetu 

We may discontinue this Website and/or App at any time and for any reason, without notice. All rights not expressly granted herein are hereby reserved to us.

Applicable Law

Any dispute arising out of the Terms of Use Policy and/or your use of the Website and/or App shall be governed and construed in accordance with the laws of India, notwithstanding any conflicts of law.



Jurisdiction 

You specifically consent to submit any dispute arising out of the Terms of Use Policy or any other policies on the Website and/or App to the jurisdiction of courts of Mumbai, India. 

Indemnification

You agree to indemnify, defend and hold AbhyaSetu, its partners,  affiliates, successors, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of Terms and conditions by you, or due to your activities related to the Website and/or App.

General provisions

Each part of this Terms of Use Policy or any other policies on the Website and/or App is independent of each other. If any part of this Terms of Use Policy or any other policies on the Website and/or App is found void and unenforceable, it will not affect the validity of the balance of the Terms of Use Policy or any other policies on the Website and/or App, which shall remain valid and enforceable according to its terms. 

Changes to Terms of Use Policy

AbhyaSetu have and continues to have the right to modify, change or update Terms of Use Policy and any other policies on the Website and/or App at any time. However, AbhyaSetu will use User’s Personal Information in a manner consistent with Privacy Policy at the time User shared Personal Information. User is encouraged to check the Website and/or App often to get updated about Terms of Use Policy and all other policies on the Website and/or App. User acknowledges that by virtue of usage of the Website and/or App you provide acceptance of the Terms of Use Policy and changes made to it.