Terms
of use
1.
Introduction
This
document is an electronic record in terms of the Information Technology Act,
2000 and published in accordance with the provisions of Rule 3) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and Terms of Use for
access or usage of www.ClearYatra.com("Platform”).
The
Platform is owned by Tripkia Private Limited, having its registered office
at SHOP NO. 21, CRYSTAL
PLAZA, SHANTI NAGAR, SECTOR 11, ABOVE MY IDEA STORE, MIRA ROAD (EAST), THANE
Thane MH 401107 IN, India.
Your access to and use of the services made
available through the Platform or through any web or mobile application ("Services”)
is governed by the terms and conditions contained in this Terms of Use (“Terms”)
or any applicable policies (such as privacy policy),
which are incorporated herein by way of reference.
For the purpose of these Terms, wherever the
context so requires "You" or "User" shall
mean any natural or legal person who has accepted these Terms. The term "Tripkia
Private Limited", "We", "Us", "Our"
shall mean Tripkia Private Limited.
2. Acceptance of the Terms:
This Agreement takes effect when you browse or
access the Platform or use the Services or when you click an “I Accept” button
or check box presented with these terms (the “Effective Date”). By
accepting these Terms, you agree to enter into a legally binding contract with
Us.
You represent to us that you are lawfully able
to enter into contracts (i.e., you are above the age of 18 years). If you are a
minor, then your parents or legal guardian may allow you to access and use
their User Account (defined below) for availing of the
Services. If you are a parent or a legal guardian of a minor, by allowing your
child or ward to use your User Account (defined below), you
are responsible for your child’s activity. In such a case, the term ‘you’,
‘your’, or ‘User’ will mean both you and your child or ward.
If you are accepting these Terms on behalf of
a third party (such as an educational institution), you represent
and warrant that (i) you have the full legal authority to bind the third party
to these Terms; (ii) you have read and understood these Terms; and (iii) you
accept these Terms on behalf of such third-party.
You may not access or use the Services (i) if
you do not accept these Terms; (ii) if you are not of legal age to form a
binding contract with us; or (iii) if you are prohibited from accessing or using
Services under applicable laws.
3. Entire Agreement
Any other agreement executed with you in
writing or any rules, guidelines, or policies, applicable to the Service will
be deemed to be incorporated into and considered a part of these
Terms.
4. Modification
We may change, modify, add or remove portions
of these Terms, at any time by publishing a revised version
on [www.clearyatra.com]. The modified terms will become effective upon
publication. You shall ensure to review the Platform periodically for
updates/changes to these Terms. By continuing to use the Platform or the
Services, after the effective date of the updated Terms, you agree to be bound
by the modified terms.
5. License to Use:
You agree that we or our licensors own all
legal rights, title, and interest in and to the Platform or the Services,
including any related technology or intellectual property rights that subsist
in the Platform or the Services.
As long as You comply with these Terms, We
grant You a personal, non-exclusive, non-transferable, limited, and revocable
privilege to access, view, and use the Platform or the Services. We reserve any
rights not expressly granted to you under these Terms. By accepting these
Terms, You also accept and agree to be bound by our rules, guidelines, and
policies (such as Privacy Policy)
as amended from time to time.
The rights granted herein are only for your
personal, non-commercial use, unless we’ve otherwise agreed in writing. We
hereby allow you, if you are a parent or a legal guardian, to allow your child
or ward, under your control and supervision, to access, view, or use the
Platform or the Services, from your User Accounts (defined below).
We reserve the right to suspend or deny, in
our sole discretion, access to all or any portion of the Platform or the
Services.
6. User Account, Password, and Security:
In order to use all the Services, you might be
required to create an account (“User Account”). You can either create a
User Account by directly registering with Us, on the Platform or by indirectly
registering through an Admin Account.
If you are an entity (such as a school or an
educational institution), we will provide you with an “Admin Account”.
The Admin Account will enable you to add or register additional User Accounts.
In such cases, each User Account will be linked to the Admin Account – under
which it was added or registered. Admin Accounts can also administer and manage
the use of the Services by the linked User Accounts. This includes accessing
details about the linked User Account or changing privilege of linked User
Accounts to access Content (defined below).
You may have to provide us with certain
information. Any information you provide us must be accurate, complete, and
up-to-date. You must inform us promptly of any changes or updates to such
information.
You are responsible for maintaining the
security and confidentiality of your account credentials. To the extent we
provide you with any credentials (such as API keys), such credentials are for
your internal use only and you will not sell, transfer or sublicense them to
any other entity or person.
You are also responsible for all activities in
relation to your account. We are not responsible for any unauthorized
access to your account. If you notice or suspect any unauthorized use or access
of your account, you should notify us immediately. You should also ensure to
exit from your account at the end of each session.
Additionally, if you operate an Admin Account,
then you are responsible for (i) activating the linked User Accounts; (ii) any
use or activity performed by the linked User Accounts and (iii) ensuring that
the linked Users Account accepts and complies with these Terms.
7. Services Offered:
We provide numerous online educational
courses, relating to various subjects taught in school from Grade KG to Grade
12th. The educational courses, the curriculum, and the study material
(together, “Content”) which is made available on our Platform is created
and developed by third parties (“Content Providers”). We simply
facilitate the purchase and consumption of Content on our
Platform.
The purchase and consumption of the Contents
on our Platform may be governed by additional policies (including but not
limited to cancellation policy, plagiarism policy, examination policy, etc.)
which are found on the FAQ tab on the Platform and all of which are
incorporated here by reference.
8. Platform for Transaction and
Communication:
The Users and Content Providers utilize the
Platform to meet and interact with one another for their transactions on the
Platform. Tripkia is not and cannot be a party to or control in any manner any
transaction between the User and the Content Providers. Therefore, the User
acknowledges and agrees to the following: All commercial/contractual terms are
offered by and agreed to between the User and the Content Provider alone. The
commercial/contractual terms include without limitation price, payment
methods, payment terms, period, and warranties related to services, and
post-purchase assistance related services. Tripkia does not have any control or
does not determine or advise or in any way involve itself in the offering or
acceptance of such commercial/contractual terms between the User and the
Content Provider.
Tripkia does not make any representation or
warranty as to specifics (such as quality, value, etc) of the Content
offered on the Platform.
Tripkia is not responsible for any
non-performance or breach of any contract entered into between User and Content
Provider. Tripkia cannot and does not guarantee that the concerned User and/or
Content Provider will perform any transaction concluded on the
Platform.
At no time shall Tripkia hold any right, title
or interest over the Content nor shall Tripkia have any obligations or
liabilities in respect of such contract entered into between Users and Content
Providers.
Tripkia only operates the Platform that can be
utilized by Users and Content Providers to connect with each other, for the
purpose of purchasing Content. Tripkia is only providing a Platform for communication
and it is agreed that the contract for purchase of Content will be a strictly
bipartite contract between the Content Provider and the User. At no time shall Tripkia
hold any right, title, or interest over the Content nor shall Tripkia have any
obligations or liabilities in respect of such contract. Tripkia is not
responsible for unsatisfactory or delayed performance of services (by Content
Providers) or damages or delays as a result of Content that are out of stock,
unavailable or back-ordered.
Pricing information displayed for any Content
may contain some technical issue, typographical error. Or the Content
information published by the Content Provider may be incorrectly reflected. In
such events, the Content Providers may cancel your order(s).
You release and indemnify Tripkia and/or any
of its officers and representatives from any cost, damage, liability or other
consequence of any of the actions you undertake on the Platform and
specifically waive any claims that you may have in this behalf under any
applicable law. Notwithstanding its reasonable efforts in that behalf, Tripkia
cannot take responsibility or control the information provided by Content
Providers or other Users which is made available on the Platform.
9. User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use
of the Platform shall be strictly governed by the following binding
principles:
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10. Content made available on the Platform, by
Content Provider:
The Content made available on the Platform is
provided by third-party Content Providers. You acknowledge that all Content is
owned by such Content Providers, and that we do not own any Content. We do not
warrant that the Content, Content description, or the Services are accurate,
complete, reliable, current, or error-free and we assume no liability in this
regard.
You acknowledge that all Content, is owned by
third-party Content Providers. We do not own or have any control over such
third-party generated Content .
You agree to not copy, download, publish,
distribute, or reproduce any of the information contained on the Platform or in
the Content, in any form, without our prior written consent. You undertake that
you will not record, make audio or video recordings, or take screenshots or
pictures of any of the Content.
You have a limited right to use or download the information made available on the Platform or the Content provided that You -
11. Content posted on the Platform, by
Users:
You may be expected to submit homework,
assignments, exams, posts, comments, etc, while using the Platform (“User
Content”). As between the parties and to the extent permitted by applicable
law, you own all the User Content. You hereby agree and allow Us to use the
User Content as necessary to provide and maintain the Platform or the Services,
to develop and improve the Services or the Content, to comply with applicable
law, and enforce our policies, rules, or guidelines.
You are responsible for the User Content,
including for ensuring that it does not violate any applicable law or these
Terms. You shall solely be responsible for any claims, objections, and/or
issues raised regarding the authenticity, originality, or legality of the User
Content. You hereby release Us from any claim arising out of the use of User
Content, including through its publication, exhibition, transmission,
broadcast, dissemination, or advertisement in any form or mode.
You acknowledge that the User Content may not
be unique across all Users and that multiple Users may create the same or
similar User Content. You agree that User Content that is generated by other
Users will not be considered as your User Content.
12. Disclaimer and Warranties:
The Platform, Services and Content are
provided on "as is" and "as available" basis without any
representation or warranties, express or implied except otherwise specified in
writing. Without prejudice to the forgoing paragraph, We disclaim all
warranties, including but not limited to warranties of merchantability, fitness
for a particular purpose, satisfactory quality, non-infringement and quiet
enjoyment and any warranties arising out of any course of dealing or trade
usage. We do not warrant that the Platform Services or Content, will be
constantly available, uninterrupted or available at all times or that they
would be accurate or error-free.
We reserve the right (i) to cancel, interrupt,
reschedule, or modify any educational course or Content, or change the point
value or weight of any assignment, quiz, or other assessment; (ii) determine
the minimum number of hours required to be spent on a course, to qualify for
completion of the said course or (iii) delete any Content or User Content
uploaded or available on the Platform, at our discretion.
You acknowledge that we (i) do not grant any
academic credits towards the completion of any educational courses or Content;
or (ii) do not have any obligation to get the educational course or Content
recognized by any educational institution or accreditation
organization.
You acknowledge that the Platform, Services or
Content may use and/or contain certain software, products, and services which
are developed and owned by third-parties. You agree that we will not be
responsible for such third-party software, products, and services nor for any
error, malfunction, or defect resulting therefrom.
13. Fees:
Unless otherwise specified, we will calculate
and charge you a monthly fee according to the fee plan shared with you, or
available at [www.getsetlearn.info, www.getsetlearn.school,
www.getsetlearn.online, shop.uniformjunction.com] for the access or
use of the Platform. We reserve the right to waive any fee/charges. You
acknowledge that the fees/charges for different Users may vary, based on
several factors, such as the volume of use, the number of courses enrolled, the
type of entity, etc.
It is clarified that only certain Services
purchases on the Platform may be eligible for a refund for a limited period of
time (in each case, the “Refund Period”). Some services (like live
workshops) may not be eligible for a refund. The eligibility for a refund, as
well as the Refund Period will be communicated to you during the purchase of
the relevant Service.
To receive a refund during the Refund Period,
simply initiate the refund request by writing to us at
support@getsetlearn.online. We will let you know if you are eligible for a
refund. If so, we will confirm the initiation of refunds and the refund will be
processed automatically. For more info, you can reach out to our Grievance
Officer, detailing your query.
Coupon codes and other course entitlements are
subject to expiration and any other conditions stated at the time of
purchase. In the event that the return request is declined, the User shall
not be eligible for a refund, and Tripkia assumes no liability in this regard.
In addition, these Terms may be further supplemented by Service and/or Content
specific conditions, which may be displayed with that Service and/or
Content.
14. Confidentiality:
You may be given access to our Confidential
Information. You may use such information only as per these Terms. You should
not disclose such information to any third party and should protect it in the
same manner as you’d protect your own confidential information. “Confidential
Information” means non-public information that we or our affiliates, or
third parties, designate as confidential or is reasonably considered as
confidential. Confidential Information does not include information that: (i)
is or becomes generally available to the public, without your fault; (ii) is
rightfully disclosed to you by a third party without any confidentiality
obligations; or (iii) is developed independently, without using the
Confidential Information. To clarify, Content made available to you will be
considered as our Confidential Information.
15. Data Protection
You acknowledge that your use of the Platform
or Services may involve the processing of your personal data. For this purpose,
you hereby agree to the processing of such personal data, in accordance with
the Privacy Policy.
16. E-Platform for Communication:
You agree, understand and acknowledge that we
provide an online platform that enables you to purchase online education
courses and Content made available by third-party Content Providers. You
further agree and acknowledge that We are only a facilitator and are not and
cannot be a party to or control in any manner any transactions undertaken on
our Platform between you and the Content Provider.
17. Indemnity:
You shall indemnify and hold harmless Tripkia,
its owner, licensee, affiliates, subsidiaries, group companies (as applicable)
and their respective officers, directors, agents, and employees, from any claim
or demand, or actions including reasonable attorneys' fees, made by any third
party or penalty imposed due to or arising out of (i) Your use of the Services;
(ii) Your breach of these Terms , Privacy Policy or any other rule, policies or
guidelines; (iii) Your violation of any law, rules or regulations or the rights
(including infringement of intellectual property rights) of a third party; or
(iv) from any User Content that you provide, during the use of the
Platform.
18. Limitation of Liability:
In no event shall Tripkia be liable for any
indirect, punitive, incidental, special, consequential damages or any other
damages resulting from:
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19. Suspension or Deletion:
Temporary Suspension:
Tripkia may suspend your account or access to
our Platform or Services, immediately and without any notice on (i) non-payment
of the requisite fees, (ii) if required under applicable law; (iii) to prevent
or mitigate any security incidence; (iv) for infringing, breaching, violating,
abusing, or unethically manipulating or exploiting these Terms or anyway
otherwise acting unethically; (v) for providing inaccurate, fraudulent,
outdated or incomplete information during the account registration, or
thereafter, (v) for violating applicable laws, regulations, third party rights
or these Terms, (iv) if we believe, in good faith, that such action is
reasonably necessary to protect the safety or property of other Users, Tripkia
or third parties, for fraud prevention, risk assessment, security or
investigation purposes or (iv) for any reasons, provided the same is
communicated to you in writing.
The User may suspend the access or use of the
Platform or Services, by following the appropriate procedure, if applicable. Tripkia
may (if applicable) waive any fee/charges for a period of 3 months, post
which, the automatic billing of the User’s account will be
restored.
The User agrees and acknowledges that
termination or suspension of an Admin Account will automatically result in
termination or suspension (respectively) of all the User Accounts linked to
such Admin Account.
Deletion of Account:
We may delete your account if (i) your account
is suspended for more than 3 months and, if applicable, you’ve failed to revive
it; or (ii) your account is inactive for 6 months; or (iii) if required under
applicable law.
You may delete your account by following the
processes detailed on the Platform or by writing to us at
support@getsetlearn.online.
20. Termination:
If you are not registered with us, these Terms
are terminated when you cease to access or use the Site. If you are registered
with us, these Terms are terminated, upon deletion of your account in
accordance with Clause 19 above.
Any clauses of these Terms that reasonably
should survive termination of these Terms, will remain in effect. The User will
remain responsible for all fees and charges incurred, prior to the
termination.
Upon termination, Tripkia may retain/delete
(as required) any content or other materials relating to your use of the
Platform or the Service, subject to the privacy policy and
Tripkia will have no liability to you or any third party for doing
so.
21. Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the Platform is
made available only in India. Tripkia make no representation that the Platform
or the Services are appropriate or available for use in other
locations/countries other than India. Those who choose to access Platform from
other locations/countries other than India do so on their own initiative and Tripkia
is not responsible for providing Services, , or complying with any local
laws, if and to the extent local laws are applicable.
22. General Provisions:
a. Governing Law: These terms shall be governed by and
constructed in accordance with the laws of India without reference to conflict
of laws principles and disputes arising in relation hereto shall be subject to
the exclusive jurisdiction of courts, tribunals, fora, applicable authorities
at Mumbai. The place of jurisdiction shall be exclusively in
Mumbai.
b. Dispute Resolution: In the event of a dispute arising out of
or related to these Terms, (collectively, “Dispute”), the parties agree
to engage in good faith negotiations to amicably resolve the Dispute. If we are
unable to resolve a Dispute within thirty (30) days, either party may commence
binding arbitration under [Mumbai Centre for International Arbitration]. The
parties will share equally the fees and expenses of the arbitrator. The
arbitration will be conducted by a sole arbitrator chosen by the mutual
agreement of the parties. The arbitrator will have the authority to grant
specific performance or any other equitable or legal remedy, including
provisional remedies. Each party will be responsible for its own incurred
expenses arising out of any dispute resolution procedure. Any arbitration
proceedings will take place in [Mumbai].
c. Contacting the
Content Provider: At Tripkia, we are
committed towards ensuring that disputes between Users and Content Providers
are settled amicably by way of the above dispute resolution mechanisms and
procedures. However, in the event that You wish to contact Tripkia about the
Content Provider, You may proceed to do so by clicking on the Content
Provider’s name on the listing pages. Alternatively, You may also reach out to
customer support at +91 8792740014
d. Compliance: You will comply with applicable law, these
Terms, and third-party rights (such as privacy rights). You agree that you are
solely responsible for any breach of your obligations under these Terms, any
applicable third-party contract or terms of service, or any applicable law or
regulation, and for the consequences (including any loss or damage which we or
any third party may suffer) of any such breach.
e. Relationship of the
Parties: Each party will
act solely as an independent contractor and nothing in these Terms will be
deemed to create any form of partnership, joint venture, or any other similar
relationship between you and Tripkia.
f. Use of Brands: You may not use TRIPKIA Technology’s or
any of its affiliates’ names, logos, or trademarks, without our prior written
consent.
g. Waiver: You agree that the non-exercise of any
legal right or remedy contained in these Terms will not be taken to be a formal
waiver of our rights and such rights or remedies will still be available to
us.
h. Severability: If any court of law, having the jurisdiction
to decide on this matter, rules that any provision of these Terms are invalid,
then that provision will be removed from these Terms without affecting the rest
of the Terms. The remaining provisions of these Terms will continue to be valid
and enforceable.
i. Assignment: The rights granted in these Terms may
not be assigned, transferred, or delegated by you without our prior written
approval.
j. Force Majeure: We will not be held responsible for any
failure, delay, or interruption caused by circumstances outside our control,
such as network failure, network connection failure, earthquake, disease
outbreak, flooding, strikes, war, embargoes, or any act(s) of the government or
any statutory or regulatory authority.
k. Notice: We may provide any notice to you under these Terms by posting a
notice on our website, which will be effective upon posting. To give us notice
under these Terms, you must contact us by email at : support@clearyatra.com
23. Grievance Officer
You may reach out to our Grievance Office at
the following details, to raise any grievance:
Mr. Arun Kumar Singh
Designation: Director
Tripkia Private Limited,
SHOP NO. 21, CRYSTAL PLAZA, SHANTI NAGAR,
SECTOR 11, ABOVE MY IDEA STORE, MIRA ROAD (EAST), THANE Thane MH 401107 IN.
E-mail: support@clearyatra.com
Phone: +91 8797341811
Days & Time: Mon - Fri - 10 AM – 5 PM.