Terms & Conditions
These Terms & Conditions (“Terms”) govern the usage of our website [https://bhavi4.com/] (“Website”), our applications (“Application”), or any products or services provided in connection with the Application/Website/products (“Services”), as well as any methods of registration or product usage, including through SD cards, tablets, or other storage/transmitting devices. These Terms establish a legal agreement between Bhavi Skill Hub LLP (“Company/We/Us/Our”) and its users (“User/You/Your”).
By using the Application, Website, Services, or products, including registration with or without payment/subscription, you acknowledge and accept these Terms and agree to be bound by them. It is essential to carefully read both the Terms and the Company’s privacy policy (“Privacy Policy”) regarding registration, Application usage, Website, Services, and products before proceeding. In case of any inconsistency between the Terms and other policies concerning the Application, Website, Services, or products, the provisions of these Terms shall prevail.
If you do not agree to abide by these Terms or the Privacy Policy, kindly refrain from using the Application, Website, or accessing the Services or products. Moreover, any access to our Services, Application, or products through registration or subscription is non-transferable.
1) Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services and products are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on this Application or Website or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. You may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.
2) Your usage of our products, Website, Application, and Services is strictly intended for personal and non-commercial purposes. Any utilization of the Application, Website, Services, or products beyond personal use is strictly prohibited. Your personal and non-commercial use of this Application, Website, products, and/or our Services must adhere to the following restrictions:
(i) You are not allowed to decompile, reverse engineer, or disassemble the contents of the Application and/or our Website and/or Services/products. Additionally, you must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and/or our Website and/or Services/products. Furthermore, you must not remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and/or our Website and/or Services/products.
(ii) You shall not use this Application and/or our Website and/or any of our products or Services for any commercial purposes. Advertising or selling the Application, products, Services, or domain names, whether for profit or not, is strictly prohibited. Soliciting others, including soliciting contributions or donations, or using any public forum for commercial purposes, is also not allowed.
(iii) You are prohibited from using the Application, Website, our products, and Services in any manner that is unlawful or harms the Company or any other person or entity, as determined by the Company.
In addition to the above, users are not permitted to engage in the following prohibited activities while availing our Services:
- Providing access to any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable is strictly prohibited.
- Additionally, engaging in stalking, intimidation, harassment, or inciting others to commit violence is not allowed. Transmitting material that encourages criminal offenses, civil liability, or breaches of relevant laws, regulations, or codes of practice is also forbidden.
- Users must not interfere with others’ use or enjoyment of the Application/Website/Services or engage in any act that infringes on intellectual property rights, copyrights, or proprietary rights of others. Making available content or materials without proper authorization under law or contractual agreements is not permissible unless you own or control the rights to such content.
- Impersonating any individual or entity, misrepresenting affiliation, or posting false information is not tolerated. It is strictly forbidden to post or transmit materials containing viruses, trojan horses, worms, spyware, time bombs, or other harmful computer programming routines that could damage or limit the functionality of the Application/services or compromise the interests and rights of other users.
- Accessing or using the Application/Website/Services/products in a way that disrupts, damages, disables, or overburdens the servers or networks is prohibited. Violating applicable laws, requirements, procedures, policies, or regulations related to the access or use of the Application/Website/Services/products is strictly forbidden.
- Attempting to disrupt the security of the Application/Website/Services/products, gain unauthorized access to user accounts, passwords, servers, or networks, or interfere with other users’ access to the services is not allowed.
- The Services should be used only for purposes allowed by these Terms and any applicable laws or guidelines in the relevant jurisdiction. Violation of any specified terms in the Terms for the use of the Application/Website/Services/products is considered a breach of the rules and is strictly prohibited.
3) By using or submitting content on the Services (referred to as “Material”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your Material in any and all media or distribution methods, whether currently known or developed in the future. We may associate your Material with you, except as described below. You acknowledge and agree that other users of the Services may use your Material in the same way as any other content available through the Services. They may also fork, tweak, and repurpose your Material in accordance with these Terms. Please note that if you delete your user account, your Material and name may still remain available through the Services.
4) While every effort has been made to offer the most current, correct, and clearly expressed information in the preparation of the Application/Website/Services/products and their contents, inadvertent errors may occur. The Company disclaims any responsibility for such errors and the accuracy of the information that may be contained in the Application. We welcome feedback from users to improve the Application and its contents, making them error-free and user-friendly. The Company reserves the right and discretion to make any changes, corrections, or withdraw/add contents at any time without prior notice.
5) Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on the Application/Website/Services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
6) Our Website provides Users with access to compiled educational information and related sources on an “As Is” basis, and we assume no liability for the accuracy, completeness, or non-obsolescence of such information. We shall not be responsible for updating or ensuring continuity of the information contained on the Website. Additionally, we would not be liable for any errors that might appear in such information, which is compiled from third-party sources, or for any unavailability of such information. From time to time, the Website may include links to other websites for further information. Please note that these links are provided for your convenience and do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Without the Company’s prior written consent, you may not create a link to the Website from another website or document.
7) The contents of the Application/Services/products are developed based on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Application/Services/products is not intended as a substitution for the curriculum-based education provided by educational institutions but is meant to supplement the same by explaining and presenting the concepts in an easily understandable manner. The basic definitions and formulae of the subject matter remain the same. The Company acknowledges that there are various means of delivering structured curriculum pedagogy, and the inclusion of methods in the Application/Services/products does not imply endorsement of any particular method, nor does exclusion imply disapproval. Please note that subscribing to the Application or using our Services/Website/products does not guarantee admission to any educational institutions, passing of any exams, or achievement of any specified percentage of marks in any examinations.
8) Certain contents in the Application/Services/Website/products, particularly those relating to assistance in preparations for administrative services, may contain opinions and views. The Company shall not be responsible for such opinions or any claims resulting from them. Furthermore, the Company makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
9) Some portions of the Services are interactive, and we encourage Users to contribute content, which may or may not be subject to editorial control before posting. The Company assumes no responsibility or liability for any material communicated by third parties through the Services. We reserve the right, at our sole discretion, to remove, review, edit, or delete any content.
10) Likewise, we will not be held responsible or liable for any content uploaded directly by Users on the Website, regardless of whether we have certified any uploaded answers. We cannot verify whether such questions, answers, or contents placed by any User contain infringing materials or not.
11) The Company, including its subsidiaries and affiliates, may contact Users through SMS, email, or phone based on any form of access to the Application, Services, Website, or registrations through any source. This contact may be for providing information about our offerings, products, important updates, or seeking permission for product demonstrations. By registering yourself, you agree to allow us to contact you through various means and hold the
12) Company indemnified against any liabilities arising from contacting a mobile number registered with the Do Not Call (DNC) database.
13) Upon registration, the Company may contact you through the provided mobile number, email, or other contact information to effectively provide the Services. You expressly permit the Company to contact you and the student utilizing the Services through the aforementioned means at any time after registration. Additionally, the Company may monitor the download and usage of the Application/Services/products and their contents by the User/student to analyze and discuss usage for improved effectiveness.
14) The User expressly permits the Company to address student doubts, provide study plans, offer progress updates, feedback, and mentoring through telephone or email, with express consent from the legal guardian/parent of the User or through any other agreed-upon forum.
15) While the Company endeavors to train sales and service personnel related to its products for quality control, it makes no warranties or representations concerning their quality and competence. Any feedback from Users regarding such personnel is welcomed, and the Company reserves the right to take appropriate action based on the feedback.
16) Access to specific features of the Services, such as doubt clearance and mentoring services, may be subject to separate terms, conditions, and fair usage policies. The Company reserves the right to determine the criteria for providing various elements of the Services to different categories of Users, based on its policies. Therefore, subscribing to the Application/products or registering does not automatically entitle the User to all elements of Services provided by the Company. The Company retains the discretion to grant access to certain elements of Services and decide their continuity.
17) We reserve the right to extend, cancel, discontinue, withdraw prematurely, or modify any of Our Services at Our discretion.
18) The Company’s products and Services, including the Application and content, are compatible only with certain designated devices/tablets/instruments/hardware. The Company is not obligated to provide functioning products and/or services for any instruments not recognized by the Company or purchased from third parties that are incompatible with the Company’s offerings. The Company also reserves the right to update the list of compatible devices as needed.
19) The Company shall not be held responsible for any loss or damage caused to tablets or any other hardware and/or software, including data loss or changes in processing speed, resulting from the use of our products and Services.
20) To encourage Customer Retention and Loyalty, Bhavi allows its Customers, Fintech Partners, and other stakeholders to refer customers to purchase Bhavi’s Products & Services. The Company may, at its discretion, pay referral bonuses subject to applicable laws. However, it should be noted that this referral bonus policy is optional and selective, and the decision of the Company is final and not open to dispute or challenge. Customers, Fintech Partners, or other stakeholders should not conduct business with the Company in anticipation of receiving such bonuses, as the Company’s payment of bonuses is entirely dependent on internal parameters, demographics, and economic factors.
21) During the purchase, you must specify the delivery address. All products will be delivered directly to the specified address at the time of ordering, and it is not possible to change the address after the order is processed. If there is any change in the address, you must inform us in writing well in advance of the shipping date. Failure to provide consistent and accurate name or address information may result in non-delivery of the product(s).
22) (a) If a product is damaged at the time of delivery, the Company will bear the shipping charges for its return. However, for returning a product for any other reasons, it is the User’s responsibility to arrange for the return, and shipping charges will be borne by the User. (b) We urge you not to accept any product package that appears to be tampered with, opened, or damaged upon delivery. Products must be returned in the same condition as delivered by the Company. Any products showing signs of use or damage will not be accepted for return. (c) All requests for product returns must be made within 15 (fifteen) days from the date of delivery. Please note that no refunds will be processed or entertained after this 15-day period.
23) You acknowledge that the Company is not the manufacturer of the instrument/medium/hardware, and any defects related to it should be reported to the manufacturer, whose details will be specified on the packaging. The Company shall not be responsible for any such defects or issues related to the instrument/medium/hardware.
24) To access the Services and utilize the Application/products, you must register with the Application/Services/products and maintain an account with them. During registration, you’ll need to provide certain information, such as your name, mobile number, e-mail address, residential address, grade/class of the student, school name, and payment information (credit/debit card details if required), along with any other information considered necessary by the Application.
Regarding the information you provide, it is your sole responsibility to ensure its accuracy, completeness, and that it is up-to-date. You are also accountable for maintaining the confidentiality of your account information and for any activities that occur under your account. Remember to log out of your account at the end of each session, and if you suspect any unauthorized use, promptly notify the Company. In case of a potential security breach or misuse of your account, the Company may ask you to change your password or temporarily suspend your account as deemed appropriate in the circumstances. The Company will not be liable for any loss or damage resulting from your failure to comply with this requirement.
It’s important to note that your ability to use your account may depend on external factors like internet service providers and network availability, and the Company cannot guarantee continuous accessibility to the Application. Apart from the disclaimers mentioned in the Terms, the Company will not be held liable for any damages arising from your inability to log into your account and access the Application’s services at any time.
Individuals who possess the legal capacity to contract under the Indian Contract Act, 1872, are eligible to register for the Application and access our products or services. However, minors, undischarged insolvents, and individuals deemed ineligible under the Act are not allowed to register for or use our products or services. If you are a minor and wish to use our products or services, you must do so under the supervision and consent of your legal guardian or parents who have agreed to these Terms. By utilizing the Application/Website/Services, it is assumed that a minor has obtained the necessary consent from their legal guardian or parents.
The Company holds no responsibility for any consequences arising from the misuse of our website, products, or services by any person, including minors, who have registered for our offerings. By using our products or services, you warrant that all data provided by you is accurate and complete. In the case of minors, you confirm that the student using the Application has obtained the consent of their parent/legal guardian.
The Company reserves the right to terminate the subscription and deny access to products or services if it is discovered that a user is under 18 years of age and lacks the proper consent from their parent/legal guardian or if any provided information is found to be inaccurate. Ensuring that you meet the necessary eligibility criteria is your sole responsibility. Minors (under the age of 18) should seek consent from their parents/legal guardians before providing any personal information about themselves or their family members on the Application.
Indemnification: By using the Application/Website/Services, you agree to defend, indemnify, and hold the Company, its officers, directors, employees, and agents harmless from any and all claims, damages, obligations, losses, liabilities, costs, or debts, including attorney’s fees, arising from:
(i) Your use of and access to the Application/Website/Services,
(ii) Your violation of any term in these Terms or any other policy of the Company,
(iii) Your infringement upon any third party rights, including copyright, property, or privacy rights, and
(iv) Any claim that Your use of the Application/Website/Services caused damage to a third party.
This defense and indemnification obligation will survive the termination of these Terms.
Limitation of Liability: Under no circumstances shall the Company, its officers, directors, employees, partners, or agents be liable to you or any third party for any special, incidental, indirect, consequential, or punitive damages, including those resulting from loss of use, data, or profits, or any other claims arising out of or in connection with your use of, or access to, the Application.
Breach of Terms: If you breach these Terms, you acknowledge that the Company may suffer irreparable harm for which monetary compensation may not be sufficient. In such cases, the Company is entitled to seek an injunction from any court of competent jurisdiction to prevent further breaches. The Company’s right to seek such relief does not limit its ability to pursue other remedies available by law.
Modifications and Discontinuation: The Company reserves the right to change, modify, suspend, or discontinue any aspect(s), features, or functionality of the Application or the Services at any time without notice. Additionally, the Company may amend these Terms from time to time without prior notice. The Company makes no commitments, express or implied, to maintain or continue any aspect of the Application. You agree that the Company shall not be liable to you or any third party for any modifications, suspension, or discontinuance of the Application/Services. All prices are subject to change without notice.
Disclaimer: The use of this Website, the Application, and the Services is entirely at your own risk. The Company provides them on an “as is” basis with all faults and without any warranty of any kind. The Company disclaims all warranties and conditions regarding the Website, Application, products, and Services, including but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, accuracy, timeliness, performance, completeness, suitability, and non-infringement. The Company shall not be liable for any damages arising out of or in connection with the use or performance of this Site, the Application, or the Services. It is your responsibility to ensure that the Services provided by us meet your specific requirements.
Governing Law and Jurisdiction: The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore, and you hereby accede to and accept the jurisdiction of such courts.
Notice: The Company will deliver all notices to You via email to your account or through general notifications on the Application. If You need to provide any notice to the Company, please use the email address bhaviskillhub@gmail.com.
Entire Agreement: The Terms, along with the Privacy Policy, and any other applicable guidelines for the Application, constitute the complete agreement between You and the Company regarding your access to and use of the Application, Website, and its Services.
Assignment: You are not permitted to assign or transfer Your obligations or rights under these Terms to any third party. However, the Company reserves the right to freely transfer its rights under the Terms to third parties without seeking Your consent.
Severability: In the event that a court of competent jurisdiction deems any provision of these Terms unenforceable, the court shall enforce that provision to the maximum extent permitted to reflect the intent of the parties, and the remainder of the Terms will remain in full force and effect.
Waiver: Any failure by the Company to enforce or exercise any provision or right under these Terms does not constitute a waiver of that provision or right.
Relationship: You acknowledge that Your participation on the Application does not establish an employment, agency, partnership, joint venture, or franchise relationship with the Company.
The Company provides these Terms to inform You about the conditions governing your use of the Website/Application and Services. You acknowledge that the Company has given You a reasonable opportunity to review these Terms, and You have agreed to abide by them.
Feedback: Any feedback You provide regarding the Application will be considered non-confidential, and the Company may use such information without restrictions. By submitting feedback, You represent and warrant that: (i) Your feedback does not contain confidential or proprietary information of You or any third parties; (ii) the Company has no obligation of confidentiality concerning the feedback; (iii) the Application may already be considering or developing something similar to the feedback; and (iv) You are not entitled to any compensation or reimbursement from the Company for the feedback unless specified otherwise.
Under no circumstances shall the Company be held responsible for any content provided by other users, even if the content is offensive or hurtful. Please exercise caution while accessing the Application.
Customer Care: We are committed to providing You with the best possible experience. If, by any chance, You encounter any issues, please don’t hesitate to contact us at bhaviskillhub@gmail.com.