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Terms of use

This platform is owned and operated by Smavy Private Limited, with its registered office at No.10, Samath Saibu Street, Jolarpettai, Tirupattur District, Tamil Nadu, India – 635851 (“Company”).  Any reference to in the form of “We”, “Us” and “Our” would hereinafter refer to the Company. Any user of the platform shall be termed as the “Customer”, any reference to “You”, “Your”, “Yourself” shall hereinafter refer to the Customer.

The given terms and conditions (“Terms of Use”) establish a legally binding agreement between You and the Company,

You agree that your usage of the platform shall be governed by these Terms of Use and the Company’s privacy policy which is displayed on this platform and is incorporated by reference in these terms.

You further agree, that in using this platform and the Services offered, You shall be in compliance with all applicable laws. Please note that the usage of the platform is on an `as-is’ and `as-available’ basis.

You agree that these Terms of Use may be updated from time to time and any such changes will be effective as soon as they are posted. It is advisable to review these Terms of Use from time to time so that you remain informed about any such changes.

PLEASE NOTE THAT IF YOU DO NOT AGREE TO THE GIVEN TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS THE PLATFORM.

  

SCOPE AND APPLICABILITY

These Terms of Use along with the Privacy Policy shall constitute the entire and sole agreement between You and the Company. The Terms of Use outline the manner in which You are required to access and use this platform. Any queries regarding Your usage of the platform should be directed at: hello@smavy.com

You can use the platform if:

  1. You accept to comply with these Terms of Use and the Company’s Privacy Policy.
  2. You agree that You shall be in compliance with the applicable laws in accessing and using this platform.

If any user of the platform is below 18 years of age, the parent/guardian should access the platform on their behalf and determine its suitability before permitting their children to access the same. We do not take any responsibility for minors accessing or using the platform without adequate supervision by their parents/guardians.

SERVICES AND ACCOUNT

The platform offers e-learning services including but not limited to:

  1. Virtual delivery of educational programmes for students (Primary, Secondary, Arts and other education programs)
  2. Creation and dissemination of educational materials in the form of digital reading materials.
  3. Mentorship of students

(Collectively referred to as, “The Services”).

You may register with Us on Our Platform if You want to avail of Our Services by providing Your name, class and contact details.

A dedicated account ID and password shall be provided to You, upon registration and payment of registration fees. You may use this account to attend classes and access any learning materials on the platform. The safety and security of Your account is Your sole responsibility and the Platform or the Company, is not liable for the same. If We notice any suspicious activity from Your account, We shall, at Our sole discretion, suspend or terminate Your account with immediate effect.

PAYMENTS AND REFUNDS

When you are enrolling into Smavy, an invoice for the purchased classes will be sent to you. The payment shall be made within 5 working days. You can make the payment to us via Stripe payment system. If your invoice remains unpaid for more than 10 working days after receiving the invoice, we shall at our sole discretion suspend or terminate your account on the platform.

If you wish to cancel your enrolment for future classes with Smavy, you will receive a full refund for the remaining classes. The discounts, however, will not be applicable for the classes already attended.

Classes will be held as per the schedule approved by the student/parent. Any requests for cancellation or rescheduling will be accepted only before 24 hours of the start of the class, after which the request window will close. The student will be marked as no-show and all no-show classes will be charged.

LICENSE

The Company offers you the usage of this platform in strict compliance of these Terms of Use. By agreeing to these Terms of Use, You shall be granted a worldwide, non-exclusive, non-transferable, revocable, limited license to access and make personal use of the information and Services offered through the platform. The Company at its sole discretion may terminate this license at any point of time and for any reason whatsoever. You agree that if you breach these Terms of Use that would constitute sufficient ground for the automatic termination of your license to use the platform, without any prior notice.

You agree that in the event of such termination, you shall destroy all copies of materials which you may have accessed while obtaining Services through the platform. Failure to do so shall be construed as infringing the Company’s copyright and the Company shall then at its sole discretion may pursue any legal remedies. You agree, that you only possess a limited license to use the platform. You do not hold any intellectual property right over the platform or any content that You access through the same.

SYSTEM REQUIREMENTS

The Services offered through the platform requires compatible devices, internet access and the installation of certain software on your computer/laptop/tablet/phone. When you purchase Our Services, You agree that You meet the given requirements of compatible devices, a working internet connection and install the necessary software. You also agree that certain updates or upgrades would be required to ensure smooth running of the Services and shall constantly check Your system for any required updates/upgrades. Such system requirements are not included within the fee charged for the Services and You shall procure the same at Your own expense.

PROHIBITED USES

By using and accessing this platform you agree that:

  1. Your usage of any content available on the platform is not, either willfully or otherwise, in non-compliance with any applicable law, rules or regulations. (national, international or local)
  2. Your usage of this platform shall not be in such a manner so as to adversely affect, impair, disable, infect or overburden any of the Company’s servers, computer systems, networks or any other components which are deployed to provide You a seamless service.
  3. Your usage of the platform shall not interfere with any third-party’s use and enjoyment of the platform.
  4. You shall not modify or alter the content posted or available on the platform.
  5. You shall not copy, reverse engineer, compile or commercially or otherwise re-use (including but not limited to selling, renting, leasing, distributing) the content which you may have downloaded as a user of this platform.
  6. You shall not send any offensive messages to other users of the Service or Platform.
  7. You shall not without express written consent of the Company make any use of any trademarks, logos or graphics displayed or used on the platform for any purpose whatsoever.
  8. You shall not use the network of this Platformor the e-mails you may have obtained from this platform for the purposes of any advertising, promotions or marketing campaigns.
  9. You shall not upload any content which may be violative of any third-party’s intellectual property or is obscene, pornographic, blasphemous, libelous, pedophilic or otherwise illegal or prohibited in any manner whatsoever.

If you are found violating any of the aforementioned restrictions, You agree that, it will be a just and fair action on the Company’s part to initiate legal proceedings against you and permanently terminate Your access to the Services and the platform.

CONSENT

You give Your informed and voluntary consent for the following:

  1. Collection of Your personal data for the purposes of providing You Services.
  2. Receiving communications from the Company, its employees, consultants and agents, for the purposes of informing You about any promotional offers or new courses.
  3. Receiving communication from Our mentors who would provide one-on-one mentorship to You.
  4. Recording of Your responses on live classes and on quizzes and tests for the purposes of analyzing and improving Your performance.

DATA PROTECTION

You agree that You have read and understood in full, the terms of the privacy policy published and displayed on the platform.  You agree that you are in know of the following and consent to the same:

  1. The data being collected by the Company.
  2. The purpose for which the data is being collected.
  3. The entities which may process the data.

INTELLECTUAL PROPERTY

You agree that any Services offered, software used, content posted or made available or any other such functionalities which may be connected or associated with the platform are the intellectual property of the Company. You agree to keep all information pertaining to these confidential at all times. You further agree that you shall not modify, re-sell, reuse, license out, distribute or use the intellectual property of the Company in any unauthorized manner. Any use of the intellectual property of the Company shall be made only upon an express written authorization and consent of the Company. Any violation of this term shall be considered to be a material breach and the Company is free to pursue any legal remedy it deems fit for the enforcement and protection of its rights. Further information about Our Intellectual Property Rights can be found in Our Copyright Policy, which has been incorporated in these Terms of Use, by reference.

TRADEMARKS

You agree that all the trademarks, logos and service marks displayed on the platform and on the content provided to You are property of the Company. Any unauthorized use of the same shall be treated as infringement or passing off. Nothing on the Platform shall be interpreted as granting any form of authorization or license, express/implied, written/unwritten, to any individual to use any trademarks belonging to the Company.

COPYRIGHT NOTICE

All content published or displayed on the platform is the copyright of the Company. You agree that any form of copying, distribution or using for any other purpose of such content without an express written permission of the Company shall be treated as copyright infringement.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL USE THIS PLATFORM AT YOUR SOLE RISK. ALL CONTENT AND SERVICES WHICH YOU ACCESS AND USE ARE SOLELY ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY POSITIVE REPRESENTATIONS OR WARRANTIES REGARDING ANY PROFESSIONAL OR CONSULTANT, INCLUDING, WITHOUT LIMITATION, SUCH PROFESSIONAL OR CONSULTANT’S ABILITY TO BRING OUT A DESIRED RESULT.THE COMPANY DOES NOT GUARANTEE ANY CONTENT OR SERVICES OFFERED OR PROVIDED ARE ACCURATE OR COMPLETE. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES OFFERED WILL BE ERROR-FREE OR UNINTERRUPTED. THE COMPANY DOES NOT PROVIDE ANY WARRRANTY EXCEPT THOSE EXPRESSLY STATED IN THIS AGREEMENT.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and any of its affiliates, employees, contractors, professionals and consultants (“The Indemnified Party)   from and against any claims, damages, cost, liabilities and expenses (including, but not limited to, legal expenses) arising out of Your a) Breach of any applicable law b) Illegal or prohibited use of the Platform d) breach of any intellectual property or confidentiality obligations.

LIMITATION OF LIABILITY

You further agree, that the Company shall not be liable for any direct, indirect, consequential or remote damages in connection with these Terms of Use. The Company shall also not be liable for any damages that may arise as a result of your misuse of the platform or your breach of the obligations of these Terms of Use.

  SEVERABILITY

If any provision of these Terms of Use becomes invalid or unenforceable due whatsoever reason, such invalidity or unenforceability shall not lead to the entire agreement becoming unenforceable. The unenforceable or invalid portion shall be deemed to be severed from these Terms of Use without affecting the validity of the entire Terms of Use.

THIRD-PARTY BENEFICIARY

Parents of children who access Our Services shall be deemed to be third-party beneficiaries of the Services and shall be bound by these Terms of Use, privacy policy and other such policies as displayed on Our Platform.

GOVERNING LAW AND JURISDICTION

All matters, claims and any other such issues which may directly or indirectly arise from or in connection with these Terms of Use shall be governed under the laws of India. The courts at Chennai shall have the sole and exclusive jurisdiction to hear all matters, claims or any such issues which may directly or indirectly arise from or in connection with the Terms of Use.

 

QUESTIONS AND GRIEVANCES

If you have any queries regarding these Terms of Use, you may contact us at: hello@smavy.com

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