Introduction: www.avidlearning.in (‘Website’)
is an internet based website owned, operated and managed by [Essar –
Avid Learning] (‘Company’ or ‘we’ or ‘us’), a company incorporated under the
laws of India, with its registered office at Essar House, 11 KK Marg,
Mahalaxmi Mumbai 400034.
Through the Website, the Company shall provide you (“User”) cultural, arts, heritage, educational programmes, events and courses related information, pricing, availability and reservations for such events, programmes and/or courses throughout India (“Service”). In using/accessing the website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (‘User Agreement’), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at email@example.com or call us on +919769937710 We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website.
Additionally, any external service provider may provide terms and guidelines that govern particular features, offers or operating rules applicable to each Service (ie, tickets, vouchers, combo’s etc). The User shall be responsible for ensuring compliance with the terms and conditions or operating rules of such external service providers.
Ownership of rights: Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of the Company. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by the Company. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.
Eligibility to use: Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your access/account and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership/account has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any services referred to in the materials on this Website are available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will not be liable for any claims relating to any products/services ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receive an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. Except where additional terms and conditions are provided which are service specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
Limitations of Use:
You shall not use the Website for any of the following purposes:
· Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
· Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
· Gaining unauthorised access to other computer / network systems.
· Interfering with any other person’s use or enjoyment of the Website.
· Breaching any applicable laws.
· Interfering or disrupting networks or websites connected to the Website.
· Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
. You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that belongs to another person and to which you do not have any right to;
· is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
· harm minors in any way;
· infringes any patent, trademark, copyright or other proprietary rights;
· violates any law for the time being in force;
· deceives or misleads the addressee a or menacing in nature;
· impersonate another person;
· contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
· threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
You are also prohibited from:
· violating or attempting to violate the integrity or security of the Website or its content;
· transmitting any information (including posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the products sold/services provided by us;
· intentionally submitting on the Website any incomplete, false or inaccurate information;
· making any unsolicited communications to other users of the Website;
· using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
· attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
· copying or duplicating in any manner any of the content on the Website or other information available from the Website;
· framing or hotlinking or deeplinking any content on the Website.
Limitation of Liability and Disclaimers: The Website and its Services are provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website. The Website may provide content from other Internet websites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our external suppliers shall not be liable for any indirect, incidental, special, 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, its product and related services or this User Agreement. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the services ordered/purchased by you. The Company, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. We assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website. The Images contained in this website is for general information purposes only. The said images have been sourced through the various open sources available in general on the world wide web(w.w.w.). If we have added any matter or lent an artistic addition to these images then such revised images would be the Copyright of our Company. We endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the images or the information, products, related services or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the images and content available on the website. Every effort is made to keep the website up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Links to third party sites: The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company or the Website and the Company is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Company is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Company or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Use of Communication Services: The Website may contain services such as email, chat, Whatsapp, bulletin board services, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other messages (“Communication Services”). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and materials that are proper and related to the particular Communication Service.
The User agrees and undertakes that when using a Communication Service, the User will adhere to the Limitations of Use mentioned above.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted through Communication Services and to remove any materials in its sole discretion. Company reserves the right to terminate the User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.
1. Online Payment (through RazorPay): We accept Visa, MasterCard, RuPay cards, GPay, UPI
2. Net Banking:
You can also send us your payment through an online transfer, details mentioned below:
Essar corporate services
Bank - Kotak Bank
IFSC code - Kkbk0000634
3. We also accept card or cash payments for walk-ins on the day of the event subject to availability.
If you do not receive a confirmation number (in the form of an email) after submitting payment information, or if your experience an error message or service interruption after submitting the payment information, it is your responsibility to confirm the same with the customer service department. Only you may be aware of any problems that may occur during the purchase process. Company will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Refunds & Exchanges-
Tickets once purchased cannot be cancelled and no refunds will be provided under any circumstances. You may however reach out to the customer service department and request for exchanging the ticket with another event/programme or course. The same will be entertained at the sole discretion of the Company and subject to availability in such event/programme or course.
Cancelled/ Postponed Events/Programmes-
Occasionally, events, programmes or courses are cancelled or postponed due to unforeseen circumstances. Should this occur, the Company will attempt to contact you and offer an exchange to another event, programme or course as the case may be.
Termination/Access Restriction: Company reserves the right, in its sole discretion, to terminate the access to the Website and the related services or any portion thereof at any time, without notice.
Indemnity: We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any service or any of the information contained in any of the product on this Website. You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Promotional Communications: “We may also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the “unsubscribe” link in any email that we send to you or register as a Do Not Disturb user. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. In case of any clarity you can contact our Customer support service”.
Financial Details: You agree, understand and confirm that the credit / debit card details or other financial details provided by you for purchasing our product on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.
Website feedback, user comments and user generated content: All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark: We and our suppliers expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission. You may not modify, distribute or re-post anything on this Website for any purpose. The Company names and logos and all related product names, design marks and slogans are the trademarks or product marks of the Company. No trademark or product mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark which appear on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the ‘Contents’) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of the Company and protected by Indian and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content on this Website is strictly prohibited. Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, our affiliates are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of the Company and is also protected by Indian and international copyright laws. We don’t offer any counterfeit goods containing a trademark or logo that is identical to or substantially indistinguishable from the trademark of another.
Termination: This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through an email or un-subscription, that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to the Company. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
Force Majeure: In the event of us being rendered unable by Force Majeure to perform any obligation required to be performed by us under this Agreement at any time during or after the order has been placed and/or after the transaction has taken place, our relative obligation which is affected by such Force Majeure shall, upon notification to you be suspended for the period during which such cause lasts. The notification may be via announcement on the website and / or personal communication via email, if we decide it is necessary.
The term "Force Majeure" as employed herein shall mean Act of God, floods, tempest, war, civil riot, pandemic, epidemic, fire and Acts, Rules and Regulations of respective government of Parties namely, we and you, directly effecting the performance of the obligations under this User Agreement.
Time for performance of the relative obligation of the respective Party suspended by the Force Majeure, shall then stand extended by the period for which such cause lasts. The same will not be considered as termination and / cancellation by you unless the order is specifically cancelled by you within the time frame as informed to you at the time of placing the order.
Governing Law: This Agreement shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and all disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.
Entire Agreement: If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/product sale and related services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/ product sale and related services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Contact Information: If any User has any grievance, comment, question or suggestion regarding any of our Website/ product and related services, please contact our Grievance Officer, who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by:
· Sending a letter marked to the attention of Grievance Officer, firstname.lastname@example.org
· Sending an email to email@example.com