PLEASE READ THE WEBSITE TERMS, PRIVACY POLICY, AND THE REFUNDS POLICY CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY SERVICE. IF YOU DO NOT AGREE WITH THE WEBSITE TERMS, PRIVACY POLICY OR THE REFUNDS POLICY, PLEASE DO NOT USE THE WEBSITE.

This page sets out the terms and conditions (the “Website Terms”) which govern the use of the website and the privacy policy in connection with the Website is available at  the “Privacy Policy” and refunds policy in connection with the Website is available at the “Refunds Policy”, each of which you shall be deemed to have read, understood and consented to of your own free will.

The Website (i.e., https://eduquest.courses/) is owned and operated by BEYONDÕ GLOBAL SERVICES LLP, (hereinafter referred to as “we”, “us”, “our”, “Firm” or “BEYONDÕ”) and referred to and recognized by its trade name “EDUQUEST”. The Firm is a Limited Liability Partnership registered under the Limited Liability Partnership Act, 2008, bearing registration number ACE – 5325 and having its registered office at D2, Level 1, Anmol Palani, No.88, Gopathi Narayanaswami Chetty Road, Thygarayanagar, Chennai, Chennai, Tamil Nadu, India, 600017.

The Website Terms, Privacy Policy and the Refunds Policy are between the Firm and users of the Website (hereinafter referred to as “you”, “your” or “User”) and describe the terms on which the Firm offers you access to the Website and the services availed and courses purchased through use of the Website (the “Services”). Please read the Website Terms, Privacy Policy and the Refunds Policy carefully before using the Website.

We reserve the right to modify/update the whole or any part of the Website Terms, Privacy Policy, Refunds Policy and other policies in connection with the Services and at any time without providing prior notice to you. It is your responsibility to review the Website Terms, Privacy Policy and the Refunds Policy, periodically and every time you wish to use the Website for modifications/updates. Your continued use of the Website will mean that you accept and agree to be bound by such modified/updated Website Terms, Privacy Policy and the Refunds Policy, as applicable. As long as you comply with the Website Terms, Privacy Policy and the Refunds Policy, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.

In case of non-compliance with the Website Terms, Privacy Policy and Refunds Policy, we shall have the right to terminate your access or usage rights to the Website and services of the Firm. You shall review the Website Terms, Privacy Policy and the Refunds Policy and other such policies at least once every 6 (six) months.

BINDING CONTRACT

The Website Terms, Privacy Policy, Refunds Policy and other policies hosted on the Website constitute the entire contract between the User(s) and the Firm with respect to the Services (or any of them), superseding any prior written or oral contracts in relation to the subject matter herein. By installing, browsing and/or using any of the Services, including the purchase of the courses/products through the Website, you signify your acceptance of the Website Terms, Privacy Policy, Refunds Policy and other policies hosted on the Website, which takes effect on the date on which you install, browse and/or use the Services (or any of them), and create a legally binding arrangement to abide by the same. By accepting Website Terms, Privacy Policy, Refunds Policy, you also accept and agree to be bound by the Firm policies, as amended, from time to time.

You expressly understand and agree that: (1) your use of this Website and the Services and materials provided at the Website are at your sole risk, and (2) the materials may contain inaccuracies and typographical errors.  The Firm, its affiliates and service providers do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on the material or any opinion, advice, statement, memorandum, or information shall be at your sole risk. Further, such  material or any opinion, advice, statement, memorandum, or information may be subject to upgradation, as and when required and therefore, some functions and features may not be fully operational during those periods.

You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Website or any portion of it unless expressly permitted by the Firm in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by the Firm in advance. The Firm reserves the right to refuse service, terminate accounts, and/or cancel subscriptions/orders in its discretion, including, without limitation, if the Firm believes that subscriber’s/customer’s conduct violates applicable law or is harmful to the Firm’s  interests or in violation of these Website Terms.

The Firm, its affiliates and other third-party service providers reserve the right, in their sole discretion, to correct any errors or omissions in any portion of the Website. We use reasonable efforts to provide you with accurate information. We reserve the right, however, to make corrections and/or changes should this information prove to be inaccurate. The Firm, its affiliates and third-party service providers may make any other changes to the Website, the materials and the products, programs, services or prices (if any) described in the Website at any time without notice.

This Website, the Services, information and materials on the Website as well as any software made available on the Website, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non infringement, or fitness for any particular purpose. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. Nothing herein shall to any extent substitute for the independent investigations and the judgment of the User(s).

If you are a minor, i.e., under the age of 18 (eighteen) years, you may use the Website under the supervision of a parent or legal guardian who agrees to be bound by the Website Terms, Privacy Policy and other policies of the Firm.

INTELLECTUAL PROPERTY RIGHTS

Other than the content you own, under these Terms, the Firm and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website. Access to the Website does not authorize you to use any name, logo or mark of the Firm in any manner.

RESTRICTIONS

You are specifically restricted from all of the following:

• publishing any Website material in any other media;
• selling, sub licensing and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is or may be damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to
• the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
• using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being accessed by you and the Firm’s team may further restrict access by you to any areas of this Website, at any time, in its own absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

YOUR CONTENT

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant the Firm a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. The Firm reserves the right to remove any of Your Content from this Website at any time without notice.

THIRD PARTY SITES

As a convenience to you, the Firm may provide, on this Website, links to sites operated by other entities. If you use these sites, you will leave the Website. If you decide to visit any linked site, you do so at your own risk, subject to that site’s terms and conditions of use and privacy policy that may be different from those of the Website. It is your responsibility to take all protective measures to guard against viruses or other destructive elements you may encounter on these sites. The Firm make no warranty or representation regarding, and do not endorse, any linked sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Firm, its affiliates or the Website sponsors, endorses, is affiliated or associated with, or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of the Firm or any of its affiliates.

Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, the Website, the information, or any third-party site linked to the Website. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

PRIVACY POLICY

Please read Privacy Policy available on the Website.

NO WARRANTIES

This Website is provided “as is” and the Firm expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

USER WARRANTIES AND RESTRICTIONS

You represent and warrant that:

• (a) your use of the Website and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with the Website and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
• You will use the Website for lawful purposes only and will not undertake any activity that is harmful to the Website or its content or otherwise not envisaged through the Website. You have a limited license to access and use the Website solely for the purpose of availing the Services, subject to these Website Terms.
• You will not do any of the following:
• Delete or modify any content on the Website, including but not limited to any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
• Decompile, reverse engineer, or disassemble the content on the Website;
• Use the Services in any way that is unlawful, or harms the Firm or any other person or entity, as determined in the Firm’s sole discretion;
• Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Website;
• Make false or malicious statements against the Services, the Website/ or us;
• Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Website and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and/or the Services;
• Introduce any trojans, viruses, any other malicious software, any bots or scrape the Website for any information;
• Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
• Hack into or introduce malicious software of any kind onto the Website;
• Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
• Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “phishing” as those terms are commonly understood and used on the internet.
• You are aware that you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing on or through the Website, any information that:
• belongs to another person and to which you do not have any right;
• is libellous, abusive, threatening, offensive, harmful, harassing on the basis of gender, racially or ethnically objectionable, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting, hateful, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intend to incite violence or otherwise violates any law or right of any third-party in any manner whatsoever;
• harms 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 about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;
• impersonates or defames 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;
• 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 other nation;
• is in the nature of an online game that is not verified as a permissible online game; or
• is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game, or any illegal loan, or betting.

GENERAL TERMS

The Firm may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time without notice. The Firm may also impose limits on certain features and services or restrict your access to all or parts of the Website without notice or liability. The Firm may terminate the authorization, rights and license given above.

If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Website Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Website Terms, and the remainder of the Website Terms shall continue in full force and effect. In the event of termination, the disclaimers and limitations of liabilities set forth in the Website Terms will survive.

We may subcontract any part or parts of the Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under the Website Terms, Privacy Policy and the Returns and Replacements Policy without your consent or any requirement to notify you.

Users shall not use or launch any automated system or program in connection with the Website or its online ordering functionality.

Users shall not collect or harvest any personally identifiable information from the Website, use communication systems provided by the Website for any commercial solicitation purposes, solicit for any reason whatsoever any Users of the Website with respect to their submissions to the Website, or publish or distribute any vouchers or codes in connection with the Website, or scrape or hack the Website.

No delay or failure on our part to enforce our rights or remedies under the Website Terms, Privacy Policy and the Returns and Replacements Policy shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

The rule of construction, if any, that a contract should be interpreted against the parties responsible for the drafting and preparation thereof shall not apply.

All dealings, correspondence and contacts between us shall be made or conducted in the English language.

Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

LIMITATION OF LIABILITY

In no event shall the Firm, nor any of its officers, Partners and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  The Firm, including its officers, Partners and employees shall not be held liable for any direct, indirect, consequential or special liability arising out of or in any way related to your use of this Website. 

INDEMNIFICATION

You hereby indemnify to the fullest extent the Firm its officers, Partners and employees, from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

EVENTS BEYOND OUR CONTROL

The Firm will not be liable for any non-compliance or delay in compliance with any of the obligations the Firm assumes under a contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond the Firm’s reasonable control, including, among others, the following:

• Strike, lockout or other forms of protest.
• Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
• Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. The Firm will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the contract despite the situation of Force Majeure.

SEVERABILITY

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

VARIATION OF TERMS

The Firm is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

ASSIGNMENT

The Firm is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, all the services provided to you through your use of the Website of the Firm is solely for you and you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the Firm and you in relation to your use of this Website and supersede all prior agreements and understandings.

VIRUSES AND WEBSITE AVAILABILITY

There is always the possibility of unknowingly acquiring computer viruses on the Internet and thus we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the internet. The Firm and its affiliates are not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to the Website. You, and not the Firm or its affiliates, assume the entire cost of all necessary servicing, repair, or correction related to computer viruses.

The Firm assumes no responsibility, and shall not be liable for, any damages caused by viruses, trojans or any other form of malware, adware and other malicious programs that may infect your computer system, mobile phone or any hardware or software used by you to access or use the Website or your account on the Website and which may have an adverse impact on your experience of browsing the Website.

If you are dissatisfied with the Website your sole remedy is to discontinue using the Website. You are expected to use adequate anti-virus software and firewalls in your device to guard against possible attacks by all kinds of malicious software. Further, the Firm shall not be responsible for any delays or failures you may have in initiating, conducting and completing any transactions in connection with the Services.

Any information disclosed or uploaded by you is at your own risk. The Firm shall not be responsible in any manner for any direct, indirect, special or consequential damages, howsoever caused/arising out of any loss of such information provided to the Firm.

The Firm reserves the right to modify, suspend or withdraw the whole or any part of the Website or any of its contents at any time without any notice or liability.

CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS

By downloading and/or using the Website, you consent to receiving communications, notices and information from us electronically, whether sent by e-mail or through other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication at the email address/mobile number provided by you and maintained in our records, or when we post the electronic communication on the or the Website. Further, you agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by you. By accessing and using the Website and/or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.

USAGE CONDITIONS

By using any of the Services you agree and acknowledge that:

• You will use any or all of the Services provided by the Firm only for the purposes that are permitted by (i) the Website Terms, Privacy Policy and the Refunds Policy, and (ii) any applicable law and not for any fraudulent purposes or with a view to cause nuisance, annoyance or inconvenience.
• You will not copy or distribute the Website or other the Firm
• All the calls made to the Firm will be recorded by the Firm for quality and training purposes.
• You are solely responsible for any breach of the Website Terms, Privacy Policy and the Returns and Refunds Policy and for the consequences resulting from such breach (including any loss, damage or expense suffered or incurred by the Firm or its affiliates/business partners/vendors).
• You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
• You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

GOVERNING LAW & JURISDICTION

This Agreement shall be governed in accordance with the laws of India. Subject to the Dispute Resolution clause below, the courts in Chennai, Tamil Nadu shall have the exclusive jurisdiction over all matters of dispute in respect of or arising pursuant to this Agreement.

DISPUTE RESOLUTION

Any dispute arising out of or in connection with this Agreement shall be first discussed between you and the Firm, who shall try to settle the issues amicably. In the event an amicable settlement is not arrived at between the Firm and you within a period of 30 (Thirty) days of notice of dispute, the dispute shall be referred to and finally resolved by arbitration as provided below.

Any dispute which cannot be settled amicably as provided for above, that is arising out of or in connection with this Agreement including any clause regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Chennai. The arbitral tribunal shall consist of one member who shall be jointly appointed by you and the Firm. The arbitrator shall make a reasoned award (the “Award”) and such award shall be final and binding on the both you and the Firm.