TERMS OF USE
These Terms & Conditions (“Terms of Use”) of
- use of our website variclass.varibute.com (“Website”), our applications (“Application”) or any products or services in connection with the Application/, Website/products (“Services”) or
- any modes of registrations or usage of products or services
are between VariClassTM, A Division of Varibute Services Pvt Ltd having its principal place of business at #701, Tower 6, The Close South, Nirvana Country, South City 2, Gurgaon 122018, Haryana, India (hereinafter referred to as “Company/We/Us/Our”) and its users acting on their own or acting as a guardian on behalf of a minor or acting on behalf of a company or legal entity (hereinafter referred to as “User/You/Your”).
This electronic record is prepared in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of variclass.varibute.com website and mobile responsive application and the product, services, and content therein.
DEFINITIONS
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean Educator/Teacher, Service Provider, Students, Students through Legal or Natural Guardian, if student is minor, any Natural Parent/Guardian or Legal Guardian/Person who has agreed to use the computer website variclass.varibute.com.
The terms “You” or “User” or “Student” shall mean Students, Students through Legal or Natural Guardian, parents of students, Legal and Natural Guardian of students who are maintaining the log in account/ student account or registered with variclass.varibute.comwebsite by sharing personal information for taking Teaching Services, Non-Teaching Services or other services that are being provided by the Service Provider through website/platformvariclass.varibute.com.
The terms “You” or “User” or “Educator” /“Teacher” or “Service Provider (Service Provider may include Educators, Lecturers, Vocational Trainers, Trainers, Special Educators, Psychological Counselors &Career Counselors) ” shall mean any natural or legal person who has registered with VariClass in order to provide Teaching and Non-Teaching services (Non-Teaching Services may include Training, Vocational Training, Experiential Learning, Special Counseling, Career Counseling and Counseling for students, teachers and parents) and shall be allowed to teach or give teaching services or non-teaching services only with the consent and in the knowledge of VariClass , such person must be an experienced Teacher having minimum experience of 5 yrs in teaching and must possess the said knowledge but must have completed B.Ed or any equivalent course from recognized college/institute of India or have minimum experience of 5 yrs in teaching in recognized school or teaching students in relating to the work which “You or “Educator”/Teacher or Service Provider” has offered through website variclass.varibute.com.
The term “We”, “Us”, “Our”, “VariClass”, “Company” shall mean Varibute Services Pvt. Ltd.
TERMS OF USE
Welcome to VariClass entry at any page of website/application variclass.varibute.com or home page explains the terms by which you may use our online and/or mobile services, website, API, product, services, content and software provided on or in connection with the service (collectively the “Services”).
By accessing or using the Services, you signify the confirmation that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection, whether you are a registered user of our Services or not.
These Terms of Use govern your access to and use of the Website/Application and Services (defined above) and constitute a binding legal agreement between you and VariClassTM.
The user further accepts to allow Varibute Services Pvt Ltd to reach them through Call, SMS, Email, Whatsapp for providing existing products and services and for providing information on new products and services and such communication will supersede the registry of NDNC & DND as per the regulation of TRAI under the guidelines of TCCPR.
If the User does not agree with any part of such terms, conditions, and notices as stated in this Agreement in any manner, the User must not access the Website and its Services.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
VariClass reserves the right to make unilateral modifications to these terms and without notice of such changes without assigning any reason to you or Users.
This agreement applies to all visitors, users, service providers, customers, and others who access our Services (“Users”).This Website User Agreement along with the Privacy Policy lays out the terms and conditions and rules, as may be amended and supplemented, from time to time (hereinafter referred to as the “Agreement”) which shall be applicable to the access and use of the website/application of VariClassTM,i.e. variclass.varibute.com (“Website”/”Application”) by you, the visitor/ user (“User”) of the Website/Application.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION AND CONFIRM AGREEMENT BY CLICKING ACCEPTANCE OF TERMS OF USE
- LIMITED USER
- The User agrees that given the nature of the Internet, even though the Website is targeted to Indian Residents only, but it may be accessed in other parts of the world.
The material/information on this Website is not intended for use by persons found in, or residents in countries that restrict the distribution of such material/information or by any person in any jurisdiction where distribution or use of such material/information or usage or access of Website will be contrary to law or any regulation. It shall be the responsibility of every User to be aware of and fully see the applicable laws and regulations of the jurisdiction which User is subject of.
- If the User is not an Indian resident and yet uses this Website, he acknowledges, understands, and agrees that he is doing so on his own initiative and at his own risk and VariClassTM shall not be liable for violation/breach of any of the laws applicable to usage of the Website. The Website is not to be and should not be construed as purporting to offer or inviting to offer any information to residents of countries where VariClassTM is not licensed or authorized to perform activities related to its goal.
- The User further agrees and undertakes not to reverse engineer, change, copy, distribute, send, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services, or intellectual property obtained from the Website in any manner whatsoever. Reproduction, copying of the content for commercial or non‐commercial purposes and unwarranted modification of data and information within the content of the Website is strictly not allowed without prior written consent from VariClass and/or third-party owners.
- However, some of the content of our services or other files may be made available for download from the website which is allowed to be copied and/or used only for personal purposes of the User. The User and/or any third party is prohibited from running or displaying this Website and /or information displayed on this Website on any other website or frames, without prior written consent from VariClassTM.
- USER ELIGIBILITY
- Use of the Site, Application and Services is available only to persons who can form legally binding contracts under Indian laws.
- The Website/Application, Product and Services are intended solely for persons who are 18 years of age or older.
- If you are below 18, thenyour parent or guardian form legally binding contract for their child’s account. If you are a minor then your Natural Parent or Legal Guardian open your account and help you avail the courses, content and product and services of the Website that are right for you.
- In the event a minor uses the Application/Website/Services, it is assumed that he/she has obtained the consent of the Natural Parents or Legal Guardian and such use is made available by the Natural Parents or Legal Guardian. VariClassTM will not be responsible for any consequence that arises because of misuse of any kind of the Website/Application, Products and Services that may occur by virtue of any person including a minor registering for the Services/products provided.
- By using the Website/Application, Products and Services Users warrant that all the data provided by them is accurate and complete and that the student using the Application has obtained the consent of a parent/legal guardian (in case of minors).
- Any persons under the age of 18 (eighteen) should seek the consent of their Natural Parents/Legal Guardians before providing any information about themselves.
- VariClassTM reserves the right to terminate subscription and / or refuse to provide with access to the products or Services if it is discovered that for a User under the age of 18 (eighteen) years the consent to use the products or Services is not made by Natural Parent/Legal Guardian or any information provided is inaccurate.
- Users, their Natural Parents /Legal Guardian if users are minors acknowledge that VariClassTM does not have the responsibility to ensure that Users conform to the previously mentioned eligibility criteria. It shall be User’s sole responsibility to ensure that they meet the required qualification.
- The use of the Website, Application, Products and Services is also not available to persons whose membership has been suspended or terminated by VariClassTM for any reason whatsoever.
- USER REGISTRATION
- All Users can access the Website/Application, Product and Services only after registration of their account with VariClassTM.
- To use the Services provided on the Website and Application, it is mandatory to create an account. A User may create an account on the Website/Application which shall collect only basic confidential information. To create an account, Users need to choose a username and password.
- User is responsible for safeguarding their password. You agree that you will not disclose password to any third party and that you take sole responsibility for any activities or actions under your VariClassTM Account, whether youhave authorized such activities or actions. You agree
- to ensure that you successfully log out from your account at the end of each session
- that if there is reason to believe that there is likely to be a breach of security or misuse of your account, VariClassTM may request you to change the password or may suspend your account without any liability, for such period as deemed appropriate in the circumstances. VariClassTM shall not be liable for any loss or damage arising from your failure to comply with this provision.
- you will immediately notify VariClassTM of any unauthorized use of your VariClassTM Account.
- At the time of registration, VariClassTM shall collect the personally identifiable information about You: Name - including first and last name, email address, mobile phone number and other contact details, demographic profile (like your age, gender, address, class, School Board, etc.,). Information collected about a Registered User/Member is subject to the Privacy Policy, which may be read as part of these Terms.
- You are solely responsible for protecting the confidentiality of your username and password collectively called login credentials and any activity under the account will be deemed to have been done by You. In the event a User supplies false/inaccurate details or VariClassTM has a reasonable ground to believe that false and inaccurate information has been furnished, VariClassTM holds the right to permanently suspend your account.
- To access the Website/Application, Product, and Services and to enroll for classes, courses, or purchase content, Student’s, if minor, Natural Parent /Legal Guardian must register him/her account to create an account ("VariClass Account ") and make him/her a Member/Registered User.
- To access the Website /Application and to teach classes, courses or create content an Educator/Teacher will also have to register their user account and an account (“VariClass Account”) will be created once verified and approved by VariClass for supplying services through the Website/Application.
- VariClass Account and VariClass Account profile page will be created for the use of the Website /Application based upon the personal information you/your Natural Parent or Legal Guardian (if minor) provide to us.
- You may not have more than one (1) active VariClassAccount.
- ‘User’ or You or your Natural Parent or Legal Guardian, if you are a minor, agree to provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.
- When you register your account, you will also be required to upload certain information, such as, uploading a profile picture or verifying phone number. While uploading picture you shall be responsible to upload picture or avatar picture which is suitable for any classroom setting and is appropriate public image. For students it is optional to upload such picture.
- If you register as an Educator/Teacher, you understand and agree that your relationship with VariClassTM is limited to being a User and an independent, third-party contractor, and not an employee, agent, joint- venture or partner of VariClassTM for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of VariClassTM. Educator/Teacher/Service provider through this website are not entitled and shall not claim any type of salary, commission, wages, provident fund & gratuity from Variclass and shall not file cases in Labour Courts in a capacity of labour/employee. As a registered user you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of VariClassTM, including by inappropriately using any VariClassTM intellectual property.
- Users acknowledge that their ability to use their account is dependent upon external factors such as internet service providers and internet network availability and VariClassTM cannot always guarantee accessibility to the Website/Application. In addition to the disclaimers set forth in the Terms, VariClassTM shall not be liable to a User for any damages arising from inability to log into their account and access the services of the Website/Application at any time.
- In case User want VariClassTM to contact him/her about the product or services, they are required to provide contact information such as but not limited to, Full Name, Mobile Number, Email etc.
- By accepting these Terms, you are giving your consent to receive a SMS/Call /mail from VariClassTM or representatives with reference to asked for inquiry even though you may be registered on the National Do Not Call Registry.
- VariClassTM reserves the right to suspend or terminate your VariClass Account and your access to the Website, Application, Product and Services if you create more than one (1) VariClass Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
- USER CONDUCT
- Users understand and agree that they are solely responsible for compliance with all laws, rules, regulations, and tax obligations that may apply to use of the Website/Application, Products and Services, and Content.
- In connection with your use of the Website/Application, Products and Services, and Content, you may not, and you agree that you will not:
- violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations.
- access or use Website Application, Products, Services, and content to expose or allow to be used or exposed, any VariClasscontent:
- that is not publicly displayed by VariClass in its search results pages or listing pages before an enrolment is confirmed.
- in any way that is inconsistent with the VariClass’s Privacy Policy or Terms of Service; or
- in any way that otherwise violates the privacy rights or any other rights of VariClass’s users or any other third party. including without limitation, their intellectual property, privacy, publicity, or contractual right
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability
- is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances
- is defamatory, obscene, pornographic, vulgar, or offensive misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
- hat dilutes, tarnishes, or otherwise harms the VariClassTM/ Varibute brand in any way, including through unauthorized use of any content, registering and/or using VariClassTM or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly like VariClassTM/Varibute domains, trademarks, taglines, promotional campaigns, or content.
- interfering with any other person’s use of the Website/Application, Products and Services or Content
- copy, store or otherwise access or use any information contained on the Website/Application, Products and Services or Content for purposes not expressly allowed by these Terms.
- register for more than one VariClass Account or register for an VariClass Account on behalf of an individual other than yourself, except in case where the parent is registering the account for their children or guardian for its ward(s).
- engage in disruptive, circumventive, abusive, or harassing behaviour in any area or aspect of Website/Application, Products or Services or contents.
- "stalk" or harass any other user of Website/Application, Products and Services or Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting/teaching/learning.
- contact another User for any purpose other than asking a question related to the Content, Courses, Classes, Listing, or the Member's use of the Website/Application and Products and Services.
- recruit or otherwise solicit any User to join third-party services or websites that are competitive to VariClass without VariClass's prior written approval.
- impersonate any person or entity or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
- interfere with or damage or corrupt Website/Application, Products and Services or content, including, without limitation, using backdoors, cancel bots, denial-of-service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, Trojan horses, viruses or similar methods or technologies.
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained on the Website/Application, Products and Services or content.
- systematically retrieve data or other content from our Website/Application, Products or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, using bots, crawlers, or spiders, or otherwise.
- access, tamper with, or use non-public areas of the Website/Application, Products or Services, VariClass's computer systems, or the technical delivery systems of VariClass’s providers.
- attempt to probe, scan, or test the vulnerability of the VariClass system or network or breach any security or authentication measures.
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by VariClass or any of VariClass's providers or any other third party (including another user) to protect the Website/ Application, Products, Services or Content.
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website/Application, Products or Services or Content to send altered, deceptive, or false source-identifying information. Access or use the Application/Website/Services/products in any manner that could damage, disable, overburden, or impair any of the Application’s/Website’s servers or the networks connected to any of the servers on which the Application/Website is hosted.
- intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application/Website/Services/products, violate any requirements, procedures, policies, or regulations of networks connected to the Application/Website/Services/products, or engage in any activity prohibited by these Terms.
- disrupt or interfere with the security of, or otherwise cause harm to, the Application/Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers, or networks connected to or accessible through the Application/Website/Services/products or any affiliated or linked sites.
- advocate, encourage, or assist any third party in doing any of the foregoing.
- use Website/Application, Products or Services or content to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.
- use Website/Application, Products or Services or content in connection with the distribution of unsolicited commercial email ("spam ") or advertisements unrelated to lodging in a private residence.
- use the Website/Application, Products, Services or Content to find a student or an Educator and then complete an enrolment of Classes or Courses independent of the Website/Application Products or Services, to circumvent the obligation to pay any Fees related to VariClass’s provision of the Products /Services or for any other reasons. If you do so, you acknowledge and agree that you:
- would be in breach of these Terms
- accept all risks and responsibility for such payment, and
- hold VariClass harmless from any liability for such payment.
- User acknowledges that VariClass has the right to monitor his/her access or use of the Website/ Application, Products and Services or content or to review or edit any user content for the purpose of operating and improving the Website/Application, Products and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
- User acknowledges that VariClass may access, preserve, and can disclose any of his/her information if required to do so by law, or in good faith that it is reasonably necessary to
- respond to claims asserted against VariClass or to comply with legal process (for example, summons or warrants),
- enforce or administer our agreements with users, such as these Terms,
- for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or
- protect the rights, property, or safety ofVariClass, its users, or public.
- Users acknowledge that VariClass reserves the right, at any time and without prior notice, to remove or disable access to any User for any reason, that VariClass, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or VariClass's then-current User Conduct and User Obligation Standards, Trademark & Branding Guidelines, or otherwise harmful to the Website, Application, Products and Services or for child safety or in larger public interest.
- Users acknowledge that VariClass has the right to fully investigate and prosecute violations of any of the above of the law. In addition, and as set in these Terms, VariClass may take a series of actions against the User(s), including but not limited to deactivating or cancelling VariClass Account, for a violation of this Section or these Terms of Use.
- USER OBLIGATIONS
- As a condition of access and use of the Website, the User warrants that he/she will not use the Website/application for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement.
- User warrants that the Website/application shall not be used in any manner, which could damage, disable, overburden, or impair it or interfere with any other party's use of the Website or infringe any intellectual property rights of VariClass or any third party.
- User (including teacher/Educator or any service provider) shall indemnify VariClass or its associates from any loss, damage, injury, court case (Civil or Criminal or both) & penalty due to their unlawful act or illegal act or any other act against public interest and public policy.
- By using the Website/Application, Products and Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or Members or other third parties shall be limited to a claim against the User/Member(s) or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from VariClasswith respect to such actions or omissions.
- By using the Website, Application or Services, Users agree that their use is solely for personal and non- commercial use. Any use of the Website/Application, Products and Services or contents beyond personal purposes is prohibited. The user shall not copy or download or use any contents or picture(s) for commercial use or for any illegal purpose, and if any user found to be using website violative of this clause 5.6 then the user is liable for the liquidated and unliquidated damages as well as the user shall indemnify the website/company/ VariClass or its director from any loss, damage, injury or criminal cases etc.
- As a Registered User you shall abide by all the terms of Conduct that have been laid out in this Terms of Use.
- By using the Website, Application, Products or Services, you agree that your personal and non-commercial use of this Website/Application, products and services for its content shall be subjected to the following restrictions:
- will not decompile, reverse engineer, or disassemble the contents of the Application /Website, Products and Services or Content or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website/Application , Products and Services or Content, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website/Application , Products and Services or Content
- make, transmit or store electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else.
- make available any content or material that you do not have a right to make available under any law or contractual or fiduciary relationship unless you own or control the rights thereto or have received all necessary consents for such use of the content.
- By submitting content on or through the Products and Services (your “Material”), you grant VariClass a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate your material with you, except as described below in 5.9
- You agree that others may use your material in the same way as any other content available through VariClass Website/Application, Products and Services. Other users of the Services may fork, tweak, and repurpose your Material in accordance with these Terms. If you delete Your user account, your Material and/or name may remain available through VariClass
- You shall have all obligations for the materials/content posted on the Website. VariClass shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right and any administrative approval of the material/content posted by you, you shall remain solely responsible for the content of the materials/content you post on the website and in your private messages.
- In no event shall VariClass assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from the use of content and/or appearance of content on the Website. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content infringes any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
- DISCLAIMER OF WARRANTIES
- This Website, the Application and the services are provided on an “As is” basis with all faults and without any warranty of any kind.VariClass has endeavored to ensure that all the information provided by it on this Website/application variclass.varibute.com is correct, but it neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information displayed on this Website/application and VariClass shall not be, in any manner liable for inaccuracy/error if any.
- VariClass makes no warranty, express or implied, concerning the Website/application, products, services, and/or its contents, or its video contents and disclaims all warranties of suitability/fitness for a particular requirement, purpose, accuracy, timeliness, performance, completeness, and non-infringement and warranties of merchantability in respect of information displayed and communicated through or on the Website/application, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the Website or the provisions of the Products and Services.
- VariClass Website/Application provides Users with access to curated, collected, compiled educational information, and related sources. Such information is provided on an “As Is” basis and VariClass assumes no liability for the accuracy or completeness or use or non-obsolescence of such information. VariClass shall not be liable to update or ensure continuity of such information contained on the Website. VariClass would not be responsible for any errors, which might appear in such information, which is curated, collected, or compiled from third party sources or for any unavailability of such information. VariClass Website/Application may also include links to other websites. These links are provided for user convenience to provide further information. They do not signify that VariClass endorses the website(s). VariClass has no responsibility for the content of the linked website(s).
- VariClass will create listing of various online classes, educators/teachers, courses, test series and the details about them, including, but not limited to, the subject, topic, number of sessions, mode of conduct, and time slots of the classes/courses, time required, marks and pricing and related rules and financial terms will be listed on the Website/Application. These listings are publicly available via the Website/Application. You understand and agree that
- placement or ranking within such listings in search results may depend on a variety of factors, including, but not limited to students’ preferences, ratings.
- students will be able to view online classes, educators/teachers, courses, test series on the website/application based upon the information provided in these listings but can customize for their requirements basis the students’ search parameters and preferences.
- Your use of any information or contents on this Website/Application and Products and Services is entirely at your own risk, for which VariClass shall not be liable. It shall be User’s own responsibility to check and ensure that Products and Services provided by VariClass meet his/her specific requirements.
- VariClass invites and encourages feedback from User to make the Website/Application and contents thereof error free and user friendly. Feedback can be provided through Contact Us Feature covered in this Terms of Use later.
- VariClass reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice.
- VariClass shall not be held responsible for non‐availability of the Website at any point in time for any reason whatsoever. The User understands and agrees that any material and/or data downloaded or otherwise obtained from VariClass through the Website/Application is done entirely at his discretion and risk and he will be solely responsible for any damage to his computer systems or any other loss that results from such material and/or data.
- VariClass acknowledges that the contents of the Application/Services/products are developed on the concepts covered in the structured curriculum prescribed by various boards. The usage of the Website/Application, Products and Services or Content is not endorsed as a substitution to the curriculum-based education provided by the educational institutions/Boards but is intended to supplement the same by explaining, revising, practicing, and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same.
- VariClass acknowledges that there are various means and methods of delivering structured curriculum pedagogy and inclusion of methods in the Application/Services/products does not imply endorsement of any method nor exclusion imply disapproval. Subscription to the Application or usage of VariClass Website/application, products and services does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
- 6.12. Some parts of the Website/Application are interactive, and encourage contributions by Users, which may or may not be subject to editorial control prior to being posted.
- VariClass accepts no responsibility or liability for any material communicated by third parties in this way.
- VariClass reserves the right at its sole discretion to remove, review, edit or delete any content.
- VariClass would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.
- VariClass has made efforts to train the personnel engaged in the sales and services relating to its products to make no warranties or representations beyond what is stated in Terms of Use. However, VariClass assumes no responsibility if such personnel behave deviant to their training. VariClasssupports immediate action from the affected users to report such behaviour. Any feedback from User(s) relating to same is most welcome and VariClass reserves the right and discretion to take any action in this regard.
- VariClass may conduct competitions daily or from time to time and you agree that if you participate in such competitions, it is voluntary and in accordance with the rules declared therein. If you qualify or are declared the winner then VariClass may release your details as the results of such competitions, and this shall not be considered disclosure of private and personal information and shall be considered exception to privacy policy to such extent only.
- VariClass is compatible only with certain devices/tablets/instruments/hardware. VariClass is not liable to provide workable products and / or services for every instrument and the obligation to secure computer/instrument to access VariClass lies with the users.
- VariClass shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from use of VariClass Website/Application.
- VariClass has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website/Application, Products and Services as it deems fit at any time without notice. Further, the Company has the right to amend these Terms from time to time without prior notice to You. The Company makes no commitment, 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 modification, suspension, or discontinuance of the Application/Services. All prices are subject to change without notice.
- User acknowledges that VariClass may disclose any Personal Information of User if that information is sought through a court order or by any lawful authority authorized to demand such information and by VariClass itself for public/national interest and safety.
- User acknowledges and accepts that in the event of any child abuse or compromise of child safety standards or student misconduct then VariClass shall make full disclosure, share video recordings and details required to any lawful authority authorized to demand such information for their required investigations.
- LINKS TO THIRD PARTY SITES
- VariClass may contain links to other websites or may contain features of any nature of other websites. The Linked Sites if any are not under the control of VariClass and VariClass is not responsible for the contents of any Linked Site, including without limitation any link or content or advertisement contained in a Linked Site, or any changes or updates to a Linked Site. VariClass is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. The inclusion of any link does not imply endorsement of any nature by VariClass or the Website of the Linked Sites or any association with its operators or owners.
- VariClass will be making calls and sending SMS through a third-party platform after the User's registration to provide information about our products and services. The User's registration means acceptance of the service.
- VariClass is not responsible for any errors, inclusions, omissions, or representations on any Linked Site, or on any link contained in a Linked Site. The User is requested to verify the accuracy of all information on his own before undertaking any reliance on such information of such products/ services that they believe may benefit the User.
- COMMUNICATIONS
- VariClass may, based on any form of access to any part of the Registration form or the Website/Application (including free download/trials) or Products and Services or Website or registrations through any source whatsoever, contact the User through SMS, email, WhatsApp, and call, to give information about its products and their features as well as notifications on various important updates and/or to seek permission for demonstration of its products and services. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail, WhatsApp and holds VariClass indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database.
- By registering yourself, you agree to make contact details available to VariClass/ their employees, associates, and partners so that you may be contacted for education information and promotions for VariClass through telephone, SMS, email, WhatsApp etc. Users can opt out from such communication by contacting the customer services team.
- Users may also be contacted by Service Providers with whom VariClass has entered a contract in furtherance of its rights, duties and obligations under this document and all other policies. Such contact will be made only in pursuance of such objectives of VariClass, and no other calls will be made.
- The sharing of the information provided by you will be governed by the Privacy Policy and VariClass will not give out such contact information of yours to third parties not connected with the Website/Application.
- PAYMENT
- To successfully access products and services the User can either use the direct payment mode or purchase credit points with VariClass which get applied to the respective products/services equivalent to the otherwise mentioned price of the same.
- Purchasing credit points allow the user/their natural parents /legal guardian to make the payment for the relevant classes or tests or question bank practice using the credit points within the VariClass so that there is no checkout each time a product and/or service is purchased.
- VariClass Credit Points and/or Products and Services can be purchased by any User through the following payment options are available on the Website/Application:
- Credit/Debit cards issued by banks and financial institutions that are part of the Visa and Master Card networks
- Wallet
- Netbanking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of purchase.
- UPI
- Paytm
- Google Pay
- As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card, the User will be required to submit his/her 16-digit card number, card expiry date CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider to complete the transaction.
- User’s credit and debit card information is not received, stored by, or retained by the VariClass Website/ Application in any manner. This information is supplied by the User directly to the relevant payment gateway, which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
- The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of Varibute Services Pvt Ltd
- User is further aware that in case of third-party statements, including bank and credit card statements, the merchant’s name may appear in an abbreviated format, and VariClass has no control over the same.
- CHILD SAFETY POLICY
- Child Safety policy is applicable to all persons and organizations associated with VariClass, including:
- All employees of VariClass, who maybe full-time or part-time employees, permanent or temporary employee, regular permanent employee or employed on contract
- All educators/teachers/members of VariClass who teach or impart any part of the VariCalss Products and Services
- Organizations and persons belonging to that organization, who may partner, volunteer and/ or work with VariClass in any capacity, even for a limited time period or job
- Children enrolled as students of VariClass and their natural parents or legal guardians who associate with the child in the registration with VariClass
- Children who may not be enrolled but are reached out through marketing or sales of the product and their natural parents or legal guardians who associate with the Child
- Any other person or organizations who associate with VariClass and their scope of work and activity under VariClass
- In instances and circumstances where VariClass may not have required control over the person alleged of any concern under this policy, including an instance of child abuse, VariClass shall provide the required cooperation, assistance and support to such parent or guardian of the affected child, in approaching any external, legal mechanism including the Police and/or the Courts, though VariClass is itself not personally liable in such instances.
- All stakeholders mentioned above and within the scope of this policy are obligated to adhere to the following child safety code of conduct:
- Expected Behaviour and Actions
- Listen to the child and, their views and opinions with a non-judgmental attitude
- Treat every child with empathy and respect regardless of his/her race, colour, gender, sexuality, religion, language, heritage, religious belief, social origin, or any point that discriminated a child
- Use only appropriate language, behaviours while interacting with children /students
- Use only appropriate language, behaviours in any online medium used under VariClass to communicate or teach the students/children
- Maintain an environment that enables students to learn and express their doubts and learning gaps
- Keep all personal information of children, their parents and guardians confidential and secure, such information shall only be shared with authorised individuals
- The live online classes and the content, including but not limited to audio visual content is age appropriate and culturally appropriate
- Prohibited Behaviours and Actions
- Taking photos or videos of students/children or inducing, requesting, or influencing them to send photos/videos offline or online is prohibited.
- Taking photos or videos of peer students /children or requesting them or influencing them to send phots /videos offline or online is prohibited.
- Do not develop, induce, or support any emotional, online/offline physical abuse or sexual relationship with students/children in any way
- Do not use or encourage the use of alcohol, drugs, cigarettes, or other intoxicating substance in any of your interaction with students / children
- Do not develop any form of relationship or arrangement with students/children including but not limited to financial, which could be deemed to be exploitative or abusive
- Do not share with or show students/children online/offline any inappropriate content including pornographic material or material that encourages crime, violence, racism, sexism, self-harm, suicide, cruelty
- Do not use language or behaviour towards children that is inappropriate, harassing, abusive, sexually provocative, demeaning, intimidating, discriminatory, or culturally insensitive
- REPORTING MISCONDUCT
If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to VariClass by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- PRIVACY
- To provide the products and services targeted to customer needs, VariClass will collect some of your Personal Information. VariClass’s use of your personal information is covered under our Privacy Policy . Please review this policy. You, by accessing the VariClass Website/Application, agree to the processing of your personal information as laid out in VariClass's Privacy Policy (as may be updated from time to time).
- You also agree that VariClass may disclose personal information provided to us, including the data entered into the Website, if required to by law or government request such as a warrant, or as specified in the Privacy Policy.
- You must be 18 years or older to use this service.
- You are responsible for preventing unauthorized access to your account.
- OWNERSHIP AND PROPRIETARY RIGHTS
- Except as specifically mentioned in these Terms, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, logos, images, graphics, video, script, and audio, contained in the VariClass Website/Application, Website, Services and Products are proprietary property of Varibute Services Pvt Ltd (“Proprietary Information”).
- No Proprietary Information may be copied, downloaded, recorded, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any way without obtaining prior written permission from VariClass and nothing on the Website/Application, Products and 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 VariClass, to the User.
- All the contents of the Website and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by VariClassTM or validly licensed to VariClass and are protected by applicable Indian and other intellectual property law. The User acknowledges, understands, and agrees that he shall not have, nor be entitled to claim, any rights in and to the Website content and/or any portion thereof.
- Certain contents on the VariClass Website/Application may belong to third parties. Such contents, if linked or reproduced by VarilClass, will be after taking prior consent from said party and all rights relating to such content will remain with such third party.
- Subject to your compliance with these Terms, VariClass grants you a limited, non-exclusive, non-transferable license, to access and view any VariClass products and services and content solely for your personal and non-commercial purposes and You have no right to sublicense the license rights granted in this section.
- You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Website/Application, Products and Services, or content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by VariClass or its licensors, except for the licenses and rights expressly granted in these Terms.
- VariClass may, in their sole discretion, permit you to post, upload, publish, submit, or transmit content. By making available any content on or through the Website/Application, Products and Services, or through VariClass promotional campaigns, you hereby grant to VariClass a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through or by means of or to promote or market the Website/Application, Products and Services.
- You acknowledge and agree that you are solely responsible for all content that you make available through the Website/Applications, Products and Services or through VariClass promotional campaigns. Accordingly, you represent and warrant that:
- any copyrighted or other proprietary content submitted on or through the Website/Application will be with the consent of the owner and will contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
- you either are the sole and exclusive owner of all content that you make available through the Website/Application, Products and Services or through VariClass promotional campaigns or you have all rights, licenses, consents, and releases that are necessary to grant to VariClass the rights in such Content, as contemplated under these Terms; and
- neither the content nor your posting, uploading, publication, submission or transmittal of the content or VariClass's use of the content (or any portion thereof) on, through or by means of the Website/Application, Products and Services or VariClass promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- You may own the medium on which the information, content or materials resides, but VariClass shall always retain full and complete title to the information, content or materials and all intellectual property rights inserted by VariClass on such medium.
- 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. While using content of any third party the user/teacher/educator must ensure that consent or license for use of such content has been taken.
- Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the VariClass Website, Application, Products, Services, and Content are used for identification purposes only and may be the property of their respective owners.
- Some of the content on the Website have been permitted by the third party/ies to be used by VariClass in such form and manner as may be desired by VariClass. If at any point in time any dispute is raised with respect to publication of such content, by any third party, VariClass shall be in its rights to remove such content or procure requisite consents from third party/ies.
- LIMITATION OF LIABILITY
- The user understands and expressly agrees that to the extent permitted under applicable laws, in no event will the VariClass or any of its affiliates or parent company or any of their respective officers, employees, directors, shareholders, agents, or licensors be liable to the user or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from the user’s use of or inability to use the website or any parts thereof.
- The User acknowledges that in no circumstances variclass.varibute.com as a whole or Varibute Services Pvt. Ltd. Or its directors promote or support any illegal activity through its platform and ensure the safety of their users and educate them to prevent any criminal activity or any loss, injury, damage to the reputation or assets. variclass.varibute.com as a whole or Varibute Services Pvt. Ltd. Or its directors always try to keep check on the activities of their users and work on safety of the users but variclass.varibute.com as a whole or Varibute Services Pvt. Ltd. Or its directors do not take responsibility and shall not be held liable (civil or criminal) for the act of any user on the website.
- If the User willfully involves variclass.varibute.com as a whole or Varibute Services Pvt. Ltd. Or its directors in any dispute, court case or criminal charge or civil dispute, where the said act is committed by any other user on the website and where variclass.varibute.com as a whole or Varibute Services Pvt. Ltd. Or its directors have taken all possible measures and precaution bonafide to prevent the said act then the User who involved variclass.varibute.com as a whole or Varibute Services Pvt. Ltd. Or its directors in any dispute, court case or criminal charge or civil dispute shall compensate to variclass.varibute.com as a whole or Varibute Services Pvt. Ltd. Or its directors for any loss borne by variclass.varibute.com as a whole.
- REFUNDS & CANCELLATION
- Under the VariClass application student users shall not have any option for rescheduling or cancel the session (one to one and one to many) and should choose the classes schedule available as per their convenience. Exceptions will be considered by the VariClass admin team in cases which require consideration on a case-to-case basis and same shall be handled on offline basis.
- Student users or their legal guardian/paretns are requested to contact VariClass team if the student is unable to take the class and in cases where there is genuine reason or inability to attend. VariClass will accommodate for reschedule request with educator where possible and depending on the request reasons, timing of the request and type of class schedule. Student users, their parents, legal guardians are requested to contact VariClass at least a day ahead of the class for such reasons. Once the class has begun on the VariClass system there shall be no refund possible.
- For any technical or educator connectivity reasons if the class session fails or is not possible then based on such cases consideration will be provided to the student for refund or reschedule if possible. Students are requested to contact us on variclass.support@varibute.com for same. Such refund or reschedule shall be an exception and not the rule. Further. this does not include any technical glitch at the end of the student on account of lack of connectivity or poor connectivity or power supply interruptions.
- For live courses/sessions / one to many classes, educators/teacher may reschedule or cancel the session. In the event the session or the course is canceled the refund shall be provided to the students’ account.
- For one-to-one classes, educator/teacher may only cancel the session, and cannot reschedule. Educators requiring rescheduling will have to cancel class and release their rescheduled class for the student to select again. In the event the class or session is canceled by the educator/teacher the refund shall be provided to the students’ account.
- The payment shall be refunded to the same bank account or shall be refunded to the same credit card account within 15 days of approval for refund by VariClass team as per above conditions.
- CONTACT US FEATURE
- The Users will be provided with Contact Us features on the Website. The Users will be able to provide their contact details to enable VariClass to contact them.
- The Users may further be provided with features to contact VariClass, raise queries, comments or interact with VariClass. However, VariClass shall be at its sole discretion and be within its rights to answer, reply or opt not to reply to any such queries or comments. By using the said
- features, User permits VariClass to contact them on their registered details, for any clarification or to offer any other service from time to time. Though VariClass will take reasonable care for
- contacting or resolving the queries, comments, or grievances but VariClass does not guarantee the contact period for same and shall not be liable for any real or deemed loss /impact arising during the period from the time the User contacted VariClass for any clarification or queries.
- BREACH
Without prejudice to the other remedies available to VariClass under this Agreement or under applicable law, VariClass may limit the User's activity, warn other Users of the User's actions, immediately temporarily / indefinitely suspend, or terminate the User’s use of the Website, and/or refuse to provide the User with access to the Website if the User is in breach of this Agreement.
The website Variclass reserves right to claim liquidated damages of Rs. 100,000 (One Lakh Rupees) if the user violates any part of this agreement/terms of use and also unliquidated damages from the violator of any term or condition of this agreement/Terms of Use.
- INDEMNIFICATION
The User/Service Providers agree to indemnify, defend and hold harmless VariClass, its affiliates, group companies and their directors, officers, employees, agents, third party service providers, and any other third party providing any service to VariClass in relation to the Website whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by VariClass that arise out of, result from, or may be payable by virtue of, any breach or non‐performance of any terms of this Agreement including any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement.
- TERMINATION OF LICENSE
Subject to the terms and conditions of this Agreement, you are hereby granted a non- exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Products and Services. VariClass reserves all rights not expressly granted herein in the Services. VariClass may terminate this license at any time for any reason or for no reason.
- SEVERABILITY
- If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision, and all other provisions of this Agreement shall continue to be in full force and effect.
- Even if the whole agreement is declared to be invalid or void, it shall not in any manner affect the validity of the jurisdiction clause. Delhi Courts shall have the exclusive jurisdiction, therefore Jurisdiction part under Governing Law & Jurisdiction clause shall remain in force in any case.
- GENERAL PROVISIONS
- In the event of your breach of these Terms, you agree that the VariClass will be irreparably harmed and may not have an adequate remedy in money or damages. VariClass, therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. VariClass’s right to obtain such relief shall not limit its right to obtain other remedies.
- All notices served by the VariClass shall be provided via email to your account or as a general notification on the Application. Any notice to be provided to the VariClass should be sent to legal@variclass.com.
- The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitute the entire agreement between the VariClass and You with respect to Your access to or use of the Application/Website, and the Services thereof.
- You cannot assign or otherwise transfer your obligations under the Terms, or any right granted hereunder to any third party. VariClass’s rights and obligations under the Terms are freely transferable by the VariClass to any third parties without the requirement of seeking Your consent.
- If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
- Any failure by the VariClass to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the VariClass of that provision or right.
- You acknowledge that your participation on the Application, does not make You an employee or agency or partnership or joint venture or franchise of the VariClass.
- VariClass provides these Terms so that You are aware of the terms that apply to your use of the Website/Application and Services. You acknowledge that, the VariClass has given You a reasonable opportunity to review these Terms and that You have agreed to them.
- Any violation by you of these Terms may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the VariClass can avail. In such instances, the VariClass may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
- If You breach any provision of these Terms or any other agreements or policies referred to herein and We take no action, we will still be entitled to use Our rights and remedies in any other situation where You breach these Terms or any other such agreement or policy.
- Your obligations and Our rights and remedies set out in these Terms are cumulative and are in addition to Your obligations and Our rights and remedies at law or in equity.
- FORCE MAJEURE
VariClass shall not be liable for any failure to perform any of its obligations under this Agreement or provide the Website/Application, Products and Services or any part thereof if the performance is prevented, hindered, or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure event continues.
- GOVERNING LAW & JURISDICTION
- This Agreement shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. In the event any dispute in relation hereto is brought by the User, it shall be subject to the exclusive jurisdictions of the courts of Delhi, India.
- VariClass believes in formation and rehabilitation of children in case their activities warrant same since students are young minds. VariClass is associated with a Child Rehabilitation Center with who the Natural Parents/Legal Guardian can seek support for the children if they engage in any inappropriate activity during the class and such activity requires reformation or rehabilitation.
- VariClass is also associated with a child and women safety organization (NGO) for providing training and to spread awareness about the governing laws of India for the protection, precaution, and remedies of crime against women & children.