Terms of Use

Dhurina ("we", "us", "our", or “Company”) conducts online classes, live demo, Video Lectures and provides online courses, Premium Test Series and PDF Notes along with doubt clearing sessions for the students seeking to enrol for such courses (the "Services"), which are accessible on Dhurina applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Applications") which are made available for download through an app store on your mobile device.

Introduction

These Terms & Conditions (“Terms”/ “Terms of Use”) of use of our application or any modes of registrations or usage of products, including through mobiles, tablets or other storage/transmitting devices are between Dhurina and its users (“User/You/Your”).

Your Relationship with Us

By accessing or using Application or Services or by downloading or posting any content from or on the Applications, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services, whether or not you have registered with the Application.

Please read these Terms and the privacy policy of the Company (“Privacy Policy”) with respect to registration with us, the use of the Application and Services carefully before accessing or using the Application or Services or downloading or posting any content from or on the Application or through the Services, carefully as they contain important information regarding your legal rights, remedies and obligations.

In the event of any discrepancy between the Terms and any other policies with respect to the Application or Services, the provisions of the Terms shall prevail.

If you do not agree to these Terms, please do not use the Application and Services offered by us.

Information About You and Your Privacy

Your privacy is important to us. You should read our Privacy Policy (link to Privacy Policy) to understand how we collect, use and share information about you.

Setting Up an Account

a. To access our Service, you must register with us and set up an account with a username and password (your “Account”). We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.

b. Eligibility: You must be at least 18 years of age and at the time of entering into a legally binding agreement to use our Service. If you are under the age of 18, you must have explicit consent of your parent/legal guardian for setting up an account with us. We do not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register for the Service. Children under the age of 18 are prohibited from providing any personal information to the Application without the explicit consent of their parent/legal guardian. In the event that we learn that we have collected personal information from a child under age 18 without parental consent, we will delete that information as quickly as possible.

c. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at[email protected] straight away to let us know.

Use of Proprietary Information

Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Services and products are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on this Application or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. You may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium. Certain contents on the Application may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.

User Conduct

Your use of our products, Application and Services is solely for Your personal and non-commercial use. Any use of the Application, Services or products or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Application, products and / or our Services shall be subjected to the following restrictions:

a. You may not decompile, reverse engineer, or disassemble the contents of the Application and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or and /or Services/products.

b. You will not (a) use this Application and/or any of our product/s or Service/s for commercial purposes of any kind, or (b) advertise or sell the Application or any products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Application /our products and Services in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company.

c. No User shall be permitted to perform any of the following prohibited activities while availing our Services:

i. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

ii. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;

iii. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

iv. Interfering with any other person's use or enjoyment of the Application/ Services;

v. Making, transmitting or storing 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;

vi. 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;

vii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

viii. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;

ix. Access or use the Application/Services/products in any manner that could damage, disable, overburden or impair any of the Application's servers or the networks connected to any of the servers on which the Application is hosted;

x. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Application/Services/products, or engage in any activity prohibited by these Terms;

xi. Disrupt or interfere with the security of, or otherwise cause harm to, the Application/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application /Services/products;

xii. Interfere with, or inhibit any user from using and enjoying access to the Application/Services/products, or engage in disruptive attacks such as denial of service attack on the Application /Services/products;

xiii. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Services/products, to access, acquire, copy or monitor any portion of the Application / Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/Services/products;

xiv. Alter or modify any part of the Services;

xv. Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or

xvi. Violate any of the terms specified under the Terms for the use of the Application /Services/products.

Failure to comply with the User Conduct constitutes a serious breach of these Terms of Use, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):

i. immediate, temporary or permanent withdrawal of your right to use our Service;

ii. immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed on the Service);

iii. issuing of a warning to you;

iv. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

v. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

b. We may investigate any suspected breach of the User Conduct. During such investigation we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Sale Items listed on the Service) without notice to you.

c. The responses described in section 7(c) are not limited, and we may take any other action we reasonably deem appropriate.

Our liability/responsibility to you

a. Our Application provides Users with access to compiled educational information and related sources. Such information is provided on an As Is basis and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Application. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Application may also include links to other websites/applications. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s)/application(s). We have no responsibility for the content of the linked website(s) /application(s). You may not create a link to the Website from another website or document without the Company's prior written consent.

b. The contents of the Application/Services/products are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Application/Services/products is not endorsed as a substitution to the curriculum based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. The Company acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Application/Services/products does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Application or usage of our Services/products 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.

c. Certain contents in the Application/Services/ products may contain opinions and views. The Company shall not be responsible for such opinions or any claims resulting from them. Further, the Company makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.

d. The Company 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 Your use of our products and Services.

e. Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Use and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.

f. Dhurina is not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Service.

g. You may be able to access third party links/websites/products via the Service. Dhurina is not responsible or liable for any third-party links/websites/products which may be accessed by you at your sole option. Your access to and use of such third-party links/websites/products and services shall be solely at your own risk and subject to your acceptance and compliance with the separate terms and conditions of such third party.

h. We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.

Cancellation and Refund Policy

a. If you wish to cancel a confirmed enrolment made via the Application, after enrolment to the Course, you may do so by contacting us via the contact link in the Contact Section.

b. Any Cancellation Requests received later than 7 business days prior to the end of the current service period will be treated as cancellation of services for the next service period and no refund shall be made for the said period.

c. All courses, products and services listed on the application are Non-Refundable and once enrolled in/obtained/subscribed to/ordered shall not be subject to any refunds or returns.

d. A refund shall be made to the user only in the event a repeat payment (payment made twice for the same course) has been made by the user. Such refund shall be made for the amount paid in excess of the fee of the course only and not the entire amount paid. The refund shall be credited to the bank account of the User within 7 business days. If payment is made via credit card, refunds shall be issued to the original credit card provided at the time of purchase.

Communication

The Company may, based on any form of access to the Application (including free download/trials) or Services or registrations through any source whatsoever, contact the User through sms, email and call, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail and holds the Company 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 your contact details available to Our employees, associates and partners so that you may be contacted for education information and promotions through telephone, SMS, email etc.

Access to certain elements of the Services including doubt clearance, mentoring services etc may be subject to separate terms, conditions and fair usage policy. The Company reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Application/products or registrations do not automatically entitle the User to any and all elements of Services provided by the Company and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Application/Services/products; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.

In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.

Your Content

a. You confirm that images, sounds, text or information that you submit or create (“User Content”) whilst using the Service will meet the Rules of Acceptable Use.

b. You grant us a worldwide, non-exclusive, royalty-free, irrevocable and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and utilize the User Content (including any intellectual property rights therein) anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business.

c. Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy Policy.

d. We do not check or moderate any User Content before it is added to the Service by users. We may later check, moderate, reject, refuse or delete any User Content if we think that it breaks any of the Rules of Acceptable Use, or we believe it is against the ethos of Dhurina.

e. User Content removed from the Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations. Therefore, we encourage you to maintain your own backup of your User Content and you agree that you will not rely on the Service for the purposes of User Content backup or storage. To the extent permitted by applicable law, we shall have no liability for any loss of User Content.

Termination

a. We may, at any time and without notice, suspend, cancel, or terminate your right to use the Application (or any portion of the Application). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Application affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Application, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.

b. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

i. if we determine that you have breached, or are acting in breach of, this Terms of Use;

ii. if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;

iii. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;

iv. you do not respond to account verification requests;

v. to manage any risk of loss to us, a User, or any other person; or

vi. For other similar reasons.

c. In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Republic of India without regard to its choice of law principles.

Changes to these Terms of Use

a. We may revise these Terms of Use from time to time and any changes will take effect after 3 days of any notification email sent to you notifying you of any changes, or at the time the revised Terms of Use are posted (whichever is the earlier) and your continued use of the Service shall constitute acceptance of such revised Terms of Use.

b. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.

c. We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Use. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.

d. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens, we will not give you any notice.

Severability

Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.

Assignment

a. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.

b. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.

Force Majeure

We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:

a. Acts of god;

b. Natural disasters;

c. Sabotage;

d. Accident;

e. Riot;

f. Shortage of supplies, equipment, and materials;

g. Strikes and lockouts;

h. Civil unrest;

i. Computer hacking; or

j. Malicious damage.

No Waiver

The failure of Dhurina to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Dhurina. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Digital Signature

a. By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.

b. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Application, you give us permission to provide these records to you electronically instead of in paper form.

c. By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting at the Contact details provided on our Application. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.

d. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information by contacting Customer Support at [ENTER CUSTOMER SUPPORT EMAIL].

DISCLAIMER

THIS APPLICATION AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE APPLICATION/PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.

Survival

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

Entire Agreement

The Agreement, in connection with the other obligations and rules detailed in writing on the Application, constitute the entire agreement between you and the Application and cannot be modified by you. The Terms of Use cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Application. Nothing in this subsection will prevent the Application from modifying the terms of these Terms of Use and posting such other modified Terms of Use.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Application. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Dhurina and you hereby irrevocably assign to Dhurina and agree to irrevocably assign to Dhurina all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Dhurina's request and expense, you will execute documents and take such further acts as Dhurina may reasonably request to assist Dhurina to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Notice

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Us (i) via email (in each case to the address that you provide) or (ii) via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Contact Us

a. For any further clarification of our Terms of Use, please write to us at Email : [email protected]

b. Our Permanent Address is Ground Floor, MGF Metropolis Mall, Mehrauli-Gurgaon Rd, Gurugram, Haryana 122002.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
Last Updated: 17-07-2021