Terms & Conditions

These Terms & Conditions (“Terms”) of use of our website www.niivlearning.com (“Website”), our applications (“Application”), or any products or services in connection with the application/website/products (“Services”)  are between Niiv Learning Labs LLP (“Niiv/Company/We/Us/Our”) and its users (“User/You/Your”).

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.​

Please read the Terms and the privacy policy of the Company (“Privacy Policy”) with respect to registration with us, and the use of the application, website, and products carefully before using the website, services, or products. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or products, the provisions of the Terms shall prevail.

Your use/access/browsing of the website, products, or registration (with or without payment/with or without a subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.

If You do not agree with the Terms or the Privacy Policy, please do not use the Website or avail of the Services or products. Any access to our application/website/products through registrations/subscriptions is non-transferable.

Except as mentioned below, all information, content, material, trademarks, service marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script, and audio, contained in the Application, Website, Services, and products as well as the “look and feel” of the above are the 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 in the Website or Services or products shall be 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. 

Subject to your strict compliance with these Terms and your payment of any applicable subscription fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable basis to access, view, and play the content for your private, personal, non-commercial use on your personal computer, mobile phone or other wireless device or other internet-enabled devices that is compatible with our products/Services. 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 Website, Services, and products 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.

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

• You may not decompile, reverse engineer, or disassemble the contents of the Application and/or our Website and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, rent, lease, broadcast, create derivative works from, transfer, or sell or otherwise make available any rights to the Application and/or our Website and/or Services/products or any portions thereof to any third party any information or software obtained from the Application and/or our Website and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and/or and/or our Website and/or Services/products.
• You will not (a) use this Website and/or any of our products or Services 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 Website/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.
• No User shall be permitted to perform any of the following prohibited activities while availing of our Services:
  • Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortuous, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable
  • Stalking, intimidating, and/or harassing another and/or inciting another to commit violence
  • Transmitting material that encourages anyone to commit a criminal offense that results in civil liability or otherwise breaches any relevant laws, regulations, or code of practice
  • Interfering with any other person’s use or enjoyment of the Website/Services
  • 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
  • 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
  • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity
  • 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 Website/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
  • Access or use the Website/Services/products in any manner that could damage, disable, overburden or impair any of the Website’s servers or networks connected to any of the servers on which the 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 Website/Services/products, violate any requirements, procedures, policies, or regulations of networks connected to the Website/Services/products, or engage in any activity prohibited by these Terms
  • Disrupt, bypass, modify, defeat or circumvent or interfere with the security/digital rights management used to deliver or protect the Website of, or otherwise cause harm to, the Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website/Services/products or any affiliated or linked sites
  • Interfere with, or inhibit any user from using and enjoying access to the Website/ Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Website/Services/products
  • Use deep-links, page-scrape, robot, spider, or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website/Services/products, to access, acquire, copy or monitor any portion of the Website/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 Website/Services/products
  • Alter or modify any part of the Services
  • 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
  • Violate any of the terms specified under the Terms for the use of the Website/Services/products

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In order to access the Services and to avail the use of the Website/products, You may be required to register yourself with the Website/Services/products. You will be required to furnish certain information and details, including Your name, mobile number, email address, age the student, name of the student, and any other information deemed necessary by the Website to provide you with the desired services/responses. With respect to the provision of information, the following may be noted:

• It is Your sole responsibility to ensure that the account information provided by You is accurate, complete, and the latest
• You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to You for any damage arising from Your inability to access the services of the Application at any time.

Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all Our products or Services. Persons who are minors, un-discharged insolvents, etc. are not eligible to register for Our products or Services. As a minor, if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the application/website/products, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence arising from misuse of any kind of our website/products/services that may occur by virtue of any person including a minor registering for the website/products/services provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that the student using the Application has obtained the consent of a parent/legal guardian (in the case of minors). The Company reserves the right to terminate Your subscription and/or refuse to provide You with access to the products or services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on the Application.

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 website/products/services; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any third party rights, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the application/website/products 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.

In the event of Your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company, therefore, shall be entitled in such event to obtain an injunction against such breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.

Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your User 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.

The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Gautam Budh Nagar and You hereby accede to and accept the jurisdiction of such courts.

The Company has the right to change modify, suspend, discontinue and/or eliminate any aspect(s), features or functionality of the Website or the 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 Website. You agree that the Company shall not be liable to You or any third party for any modification, suspension, or discontinuance of the website/products/services.

The company shall not be liable for any damages arising out of or in connection with the use or performance of this site, or the application or the services. Your use of any information or materials on our website/products/services is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that the services provided by us meet your specific requirements.

Payments And Refund Policy

The Platform is a paid service and the payments made by You shall be according to the plans opted by You through the Platform. You explicitly agree to pay the fees for the courses that you purchase, and you authorize the Company to charge you as per the applicable payment mode opted by you. All payments shall be through the payment mechanism put in place by the Company and You shall be responsible for paying all fees and applicable taxes in a timely manner as per the mechanism associated with the Plan availed by You. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, Online Bank transfers, and Wallet Payments. With reference to Clause 11, the payment gateway mechanisms are governed by the terms and conditions of the third-party providers as listed on the Platform and the User agrees to be bound by those terms.

Valid Credit / Debit / Cash Card / online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount, etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services that were not rendered to the User by Us. In case of a refund of EMI transactions, the User will be charged interest as per the bank’s regulations.

We attempt to process and complete refund requests within 3 working days from the time of receiving the refund request, however, this is entertained in cases of erroneous payment by the user including paying for the wrong product, instances of multiple payments for a single product at the same point of time and any other such incident. Apart from the above, no refund requests are entertained and any such exceptions will be at the sole discretion of Niiv. 

In case there is any delay in refund beyond the period of 4 working days, then you may notify us at support@niivlearning.com. The refund process may include a feedback call to you and validation of key information that may be required by us to process the refund request. Kindly note that all refunds will be routed to the same account as was used at the time of purchase.

We reserve the right to change any fees at any time at our sole discretion and any change, update, or modification in the fee shall become effective immediately upon the same being posted/uploaded or notified on our website.

Return and Cancellation Policy

Since there is no physical product involved, a return policy is not applicable. Niiv offers a customer-centric pro-rata cancellation policy. To cancel our services at any point, please write to us at support@niivlearning.com

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Privacy Policy

This Privacy Policy (“Policy“) is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. The Policy is an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the rules. This Policy being an electronic record is generated by a computer system and does not require any physical or digital signature.

INTRODUCTION

The website www.niivlearning.com (“Website”) is operated by Niiv Learning Labs LLP (“Niiv”, “Niiv Learning Labs”, “we”, or “us”), a company incorporated under the laws of India having its registered office at 2nd Floor, M-6, Sector – 11, Noida -201301.

This privacy policy governs the Website and associated products (Niiv for Schools, Niiv for Business, Niiv for Non-profits, Free lessons, Niiv for Individuals, Live Interactive Classes for all age groups and professions) and services managed by Niiv Learning Labs LLP.

Through this Policy, Niiv intends to convey the manner in which the user’s information is collated and used by Niiv while providing the services through Website, associated products and applications. This Policy is binding on every user of the Website and associated products, applications and users who do not agree with the terms of this Policy should not use or access the Website, products, applications.

Users are requested to read and understand this Policy very carefully before using the Website, Products, applications and related services along with the Terms of Use provided on the Products, applications and on the Website. Your use of the Website, Products, applications or services, subscription registrations with us shall signify your acceptance of this Policy and your agreement to be legally bound by the same including any change, modification or substitution made to the Policy from time to time. Niiv reserves its right to refuse services to any user who does not accept or violates the terms of this Policy. You will be asked to consent to the terms of this Policy when purchasing the Products, applications and Services, registering for events or from campaigns, promotions or otherwise corresponding with us via the Website or otherwise where required under applicable law.

USER INFORMATION

‘User Information’ for the purpose of this Policy includes the user’s personal information that can be used to uniquely identify or contact a single person including name, email address, payment details, residential address, phone number, photograph, information in relation to a purchase or response to an offer, information in relation to download or use of applications and resources from the website, information entered into our system when using the Application/Services/products while seeking query responses, attending live sessions, asking doubts, participating in discussions and taking tests and other information collected by Niiv to provide specific services to the user through the Website. The user has the option not to provide User Information if the user wishes not to avail the specific service for which the User Information is required. 

If any user is providing any User Information on behalf of any corporation, company, institution, association or other entity, the user should be authorized by such corporation, company, institution, association or other entity to provide such information to Niiv. The user should have completed 18 years of age and be competent to enter into a contract under Indian contract law. If the User is under 18 years of age who is intending to avail the services of the Application or avail services through the Website, user should do so through the User’s legal guardian in accordance with applicable law.

Niiv collects information from the user when creating a user account or when the user is browsing for products, applications transacting an online purchase of products through the Website or while posting comments and reviews, uploading content or participating in any offers or contests or availing special gifts or communicating with customer support by phone, email or otherwise.

Niiv receives, scrutinizes and stores User Information for security and technical reasons such as IP address, login id, email address, password, device connection information, transaction history, date, time and duration of session on the Website.

In addition, the website may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the applications or website. We may collect information on how you use website like the pages you visit, how you interact with our products etc. to deliver more personalized content. Niiv will occasionally ask the user to complete optional online surveys for analytic purposes. These surveys may ask the user for contact information and demographic information (eg. zip code, age or income level).

Sometimes the Website uses cookies so that the Website can provide the user with more customised information when the user returns to the Website. “Cookies” are used to store user preferences and to track user trends, so as to enhance the user’s interactive experience and generally improve the Website’s services to the user. The user can set the browser to notify the user when the user is sent a “cookie”, giving the user the chance to decide whether or not to accept it. If the user accepts a “cookie”, the user agrees to allow the use of any User Information collected by the Website using that cookie. The user may update their profile information at any time on the Website.

The user can add or update the User Information on a regular basis. When the user updates the User Information, Niiv will keep a copy of the prior version for its records.

USE OF INFORMATION & DISCLOSURE

The User Information is primarily used by Niiv to facilitate a better, customized and convenient use of the Website’s services. The User Information is used by Niiv inter alia to: (i) respond to the user’s queries, requests and inquiries; (ii) update new features of the Website, (iii) improve and customize the Website’s service, (iv) detect and prevent fraud and abuse of the Website, (v) examine the identity of the user’s and the authenticity of offers, delivery or transfer of offers, etc. (vi) administer the Website, (vii) inform any change in the Terms of Use or this Policy or the Terms and Conditions of Sale, (viii) send surveys and marketing communications that Niiv believes may be of interest to the user; (ix) personalize the user’s experience on the Website by presenting advertising, products and offers tailored for the user; (x) help the user address their problems with the Website including addressing any technical issues; and (xi) protect the integrity of the Website.

Niiv may disclose information

• as required by law, such as to comply with a subpoena, or similar legal process
• to enforce applicable Terms of Use (ToU), including investigation of potential violations thereof
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, address security or technical issues or respond to a Government request
• with our trusted service providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this Policy
• should Niiv merge with or be acquired by that entity or receive investments from that entity
• to protect against imminent harm to the rights, property or safety of the Applications/Website or its users or the public as required or permitted by law
• Any portion of the Information containing personal data relating to minors provided by you shall be deemed to be given with the consent of the minor’s legal guardian. Such consent is deemed to be provided by your registration with us.

Niiv may disclose aggregated information about the use of the Website, but it will never contain User Information that will identify a single user. Niiv does not trade or sell User Information in any manner, except as specified in this Policy or if expressed consent is sought from the user. Niiv understands that the User Information is very crucial and is important for the user. The user agrees and acknowledges that the User Information is disclosed or shared with: (i) third party service providers engaged by Niiv to perform the services on Niiv’s behalf, (ii) third party service providers for the purpose of the Website’s security, maintenance, repair or other technical reasons.

The user agrees and acknowledges Niiv’s right to utilize the user’s posts, contents, information and other personal data for the purpose of providing services through the Website. The contents on the Website may contain comments, post and reviews posted by the users which may be public and searchable on the internet in which case the user’s comments, post reviews and information and personal data provided to the Website may be viewed by other users and Niiv cannot guarantee that other users or third parties have not made copies of or used the ideas and information that the user has shared on the Website.

SECURITY & USER RESTRICTION

Niiv implements standard measures to protect against unauthorized access to and unlawful interception of the User Information. However, no internet site can fully eliminate security risks. We provide physical, electronic, and procedural safeguards to protect Information we process and maintain. For example, we limit access to this Information to authorized employees or third party service providers bound by privacy agreement with Niiv,  who need to know that information in order to operate, develop or improve our applications or website.  For the purpose of checking possible vulnerabilities and attacks, Niiv may conduct periodical internal review of data and security measures on the Website. Niiv  may use such software as it determines is best for maintaining security. However, the internet is not absolutely a secure environment and the Website cannot ensure or warrant complete security of the User Information.

If any user is provided with any identification code, private links, password or any other piece of information as part of the Website’s security procedure, the user should treat such information as confidential, and the user should not disclose it to any third party including to other users. Niiv has the right to disable the identification code, private links and access to any products/services, at any time, if the user fails to comply with instructions or terms, conditions or policies of Niiv.

The user is solely responsible for the activities that occur under the user’s account including the confidentiality of the user’s password and private resource links provided by Niiv as a part of products/services through the website. While using and accessing the Website, Application or products, the user is responsible for maintaining the confidentiality of the user’s account and for restricting access to the user’s computer or other system or equipment through which the user uses and accesses the Website.

Notwithstanding anything contained in this Policy or elsewhere, Niiv shall not be held responsible for any loss, damage or misuse of the User Information, if such loss, damage or misuse is attributable to a Force Majeure Event. A “Force Majeure Event” means any event that is beyond the reasonable control of Niiv and includes, without limitation, fire, flood, epidemic, pandemic, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.

THIRD PARTY WEBSITES AND LINKS

Website may provide or be linked with other websites and advertisements. Niiv is in no way responsible for the privacy practices or content of such websites. The linked websites or advertisers are not necessarily under the control of Niiv and Niiv expressly disclaims all liability associated with the content and the use of such websites and advertisements. Display of any third-party advertisements on the Website shall not be construed as an endorsement or promotion of any products or services by Niiv. The user should read the privacy policy of each and every linked website and any access or use of the linked websites is entirely at the user’s own risk. Niivis not responsible for any direct, indirect, solicited or unsolicited communication made by any of these linked third-party websites or advertisers or their respective agents or representatives, to the users including by telephone, email, mobile phones and facsimile.

These linked third-party websites and advertisers may use various technologies to receive the user’s IP address and personal information. The third-party advertisers may also use cookies, JavaScript, web beacons and other technologies to gauge the effectiveness of their advertisements and to personalize advertising experience and content. Niiv does not have any control over the cookies or technologies that advertisers or websites may use and the user should contact them directly for more information about their privacy practices and policies.

Based on the User Information including the nature of products purchased by the user through the Website, Niiv may display personalized third-party advertisements on the Website. When the user clicks on the advertisement link, the third-party advertisers may assume that the user has met the criteria that was used to personalize the advertisement. The user acknowledges and agrees that in no event Niiv is responsible to the user accessing the services of third-party advertisers or other websites.

Unfortunately, no data transmissions over the internet can be guaranteed to be completely secure. As a result, while we strive to protect your personal information, Niiv cannot ensure or warrant the security of any information you transmit to Niiv via the internet, and you do so at your own risk. Once Niiv has received your transmission transaction, Niiv will use its reasonable endeavour to ensure its safety & security on Niiv’s systems. Nothing contained in this policy is intended to create a contract or agreement between Niiv and any user providing identifiable information in any form.

GENERAL TERMS

This Policy is to be read in conjunction with and shall be deemed to be part of the Website’s and any other applicable Terms of Use.The User Information resides in Niiv’s database for a certain period of time even after the user ceases to use or access the Website and in such cases Niiv is not be liable for any usage of the User Information after the user ceases to use or access the Website. 

CHANGES TO PRIVACY POLICY

Niiv reserves the right to modify Privacy Policy at any time simply by posting such modification on the website and without any other notification. Any such modification will be effective immediately upon posting on this site. The use of the information we collect is always subject to the Privacy Policy that is in effect at the time when this information is collected. User is advised to refer to the Privacy Policy from time to time to ensure compliance with current privacy practices.

GRIEVANCES

In case of any complaints/grievances, any questions regarding this privacy policy, you may contact us using the information below.

Niiv Learning Labs LLP
Email: support@niivlearning.com

GOVERNING LAW AND JURISDICTION

The terms and conditions of this Policy shall be governed by Indian Law and the courts in Gautam Budh Nagar shall only have exclusive jurisdiction to resolve any disputes.

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