Terms of use

1. ABOUT US

Vikalp India Private Limited having its registered office at G 17/C, South Extension Part 2, New Delhi 110049, India, is engaged in providing books, learning toys, teaching aids, mobile application, video lessons, online class and programs that is relevant for students of all classes, in the Indian or International educational scenarios (hereinafter referred to as “Vikalp Education”, “Vikalp India” or Vikalp or “we” or “us” or the “Company”).

 

2. GENERAL

2.1. Our Terms of Use defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered with us. The Terms of Use herein are inclusive in nature and non-exhaustive and will deem to include any further terms which are conveyed via mail or along with material disbursed or sold. If you have any questions about any part of the Terms of Use, feel free to contact us at letters@Vikalpindia.com.

2.2. This Terms of Use supersedes all previous oral and written terms and conditions (if any) communicated to you.

2.3. You’re accessing or using our Site, Application or Services by means of a computer system or a hand device or any other electronic means, in any manner whatsoever, including and not limited to visiting, surfing and copying, downloading, uploading of any content whether in text, numeric, drawing etc, shall mean that you have read, understood and have consented to be bound by our Terms of Use, without any modification.

2.4. Your submission of any personal information shall be governed by our Terms of Use (in particular, by the Privacy Policy) as applicable and provided on our website.

2.5. Please ensure that you read and understand our Terms of Use before you use the Site, Application, or Services, if you do not accept any of the Terms of Use, then please do not use the Site, Application, or Services or avail any of the services being provided therein.

2.6. Your agreement to our Terms of Use shall operate as a binding agreement between you and Vikalp in respect of the use of the site, application or availing of services.

2.7. Any term used in this Terms of Use and not defined herein shall have the meaning as defined in the Privacy Policy.

2.8. Words denoting the singular shall include the plural and vice versa.

2.9. Words denoting any particular gender shall include all genders.

2.10. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of this Terms of Use or the right to use the Website by the Users contained herein or any other section or pages of the Website in any manner whatsoever.

 

3. TERM AND TERMINATION

3.1. This Term of Use will remain in full force and effect while you use the Website in any form or capacity.

3.2. The Company reserves the right to terminate your access to the Website and this Term of Use in the event of the following by You-

3.2.1. breach of any terms contained herein,

3.2.2. misrepresentation of information,

3.2.3. any unlawful activity or

3.2.4. any information submitted by You to the Company through the Website is unable to be verified or is authenticated.

3.3. Clauses under the headings User Covenants, Limitation of Liability, Indemnity, Disclaimer, Intellectual Property Rights, Dispute Resolution shall continue and survive the termination of this Terms of Use.

 

4. DEFINITION

4.1. Affiliation Charges – Charges Paid by Teachers for undertaking training and getting certified as Vikalp Teacher.

4.2. Vikalp – A company named Vikalp India Private Limited formed and registered under the Indian Laws.

4.3. Vikalp Learning Program – Learning program provided by Vikalp that is relevant for students of all classes, in the Indian or International educational scenarios.

4.4. Student Fee – Fee paid by or for or on behalf of a student for taking Vikalp Learning Program.

4.5. Terms of Use – Terms of Use means this document read together with the privacy policy, disclaimers, and other policies applicable in general and/ or specific to this Website and available on www.Vikalp.com.

4.6. Website – The Website of the Company means www.vikalpindia.com.

 

5. APPLICABILITY

5.1. This Terms of Use applies to you whether you are:

5.1.1. A Teacher who has been associated with us or seeks to be associated with us as a teacher for teaching Vikalp Learning Program to the student(s) (“Teachers”, “You” or “User”); or

5.1.2. A student or a parent or a legal guardian, using our website (“You”, or “User”); or

5.1.3. Any person using Vikalp Learning Program (“You”, or “User”); or

5.1.4. Otherwise, a user of the Website (“you” or “User”).

5.2. This Terms of Use applies to your visit to and your use of the Website, as well as to all information provided by you on the Website at any given point in time.

 

6. PURPOSE OF THE WEBSITE

6.1. The Website of the Company is meant to provide information to the public about the –

6.1.1. Company.

6.1.2. the services and incidental services provided by the Company including without limitation, the information pertaining to the Vikalp Learning Program.

6.2. The Website facilitates the services rendered by the Company, and provides for, including and limited to the registration of the teachers, parents/ legal guardians of the student(s) and the student(s), desirous of being part of the Vikalp Learning Program, on the Website.

6.3. The Website facilitates to create/ register an account with us for availing Vikalp Learning Program.

 

7. USE OF THE WEBSITE

7.1. Your access of the Website will solely be at the discretion of the Company.

7.2. The Company authorizes you to access the Website solely, to acquire information or enrol/ register or be part of the Vikalp Learning Program of the Company.

7.3. The Company reserves the right, at its sole discretion, to suspend/ prohibit/ restrict your ability to use or access the Website (or a part thereof) at any time, while the Company investigates complaints or alleged violations of this Terms of Use, or for any other reason, whatsoever, including but not limited to your misusing the Website in any manner.

7.4. The use of the Website is governed by the Company’s Privacy and other Policies which you hereby undertake to adhere to immediately upon first access of the website. The Company’s Privacy and other Policies set forth its standard practices regarding the collection, use and disclosure of personal information that it obtains about you in connection with the Services and such other issues as stated in such Policies.

 

8. USE OF THE ACCOUNT CREATED/REGISTERED ON THE WEBSITE

8.1. Your access of the account registered on the Website, will solely be at the discretion of the Company.

8.2. You shall not allow any party other than yourself (or your children for whom the account is created/ registered in case you are a parent/ legal guardian) to use or have access to the account registered on the Website or disclose to any third party any content of the account registered on the Website.

8.3. Any violation of the term of the above-mentioned sub-clause will be viewed seriously by us and we reserve the right to take all action under this Terms of Use or under the law against you to prevent any illegal use, disclosure, or access by/ to you or any third party.

8.4. The Company reserves the right to accept or reject or suspend or put on hold, your registration on the Website.

 

9. USER COVENANTS

9.1. By registering on the Website or contacting us through the Website, you represent that you are not a minor and legally entitled to contract under applicable law, and are not barred by any law, in any jurisdiction or bound by any agreement that restricts your right to accept the Terms of Use or use the Website.

9.2. In the event you are a minor as per applicable law, or if you are barred by any law, in any jurisdiction or bound by any agreement that restricts your right to access the Website, you may not register or contact us through the Website, however, your parents/ legal guardian may contact us on your behalf provided they are compliant to clause 9.1.

9.3. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services, and Vikalp Learning Program.

9.4. You agree that you are not permitted under Regulation 3(2) of the IG Rules, and shall be bound to such Rules to the extent it is applicable to the Terms of Use, even if these Rules are not applicable to you, and will not host, display, upload, modify, publish, transmit, update, collect, store, or share any information that –

9.4.1. belongs to another person and to which you do not have any right;

9.4.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

9.4.3. harms minors in any way;

9.4.4. infringes any patent, trademark, copyright or other proprietary rights;

9.4.5. violates any law for the time being in force;

9.4.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly false, offensive or menacing in nature;

9.4.7. impersonates or defames us or any other person;

9.4.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource; and

9.4.9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.

9.5. You are also prohibited from and you agree that you shall not be:

9.5.1. using the Site, Application, Services or Vikalp Learning Program for any commercial or other purposes that are not expressly permitted herein this Terms of Use;

9.5.2. using, copying, mirroring, framing, displaying Vikalp’s Website, Vikalp Learning Program or any content therefrom, without our prior written consent.

9.5.3. violating or attempting to violate the integrity or security of the Website;

9.5.4. transmitting any information on or through the Website that is disruptive or competitive to the provision of the services provided by the Company;

9.5.5. intentionally submitting on the Website any incomplete, false or inaccurate information;

9.5.6. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

9.5.7. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

9.5.8. copying or duplicating in any manner any of the information available from the Website; and

9.5.9. framing or hotlinking or deep linking any contents from the Website.

 

10. USER’s PERSONAL INFORMATION

10.1. To enrol/register or be part of the Vikalp Learning Program of the Company, you may be required to provide your name, age, mobile or phone number, and/or address; without limiting the generality of foregoing, you are required to provide accurate and complete information.

10.2. You hereby authorize the Company to

10.2.1. use your submitted information to contact you through SMS, e-Mail, WhatsApp or any other medium not specified.

10.2.2. maintain a record of your queries, visit of the Website, and/ or feedback; and

10.2.3. use all submitted information by you in such manner, as we may deem fit or necessary.

10.3. User Submissions

You understand that when using the Website, you may be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and you agree and assume all liability for your use. You hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.

 

11. TEACHER’s RELATED

11.1. Eligibility Criteria to become a Teacher

11.1.1. You are not eligible to register as a Teacher if you are a minor in accordance to the applicable law. By registering yourself as Teacher you represent that you are of legal age to form a binding contract under the applicable law.

11.1.2. You should be a graduate in any discipline.

11.1.3. You should be willing to conduct the sessions/classes at home or at designated premises or digitally.

11.1.4. You have to provide certain information required on the Website. You shall ensure that the information provided by You in the Website’s registration form is complete, accurate and up to date.

11.1.5. Every teacher is certified to teach in the relevant markets (whether Indian or International) on completion and continued attainment of specified goals (by Vikalp) for students.

11.1.6. You will not be considered as an employee of the Company at any stage while you are registered as Teacher.

 

11.2. Facilitation for your registration by the Company

 The Company shall allow and facilitate your registering as Teacher, only if You have provided to the Company certain information required, on the Website or otherwise, as may be stipulated from time to time. After the completion of the registration on the Website or otherwise by you and post evaluating and analysing your information, the representatives of the Company will contact You.

11.3. Obligations of the Teacher

11.3.1. You shall establish and maintain such facilities and such appropriate, attractive, accessible premises, if applicable, for running the Vikalp Learning Program.

11.3.2. You shall always perform your obligations in professional, ethical, legal and socially responsible manner and shall not involve yourself in any act involving moral turpitude or any act which may give rise to anti-national feelings or discrimination based on caste, creed, sex or religion or involve in any act which may cause mental or physical injury to any of the students.

11.3.3. You undertake the responsibility of conducting interactive sessions with students and their parents/ guardians with the aim to facilitate an understanding of Vikalp Learning Program and address all academic and non-academic queries / issues raised by the concerned person attending such interactive session to their satisfaction.

11.3.4. You shall not have any claim, whatsoever, on the content relevant to run the program, including worksheets, mobile-based apps, software and any other learning material including the logo and brand name of the Company (“Content”) and shall not acquire any right, title or interest in or to the Intellectual Property.

11.3.5. You shall also endeavour to protect the confidential information and goodwill of the Company

11.3.6. You agree to fully indemnify Vikalp India Private limited, its directors, its employees, its officers from any claim, damage, loss, decree, order, judgment, expense, liability or financial obligation of any nature whatsoever arising out of your negligence, default, action, omission, breach of any applicable laws and any illegal conduct.

11.3.7. A teacher shall endeavour to support the Company in the marketing and promotion of the Vikalp Learning Program, Suo moto or as desired by the Company for which You and Company may agree to certain incentives.

11.3.8. The teacher is responsible for organizing a Parents Teacher Meetings (PTM) on a regular basis as specified by Vikalp.

11.4. Refund of Affiliation Fee effective from 5^th November, 2021

 Applicant(s) are requested to read the refund policy carefully as it is linked to lapse of time.

11.4.1   The enrolment fee is eligible for refund in full If the Applicant(s) wants to exit the course within 20 days of the payment of enrolment fee for following reasons—

1. i)   Not clearing English or Math proficiency test(s) as mandated by Vikalp; or
2. ii)  Not clearing the tests as mandated by Vikalp teacher onboarding team.

11.4.2   The enrolment fee shall not be refunded, for any reason, whatsoever, in the following cases:

1. After lapse of 20 days of the payment of enrolment fees; or
2. Not clearing the mandated test(s) by Vikalp within 20 days of the payment of enrolment fees

• After dispatch of products to the Teacher by Vikalp

11.4.3   Please note:

1. i)   Products is dispatched on your successful completion of Online Assessments only.
2. ii)  Once dispatched, products cannot be returned by the teacher, for any reason whatsoever, to Vikalp.

11.5. Holidays and Pause Policy

11.5.1. In the Vikalp system, no holidays are defined to be exercised by the student or the teacher. However, In the complete tenure/subscription, the teacher will have certain pause units which can be availed.

11.5.2. Vikalp does not observe any holidays in the academic calendar year.

11.5.3. In case of any class missed on a holiday, can be compensated by the teacher at a convenient time in accordance with the student’s convenience.

11.5.4. Compensatory classes are to be completed in the given tenure of the student.

11.5.5. Teachers will get 4 weeks of pause (4 units) in a year which they can exercise with prior information to the Vikalp team and parents.

11.5.6. Maximum no of pause units which can be used by a Teacher at one time is TWO weeks.

11.6. Student Transfer Policy

11.6.1.  Due to continued unavailability of teacher or lack of adequate quality of class, or at sole discretion of the Vikalp, the student may be transferred to another teacher.

11.6.2.  Such transfers will be initiated and processed by Vikalp at its sole discretion.

11.7. Demo Allocation/Conversion Policy

11.7.1. Student demo assignment will be as per the sole discretion of Vikalp.

11.7.2. Demo can be assigned to any teacher, from time to time, depending on the availability of their slot, historical demo conversion, compliance, retention, and such applications.

11.7.3. Vikalp team will be responsible for all follow-ups after the demo is done. A teacher under no circumstance should contact the parent/ guardian for a follow up, until and unless so communicated or requested by the Vikalp team.

11.7.4. In case of a successful demo conversion every attempt will be made to assign the student to the teacher who conducted the demo. If however, for reasons such as unavailability of preferred slots, disciplinary issues, lack of satisfactory class performance, Vikalp may reassign the student to another teacher at its sole discretion.

11.7.5. Last demo taken before payment, will be considered as the successful demo.

 

12. PARENTs/STUDENTs ENROLLED/SEEKING TO ENROL RELATED

12.1. Information to the Parent

12.1.1. The Company may make available the facility of enrolling Your child/children for Vikalp Learning Program after You have provided the Company information as required by way of a written / online application submitted to the Company (the “Information”).

12.1.2. You shall ensure that the Information provided by You in the Website’s registration form or otherwise is complete, accurate and up to date.

12.1.3. If You provide any Information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse or cancel the enrolment of Your child.

12.2. Obligations of the Parent

 12.2.1. The fee is payable in advance for the program duration.

12.2.2. You shall pay the tenure fees, as prescribed, in the designated account. If You default in payment of the fees for a successive period of seven (7) days, the enrolment of the student shall stand cancelled and You/Your child will not be entitled to receive the benefit(s) under the Vikalp Learning Program.

12.2.3. You shall be responsible for the conveyance of the Your child/children to and from the premises used for teaching by Teacher to your own premises and vice versa, if applicable. The Teacher or the Company shall not hold any responsibility, whatsoever, with respect to such conveyance to and from the premises, in cases, where applicable.

12.2.4. You shall not have any claim, whatsoever, on the Content provided by the Company and shall not acquire any right, title, or interest in or to the Content.

12.2.5. Where a parent/ student is discontinuing with Vikalp Learning Program, access to the account, app etc shall be suspended.

12.3. Class Related

 12.3.1. A class is defined as NO SHOW if the student has not joined the class within 10 minutes of the scheduled start time, the class may be cancelled, without any compensatory class and will be treated as a missed class, fully chargeable.

12.3.2. NO SHOWs are not entitled to a compensatory class.

12.3.3. For quality purposes, Vikalp will maintain a digital record of the class which will be property of Vikalp always and Vikalp reserve the right to analysis the recorded data for such purpose as may be deemed suitable for, enhancement of the course, quality of teaching, class experience etc. It can also be made public for the purpose of creating awareness.

12.3.4. Depending on the tuition fee and the tenure, the student is entitled to get a maximum number of classes within the stipulated period.

12.4. Holidays and Pause Policy

 12.4.1. In the Vikalp system, no holidays are defined and as such no holiday can be availed by the student. However, In the complete tenure/subscription, the student will have certain pause units which can be availed.

12.4.2. Vikalp does not observe any holidays in the academic calendar.

12.4.3. In case of a scheduled Holiday, the parent will need to avail pause unit and follow the policy applicable on rescheduling of any class.

12.4.4. Students will get 3 month  of pause in a year (pro rata on tenure) for bookings greater than 6 months tenure. Parents must write to the Vikalp team to avail the applicable pause at least 2 weeks before the commencement of the pause.

12.4.5. With every pause, the tenure of every student is extended by the same duration.

12.4.6. Maximum no of pause units which can be used at one time is 2 months.

12.5. Student Transfer/ Teacher Change Policy

 12.5.1. A student transfer can happen under various circumstances such as unavailability of preferred time slots, discontinuation of classes from a teacher which shall be the  sole discretion of Vikalp

12.6. Refund of Student Fee

12.6.1 Except for admission fee of Rs. 5500 and 3% transaction fees, Vikalp Refund Policy allows refund of unused products and classes. This refund is done on a pro rata basis, for unused products and classes, – during the tenure of the program enrolled by the student. Course is divided into quarters. You can cancel the unshipped products and future classes of subsequent quarters. (For example – If the students enrolled for a 9 months program (3 quarters) on 1^st of January.  If the student applies for refund, then the Company shall refund for the unused products and services of subsequent quarters. This refund should be claimed by the student within 30 days of buying the subscription which in this case is 31^st January.)

12.6.2 The Company will not refund for already shipped products and classes scheduled for the current quarter. In case products of all 3 quarters are sent, then an additional amount of Rs. 9700 will be deducted.

12.6.2 The Company shall not be liable for any refund, if the student does not attend the allotted classes within the stipulated tenure and does not claim for refund within the said tenure.

12.6.3   Vikalp will request you to share your bank account details where it can transfer the refund amount and such other documents (for international students), as may be required, to process the refund. Once Vikalp has all the required information, Vikalp will process your refund for unused products and classes, within 20 working days.

12.7 Inclusion Policy

12.7.1 Philosophy

Differences and diversities are central where all students enrolled should receive meaningful and equitable access to the curriculum. Inclusion is a way of thinking and acting that allows every individual to feel accepted, valued, and safe. An inclusive community consciously evolves to meet the changing needs of its members.

12.7.2 Introduction to Inclusive education 

Inclusion is an on-going process that aims to increase access and engagement in learning for all students by identifying and removing barriers. Inclusion is about responding positively to each individual’s unique needs. ‘The real meaning of inclusion is when we all get empowered to understand the needs of each child and are able to address it by going down to their level.’

12.7.3 Policy Review

Policy is reviewed every year at the beginning and at the end of the year in presence of Senior Management, teachers and the team of special educators

12.7.4 Principles of Inclusive education followed at Vikalp

• Inclusion is a process by which school has developed its culture, policies and practices to include all students.
• Inclusive education service offers the barrier free environment and opportunities for students with special education needs.
• The interests and rights of all students are safeguarded.
• The school community and other authorising bodies actively seek to remove barriers to learning and participation.
• All students have access to an appropriate education that provides them the opportunity to achieve their personal potential.
• With appropriate skills, training, strategies and support the majority of students with special educational needs can be successfully included in mainstream education.
• Inclusive environment is effective, friendly welcoming, healthy protective and gender-sensitive for all learners.
• The development of such child-friendly learning environments is an essential part of the overall efforts by school to increase access to and improve the quality of education.
• Inclusion is an ongoing process which provides a common platform for equal participation through differentiation

12.7.5 Steps followed at Vikalp to make inclusion successful

• Flexibility in Admission Policy- admission parameters are relaxed.
• Learners with mild ADD/ADHD/Specific learning disability and other mild difficulties will be included in main stream classes for academic input at grade level with intervention, accommodation and adaptations.
• All plans will be implemented in collaborative teaching and adaptations of the curriculum will be done as per need.
• Learners with moderate needs will be integrated with grade level classes for activities and will be pulled out to transact the academic curriculum at their level.
• Empowerment of all the faculty members by holding in house training programs and hands on workshops on strategies to teach children with different difficulties.
• Universal Designs of learning
• Modifying teaching methodology and the evaluation style to accommodate each child in an Inclusive set up.
• Life skill training is implemented through projects.
• Regular guidance and counselling is provided to support them.

12.7.6 Inclusion—Admission and assessment policy

• Assessment of a learner by the team of learning support
• Observation of a learner in a mainstream set up, if required.
• After observation to take a final call for the admission.
• Inclusion / Integration—as per the level of each child and as per our Inclusion policy

12.7.7 Inclusion Practices

• Informal-formal assessment
• Support in the classroom in collaboration with teachers.
• Collaborative Teaching— A model at practice
• Best Practices— Multi sensorial, Project based learning, Differential Learning
• Academic Pull outs—As per the need of the child
• Intervention/ Adaptation/ Accommodation to make the Curriculum Content, Teaching Methodology, and Evaluation more accessible for each and every student
• Sensitization activities for everyone.

12.7.8 Different Parameters of Inclusive education followed at Vikalp:

• Empowerment of environment and professionals working
• Early intervention-By a team of professionals
• Universal Designs of Learning-Curricular Teaching methodology to meet needs of individual with different needs and strengths
• Collaborative Teaching
• Guidance and counselling

12.7.9 Objective behind it

• To reach at the level of each and every one to make them feel successful at every step of Learning.
• To ensure maximum inclusion in a class room setting to give maximum exposure at class room level.
• To include one and all in a classroom setting with differential curriculum support.
• To modify teaching methodology to suit each one’s level.
• To ensure accommodations and interventions for learners with mild Specific learning disability and other problems like hearing/Visual impairment, Autism Spectrum/ ADD following main stream curriculum.
• To use instructional strategies: Modifying the instruction style that is changing teaching methodology with help of a special educator in class.
• To consider verbal response along with written assignment.
• Outcome: opportunity to study with their peers in an Inclusive class room and getting support to maximize learning process.

12.7.10 Intervention Statrategies 

• Student sits in classes at par with his age
• Each one is included for a maximum exposure in all activities and academic discussions.
• Adaptation of teaching methodology and the curricular modification
• Functional life skills goals planning and integration of same with adapted academic goals
• Maximum participation in every activity
• Outcome: Maximum exposure enhances the socio emotional skills and teach them at their levels
• Tailor made curriculum at each one’s level.
• Maximum exposure in all class room activities for full participation
• Providing functional life skills curriculum-A combination of Functional academic and life skills
• Collaborative Teaching: Collaboration is an ongoing process whereby educators with different areas of expertise voluntarily come together to find solutions to problems that are impeding student’s success, as well as to carefully monitor and refine those solutions. Collaboration is a process rather than a specific service delivery model.

 

13. VIKALP’s RIGHT AND OBLIGATIONS

13.1. General

13.1.1. The Company reserves the right to disable such information that is in contravention of Clause 9, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person or otherwise, in writing or through email about any such information as mentioned in Clause 9 above. The Company shall be entitled to preserve such information and associated records, as it may deem fit, for production to governmental authorities for investigation purposes.

13.1.2. The Company may disclose, or transfer information provided by you to its affiliates in other countries, and you hereby consent to such transfer. Please be informed that the SPI Rules only permit the Company to transfer sensitive personal data or information under the SPI Rules including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by the Company as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the user or where you have consented to data transfer.

13.1.3. The Company may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information provided in the Vikalp Learning Program.

13.1.4. Vikalp may terminate your account or restrict your use of the Website for convenience at any time with or without providing you 30 days’ notice via email to your registered email address or by any other means.

13.2. Teacher’s Related

13.2.1. The Company reserves the right to refuse Teacher to the new registrants without providing any reasons.

13.2.2. Any information provided by you is found to be untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company reserves the right to not register/ associate you as a teacher or suspend/ terminate your association with Vikalp as a Teacher, as the case may be.

13.2.3. The Company shall provide content, branding as well as the learning material to the Teacher(s). Company reserves it right to charge for such services from teacher(s).

13.2.4. The Company shall provide You with an online teacher student interface through which You can upload student performances and other parameters required for assessing students. You will be responsible for maintaining the confidentiality of the account information required to login to the interface and are fully responsible for all activities that occur under account. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions, or otherwise.

13.2.5. The Company shall conduct regular training and interaction sessions with Teacher(s) for quality control.

13.2.6. All class logs will be evaluated, and teachers will be given feedback. Vikalp reserves the right to transfer students to other teachers in case of poor-quality metrics, disciplinary issues and any such factor which may impede in the attainment of successful learning outcomes of the student.

13.2.7. Any commercial arrangement between the teacher and the parents/ guardians of the student outside of the parameters of the Vikalp agreement shall be viewed as a serious and material breach of the agreement inviting legal action and termination, apart from teacher being liable for compensation and penalties payable to Vikalp.

13.2.8. To continuously improve the quality, Vikalp shall require teachers to achieve proficiency badges or certifications for continued teaching privileges.

13.2.9. The Company shall provide printed marketing material to the Teacher(s).

13.3. Parent’s Related

13.3.1. The Parent shall provide the necessary support to the Teacher(s)s to enable an enriching experience for the students enrolled in the Vikalp classes.

13.3.2. Subject to Article 17 below, any instance of misconduct or misdemeanor by the Teacher against You or Your child/children shall be reported to the Company and the Company shall take reasonable efforts to immediately suspend the association of the Teacher with the Company depending on the veracity of the complaint filed against the Teacher(s).

13.3.3. If a student or parent interrupts the class with misconduct or misdemeanour or intimidates the teacher, or if the teacher suspects of any obscene, offensive or illegal activity amounting to disruption of the class, the faculty has the right to block the video of the student/parent. In such a case Vikalp in its sole discretion has the right to cancel the subscription without any refund of the student fee.

14. PAYMENTS

14.1. All payments hereunder shall be made into the bank account specified in writing on the Invoice.

14.2. For fee payments by the student – We request all payments through our payment gateway in our website. We understand that it is a very simple, safe & secure.

15. REFUNDS

15.1. The policy for refund of money (“Refund Policy”) is applicable only to

15.1.1. Fee submitted by Teacher(s) as mentioned in Clause 11.4.

15.1.2. Fee paid by Vikalp Student(s) as mentioned in Clause 12.6.

16. THIRD PARTY INFORMATION

The Website may provide information regarding third party website(s), affiliates, or business partners, contain links to their website/portals and/or any other information. Such information and links are provided solely for the purpose of your reference. The Company is not endorsing the material or any information on the Website, is not responsible for such errors and representation nor the Company is associated with it and you shall access these websites at your own risk. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from the Website, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects, and other items of a destructive nature.

17. INTELLECTUAL PROPERTY RIGHTS

All the intellectual property used on the Website (including the Content) by the Company, service providers or any third party shall remain the property of the Company, service provider or any other third party, as the case may be. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The Website is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. The materials on the Website or otherwise shall not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

18. REGISTRATION AND DATA PRIVACY

18.1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are dealt in the Privacy Policy, which the User has the responsibility to read and understand the usage of such information by the Company.

18.2. The Company may in relation to the Website, collect information relating to the devices through which you access the Website, and anonymous data of Your usage. The collected information will be used only for improving the quality of the Website and to build new services. You hereby authorise and permit the Company to collect the aforesaid information.

18.3. Policy for NDNC

By using the Website and/or registering yourself at https://www.vikalpindia.com/, you authorize us to contact you via email or phone call or sms and offer you our services, imparting product knowledge, offer promotional offers running on website & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And irrespective of the fact that you might have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from Vikalp for the above-mentioned purposes till 365 days of your registration with us. This Privacy Policy covers Vikalp’s treatment of personally identifiable information that Vikalp collects when you are on the Vikalp site, and when you use Vikalp’s services. This policy also covers Vikalp’s treatment of personally identifiable information that Vikalp’s business partner shares with Vikalp. This policy does not apply to the certain Vikalp services, when you visit Vikalp pages, and when you enter promotions. Vikalp may also receive personally identifiable information from our business partners. When you register with Vikalp, we ask for your full name, contact no and email. Once you register with Vikalp and sign into our services, you are not anonymuous to us. Also, during registration, you may be requested to register your mobile phone and email id, pager, or other device to receive text messages, and other services to your wireless device. By registration you authorize us to send sms/email alerts to you for your login/otp details and any other service requirements or some advertising messages/emails from us.

18.4. The Website allows the Company to have access to registered Users’ personal email or phone number, for communication purposes.

18.5. The Company shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company.

18.6. The User is responsible for maintaining the confidentiality of the User’s account access information and password if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify the Company of any actual or suspected unauthorized use of the User’s account or password. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.

18.7. If a User provides any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to discontinue the right of the User to use the Vikalp Learning Program at its sole discretion.

18.8. The Company may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

19. NON SOLICITATION

19.1. You agree that without Vikalp’s prior written consent you shall not directly or indirectly or through any persons subject to your direction or control;

19.2. solicit or encourage any person to leave Vikalp or Vikalp Learning Program or other service of Vikalp or its Affiliates; or

19.3. otherwise divert or attempt to divert any business from the Company; or

19.4. interfere with the relationships between the Company and any of its customers, teachers, suppliers or others with whom Vikalp have business relationships or otherwise.

20. RELATIONSHIP

The User acknowledges and agrees that the use of Company’s website or Vikalp Learning Program does not, and shall not be deemed to

20.1. direct or control the User generally or otherwise;

20.2. create or establish any employment, partnership, joint venture, principal-agent or any other such relationship, except as may be created or established by execution of a separate valid document in form of a Contract, Agreement or otherwise.

21. AUTHORITY FOR LIMITED USE

Subject to your compliance with these Terms, Vikalp grants you a limited, non-exclusive, non-transferable license to –

21.1. use the Website, Vikalp Learning Program or any services provided by Vikalp;

21.2. download and install Application on mobile handset or computer system or any other electronic means, solely for your own personal and non-commercial use.

22. LIMITATION OF LIABILITY

22.1. In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto (including the Content), even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

22.1.1. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;

22.1.2. any unauthorized access to or alteration of your transmissions or data; or

22.1.3. any other matter relating to the Website.

22.2. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Terms of Use or a User’s use of the Website exceed, in the aggregate the amount paid by the user in the three (3) month period prior to the event giving rise to the liability.

23. INDEMNITY

23.1. You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from

23.1.1. your access to or use of the Website in any fraudulent manner;

23.1.2. your enrolment or attending of any course or any loss, damage, injury etc arising thereto to any person or otherwise;

23.1.3. violation of Terms of Use or Company Policies;

23.1.4. infringement, or infringement by any other user of your account with the Company; and

23.1.5. infringement of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

24. MODIFICATION

24.1. The Company may, at any time and without having to serve any prior notice to you, upgrade, update, change, modify, or improve the Website or Vikalp Learning Program or any part thereof in such manner as it may deem fit, and such upgrade, update, change, modify, or improve shall be deemed to be applicable from the time they are posted.

24.2. The Company may, at any time and without having to serve any prior notice to you, upgrade, update, change, modify, or improve the contents of the Terms of Use, in full or any portion thereof, for any reason, whatsoever, and at any time, and such upgrade, update, change, modify, or improve shall be deemed to be applicable from the time they are posted.

24.3. The Company also reserves the right to alter or remove any content from the Website without any notice and without any liability.

24.4. You are, therefore, requested to read the Terms of Use at regular intervals and it shall be your responsibility to be updated with the changes, modification, alterations so made.

24.5. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use, so modified.

25. ASSIGNMENT

User shall have no right to assign or transfer any rights covered under this Terms of Use, by operation of law or otherwise, except by Vikalp’s prior written consent. Transfer of any terms of this Terms of Use, without Vikalp’s consent, will be null and of no effect. However, Vikalp reserve the right to transfer at its sole discretion any terms or every terms of this Terms of Use without restriction/obligation of any kind. This sub clause shall be bind and shall inure to the benefit of the parties, their successors, and permitted assigns.

26. SEVERABILITY

If any provision of this Terms of Use 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 Terms of Use shall continue to be in full force and effect.

27. WAIVER

27.1. No provision of this Terms of Use shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by the Company.

27.2. Any consent by the Company to, or a waiver by the Company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

28. FORCE MAJEURE

Notwithstanding anything to the contrary contained herein, the Company shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, business slowdown, acts of war or terrorism, pandemic, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labour difficulties or civil unrest.

29. ANTI-BRIBERY AND ANTI-CORRUPTION

The User’s acknowledge and undertake that they are and shall always be in compliance with applicable Laws relating to anti-bribery and anti-corruption. They further represent and warrant that they shall not take any action that could result in liability for the Company and/or the Protected Person under any anti-corruption or anti-bribery laws.

The Users shall neither indulge themselves nor allow any other person to indulge into any kind of activities relating to corruption and bribery. They further shall promptly report to the Company any request received by such User for any undue financial or other advantage of any kind in connection to the Company or in connection to the clauses of this Terms of Use.

30. DISPUTE RESOLUTION AND GOVERNING LAW

30.1. This Terms of Use is published in compliance of, and is governed by the provisions of Indian law, including, but not limited to –

30.1.1. the Indian Contract Act, 1872;

30.1.2. the Information Technology Act, 2000 (the “IT Act”);

30.1.3. the rules, regulations, guidelines and clarifications framed under the IT Act, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);

30.1.4. the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”); and

30.1.5. the Consumer Protection Act, 1986.

30.2. This Terms of Use shall be governed by the laws of India and the parties submit to the exclusive jurisdiction of courts in Delhi.

30.3. In case of any dispute, the parties shall strive to resolve it with mutual Terms of Use, in the event the dispute persists, the dispute shall be referred to a sole arbitrator appointed with mutual consent between the parties and the matter shall be subject to the jurisdiction of Delhi. The Company shall not be liable for any damages, claims, losses, expenses, costs, obligations and liabilities, resulting from any fraudulent or illegal or unauthorized act of its employees or representatives in the performance of their duties.

30.4. Vikalp’s rights granted hereby are cumulative and in addition to any rights it may have at law or equity.

31. DISCLAIMER

31.1. This Terms of Use does not alter in any way the terms or conditions of any other agreement you may have with us, or our subsidiaries or affiliates.

31.2. If you are using the Website on behalf of any other person or entity or otherwise, you represent and warrant that you are authorized to accept these terms on behalf of such person’s or entity’s or otherwise, and that this Terms of Use shall be equally binding upon you and upon the person or the entity or otherwise on whose behalf you are using the site, application or services.

31.3. The Company, its employees and advisors make no representation or warranty and shall incur no liability to any person, including any User or Teacher, and such User and / or Teacher hereby waive all their respective rights against the Company, if any, under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost, or expense which may arise from or be incurred or suffered on account of –

31.3.1. anything contained in the Terms of Use or on account of the Vikalp Learning Program or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the material provided by the Company and any assessment, assumption, statement or information contained therein or deemed to form part of Vikalp Learning Program;

31.3.2. any statement, action, deed of any nature committed by any User.

31.4. The Company accepts no liability of any nature, whatsoever, whether resulting from negligence, act of imposing corporal punishment on students, any event of physical or sexual harassment or otherwise howsoever caused by Teacher.

31.5. The Company collects, directly or indirectly, and displays on the Website, information, comments, experiences of the Teachers and the Users. Although the Company screens and vets the information and comments collected and /or submitted by the Teacher(s)s and the Users, it cannot be held liable and / or responsible for any inaccuracies or incompleteness represented from it, despite such reasonable effort. The Parties agree that the Company shall have no liability, whatsoever, in respect of any claim that may arise against any party consequently or in relation to any information, comments or statement of any Teacher and / or User which is posted on its Website.

31.6. The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

31.7. The Website is provided to you on “As Is” basis. The Company hereby disclaims all representation(s) and/or warranty(ies), either express or implied, including without limitation, warranties of fitness for particular purpose, title, non-infringement. In addition, thereto, the Company makes no representations, warranties or guarantees that:

31.7.1. this Website shall be free from any error, loss, destruction, damage, corruption, attack, viruses, interference, hacking, other security intrusion,

31.7.2. the use or results of the use of the Website (including all of its content) is or will be accurate, reliable, current, and/or uninterrupted, and the Company disclaims any liability relating thereto.

32. NOTICES

All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service or mailed by registered or certified mail (return receipt requested) or sent via email at letters@vikalpindia.com, with due acknowledgment of complete transmission to the following address: First Floor, G17/C, South Extension Part 2, New Delhi 110049.

33. FEEDBACK, QUERIES & CONTACT INFORMATION

Feedback, Queries or comments about the Website, Vikalp Learning Program or any other services provided by the Company shall be directed to the Company at the email address: letters@vikalpindia.com. You may also contact the Company at the registered phone number. The designated Learning Manager will contact you within 48 hours.

34. Grievance Officer / Nodal officer

If you find any discrepancies or have any grievance related the quality of products and class being offered, the quality of teacher or discrepancies in offering verses the one committed by our Learning Manger, disclosure and transfer of your Personal Information under this Privacy Policy or any terms and conditions listed on www.vikalpindia.com, please contact the following:

Mr. Narender Kumar, the designated grievance officer under Information Technology Act, 2000 E-mail: letters@vikalpindia.com. The details of the grievance officer may be changed by us from time to time by updating this Privacy Policy.