In case of contradiction, these Terms supersede all previous oral and written terms and conditions (if any) communicated to the User relating to the use of the Services.
GVD reserves the right to change, update or modify these Terms, in whole or in part, without prior notice to the User, provided, however, that a notification of such change, update or modification will be made available on the website. Every User is advised to keep themselves updated with such updations. The User’s uninterrupted and continued usage of the Services offered by GVD shall be deemed as acknowledgment and acceptance of the changes, updates, or modifications to these Terms.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or GVD has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, GVD has the right to discontinue the Services to the User at its sole discretion and take all other actions as GVD may, in its sole discretion, deem necessary.
The User hereby irrevocably and unequivocally authorizes GVD to utilize User related information for the purposes set out below:
- providing and maintaining the Services in accordance with these Terms
- disclosing User related information to its directors, officers, employees, advisors, auditors, counsel, or its authorized representatives on a need-to-know-basis for and in relation to the provision of the Services
- notifying the User of any change in the Services and
- monitoring the Services and detecting, preventing, and addressing technical errors/ problems in relation to providing and/or availing the Services.
The User is accountable for all the content uploaded or conveyed through the use of the services by the User. The User hereby understands and agrees not to upload or otherwise convey any content that is unfavorable, derogatory, unpleasant, or otherwise objectionable to GVD or the other Users registered with GVD or not in compliance with applicable law. The User further agrees not to upload programs and files containing any computer viruses/ code, hindering or having the potential to hinder the operations of any computer software/ hardware. GVD reserves the right to edit or remove any content that violates these Terms. GVD shall at all times be indemnified and held harmless by the relevant User in respect of any loss, damage, or claim to arise from or in connection with or relating to any non-compliance by such User of the obligations or restrictions set out in this paragraph.
The User agrees to, at all times, avail Services and provide/ receive the tutoring services through the Platforms in accordance with applicable laws. Any use of the services that GVD, in its sole discretion, finds inappropriate may result in suspension and/or termination of the User with GVD. The User would also be liable and responsible to keep GVD indemnified and held harmless against any loss/ damages, threatened, suffered, or incurred by GVD due to the User’s breach of any applicable law. The User agrees and acknowledges that GVD shall, in no event whatsoever, be liable for any loss, claim or damage to any User, monetary or otherwise, be liable for any act or omission of a User in the course of availing the Services, and GVD shall at all times be indemnified and held harmless by the relevant User in respect of the above.
- RIGHTS OF GVD
GVD, at all times, reserves the right to reject or disable access to the Services for a User in the event of the User’s violation of any applicable law or the Terms, including but not limited to, in relation to the safe and secure operation of the services.
GVD has the right to modify, suspend or terminate all or part of the Services including its features, structure, and layout, and/or suspend or deactivate, whether temporarily or permanently, the User’s access to the services, at any time, without prior notice to the User. However, GVD would ensure the User shall be provided with a reasonable period of time and governed by the individual Service Level Agreement executed with the User.
GVD shall endeavor to provide the Users an advance notice of any suspension or deactivation of the services for the purposes of repair/ maintenance, any inspection or testing by a government authority, up-gradation, testing, or any other reason as GVD may deem fit.
- INTELLECTUAL PROPERTY
“Intellectual Property” means and includes the contents on the Platforms, including but not limited to, text, graphics, images, logos, trademark, flowcharts, drawings, and other confidential and proprietary information, data, documents, instruction manuals, records, memoranda, notes, ideas, concepts, materials, music, software code, design and the collection, arrangement and assembly of the content on the Platforms, each of which is not in the public domain or would by its very nature not fall within public domain.
GVD reserves the right to initiate appropriate legal proceedings against any User for infringement of its Intellectual Property, in accordance with applicable law. The User acknowledges and agrees that the User-related information shall be commercially exploited and used by GVD for the purposes specified in these Terms.
- LIMITATION OF LIABILITY
The User understands and acknowledges that the User assumes certain risks prior to interacting with other Users on and through the Platforms, which shall be at the sole risk of the User. The User shall be solely responsible for such User’s personal assessment of specific requirements with regard to interaction with other Users. It is the User’s sole responsibility to conduct reference checks regarding other Users and making an informed decision accordingly.
GVD shall not, in any manner whatsoever, be responsible for or be held liable for any loss, damage, or claim arising from or in relation to or as a consequence of any act or omission of any User, including but not limited to, any deficiency at the User end.
GVD expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any content on the Services made available to GVD by any User.
GVD shall not be held liable or responsible for indemnifying, refunding, or reimbursing any User for any loss, damages, or expenses suffered or incurred by such User as a consequence of the suspension or termination of the Services provided by GVD.
GVD shall not be liable for any third-party fees, costs, charges, or expenses incurred by the User for availing the Services or outside the scope of the Services. GVD shall not be liable in respect of any disputes or legal proceedings between the User and such third parties for any reason whatsoever and any such disputes or proceedings shall be resolved outside the scope of services without any reference or recourse to GVD, at the sole risk of the Users.
GVD shall not be liable for the non-performance or defective or late performance of any of the Services or any of its obligations under these Terms to such extent and for such period of time if such non-performance, defective performance, or late performance is due to acts of God, war (declared or undeclared), civil insurrection or unrest, acts (including failure to act) of any governmental authority, order/ directives issued by any court/ tribunal/ body of competent jurisdiction, riots, revolutions, fire, floods, strikes, pandemics, lock-outs or industrial action.
- breach of any terms of these Terms by any User;
- violation of any rights of another User;
- disputes with or between other Users or between Users and third parties;
- use and/or misuse of the services, including without limitation, in relation to any information, content, and/or materials or provided by the Users;
- inaccurate, untimely, incomplete, or misleading User related information, including without limitation, with respect to registration, profile, or eligibility;
- any conduct of any User in the course of providing any service or otherwise in the course of use or access of the services; and
- claims made by any government authority or any other User due to any User’s violation of applicable laws.
- WAIVER AND SEVERABILITY
No failure or delay on the part of GVD in exercising any right/ remedy shall operate as a waiver of such right/ remedy. Further, no waiver by GVD of any term or condition contained under these Terms, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of these Terms on any future occasion.
- GOVERNING LAW AND JURISDICTION
Any action, claim, dispute or difference arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination (“Dispute”) shall be governed by and construed in accordance with the laws of India and the courts in New Delhi shall have exclusive jurisdiction over the Disputes. Notwithstanding anything contained herein, GVD shall not be restricted or withheld from instituting proceedings in courts/ tribunals of any jurisdiction other than New Delhi that it may, in its sole discretion, deem appropriate and convenient.