Terms & Conditions

Last updated on 01-Sep-2021

1. Introduction
 The terms and conditions contained hereinafter (“Terms of Use”) shall apply to your (“you”, your” or “User”) use of the website https://www.nalandalearning.org/ and any other linked pages, sub-domains, images, features and content offered from time to time by Nalanda Learning Systems Private Limited, a company incorporated under the provisions of the (Indian) Companies Act 1956 (“the Company” or “we” or “our” or “us”) (collectively referred to as “Website“).

By accessing the Website and/or using any of the Services through the Website, you acknowledge to have read, understood and you consent to being governed and bound by these Terms of Use and the Privacy Policy and this constitutes a binding and enforceable agreement between you and the Company. If you do not understand these Terms of Use or the Privacy Policy, or do not accept or agree to any part of them, then you are requested to not use the Website.

These Terms of Use are an electronic record in terms of the Information Technology Act 2000, as amended from time to time, and rules framed thereunder (“IT Act“). This electronic record is generated by a computer system and does not require any physical or digital signatures.

For the purpose of these Terms of Use, wherever the context so requires, the term “you” or “your” or “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of himself/herself or any other legal entity.

It is further clarified that the Privacy Policy (that is provided separately), forms an integral part of these Terms of Use and should be read in conjunction.

2. Changes to the Terms of Use
The Company reserves the right, at its discretion, to change, modify, amend, add or remove portions of these Terms of Use at any time without any prior notice. We recommend that you review these Terms of Use periodically to ensure that you are aware of the current Website usage practices of the Company. Any such changes will be effective immediately. By continuing to use this Website after changes are made, you agree to be bound by the revised/amended Terms of Use.

3. Privacy and Protection of Data or Information

Your privacy is extremely important to us. Upon acceptance of these Terms of Use you confirm that you have read, understood and unequivocally accepted our Privacy Policy.

4. Definitions

 Account” shall mean a profile created by a User on the Website;

 “Content” shall include, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on the Website;

“Service” shall include any and all usage of the Website including accessing and browsing the Website, attending classes by the students under the “Nalanda Learning Online Programme” and any other services available on the Website in accordance with the terms and conditions set out under these Terms of Use.

5. Account and Registration Data
A User is required to register on the Website by providing the registration details (“Registration Data”) and create an Account for accessing the Services. You agree that any information including the Registration Data that you provide for creating the Account on the Website will always be accurate, correct, complete and up to date. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with these Terms of Use (whether wholly or in part thereof), we reserve the right to reject your registration and/or indefinitely suspend or terminate your Account and to refuse to provide you access to the Website. We shall be entitled to remove any such detail/ information/ Registration Data posted by you without any prior intimation to you.

Any amendment or rectification of your Registration Data in the Account can be done by accessing the “User Account” section on the Website. You may delete your Account at any time. We may maintain backup of all Registration Data for such time as may be required under applicable laws. You are solely responsible for maintaining the confidentiality of your Account and password and for any activity that occurs in or through your Account. We will not be liable to you or any person for any loss or damage which may arise as a result of any failure by you to protect your password or Account. You should take all necessary steps to ensure that the password for your “User Account” is kept confidential and secure. You will immediately notify the Company of any unauthorised use/ breach of password or the Account at legal@nalandalearning.org.

6. Representation and warranties
You represent and warrant that you are legally entitled to enter this Website and you agree to these Terms of Use and you are of legal age as per applicable laws in your jurisdiction to enter into an enforceable agreement with us. As a minor if you wish to use our Services, such use shall be made available to you by your legal guardian or parents, who has agreed to these Terms of use. In the event a minor utilizes the Website/Services, 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 that arises as a result of misuse of any kind of our Services that may occur by virtue of any person including a minor registering for the Services provided.

You agree to use the Services only for purposes that are permitted by (a) these Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

Unless you have been specifically permitted to do so in a separate written agreement with the Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. If you reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, you will be solely liable for such act and the Company may take appropriate legal action against you.

7. Services Description
We have made every effort to display as accurately as possible the actual description of the Services on the Website. We do not warrant that the Services description and other Content on the Website is accurate or error-free. By accessing, browsing and using this Website, you agree and acknowledge that you understand and agree that you will not rely on the information and materials contained in this Website for any purpose except as is specifically intended. You further agree that in all actual matters, you are ultimately responsible for determining your specific requirements.

8. Intellectual Property Rights
All intellectual property rights in this Website, the designs, graphics, artistic works, brands, Content, applications, software, underlying source code and all other aspects of this Website belong to us solely and exclusively, unless specifically mentioned otherwise.

a. Copyright

All Content included on the Website, such as text, graphics, logos, button icons, images, artistic works, graphical user interface of the Website, diagrams, drawings, audio-visual recordings, digital downloads, data compilations, and software including the source and the object code, is the property of the Company or its content suppliers and is protected by the applicable intellectual property laws.

b. Trademarks

The (i) trademark ‘Nalanda Learning’ and its logo, (ii) trademark ‘Nalanda Learning ASSIST’ and its logo, and (iii) other trademarks marks and logos on the Website are owned by and/or licensed to the Company.

c. Intellectual Property Claims

While the Company strive to ensure all Contents posted are credible, based on facts and do not infringe on other people’s intellectual property rights, there may be an occasion when Content is provided by other parties, and/or may include material that infringes on the copyright a third party. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at legal@nalandalearning.org with your concerns requesting such content to be removed or access to it be blocked and we will try to address your concerns.

No part of this Website including any Content either in whole or in parts, may be reproduced, adapted, distributed, communicated to the public, modified or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission.

9. Use limitations

The Website and the Content available on the Website are intended solely for personal and non-commercial use by the Users. As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You are expressly and emphatically restricted from all of the following:
  • publishing any Website material or Content in any media;
  • selling, sublicensing and/or otherwise commercializing any Website material or Content;
  • publicly performing and/or showing any Website material or Content;
  • using this Website in any way that causes, or may cause damage, disruption on the Website or otherwise which may impair or overburden the functioning of the Website;
  • using this Website in any way that impacts user access to this Website;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  • using this Website to engage in any advertising or marketing, except as authorized by the Company in writing to select third parties;
  • “deep-linking”, “page-scraping”, use of “robots”, “web-spiders”, “web-crawlers” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its materials and Content or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents, Content or information through any means not purposely made available through the Website; and
  • gain or attempt to gain unauthorized access to the Website or any part thereof, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
 10. License to the Contents of the Website

Any Content provided on the Website is owned by the Company. Unless otherwise indicated on the Website, all Content provided in the Website is the sole property of the Company and any usage of the same must be according to these Terms of Use. Except as provided in these Terms of Use, you agree not to distribute or provide access to any Content of the Website without our prior written approval.

Subject to your strict and full compliance with these Terms of Use, the Company, hereby grants you a personal, limited, non-exclusive, non-transferable, non-sub-licensable and revocable license to use the Content strictly for your private and personal use and non-commercial viewing.

Except for the rights to use granted under these Terms of Use, no other rights are granted to you with respect to the Content, either by implication, estoppel, or otherwise.

11. Limitation of Liability

We take no responsibility for any loss or damage suffered as a result of our Services, except as specifically provided under applicable law, even if we could have foreseen the loss, or the possibility of it was brought to our attention. Any Services you avail from our Website is completely at your discretion and you accept that you make the payment after being completely acquainted about the Services, its features, characteristics, usage etc. We are not liable for any kind of damages or losses whatsoever suffered by any User due to the Services.

All information and related content on this Website are provided on an “as is” basis without warranty of any kind. To the maximum extent permitted by applicable law, in no event shall the Company be liable to you for any direct, special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages for loss of use, loss of business profits, business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access the Website, or for any security breach or any virus, bug, unauthorized intervention, defect, or technical malfunctioning of the Website, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, your use of, or access to, the Website or the Content. Further, the Company shall not be liable to you for any temporary disablement, permanent discontinuance or modification of the Website by the Company or for any consequences resulting from such actions.

In no event shall the Company and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for loss of use, loss of business profits, business interruption, loss of information, or any other pecuniary loss) for or in relation to: (a) loss of use, data or profits arising out of or in any way connected with the use or performance of Website; (b) any delay or inability to use the Website; (c) the provision of or failure to provide any information or Services obtained through the Website; (d) or otherwise relating to the use of the Website or the Services; whether or not all of the above losses, claims or damages are based on contract, tort, negligence, strict liability, even if the Company and/or its affiliates and/or its associates have been advised of the possibility of such losses, claims or damages.

12. Termination (Temporary and Permanent Disablement)

We reserve the right to modify, change, alter or discontinue any aspect of the Website including the Services at any time. Unless otherwise provided in these Terms of Use, your right to use of the Website/ Account may be terminated/ suspended by the Company without assigning any reasons at any time at the sole discretion of the Company.

You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Website.

Upon termination/ suspension, you shall not have the right to use or access the Website/ Account. Upon any termination, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under these Terms of Use or otherwise.

13. Governing Law, Settlement of Disputes and Jurisdiction

These Terms of Use and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. The User agrees that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought exclusively in the competent courts/ tribunals having jurisdiction in Kolkata, India and irrevocably submit themselves to the jurisdiction of such courts/ tribunals.

14. Indemnity

You agree to indemnify us and other persons involved in the creation of this Website for all damages, losses and costs (including legal costs) which arise out of or relate to your use of this Website or any acts committed by you in violation of applicable laws, these Terms of Use and the Privacy Policy. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and breach of these Terms of Use or the Privacy Policy.

15. Links to Third Party Websites

This Website provides links to various websites, applications, services, for your convenience only and we have no control over these third-party websites and/ or applications. Some of the links may be related to the websites, applications and/ or services provided by our affiliate(s). We do not maintain, sponsor or recommend any third-party websites, though the Website may contain advertisements. We do not assume any responsibility for them or their content or accessibility. In particular, we shall not be liable for any infringement of intellectual property rights of any person, or any information or opinion on third party websites. Your use of those linked sites, mobile software applications, and services are subject to the terms of use and privacy policies of each such website(s), applications and or service(s).

This Website, the Contents and/ or any Services under this Website are accessed via the World Wide Web, which is independent of the Website. Your use of the World Wide Web is solely at your own risk and subject to all applicable laws and regulations. We have no responsibility for any information or service obtained by you on the World Wide Web.

16. Force Majeure

The Company shall be under no liability whatsoever in the event of non-availability of the Services or the Account or any portion of the Website occasioned by a Force Majeure Event. A “Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, medical emergency, pandemic, public health emergency, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.

17. Entire agreement

Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and the Company with respect to the Website/ Services and it supersedes all prior communications and proposals, whether electronic, oral or written.

18. Severability

If any of the provisions of these Terms of Use are deemed invalid, void, or for any reason unenforceable, that part of these Terms of Use will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms of Use.

19. No waiver for breaches

Any failure by the Company to enforce these Terms of Use, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.

20. Complaints and Grievance Redressal

Any complaints or concerns with regards to content of this Website, the Services or comment or breach of these Terms of Use or any intellectual property of any User shall be immediately informed to the designated Grievance Officer as mentioned below.

Ms. Debasree Chattopadhyay (Grievance Officer)
Designation: Sr. Manager – Human Resource
Email: debasree.c@nalandalearning.org
Landline: +91-33-4003-0971/72

21. Contact information and customer care

 For any queries on the use of the Services, please get in touch by filling in the form on the “Contact Us” page or alternatively email us at customersupport@nalandalearning.org or call us on +91-33-4003-0971/ on Monday-Friday between 11 AM – 5 PM.