Prayas Competitive Center (including its affiliate, Prayas Competitive Center) (“Company“, “We” or “Us” and their connotations) operates a website https://prayascompetitive.com/ which is engaged in the service of online tutoring of children. These terms and conditions (“Terms”) describe the terms on which the Company grants end users access to the Platform (hereinafter referred to as “Services”).
Anyone below 18 years of age is assumed to be a child (“Child”) and requires parental consent to use the Platform. The parents of the Child or users above 18 years of age are hereinafter referred to as “You”. The term “Users” for the purposes of these Terms shall be read as You and/or Child.
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Platform or Services after the posting of changes constitutes your binding acceptance of such changes.
By choosing to avail of any Services provided by the Company, you agree to be bound by these Terms. Please read the following information carefully. If you are a parent or guardian and you provide your consent for your child's use of our services, you agree to be bound by these Terms in respect of their use.
By your continued access or attendance to the course, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and stop accessing the Services.
The Institute facilitates offline/online education services to children. We aim at providing lessons on JEE, SAT, NEET, OLYMPIADS, and many such online courses to the Child. The concept is to create and give education, which helps the Child to learn and become confident without any restrictions on time and place.
We offer one (1) free demo class to the child so that they get an opportunity to experience the services provided by us. Only one (1) free demo class is permitted per new student. Scheduling multiple demo classes by an individual either through his/her own account or through someone else's accounts, email IDs, and/or in any other manner whatsoever, without the prior written permission of the Company is not allowed and shall amount to a breach of the present Terms. Any free demo class provided by the Company shall also be governed by these Terms.
The Company will have its sets of course planners according to which the Child is expected to complete his/her classes. The Company has tutors who will be assisting the Child with their curriculum as per the course planner. The Company shall also grant you access to its material, content, curriculum, documents, and other information and data (“Curriculum”) which may be in video, audio, written, graphic, recorded, photographic, or any other format in relation to the modules for which you have registered. The Company reserves the right to amend, revise, or update the Curriculum at any time.
The Company hereby grants You and the Child the limited, non-transferable, non-exclusive, and revocable license to access, view, and use the Platform (Prayas Competitive Center portal) only for the purposes of accessing, viewing, posting, or submitting user material, using the embedded link function, placing store orders, or for accessing information, applications, and services. The Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Platform. This license is limited to personal and non-commercial uses by You and your Child. Any rights not expressly granted to You herein are reserved to the Company. You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Curriculum, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the limited purpose mentioned above, without the Company’s prior written consent.
You acknowledge that the Company is the sole and exclusive owner of the Platform, the services provided by the Company, the curriculum, and its content, and as such, the Company is vested with all the Intellectual Property Rights and other proprietary rights in the Platform, the Services, content, and the curriculum. The Company may from time to time upload videos, audios/sound recordings, content, and other materials on the website which shall be the exclusive property of the Company. You undertake not to reproduce, transmit, retransmit, distribute, publish, post, share, or make available the said videos, audios/sound recordings, content, and other materials or any part thereof which are available on the Platform in any manner whatsoever. Additionally, the Company also retains all rights (including copyrights, trademarks, patents, designs, logos, trade dress, trade secrets, know-how, as well as any other intellectual property right) in relation to all information provided on or via its tutors, including but not limited to all texts, graphics, photos, illustrations, apps, and logos except the content, reading material, curriculum, tests, and exercises made available to you. You shall not copy, download, publish, distribute, or reproduce any of the information shared while delivering the course on social media in any form without the prior written consent of the Company. The Company retains all the rights in the video recordings, sound/audio recordings, images, photos, pictures/images clicked during the classes, lectures delivered by the Company’s tutors, text, and other material and shall be the sole owner of the same. You undertake that you shall not record, make videos or sound/audio recordings, take screenshots, click pictures, and shall not download, publish, transmit, display, reproduce, transmit, distribute, post, share, or make copies of any of the classes/lectures that are conducted by the Company (including the trial classes), video recordings, sound/audio recordings, images, photos, pictures/images, text, or other material, whether in full or in part, unless you obtain prior written approval from the Company. Any recordings, videos, sound/audio recordings, screenshots, pictures, images, material, or content which is obtained in any manner without the prior written consent of the Company shall amount to a breach of the instant terms and conditions and you shall be solely liable for the said breach under the applicable laws. All other rights are reserved.
Our refund policy ensures that all refunds are processed in a fair manner. In cases where a student expresses his/her intention of not attending the classroom and withdrawing his/her admission, he/she will have to send an email stating the reason for seeking a refund. The date of the email for the refund will be considered for the purpose of calculating the refund amount.
In the case where a student withdraws admission or communicates his/her intention not to attend the classroom within a week, the following fee will be refunded:
In the case where a student withdraws admission or communicates his/her intention not to attend the classroom within 15 days, the following fee will be refunded:
There will be no refund after one month of the admission process.
The course is a paid service, and the payments made by You shall be according to the plans opted by You through the course. You explicitly agree to pay the fees for the courses/plans 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, EMI Payment, Online Bank Transfer, and Wallet Payment.
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 amounts, etc., in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Us. In the case of a refund of EMI transactions, the User will be charged interest as per the bank’s regulations. Any charges related to app publishing (e.g., charges levied by the app store, play store) will be incurred by the User.
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.
The Company has subscribed to various third-party service providers, and you agree and acknowledge that, while accepting these terms, you explicitly grant permission to these service providers to use your information. In the event of any dispute between the third party and you, the Company shall not be held liable in any matter whatsoever.
The Company offers You and the Child the opportunity to submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions, or personally identifiable information. The Company may remove content at its discretion, subject only to its express obligations in respect of peer-reviewed articles.
You warrant and represent that your content, and the content of any website from which You include a link to any site, or to which You post a link from a site, will not be inappropriate. Without limitation, content (and the content of third-party websites) may be considered inappropriate if:
The Company will not be held responsible or liable for any of the User content provided by You on the Company website. You must not attempt to avoid or undermine any protections that the Company may put in place for the security and operation of any website.
You hereby explicitly consent and grant permission to the Company to record, make videos, audio/sound recordings, and take screenshots during the classes/lectures that are conducted by the Company to the extent required to improve the services offered by the Company.
All rights, ownership, and intellectual property in the ‘User Content’ created by your child during the period of the tutorial classes or the course shall vest in the Company. You hereby explicitly consent and transfer all such rights, ownership, and intellectual property in the ‘User Content’ to the Company for worldwide, royalty-free, and perpetual use. The Company shall have the sole and exclusive right to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display any/all such ‘User Content’.
You and your child undertake to use the Company’s intellectual property only for the purposes envisaged in the instant terms and shall not use the same for any unauthorized or unlawful purpose. Should you and your child use the Company’s intellectual property with any third party’s intellectual property in any manner, then you and your child will be solely responsible for obtaining all necessary permissions, authorizations, and licenses from the said third party.
In the event you and your child use the Company’s intellectual property beyond the limited rights granted to you and your child under these terms, then you and your child shall be solely responsible for the same and shall indemnify the Company for all losses, claims, and damages in this regard.
You hereby explicitly consent to receive emails, telephone calls, WhatsApp messages, or text messages from “Prayas Competitive Center” and/or “Prayas Competitive Center” for the purpose of providing alerts and information related to services.
Users must comply with the laws that apply to You in the location from which You access the Company’s Services. If any laws applicable to You restrict or prohibit You from using the Services of the Company, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of the Company. You promise that all the information You provide to the Company while accessing and/or using the Services of the Company is and shall remain true, accurate, and complete at all times.
You are held personally liable for any violation of a third party's rights by You and your Child. You agree to reimburse the Company for all damages resulting from the culpable non-observance of the obligations of these Terms. You release the Company from all eligible claims that other users or third parties may file against the Company due to a violation of their rights by content posted by the user or due to a violation of other obligations. You shall assume the costs of the Company’s legal defense, including all court and legal fees. This condition does not apply if You are not responsible for the infringement.
The Company ensures that the information and the training facilitated by the tutors is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information and coaching given by the tutors on the Platform. You agree and understand that the Company does not state or claim any warranty for the quality of lectures delivered by the tutors listed with us.
The Company undertakes the scrutiny of the curriculum delivered by the tutors; however, the Company does not always guarantee the quality of lessons delivered to the Child. At any instance of live interactive classes, if the tutor uses any sexual or abusive language, depicts any forced sexual acts or pornographic images, or does any unethical, unlawful, or immoral act, then in such cases, please immediately inform the Company at the contact provided below. The Company will make all efforts to take any and all necessary actions as per the applicable law. However, the Company explicitly disclaims any liability or responsibility in the event of such a circumstance.
The Company will not be held responsible for any unethical or illegal acts performed by the Child on the advice of the tutor, and it shall be your responsibility to closely monitor the activities of your Child during the course.
The Company facilitates educational and informational services on an "as is" basis and is liable only to provide its services with reasonable skill and care. The Company's liability for any and all claims in the aggregate, arising out of or related to your use of the curriculum, shall not under any circumstances exceed the amounts actually paid by You to the Company for its Services.
The Company does not warrant that the operation of the Service will be uninterrupted or error-free. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of the Company, including Internet outages, communications outages, fire, flood, war, or acts of God.
Except as provided above, there are no other warranties, conditions, or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
You agree that in relation to your use of the Service, You will not in any way conduct yourself in a manner that is unlawful, or which gives rise to civil or criminal liability, or which might call the Company or the Service into disrepute.
You agree that You are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.
No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. Users will be informed of any amendments to the general Terms via the Platform or via notice by email or in writing.
Without limiting any other rights that the Company may have, the Company may remove, restrict, cancel, or suspend access to Services provided by the Company and any part of it if the Company considers (in its sole discretion) that You have breached any of these Terms.
You may also terminate your agreement with the Company by ceasing to access the Service and deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies that have accrued up to the time of termination.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
Any rights and licenses granted hereunder shall not be transferred or assigned by You but shall be assigned by the Company. Any attempted transfer or assignment in violation hereof shall be considered null and void.
No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
Any dispute or difference, either in interpretation or otherwise, of the Terms and other Policies on the Platform, between the parties hereto, shall be referred to an independent arbitrator who will be appointed mutually, and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.
The seat of arbitration shall be held in Mumbai, and the language shall be English. The Terms shall be construed in accordance with the applicable laws of India. For proceedings arising therein, the Courts in Mumbai shall have exclusive jurisdiction.
Without any prejudice to particulars listed in Clause 17 above, the Company shall have the right to seek and obtain any injunctive, provisional, or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
This Agreement constitutes the entire agreement governing your use of our Website and supersedes any prior agreements, if any, relating to any matter dealt with in this Agreement.
If you have any questions about these Terms, please contact us by email or postal mail at the following address:
Name: Prayas Competitive Center