Terms & Conditions
1. These Terms & Conditions (“Terms”) govern the use of our website accessible at the domain name: www.qshala.com or any website of the Company (“Website”), our applications (“Application”), any products or services in connection with the Application/Website/products (“Services”) or associated products managed by the Company (“Products”) through registration (by any modes) or otherwise between Walnut Knowledge Solutions Private Limited (“Company/We/Us/Our”) and its users (“User/You/Your”).
2. These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 as amended from time to time.
4. Your use/access/browsing of the Application or Website or the Services or Products or registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
6. Except as mentioned in the Terms, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services and Products are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on the Application or Website or Services or Products shall be deemed to confer a license or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. You may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights used by the Company on such medium. Certain contents on the Application, Website, Services and Products may belong to third parties or are allowed for commercial use. Such contents have been reproduced after taking prior consent from the said third party and all rights relating to such content will remain with such third party. Further, You recognize and acknoweldge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.
7. Your use of our Website, Application, Services and Products is solely for Your personal and non-commercial use. Any use of the Application, Website, Services or Products or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Application, Website, Products and / or our Services shall be subjected to the following restrictions:
a. You may not decompile, reverse engineer, or disassemble the contents of the Application, Website, Services and / or Products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application, Website, Services and / or Products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application, Website, Services and / or Products.
b. You will not (a) use this Application, Website, Services and / or Products for commercial purposes of any kind, or (b) advertise or sell on the Application, Website, Services and / or Products (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any of the Company’s forums for commercial purposes of any kind, or (c) use the Application, Website, Services and / or Products in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company.
c. No User shall be permitted to host, display, upload, modify, publish, transmit information involving the following prohibited activities or perform any of the following prohibited activities while using the Application, Website, Services and / or Products (as the case maybe):
i. belongs to another person and to which the user does not have any right to;
ii. is grossly harmful, misleading, unlawful, blasphemous, disparaging, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, pornographic, paedophilic, lewd, lascivious, profane, relating or encouraging gambling or money laundering, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or otherwise unlawful in any manner whatever;
iii. harms minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in any nature;
vii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
viii. 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 any other nation.
ix. stalking, intimidating and/or harassing another and/or inciting other to commit violence;
x. transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
xi. interfering with any other person's use or enjoyment of the Application/Website/Services/Products;
xii. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
xiii. make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content or material;
xiv. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
xv. any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application, Website, Services and / or Products, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
xvi. access or use the Application/Website/Services/Products in any manner that could damage, disable, overburden or impair any of the Application's/Website's servers or the networks connected to any of the servers on which the Application/Website is hosted;
xvii. intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application/Website/Services/Products, violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/Services/Products, or engage in any activity prohibited by these Terms;
xviii. disrupt or interfere with the security of, or otherwise cause harm to, the Application/Website/Services/Products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Website/Services/Products or any affiliated or linked sites;
xix. interfere with, or inhibit any user from using and enjoying access to the Application/Website/ Services/Products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Application/Website/Services/Products;
xx. use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services/Products, to access, acquire, copy or monitor any portion of the Application /Website/Services/Products, or in any way reproduce or circumvent the navigational structure or presentation of the Application/Website/Services/Products, or any content thereon, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/Products;
xxi. alter or modify any part of the Application/Website/Services/Products;
xxii. use the Application/Website/Services/Products for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
xxiii. violate any of the terms specified under the Terms for the use of the Application /Website/Services/Products.
8. By submitting content on or through the Application/Website/Services/Products (your “Material”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate your Material with you, except as described below and in accordance with applicable law. You agree that others may use Your Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose Your Material in accordance with these Terms. If You delete Your user account Your Material and name may remain available through the Application/Website/Services/Products.
9. By accessing the Application/Website/Services/Products, You understand, acknowledge and consent to disclosure of Your and Your ward/students information (whether falling under the definition of ‘personal information’ or ‘sensitive personal data or information’ under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 or otherwise) to third parties, in accordance with applicable law.
10. In the preparation of the Application/Website/Services/Products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limitation, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application. Any feedback from User is most welcome to make the Application and contents thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/Products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
11. Our Application/Website/Services/Products provides Users with access to compiled educational information and related sources. Such information is provided on an As Is basis and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Application/Website/Services/Product. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Application/Website/Services/Products may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without the Company's prior written consent.
12. The contents of the Application/Website/Services/Products are curated, collected and crafted basis what the Company thinks is interesting, relevant, contextual and relatable to students with respect to concepts covered in their syllabus. The usage of the Application/Services/Products is not endorsed as a substitution to the curriculum-based education provided by educational institutions. The Company acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Application/Services/Products does not imply endorsement of any particular method nor does the exclusion imply disapproval. Subscription to the Application or usage of our Services/Website/Products does not in any manner guarantee passing of any exams or achievement of any specified percentage of marks in any examinations or admission to any educational institutions.
13. Some parts of the Application/Website/Services/Products are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. The Company accepts no responsibility or liability for any material communicated by third parties in this way. The Company reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, We will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether We have certified any information uploaded by the User. We would not be responsible to verify whether such information or contents placed by any User contain infringing materials or not.
14. The Company may, based on any form of access to the Application (including free download/trials) or Products or Services or Website or registrations through any source whatsoever, contact the User through text message, email and call, to give information about its Application/Website/Services/Products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, text message, e-mail and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User's mobile number is registered with Do not Call (DNC) database. By registering yourself , you agree to make your contact details available to Our employees, associates and partners so that you may be contacted for educational information and promotions through telephone, text message, email etc.
15. While the Company may, based on the User's confirmation, facilitate the demonstration of its Products at the location sought by the User, the User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the Products and that User has relied solely on the investigations, examinations and inspections as the User has chosen to make and that the Company has afforded the User the opportunity for full and complete investigations, examinations and inspections.
16. Upon registration through any means whatsoever, the Company may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Application/Websites/Services/Products. The User expressly permits the Company to contact him/her and the student utilising the Application/Websites/Services/Products, through the above mentioned means at any time post registration. Further, the Company shall have the right to monitor the download and usage of the Application/Websites/Services/Products and the contents thereof by the User/student, to analyze such usage and discuss the same with the User/student to enable effective and efficient usage of the Application/Websites/Services/Products. The User expressly permits the Company to correspond with the student including but not limited to clarifying the content to the student while using the Application/Websites/Services/Product/online portal by answering the questions placed before it, providing additional information, providing feedback, communicating with the student and mentoring the student through telephone or e-mail.
17. While the Company has made efforts to train the personnel engaged in the sales and services relating to its products to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Company reserves the right and discretion to take any action in this regard.
18. Access to certain elements of the Application/Websites/Services/Products may be subject to separate terms, conditions and fair usage policy. The Company reserves the right to determine the criteria for provision of various elements of Application/Websites/Services/Products to the different categories of Users based on its policies. Hence, subscription to the Application/Services/Products or registrations do not automatically entitle the User to any and all elements of Services/Products provided by the Company and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of the Services/Products. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Application/Services/Products at Our discretion.
19. The Company's Application/Website/Services/Products and content, are compatible only with certain devices/tablets/instruments/hardware. The Company shall not be obligated to provide workable products and / or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Application/Websites/Services/Products. The Company reserves the right to upgrade the type of compatible devices as required from time to time.
20. You have to specify the address to which the shipment has to be made at the time of registration. All material(s) shall be delivered directly to the address as specified and You cannot, under any circumstances whatsoever, change the address after the material is shipped. In case of any change in the address, You need to specify the same to us in writing well in advance to the shipping date. Any inconsistencies in name or address will result in non-delivery of the material(s).
21. In order to access the Services and to avail the use of the Website/Application/Products, You shall be required to register yourself with the Application/Services/Products, and maintain an account with the Application/Services/Products. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address, residential address, grade/class of the student, school name, payment information (credit/debit card details) if required, and any other information deemed necessary by the Website/Application/Service/Product.
With respect to the provision of information, the following may be noted:
It is Your sole responsibility to ensure that the account information provided by You is accurate, complete and latest.
You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify the Company of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account, at our sole discretion, without any liability to the Company, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility to the Application/Website/Services/Products at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to You for any damages arising from Your inability to log into Your account and access the services of the Application/Website/Services/Products at any time.
22. Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application/Website and all Our Products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our Products or Services. As a minor if You wish to use Our Products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/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 Application/Website/Products/Services that may occur by virtue of any person including a minor registering for the Application/Services/Products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that student using the Application has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Your subscription and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Application.
23. You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Application/Website/Services; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services/Product has caused damage to a third party. This defence and indemnification obligation will survive these Terms.
24. In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.
25. In the event of Your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company's right to obtain such relief shall not limit its right to obtain other remedies.
27. Governing Law and Exclusive Jurisdiction: The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Bengaluru and You hereby accede to and accept the jurisdiction of such courts. If any dispute arises in relation to the Terms, out of or in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms or regarding a question, including the questions as to whether the termination of this Termination has been legitimate, the Company and the User shall endeavour to settle such dispute amicably. (collectively referred to as ‘Parties’ and individually as ‘Party’).
In the case of failure by the Parties to resolve the dispute amicably within 30 working days from the date when the dispute arose, then the Parties to the dispute may invoke arbitration proceedings for resolution of disputes and differences which shall be finally settled under the Arbitration and Conciliation Act, 1996. The Parties shall mutually appoint a sole arbitrator. Should the Parties be unable to appoint a sole arbitrator, such arbitrator be appointed in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Bengaluru, India and the arbitration proceedings shall be conducted in the English language. The arbitrator shall also decide on the costs of the arbitration proceedings.
The arbitrator’s award shall be in writing and the Parties shall submit to the arbitral award, which shall be final and binding on the Parties and be enforceable in any competent court of law.
Each Party shall bear and pay its own costs and expenses in connection with the arbitration proceedings unless the arbitral panel directs otherwise.
28. The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website, Application, Services or the Product as it deems fit at any time without notice. Further, the Company has the right to amend these Terms from time to time without prior notice to you. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Website, Application, Services or the Product. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Website, Application, Services or the Product. All prices relating to the Application, Services or the Product are subject to change without notice.
29. DISCLAIMER: THIS WEBSITE, THE APPLICATION, THE SERVICES AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION/PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES (DIRECT, INDIRECT, SPECIFIC, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LIQUIDATED OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, OR THE APPLICATION OR THE SERVICES OR THE PRODUCTS. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT THE OFFERINGS PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
30. General Provisions:
Notice: All notices served by the Company shall be provided only via email to Your account or as a general notification on the Application/Website/Product/Service. Any notice to be provided by You or your representative to the Company shall be valid and should be sent to firstname.lastname@example.org.
Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company's rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
Relationship: You acknowledge that Your participation on the Application/Website/Product/Service, does not make You an employee or agency or partnership or joint venture or franchise of the Company.
The Company provides these Terms so that You are aware of the terms that apply to your use of the Application/Website/Product/Service. You acknowledge that, the Company has given You a reasonable opportunity to review these Terms and that You have agreed to them.
Any feedback You provide with respect to the Application shall be deemed to be non-confidential except in accordance with applicable law. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback and (iii) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.
Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even if such content is offensive, hurtful or offensive. Please exercise caution while accessing the Application/Website/Product/Service.
32. Customer Care
We make all best endeavours to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at email@example.com.
The Application/ Website/Services/Products is a paid service and the payments made by You shall be according to the plans opted by You through the Application/ Website/Services/Products. All payments by Users shall be through the payment mechanism put in place by Us. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms. The payment gateway mechanisms are governed by the terms and conditions of the third party providers as listed on the Platform and the User agrees to be bound by those terms.
Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Us.
Any free trials provided on the Platform, shall also be governed by these Terms.