Devaguru Bṛhaspati Center (DBC) Online Terms and Conditions
PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE REGISTERING FOR DEVAGURU BṚHASPATI CENTER ONLINE. PARTICIPATION IN DEVAGURU BṚHASPATI CENTER ONLINE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN DEVAGURU BṚHASPATI CENTER ONLINE.
Introduction. This agreement (“Agreement“) between You and Devaguru Bṛhaspati Center Online (“DBC“) consists of these DBC Classes (“Classes“) Standard Terms and Conditions (“Terms and Conditions“). A description of the classes, as generally offered by DBC, is available at the About the School URL, located at https://devaguru.com, or such other URL as DBC may provide from time to time. “You” means any entity identified in an enrolment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of the Agreement.
- Class Participation. Participation in the Classes is subject to DBC’s prior approval. DBC reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. By enrolling in the Classes, You represent that You are at least 18 years of age.
- Communications Solely With DBC. You agree to direct to DBC, and not to any other parties, any communication regarding any teachings or practices learned in connection to DBC.
- Termination; Cancellation. To terminate/cancel your account, please send a request to firstname.lastname@example.org noting any and all information you would like permanently deleted from DBC.
- You agree not to disclose DBC Confidential Information without DBC’s prior written consent. “DBC Confidential Information” includes without limitation: (a) all DBC software, technology, programming, specifications, materials, guidelines and documentation relating to the Classes and Teachings. “Teachings” includes without limitation: all writings displayed on the websites and/or in paper form attributed to students and teachers of DBC for the purpose of educating You; (b) statistics relating to performance in the Classes provided to You by DBC; and (c) any other information designated in writing by DBC as “Confidential” or an equivalent designation. DBC Confidential Information does not include information that has become publicly known through no breach by You or DBC, or information that has been (i) independently developed without access to DBC Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party.
- No Guarantee. DBC makes no guarantee regarding the level of success a student will have. In addition, for the avoidance of doubt, DBC does not guarantee the Classes will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond DBC’s (or its wholly owned subsidiaries’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where DBC (or its wholly owned subsidiaries) or Your servers are located or co-located.
- No Warranty. DBC makes no warranty, express or implied, including without limitation with respect to advertising, links, search, referrals, and other services, and expressly disclaims the warranties or conditions of non-infringement, merchantability, and fitness for any particular purpose. To the extent ads, links, and search results are based on or displayed in connection with non-DBC content, DBC shall not have any liability in connection with the display of such ads, links, and search results.
- Limitations of Liability; Force Majeure.except for any indemnification and confidentiality obligations hereunder or your breach of any intellectual property rights and/or proprietary interests relating to the classes,
- in no event shall either party be liable under this agreement for any consequential, special, indirect, exemplary, or punitive damages whether in contract, tort or any other legal theory, even if such party has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy and
- DBC’s aggregate liability to student under this agreement for any claim is limited to the net amount paid by the student to DBC during the one week period immediately preceding the date of the claim.
- Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
- Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, and power failures.
- Representations and Warranties.You represent and warrant that (a) all of the information provided by You to DBC to enrol in the Classes is correct and current; (b) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (c) You further represent and warrant that each Property and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not pornographic, hate-related or otherwise violent in content.
- Your Obligation to Indemnify.You agree to indemnify, defend and hold DBC, its leaders, teachers, agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)“) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Property(ies), and/or Your breach of any term of this Agreement.
- DBC Rights. You acknowledge that DBC owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Classes and that You will not acquire any right, title, or interest in or to the Classes except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any DBC services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Classes or proprietary information related thereto. You will not remove, obscure, or alter DBC’s copyright notice or other proprietary rights notices affixed to or contained within any DBC services, software, or documentation. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
- This Agreement shall be governed by the laws of India, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in New Delhi, India. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after Your continued participation in the Classes after such terms have been updated by DBC. The failure to require performance of any provision shall not affect a party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties’ intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to DBC. Notwithstanding the foregoing, DBC may assign this Agreement to any affiliate at any time without notice. The relationship between DBC and You is not one of a legal partnership relationship, but is one of independent contractors.