TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These terms and conditions (together with any additional terms and conditions, disclaimers, policies, rules, agreements and procedures which are present or may be posted on the Website/Application, whether described or incorporated by reference below or otherwise, Terms of Use) govern the access to, or use of, our website located at https://www.athenaeducation.co.in/ (“Website”), our Web Application (“Application”) and the other associated applications, products, websites and services managed by the Company (together with all of its subsites, and all software, features, services and tools made available or offered through such Android/iOS app, website or subsites,), by each person, natural or otherwise, directly or indirectly through an agent, representative or intermediary, (each such person accessing, transacting on, or otherwise using, the Website/Application, a User).

The Website is owned and operated by Athenaeum Jupiter Private Limited (“ Company”), a company incorporated under the Companies Act, 2013, and having its registered office at 1st floor, Vatika Triangle, Block A, Sushant Lok I, Phase 1, MG Road, Gurgaon 122002.

YOU UNDERSTAND, ACKNOWLEDGE, AGREE AND ACCEPT ALL THE TERMS AND CONDITIONS UNDER THIS TERMS OF USE (AS AMENDED FROM TIME TO TIME), SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE/APPLICATION.

The Terms of Use and any documents incorporated in these Terms of Use may be revised, modified, or replaced in their entirety, by the Company, at its sole discretion, from time to time. We will provide you a notification about any updates to these Terms of Use and your continued use of the Website/Application following the posting of any changes to the Terms of Use will mean that you accept and agree to such changes. Subject to your compliance with the Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website/Application.

The terms “you” and “your” hereunder refer to the User.

The terms “we”, “us”, and “ our” refer to the Company.

Should you have any clarifications regarding the Terms of Use, please contact us at enrolment@athenaeducation.co.in

1. ACCOUNT AND ELIGIBILITY

By accepting these Terms of Use, you represent and warrant that you are at least 18 years of age and have the right, authority, and legal capacity to accept these Terms of Use. If, at any time, the Company is of the opinion that you do not satisfy the eligibility criteria, or that you have made any misrepresentation about your eligibility, it retains the right to disable your access to the Website/Application immediately and our third-party payment provider or payment gateway service provider would handle any online payment already made through them in accordance with their policies in relation to the same.

Please note that there could be risks in dealing with underage persons or people acting under false pretence. Please immediately cease the use of the Website/Application if you under the age of 18. We take no responsibility for you continuing to use our Website if you are under the age of 18.

2. COMMUNICATIONS

When you use the Website/Application or send e-mails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We or our affiliates, consultants and advisors may communicate with you by mobile notification, email, phone or by such other mode of communication, electronic or otherwise. If, at any time, the Company is unable to contact you for a period of 1 month, it retains the right to assume you are an inactive user and disable your access to the Website/Application immediately.

If you have registered your phone number on the ‘Do Not Disturb’ registers you should take necessary steps to enable us or our affiliates, consultants and advisors to contact you by phone, SMS or by such other mode of communication. You should take necessary steps to ensure that no such communication is registered as a compliant with the relevant authorities for the same. You can write to us at enrolment@athenaeducation.co.in to unsubscribe from receiving certain data or communication.

3. USE OF PROGRAMS

The Company offers personalized Mentorship Programs for 9th-12th Graders (“ Programs”). Each such Program may have a separate set of terms governing such Programs, and Users/clients execute separate written agreements with us, which, in the event of a conflict, will supersede these Terms of Use to the extent of the conflicting provisions.

4. ONLINE PAYMENT

Some Users may choose to pay the Fees for the personalized Mentorship Program through the online payment facility of the Website or a link to the Payment Gateway Service provider which has been provided through a third-party payment provider (“Online Payment Facility”). Such Users are required to ensure they have internet access and a current valid accepted payment method. By using a third-party payment provider, Users agree to abide by the terms of such a payment provider. Users agree that in case the Company’s third-party payment provider stores any such information, the Company will not be responsible for such storage, and it will be solely at the Users discretion to allow the third party to store such information. Any loss of such information or any loss incurred by the User due to the usage of such information will be solely a loss incurred by the User, and the Company is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. The Online Payment Facility may not support all payment methods, currencies or locations for payment and all applicable taxes may be calculated based on the billing information you provide to the Online Payment Facility at the time of using the ​​Online Payment Facility.

All Users using the Online Payment Facility are requested to please read this carefully before making an online payment. By using the Online Payment Facility on the Website you accept these Terms of Use. If you do not agree with these Terms of Use, please do not process further to use this Website.

The Company is providing the Online Payment Facility through a link to the Payment Gateway Service provider or the Bank which will enable Users to pay online. For your convenience, this page may contain certain hyperlinks to other Company pages as well as to websites outside the Company. In addition, you may have linked to our Website from another website. The Company cannot be responsible for the privacy policies and practices of other websites, even if you access them using links from our Website. The Company can make no promises or guarantees regarding data collection on the hyper-linked pages and on websites that are not owned by the Company. The Company recommends that you check the policy of each website you visit, or link from, and contact the owners or operators of such websites if you have any concerns or questions.

If any Payment Gateway Service Provider or Bank imposes any taxes or charges, the same shall be borne by the User, the Company shall be indemnified from any such claims.

The User agrees to indemnify and hold the Company harmless against all claims, losses, damages and actions that the Users may initiate in relation to the online payment gateway. Neither the Company nor any of its employees or offices shall be liable for any such loss or damage that may be suffered by the User as a result of such usage.

All payments will be processed on the basis of the information that you provide. The Company does not accept any liability if you make a mistake while completing a form or for any reason whatsoever.

5. CHARGES

The Company does not charge any fee for browsing and using the Website/Application. The Company reserves the right to change its fee policy from time to time. In particular, the Company may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website/Application. In such an event the Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to our fees policy shall be posted on the Website/Application and such changes shall automatically become effective immediately after they are posted on the Website/Application. You shall be solely responsible for compliance of applicable law, in India or otherwise.

6. USER CONTENT

We do not presently permit Users to host, upload, publish, transmit or share content on the Website/Application. However, we may permit this in the future subject to the terms set out in these Terms of Use.

You shall be responsible for any notes, messages, reviews, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted by you, or on your behalf, to the Website/Application (collectively, User Content).

It is possible that other Users (including unauthorized users or “ hackers”) may post or transmit offensive or obscene materials on the Website/Application and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Website/Application, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website/Application. Please carefully select the type of information that you publicly disclose or share with others on the Website/Application.

Please be advised that any User Content posted does not reflect the Company’s views. In no event shall the Company assume or have any responsibility or liability for any User Content posted or for any claims, damages or losses resulting from use of User Content and/or appearance of User Content on the Website.

You hereby represent and warrant that all the intellectual property contained in the User Content solely belongs to you or you have all necessary rights, licenses and permissions (i) in and to all User Content which you provide and all information it contains, and (ii) for the use of the Website and that are needed to comply with these Terms of Use, and that such User Content shall not infringe any proprietary, intellectual or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

Except as expressly provided in these Terms of Use, no part of the Website/Application and no User Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “ mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company's express prior written consent.

You may use information on the products and services purposely made available on the Website/Application for downloading, provided that you (i) do not remove any proprietary notice language in all copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such documents.

We reserve the right, but have no obligation, to monitor the materials posted on the Website/Application, and remove any User Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APPLICATION AND IN YOUR PRIVATE MESSAGES. THE COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCE, BE RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, APPROPRIATENESS, OR LEGALITY OF THE USER CONTENT OR ANY OTHER INFORMATION YOU MAY BE ABLE TO ACCESS WHILE USING THE WEBSITE/APPLICATION.

The Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

7. PRIVACY

We view protection of your privacy as a very important principle. We understand clearly that your personal information is very important to you. We store and process your information including any sensitive financial information collected, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with applicable law, including the Information Technology Act 2000 and rules there under and our Privacy Policy. If you object to your information being transferred or used in this way, please do not use the Website/Application.

We and our affiliates will share / sell / transfer / license / convey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow a suitable privacy policy with respect to your personal information complying at the very least with the requirements under the Information Technology Act, 2000 and rules thereunder. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction, whether such transaction are conducted on the Website or Application or with a third-party merchants or on such third-party merchant's website.

8. USER OBLIGATIONS AND RESPONSIBILITIES

You agree that while using the Website or Application, you shall not host, post, upload, display, publish, transmit, update or share any material or information that: (i) belongs to another person and to which you do not have any right to; (ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, 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 nature; (vii) impersonate another person; (viii) contains software viruses worms, trojans, logic bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the App or any part thereof, or any computer resource; (ix) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

Any violation of this clause may lead to the immediate suspension of your account. In the event, the Company receives any complaint that any information stored or used by you amounts to a breach of this clause, the Company will take such steps necessary as required under law to remove or disable access to such information and may disable your access to the Website and/or Application immediately at its sole discretion. You hereby agree to indemnify and hold harmless the Company, its officers, directors and representatives against any claim or loss suffered by the Company as a result of a breach of this Clause.

9. UNAUTHORIZED ACCESS

Unauthorized use of any part of the Website/Application and/or our systems, including, but not limited to, unauthorized entry into and/or any attempted access of any restricted areas of Website/Application, misuse or sharing of passwords or any other confidential information, is strictly prohibited.

Each User agrees to not use the Website/Application or any part thereof in any manner that could damage, disable, overburden, or impair the Website/Application or any part thereof, or any services offered through the Website/Application, or any other person’s access, use or enjoyment of the Website/Application or any services offered through the Website/Application.

Each User agrees to not gain or attempt to gain, unauthorized access to the Website/Application or any part thereof, through hacking, password-mining, crawling, “screen-scrape”, “data-scrape”, “data-mine”, or through any other means circumvent the navigational structure or presentation of the Website/Application, and/or use any manual or automated means to acquire data and/or information from the Website/Application, or engage in any activities that are contrary to the Terms of Use and/or any applicable law.

We reserve the right to suspend or cancel your login credentials, even without receiving such notice, if we suspect that they are being used in an unauthorized or fraudulent manner.

Each User agrees that the Company may, in its sole discretion and to the extent permitted by applicable law, access, read, preserve and disclose their account information, usage history and any information, document or material submitted, or otherwise made available, by such User to the Company, in order to: (i) comply with applicable law, regulations, legal processes, or requests from governmental or other regulatory authorities; (ii) respond to claims that any such information, document or material violates the rights of third parties, including, but not limited to, intellectual property rights or contractual rights; (iii) enforce the Terms of Use and investigate potential violations thereof; (iv) detect, prevent, or otherwise address fraud, security, or technical issues; (v) respond to your requests for any service; or (vi) protect the rights, property, or personal safety of the Company or the other Users.

10. ACCOUNT SECURITY

The Company does not guarantee or warrant that any User Content that you store or access through the Website/Application will not be subject to any inadvertent damage, corruption, loss or removal in accordance with these Terms of Use. You agree that the Company shall not be responsible for such loss, damage, loss or removal and it is your sole responsibility to maintain alternate backups of the User Content. Provided that the Company will ensure the security of any sensitive personal information contained in the User Content in accordance with the Privacy Policy.

If you use the Website/Application, you are responsible for maintaining the confidentiality of your username and password. You agree to accept responsibility for all activities and transmissions that occur under your account. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. The Company will not be liable for any loss or damage arising from your failure to comply with this provision.

11. DISRUPTION

The Company makes no guarantee as to availability, quality or service levels of the Website/Application on a 24x7 basis, or promise uninterrupted access to the Website/Application. Disruption of the Website/Application may arise due to technical or operational difficulties, and no prior notice of downtime will be given to you in such circumstances. The Company may also suspend the access to the Website/Application for specific Users permanently or temporarily for any reason whatsoever, including while investigating complaints or alleged violations of these Terms of Use, or disable access to the Website/Application for such Users.

You acknowledge, agree and accept that you may be required to update your systems, browser/mobile applications periodically in order to avail all the features and upgrades of the Website/Application.

12. OTHER TERMS AND CONDITIONS

You will use the Website and Application for lawful purposes only and comply with all applicable laws and regulations while using the Website and Application.

You will provide authentic and true information in all instances where any information is requested of you.

If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), the Company shall have the right in its sole discretion to disable your access to the Website/Application without any prior intimation whatsoever, and without any liability to you.

You acknowledge and agree that the Company has no relationship with you other than to use of the Website/Application in accordance with the Terms of Use.

13. INTELLECTUAL PROPERTY RIGHTS

The software and other technology we use to provide the Website/Application, and all material posted or available on, or otherwise accessible through, the Website/Application, including notes, messages, reviews, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information, images, illustrations, audio clips, and video clips contains copyrighted material, trademarks, and other proprietary information owned by the Company, the Users, other persons, or their respective licensors. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Access to or use of the Website/Application does not confer and should not be considered as conferring upon anyone any license to the Company’s or any third party’s intellectual property rights. Any use of the Website/Application without the permission of the Company is prohibited.

You agree that by accessing and continuing to access or use the Website/Application you explicitly give us the permission to use the User Content other than any personal or sensitive personal information (which will continue to be governed by our Privacy Policy), so that we are not violating any rights you might have in the User Content. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in the User Content, in any media now known or not currently known, with respect to the User Content.

We shall be entitled to, subject to and consistent with this Terms of Use, and the Privacy Policy, as adopted in accordance with applicable law, use the User Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the User Content, and you acknowledge, agree and accept that you are not entitled to any acknowledgement, attribution, payment or other compensation for such use of the User Content.

The Company respects the intellectual property of others. Subject to the provisions of this Clause 13. In case you feel that your trademark, copyright, or any other intellectual property has been infringed, you can write to us at enrolment@athenaeducation.co.in.

14. THIRD PARTY USE AND DISPUTES

We do not guarantee that other Users of the Website/Application will comply with these Terms of Use. You hereby assume all risk of any harm or injury which may result to you on account of such non-compliance by third party users. The Company shall not be held responsible for any such harm or injury resulting from third party use. You hereby agree to use the Website/Application at your sole risk and judgment and acknowledge that the Company shall not be responsible for any User Content or other content that may be deemed illegal, infringing, offensive, indecent, or objectionable.

The Company does not guarantee the content of any third-party sites that you may access while using the Website/Application and does not make any representations regarding the content or accuracy of material on such sites. If you access a link of any third-party website, you hereby acknowledge that you do so entirely at your own risk and expense.

Any dispute between you and any other third party arising out of the use of the Website/Application shall not be the responsibility or liability of the Company. The Company shall not be held liable for any negligent conduct or behaviour, whether actions or omissions, of any third party in relation to the use of the Website/Application. The Company encourages you to report any complaints about the Website/Application by contacting connect [1] @athenaeducation.co.in , and the Company shall take appropriate action as soon as reasonably possible.

15. INDEMNITY

You hereby agree to keep and hold the Company, its parents, subsidiaries, affiliates, and their respective directors, officers, employees, consultants and agents, fully indemnified and harmless from and against all claims, proceedings, penalties, damages, losses, actions, costs and expenses arising out of or in relation to the use of the Website/Application by you; the infringement of any third-party intellectual property rights, or the breach of these Terms of Use; or violation of any applicable law, rules or regulations or the rights of a third party or any breach of your representations and warranties set forth above and/or any fraudulent act on your part. The Company’s right to be indemnified shall survive the expiry or termination of these Terms of Use.

16. DISCLAIMER AND LIMITATION OF LIABILITY

THE COMPANY PROVIDES THE WEBSITE/APPLICATION ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE/APPLICATION. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE/APPLICATION IS AT YOUR OWN RISK.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE USE OF THE WEBSITE/APPLICATION, OR THE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE THIRD PARTY VENDORS THAT ARE INVOLVED IN THE PROCESSING OF ONLINE PAYMENT INCLUDING THOSE THAT ARE INVOLVED IN THE VERIFICATION OF THE USERS' IDENTITY, THE ASSESSMENT OF THE USERS' CREDIT HISTORY AND THE PAYMENT AND REPAYMENT OF ANY MONETARY AMOUNT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR YOUR USE OR NON-USE OF THEIR SERVICES AND ANY DAMAGES THAT MAY ARISE FROM SUCH USE OR NON-USE. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES. YOU EXPRESSLY AGREE THAT THE USE OR NON-USE OF THEIR SERVICES IS AT YOUR OWN RISK.

17. TERMINATION

Notwithstanding anything contained in the Terms of Use, we reserve the right to discontinue or to terminate your license to use the Website/Application, to delete any Panel registrations or other accounts, and to restrict, block, limit, and prevent your access to and use of the Website/Application. All payment made through third party payment gateways or third party online payment facility will be governed by the policies of the relevant third party vendor partner in this regard. Any termination or other action by us described herein shall not limit any other remedies available to us at law, equity or otherwise.

Any violation or breach of the Terms of Use may lead to automatic suspension or termination of your account or access to the Website/Application by the Company, and the Company shall not be responsible or liable for damages in this regard.

The termination of the Terms of Use will not affect any liability that may have arisen under the Terms of Use prior to the date of termination.

If you do not participate in any survey during a selected extended time period, the Company may elect, in its sole discretion, to terminate your access/account without notice. Other grounds for termination without notice include providing inadequate or untruthful survey responses or if you are not contactable on the phone number listed and you having undeliverable e-mail address or mailboxes that are full after multiple attempts to contact you. You hereby waive and release any and all claims against the Company and its affiliates arising from or related to such membership termination.

18. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by the laws of India and any disputes or proceedings arising hereunder shall be subject to the exclusive jurisdiction of the courts in New Delhi.

19. SEVERABILITY

If any provision of the Terms of Use is held to be invalid or unenforceable, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in the Terms of Use but without invalidating any of the remaining provisions of the Terms of Use.

20. MISCELLANEOUS

The Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and the Company.

You may not assign, transfer or sublicense any or all of your rights or obligations under the Terms of Use without our prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under this Terms of Use without restriction. Notwithstanding the preceding sentence, we shall not assign our rights or obligations under the Terms of Use in a manner that is detrimental to you.

Any heading, caption or section title contained herein is inserted only for convenience, and in no way defines or explains any section or provision hereof.

Notices to you may be made via posting to the Website/Application, by e-mail, or by regular mail, in our discretion. Without limitation, you agree that a printed version of the Terms of Use and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other documents and records originally generated and maintained in printed form.

21. GRIEVANCE OFFICER

If you have any concerns regarding any content that is posted on the Website/Application, please contact:

Grievance Officer

Name: Karan Garg

Email ID: karan@athenaeducation.co.in

Address: 1st Floor, Vatika Triangle, Block-A Sushant Lok-1 Mehrauli-Gurgaon Road, Gurugram, Haryana 122002