Legal

Terms & Conditions

BODHITREE MOVEMENT SERVICES PRIVATE LIMITED (including its affiliates)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE AND/OR PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS.

BodhiTree School of Music (including its affiliates) (“Company”, “We” or “Us”) operates in housing societies which is engaged in the service of offline tutoring of various music instruments to kids & adults.

These terms and conditions (“Terms”) describe the terms on which the Company grants end users access to the classroom (hereinafter referred to as “Services”) and shall be read with the Privacy Policy. Anyone below 18 years of age is assumed to be a child (“Child”) and requires parental consent.

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.

1. Terms of Service

By choosing to visit the Platform and/or avail 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 the Platform, you agree to be bound by these Terms in respect to their use of the Platform. By your continued access or use of the Platform, 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.

2. Description of Services

The Company facilitates online education services to children in various subjects. The concept is to create a virtual classroom, which helps the Child to learn without any restrictions on time and place.

3. User ID and Password

In order to access the Company's Platform and its services, You may have to create an account and disclose information including, but not limited to, (i) name, e-mail ID, photograph, location and other contact information (ii) gender and other demographics (iii) birth date and year to validate the current age of the Child (iv) your email address to acquire the parental consent. You must be at least 18 years old to register on the Platform. If you are under 18 years old, you are not permitted to register on this site unless such registration is completed by a parent or legal guardian. You acknowledge that your user ID and password ("Participant Account") is for your exclusive use only. Use or sharing of your Participant Account with another user is not permitted and is cause for immediate blocking of your access to the Platform. You are solely responsible for maintaining the confidentiality of your Participant Account and for all activities that occur under it. You agree to immediately notify the Company if you become aware of any unauthorized use of your Participant Account.

4. Trial Classes

We offer One (1) free trial class to our new members so that you get an opportunity to experience the services provided by us. Only one (1) free trial class is permitted per new student. Multiple availment of trial 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 trial class provided by the Company shall also be governed by these Terms.

5. Modules and Curriculum

The Company will have its sets of modules according to which the Child is expected to complete his/her levels. The Company has tutors who will be assisting the Child with their modules. The Company shall also grant you access to its material, content, curriculum, documents and other information ("Curriculum") which may be in video, audio, written, graphic, recorded, photographic, or any other format. The Company reserves the right to amend, revise or update the Curriculum at any time.

6. Use of the Platform by Applicants and Instructors

Applicants interested in teaching on the Platform may apply to do so by providing their full name, mobile number, and email address. A member of the BodhiTree team may reach out to you and conduct an evaluation. If the Applicant is chosen, then she/he may be onboarded as an Instructor on the Platform. Please note, your application on the Platform does not guarantee your selection as an Instructor. The Terms and Privacy Policy shall be applicable to you in addition to the Instructor engagement agreement provided to you as an Instructor. You acknowledge and understand that children or their parents may leave ratings and reviews of your classes and that we are not responsible for these ratings and reviews.

7. License to Use

The Company hereby grants You and the Child, the limited, non-transferable, non-exclusive, and revocable license to access, view and use the Platform 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. 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.

8. Intellectual Property Rights

You acknowledge that the Company is the sole and exclusive owner of the Platform, the services, the curriculum, and its content, and as such the Company is vested with all Intellectual Property Rights and other proprietary rights. • The Company shall have the right to record classes, discussions, processes, events, conversations, feedback, pertaining to the participation of Users in the courses. • The Company shall have an exclusive right to use, publish, display, exhibit, transmit, broadcast, disseminate, market, advertise, license, transfer, modify, and create derivative works from such recorded content, for any purpose whatsoever, through various media including social media, webpages, electronic or print media. • You agree that the Company may conduct events, contests, championships, webinars, and award ceremonies as it may deem fit ("Events") on or in connection with its courses, which shall be the exclusive property of the Company. • All rights, ownership, and intellectual property in the 'User Content' created by your child on or by using the Platform, during the period of the tutorial classes, shall vest in the Company. You hereby explicitly consent and transfer all such rights to the Company for a worldwide, royalty-free, and perpetual use. • You shall not copy, download, publish, distribute or reproduce any of the information contained on this Platform in any form without the prior written consent of the Company.

9. Use of the Platform by the Child

You expressly acknowledge and undertake that: • You are competent and have all the necessary legal rights to enter into this agreement on behalf of the child. • You grant your consent to the Company for your child to attend and participate in the classes, courses, tests, sessions and/or any other program conducted by the Company. You undertake that the participation of the Child and all the activities done by the Child will be under your direct and constant supervision. You further accept full and complete liability arising out of the child's acts, whether direct or indirect.

10. Payment and Refund

The Platform is a paid service and the payments made by You shall be according to the plans opted by You. 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. 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 governed by the terms of the respective issuing bank and payment instrument company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amounts, etc. in the transaction. We attempt to process refund requests within 24 hours. In case of any delay beyond 72 hours, you may notify us at support@bodhitree.org.in. We reserve the right to change any fees at any time at our sole discretion and any change shall become effective immediately upon being posted on our website.

11. Linking

You or the Child may establish a link to one or more site(s), provided that: • The link is legal and not detrimental or damaging to our reputation or business. • Such linking is not for advertising or promotional purposes (unless expressly agreed to by Us). • The link is not from any website which promotes political or religious views, or promotes intolerance, hatred, discrimination, violence, pornography or illegal activity. • The link does not falsely imply that We endorse or are associated with the linked website. • Framing of any site on any other website is not allowed. The Company may withdraw your right to link to any site without notice and at any time.

12. Third Party Services

You acknowledge that the Services use and/or contain certain software, products and services developed and owned by third parties, the use of which is governed by the terms and conditions of such third parties. Please read the User Agreement and Privacy Policy for these sites separately before using them. The Company will not be responsible for such third-party software, products and services nor for any error, malfunction or defect in the Service resulted therefrom.

13. Third Party Permission

The Company has subscribed to various third-party service providers and you agree that, while accepting these Terms, you explicitly grant permission to these service providers to use your information. We do not disclose Personal Data to third parties for the purpose of allowing them to send marketing material to you. In the event of any dispute between the third party and you, the Company shall not be held liable in any matter whatsoever.

14. User Content

The Company offers You and the Child the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information. You warrant and represent that your content and any website from which You include a link will not be inappropriate, including content that is: misleading, defamatory, abusive, malicious, threatening, false, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or advocates violence; in breach of confidentiality; infringing any intellectual property rights; technically harmful; or advertising any product or service. All rights, ownership, and intellectual property in the 'User Content' created by your child during the period of the tutorial classes shall vest in the Company. You hereby explicitly consent and transfer all such rights to the Company for a worldwide, royalty-free, and perpetual use.

15. Intended Purpose of Use

Any application, code or content created using the Company's platform are intended to be used solely as prototypes and for evaluation of validity and practicability of ideas. All such applications, codes and/or content may be solely created for educational purposes and gathering feedback by the students and are in no way fit for or meant to be used for any commercial use. Any other use is prohibited and the Company shall not be liable for the same.

16. Fitness of Use

Any and/or all apps built using the Company platform by users during the period of their permitted use are solely meant for educational and evaluation purposes as part of the users' training program. The apps might have unresolved technical bugs and security concerns including but not limited to viruses, data safety, account protection, and insufficiency of security protocols. Any commercial or non-authorized use of these apps shall be at the sole risk and discretion of the users. You and your child shall be solely responsible for any such unauthorized use and shall indemnify the Company for all losses, claims and damages.

17. Rule of Conduct

Users must comply with the laws that apply to You in the location that You access Company's Services from. You promise that all the information You provide to Company is and shall remain true, accurate and complete at all times. You agree and undertake not to: • Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service. • Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices. • Create software which mimics any data or functionality in the Service. • Make any public, business or commercial use of the Service. • Provide hypertext links for profit or gain to the Service without prior written permission. • Use or process the Service for any illegal or immoral purpose. • Delete or obscure any copyright or other proprietary notice on the Service.

18. Limited Liability

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. The Company ensures that the information and training facilitated by the tutors on the Platform is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose. In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Platform. The Company's liability for any and all claims in the aggregate, arising out of or related to your use of the Platform, shall not under any circumstances exceed the amounts actually paid by You to the Company for its Services.

19. Termination

Without limiting any other rights that Company may have, Company may remove, restrict, cancel or suspend access to and/or use of the Platform if 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 Platform and deleting all copies of the Service within your control. Termination shall not affect any rights or remedies which have accrued up to the time of termination.

20. Severability

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.

21. Assignment

Any rights and licenses granted hereunder shall not be transferred or assigned by you but shall be assigned by the Company at its sole discretion. Any attempted transfer or assignment by you in violation hereof shall be considered null and void.

22. Waiver

No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term. The Company's failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.

23. Governing Laws and Jurisdiction

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 whose decision shall be final and binding. 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 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.

24. Entire Agreement

This Agreement, along with the Privacy Policy, Terms of Use, and any additional guidelines, rules, and/or disclaimers posted on the Platform constitutes the entire agreement governing your use of our Platform and supersedes any prior agreements, if any, relating to any matter dealt within this Agreement.

25. Contact

If you have any questions about these Terms, please contact us: Name: BodhiTree Movement Services Private Limited Email: support@bodhitree.org.in Address: Runwal Seagull, Handewadi Road, Hadapsar, Pune 411028

Last updated: 2024. BodhiTree reserves the right to update these terms at any time.