Terms

TERMS AND CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions about 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.

The domain name TREEHOUSENEPAL.COM (hereinafter referred to as “Website“) is owned by M/s. TreeHouse Education and Accessories Limited, bearing CIN No. L80101MH2006PLC163028, a Company incorporated and registered under the Indian Companies Act 1956, has its Registered Office at Office No. 101 Sapphire Plaza, Dadabhai Road, Opp. CNMS School, Vile Parle (West), Mumbai – 400 056 and it’s Corporate Office at Office No. 101 Sapphire Plaza, Dadabhai Road, Opp. CNMS School, Vile Parle (West), Mumbai – 400056,(hereinafter referred to as “THEAL“).

Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, You shall be subject to the policies that apply to the Website for such transactions. By mere use of the Website, You shall be contracting with THEAL and these terms and conditions including the policies constitute your binding obligations, with THEAL.

For these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing registration data while registering on the website as a registered user using the computer systems. THEAL allows the User to surf the Website or make purchases without registering on the Website. The term “We”, “Us”, “Our” shall mean THEAL.

THEAL reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, THEAL grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF OUR T&C, PLEASE DO NOT USE OUR PLATFORM AND/OR OUR SERVICES.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by THEAL Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.

 

Website and Rules to attend Online Sessions

i) Parents undertake to ensure that the student attends the online sessions regularly, follows the timetable and completes all the assignments or homework given by the teacher from time to time. All the parents are required to participate in all online sessions and subjects including all extra curriculum activities which shall be carried out in such online sessions.

ii) Parents undertake to ensure that the student behaves well and maintains the decorum of the online school.

iii) Parents undertake to accompany the pre-school student in every online session conducted by the school.

iv) Parents undertake not to record any online sessions and or transfer the same to non-students and outsiders. Also, the online sessions conducted shall be a monologue and any queries shall be solved through the chat mode.

v) Nobody shall use the services on the website for any illegal or unauthorized purpose nor may violate any laws in your jurisdiction (including but not limited to copyright laws).

vi) Parents undertake to ensure that the student shall wear school uniform (cost included in the student kit fee) provided by the client in every online session conducted by the school.

vii) Parents and students undertake at all times to abide by the rules and regulations of the online school and shall act in conformity of the same.

 

Fees

i) Fees for the offline and online schools, study material, online courses and other products and services are subject to change without notice.

ii) We reserve the right to refuse any student to attend the online school while the fees remain unpaid.

iii) We reserve the right to not be liable to the user or any third party for any modification, price change, suspension or discontinuance of the services.

iv) All fees paid once are non-refundable.

v) We reserve the right to offer discounts on fees as per our sales strategy.

vi) We will not refund fees for non-attendance/absenteeism of the child due to any reason whatsoever, for lectures/classes not attended.

 

Contents

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to THEAL, and is protected by trademark, copyright and patent laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Website and no 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, web site or another medium for publication or distribution or any commercial enterprise, without THEAL’s express prior written consent.

You may use any information on THEAL’s products and services purposely made available by THEAL for downloading from the Website, provided that you

(1) not remove any proprietary language in all copies of such documents,

(2) 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,

(3) make no modifications to any such information, and

(4) not make any additional representations or warranties relating to such documents.

 

Registration

You agree to provide THEAL with accurate, complete and updated registration information. If you do not provide THEAL with accurate, complete and updated registration information, you are not authorized to use the service and your account may be terminated immediately. You further agree that, in providing such registration information, you will not knowingly or otherwise omit or misrepresent any material facts or information and that you will promptly enter correct and/or updated Registration Data or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize THEAL to verify your Registration Data as may be required for your use of and access to the Service, as applicable.

 

Products and services

i) Certain products or services including our online courses and eBooks may be available exclusively online through the website or our partner websites.

ii) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

iii) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by the user will meet your expectations, or that any errors in the Service will be corrected.

 

Discontinuance or Cancellation of the online session

i) In case of any online session being disrupted and discontinued due to internet problems or power cuts or any technical issues, the Parents/user undertake not to hold us liable for the same.

ii) Parents/users undertake not to hold us liable for discontinuance of any online session on the account of inattention and lack of focus of any student.

iii) We reserve the right to make any changes in the functioning of the online class.

 

CONFIGURATION

THEAL does not expressly recommend any particular software, operating system, application to use and access this site. If for any particular reason, the site does not open or is unable to be displayed in full in the visitor’s computer, then THEAL shall not be held liable for any act, omission or commission that may occur because of the same. It shall be your responsibility and liability to keep your computer in consonance with the latest standards to access this site; though the latest standards cannot be defined or categorized.

 

UNAUTHORIZED USE OF THE WEBSITE

You are prohibited from violating or attempting to violate the security of the website, including, without limitation; Accessing data not intended for such user or logging into a server or account which the user is not authorized to access, Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or ‘Trojan Horse’ to the website, overloading, ‘flooding’, ‘mail bombing’ or ‘crashing’, Sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violation of system or network security may result in civil or criminal liability. THEAL and/or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. Prohibited User Content.

You are prohibited from hosting, uploading, modifying, publishing, transmitting, updating or sharing content that is obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; contains nudity violence, or offensive content; exploits people sexually or violently; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. THEAL reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or any THEAL server, or any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your information, as provided for by the Website.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about THEAL or the brand name or domain name used by THEAL, or otherwise engage in any conduct or action that might tarnish the image or reputation, of THEAL or sellers on the platform or otherwise tarnish or dilute any of THEAL’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or THEAL’s systems or networks, or any systems or networks connected to THEAL.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to THEAL on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of THEAL or others.

 

OFFERS AND OTHER SERVICES

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control concerning your use of that portion of the Website or the specific service. THEAL’s obligations, if any, concerning its products and services are governed solely by the agreements according to which they are provided, and nothing on this Website should be construed to alter such agreements. THEAL may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website concerning products and services may be out of date, and THEAL does not commit to updating the materials on the Website concerning such products and services.

 

PRIVACY

THEAL’s Privacy Policy applies to the use of this Website, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

COMMUNICATIONS

You accept that THEAL shall be corresponding with you in an electronic mode and for which you have already consented by accessing this site. Communication from THEAL shall be using an e-mail or by posting any notices on this site. Communications received by THEAL in a mode other than electronic does not warrant any strict correspondence in reply on behalf of THEAL. Visitors are allowed to post any material, reviews, comments, suggestions or any other content on this site as long as the same does not infringe or threatens to infringe any intellectual property rights of any other person or entity, contains viruses or Trojans or worms or likewise which hampers the functioning of the site, is libellous or obscene or defamatory or religiously inflammable, or contains political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’ or in any way hampers the reputation of this site and THEAL. You agree and accept that all the content posted on the site by you shall be the sole propriety of THEAL and THEAL reserves the right to amend, alter, change or modify the same as it deems fit. All the intellectual property rights arising out of the content posted by you on this site shall remain in the sole ownership of THEAL which you have granted and assigned permanently royalty-free to THEAL. THEAL does not endorse and has no control over the content posted by you. Content is not necessarily reviewed by THEAL before posting and does not necessarily reflect the opinions or policies of THEAL. THEAL makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members. By accepting these Terms & Conditions, you grant THEAL permission to send you mailers/ messages regularly for promotions and information related to the website. This can be done across all platforms including but not limited to web and WAP.

 

ADDITIONAL LINKS

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under THEAL’s control, and THEAL is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your independent judgment regarding your interaction with these Linked Sites.

 

LIMITATION OF LIABILITY

In no event shall THEAL or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this subscription agreement or the use of or inability to use any service, even if THEAL has been advised of the possibility of such damages.

 

INDEMNITY

You hereby agree to indemnify and hold THEAL, its agents, contractors, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any loss suffered by THEAL as a result of a breach of the terms and conditions of this agreement by you and from any claim brought by third parties alleging that use of the service by you or under your account has infringed any intellectual property or another right of any kind, or any applicable laws or regulation. You shall pay all costs, damages, awards, fees (including legal fees) and judgments awarded against THEAL arising from such claims, and shall provide THEAL with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.

 

BREACH OF TERMS AND CONDITIONS

THEAL may disclose any information we have about You (including your identity) if we determine that such disclosure is necessary for connection with any investigation or complaint regarding Your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) THEAL’s rights or property, or the rights or property of visitors to or users of the Website. THEAL reserves the right at all times to disclose any information that THEAL deems necessary to comply with any applicable law, regulation, legal process or governmental request.

You acknowledge and agree that THEAL may preserve any transmittal or communication by you with THEAL through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or THEAL determines that such preservation or disclosure is reasonably necessary to

(1) comply with legal process,

(2) enforce these Terms of Use, or

(3) protect the rights, property or personal safety of THEAL, its employees, users of or visitors to the Website, and the public.

You agree that THEAL may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to THEAL, for which monetary damages would be inadequate, and you consent to THEAL obtaining any injunctive or equitable relief that THEAL deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies THEAL may have at law or in equity.

You agree that THEAL may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to)

(1) requests by law enforcement or other government agencies,

(2) a request by you (self-initiated account deletions),

(3) discontinuance or material modification of the Website or any service offered on or through the Website, or

(4) unexpected technical issues or problems.

If THEAL does take any legal action against you as a result of your violation of these Terms of Use, THEAL will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to THEAL. You agree that THEAL will not be liable to you or any third party for termination of your access to the Website as a result of any violation of these Terms of Use.

 

GOVERNING LAW AND DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of India.

All disputes and differences arising between the parties hereto, including any dispute or difference regarding the interpretation of any provision or term or the meaning thereof, or regarding any claim of one party against the other or concerning the rights and obligations of any parties hereto under these Terms of Use or otherwise, howsoever, shall be referred to a sole arbitrator to be appointed THEAL and such arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, for the time being in force. The venue of arbitration proceedings shall be in Mumbai only and the language of such proceedings shall be English.

 

MISCELLANEOUS

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and THEAL about your use of the Site, and any other written or oral agreements or understandings previously existing between you and THEAL concerning such use are hereby superseded and cancelled.

THEAL will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. THEAL’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by THEAL of any provision or any right it has to enforce these Terms, nor shall any course of conduct between THEAL and You or any other party be deemed to modify any provision of these Terms & Conditions.

 

FEEDBACK AND INFORMATION

Any feedback you provide at this site shall be deemed to be non-confidential. THEAL shall be free to use such information on an unrestricted basis.

 

Online Payment Refund & Cancellation Policy

In most cases, No refund will be granted once the payment is done. However, exceptions may be made based on the following circumstances:

    1. Multiple payments for the same services.
    2. A candidate paid the fee online but did not get the confirmation due to connection failure and the School is not able to provide soft copy of the Fee Invoice.

Transaction fees charged would not be refunded/ reversed for any refund or reversal of any transaction.

Note: For online payments, it is important for candidates to note the transaction number and order no. for future reference and request for any type of Refund, for whatsoever reason, will be at the sole discretion of the school.

DISCLAIMER

THEAL does not promise that the Website or any Content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that Your use of the Website will provide specific results. The Website and its content are delivered on an “as-is” and “as available” basis. All information provided on the Website is subject to change without notice. THEAL cannot ensure that any files or other data You download from the Website will be free of viruses or contamination or destructive features. THEAL disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. THEAL disclaims all liability for the acts, omissions and conduct of any third parties in connection with or related to Your use of the Website and/or any THEAL’s services. You assume total responsibility for Your use of the Website and any Linked Sites. Your sole remedy against THEAL for dissatisfaction with the Website or any content is to stop using the Website or any such content. This limitation of relief is a part of the bargain between the parties. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

THEAL reserves the right to do any of the following, at any time, without notice:

(1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;

(2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and

(3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.