Terms & Conditions

 

 

GENERAL

The Engbhashi English Speaking App (Referred as Englishbhashi) Websites (“websites”) and mobile applications ("Apps") and related services (together with the websites and applications, the "Service") are operated by Verbaledge Learning Pvt. Ltd. ("Verbaledge", “Englishbhashi”, "us", “Our” or "we"). Access and use of the Service is subject to the following Terms and Conditions of Service ("Terms and Conditions"). By accessing or using any part of the Service (“You” or “User” or “Buyer”), you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Englishbhashi may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.

 

DESCRIPTION OF APPLICATION AND SERVICE

The Service allows users to access and use a variety of educational services, including learning or practicing a language. Englishbhashi may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

  • ADDITIONAL TERMS
  • Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.
  • REGISTRATION; SUBMISSION OF CONTENT
  • Registration:- In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Englishbhashi; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Englishbhashi, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
  • General Content: - As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audio-visual works, translations, or other materials on the Services (collectively, “Content”). you hereby grant to Englishbhashi a full-paid, royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, store, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Services. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Englishbhashi, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Englishbhashi have any obligation to you or anyone else to maintain the confidentiality of the Content.

 

CONDUCT

You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you must comply with our Conduct.

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

  • You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
  • You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
  • You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
  • You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of us or our trainers or otherwise tarnish or dilute any 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 may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of our company and / or others.
  • You will not interfere with the ability of others to access or use the Services.
  • You will not disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to use the website, app or the Services.
  • You will not claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship.
  • You will not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
  • You agree that you will treat the trainers with respect and not use obscenities during the sessions, make threats, or discuss matters other than those directly related to English learning and communication exercise which the trainer is conducting.
  • You agree that you will not solicit any personal information from any tutor, and agree that if any tutor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing.
  • You agree that any misbehaviour or disrespectful conduct, threats, obscenities or unprofessional behaviour will make you liable for immediate termination of your subscription including but not limited to stoppage of all your sessions at the sole discretion of Englishbhashi management.
  • You agree that you will treat our trainers and other co-learners with respect and would not use any inappropriate, vulgar, abusive, offensive or threatening language.
  • The content on our website or app is for your personal and non-commercial use. You agree not to download, share, duplicate, reproduce, publish, license, alter, copy, encode, translate, transmit, distribute, display, create derived works from or obtained from, the Englishbhashi App, website or its services and you must not even assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
  • You may only access the site, app and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services.
  • Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
  • It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform 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 Platform, 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 Platform you acknowledge and agree that we are not responsible for any such incident or for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
  • Some content offered on the platform may not be suitable for some viewers and therefore viewer discretion is advised. Also, some content offered on the platform may not be appropriate for viewership by children for which parents and/or legal guardians are advised to exercise discretion before allowing their children and/or wards to access content on the platform.

 

DISCLAIMER OF WARRANTIES

You represent and warrant to Englishbhashi that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of India and any other relevant jurisdiction, including those regarding online conduct or acceptable content.

You represent and warrant that (1) you are not organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive India economic or trade sanctions (i.e., an embargo) or (2) identified on a list of prohibited or restricted persons, or (3) otherwise the target of Indian sanctions.

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.

Englishbhashi does not warrant that:

  • This Platform will be constantly available, or available at all; or
  • The information on this platform is complete, true, accurate or non-misleading.
  • Englishbhashi will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform.
  • Englishbhashi does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Platform; their servers; or electronic communication sent from us are free of viruses or other harmful components.
  • We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the company content, the site, the services, each portion thereof or any third-party sites.
  • Neither we nor third parties warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the company content, the site, the services or any portion thereof or in any reports of verification services.

You agree not to hold us (or our agents, employees or trainers) liable for any instruction, advice or services delivered which originated through the site, through our trainers, any verification service or in connection with the company content, the services or any portion thereof.

Under no circumstances, including, but not limited to, negligence, shall we or third parties be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the company content, the site, the services or any portion thereof, even if we or our authorized representative has been advised of the possibility of such damages.

 

LIMITATION OF LIABILITY

In no event shall Englishbhashi be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms and Conditions, even if user has been informed in advance of the possibility of such damages. Our total liability to you under this agreement shall not exceed transactional value for the relevant transaction which results in the liability.

We do not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third-party Platforms using Platform’s APIs or otherwise. In addition, the Platform may provide links to the third-party Platforms of our affiliated companies and certain other businesses for which, we assume no responsibility for examining or evaluating the products and services offered by them. Englishbhashi do not warrant the offerings of, any of these businesses or individuals or the content of such third-party Platform(s). We do not endorse, in any way, any third-party Platform(s) or content thereof.

 

INAPPROPRIATE USE

You will not upload, display or otherwise provide on or through the Service any content that: (i) is libellous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Englishbhashi or its users to any harm or liability of any kind.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, Investors, employees, licensors, representatives, successors and third party providers (including our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defence and in asserting any available defences.

 

PAYMENT

  • All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
  • All Online Bank Transfers and/or UPI Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank and/or the UPI service provider apps which support Payment Facility to provide these services to the Users. All such Online Bank Transfers and/or UPI Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank and/or the UPI service provider apps.
  • Payment Facility provided by Englishbhashi is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, using the existing authorized banking infrastructure and Credit Card payment gateway networks. The Buyer should acknowledge that Englishbhashi will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of Englishbhashi.
  • Englishbhashi reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer Englishbhashi or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  • While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transaction/s, or exceeding the pre-set limit mutually agreed by you and between “Bank/s”, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s.

 

COMMUNICATIONS

When you use the Platform or send emails 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 communication via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

 

REFUND AND CANCELLATION POLICY

Once the fee has been paid, it is non-refundable under any circumstances. Similarly, no cancellation is permitted on the plans you purchased. You will have to consume the sessions within the plan validity duration and any request regarding cancellation or refund will not be entertained.

 

NON-TRANSFERRABILITY

The sessions you buy through any package on Englishbhashi app are for the specific individual and cannot be transferred to any other individual or individuals.

 

TERMINATION

We may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Englishbhashi account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of our proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

 

LIVE SESSIONS

  • Any Batch change or timing change request won’t be entertained once user has enrolled for a particular live session.
  • Non-availability of the trainer for the live session due to any personal exigency will be communicated to you well in advance. We will make sure to arrange the same session either with another trainer or with the same trainer at some other time slot. Englishbhashi will not be held liable and accountable for any monetary compensation in that case.
  • In case we discontinue any batch, then user will be refunded the fees on the prorated basis as per the number of sessions attended. Englishbhashi’s total liability to you under this agreement shall not exceed transactional value for the relevant transaction which results in the liability.

 

TRADEMARKS

“Englishbhashi” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Englishbhashi or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Englishbhashi name or any Englishbhashi or third-party trademarks, service marks, graphics or logos.

 

PRIVACY POLICY

Please review our Privacy Policy, which also governs your use of our Platform to understand our privacy practices. Any personal information provided to us by you during the course of usage of Platform will be treated in accordance with our Privacy Policy and applicable laws and regulations. If you object to your information being collected, used, transferred or otherwise processed by us, please do not use the Platform.

 

MODIFICATIONS TO THE SERVICE

We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms and Conditions will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.

 

CHANGES TO THIS DOCUMENT

Englishbhashi reserves the right to change these Terms and Conditions from time to time with or without notice to you at our sole discretion. It is your responsibility to review these Terms and Conditions periodically for updates / changes. The most current version of the Terms and Conditions will supersede all previous versions. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions.

 

MISCELLANEOUS

These Terms and Conditions constitute the entire agreement between Englishbhashi and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Englishbhashi or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Englishbhashi may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will insure to the benefit of Englishbhashi and you, and Englishbhashi and your respective successors and permitted assigns.

 

HOW TO CONTACT US

If you have any questions or suggestions regarding our Terms and Conditions, please contact us by email at: [email protected].

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