INTRODUCTION
This Website and all functions, content and services related thereto are operated and maintained by Shriyayai Coaching and Consulting Services Pvt Ltd with Corporate Identification Number in India: U74999KA2020PTC138541 (“Shriyayai”, "The Innovative Projects", “we”, “us”, “our”).
The present Terms of Service (the “Terms”) apply to the use of both our website (The Innovative Projects) and our gaming platform (collectively referred to as the “Website”).
These Terms are applicable for all relations between The Innovative Projects and any registered user of the Website, including students, parents/caregivers, tutors, instructors, and any other user authorized by The Innovative Projects (the “User/-s”, “you”, “your”) who want to access our project-based learning courses and tutorials available on the Website (the “Tutorials”).
By accepting these Terms and/or visiting or using the Website, you enter a binding agreement with The Innovative Projects and agree to be bound by all of the terms and conditions contained herein. If you do not wish to be bound by these Terms, you should abstain from using the Website.
By accessing the Website and using our Services, you agree to read, understand, and agree to these terms. You also agree to review this document periodically to be aware of potential changes that The Innovative Projects may make at any time.
The most current version of the Terms is displayed at the top of this page. Your continued use of this Website will assume your conclusive acceptance of this or any future modified agreement. Any new services, features or tools which may be added to our Website shall also be subject to the present Terms.
MINORS
The Website is primarily intended to be used by students (8-22 years old) who attend our courses (the “Students”). The use of this Website by Students under 15 years old is subject to the consent of their parents or caregivers. We advise parents or caregivers who permit their children to use this Website to communicate with their children about their safety online. Minors using this Website should be made aware of the potential risks to them and of their obligation to comply with the Terms when using this Website.
REGISTRATION
To be able to use our Services, Users must first purchase a subscription plan and then register with us following the respective instructions. For registration purposes, Users shall fill in some personal information, such as name and email address, as well as some information regarding the Student/s, which are necessary for the performance of our Services. For more information, please read our Privacy Notice.
In no case can a Student register on the Website alone. Students can only use our Services upon registration by their parents or caregivers or another authorized User (e.g., a school administrator), subject to their parents’ or caregivers’ consent.
By creating a Student account on the Website, you explicitly consent to using our Website and Services by your child. If you suspect your child is using our Services without your prior knowledge and permission, please notify us immediately.
GRANT OF LICENSE / SINGLE USER SUBSCRIPTION
The Innovative Projects grants Users a non-exclusive, non-transferable license to use some or all portions of the Website in strict accordance with these Terms and the features included in the respective agreement/subscription plan (the “License Agreement”). This license is for personal use only and may not be used for commercial purposes or shared in any way. Each User is considered a unique The Innovative Projects User. A user License is defined as a single-user license connected to a named User. The email address attached to the single User License must be solely associated with that individual. Certain accounts (e.g. companies and schools) may purchase multiple User Licenses, one for each respective Student.
LESSONS
All lessons are conducted on our game platforms by The Innovative Projects' experienced tutors. Parents may enrol their respective Students on any class they want, based on their age, preferences and soft skills they wish to develop. Each lesson's scope, description and schedule is available on the respective lesson’s page.
All lessons are delivered in real-time, according to the respective schedule. We will notify you in advance if a lesson needs to be canceled for any reason. Students must log-in on time, using their parents’ or their own credentials (option available only for Students of at least 15 years old). In case of delay or absence of any Student, the lesson shall take place nevertheless.
Only registered Students are allowed to be present during the lessons. Presence of their parents/caregivers is prohibited for any reason. In case of presence of a parent/caregiver during a lesson, The Innovative Projects reserves the right to suspend the delivery of the lesson until such parent/caregiver leaves, notwithstanding any other rights or remedies available to us due to the breach of the present term.
Lessons are recorded for safety and quality assurance purposes. For more information, please read our Privacy Notice.
PROHIBITED USE
All users are expected to use the Website legitimately, respect each other, contribute to the orderly operation of the Website, and help us improve our Services to the benefit of our students.
Therefore, it is explicitly forbidden, and you shall not, in any case:
Use the Services and/or the Website in any way that damages, disables, overburdens, or impairs any of our Services and/or the Website or interferes with any other party’s use of them;
Upload, publish or distribute in any other way malign, offensive, discriminating, obscene, defamatory or hate-promoting content;
Upload any content which violates intellectual property, privacy, or other rights of others;
Upload or incorporate any malicious or harmful code, viruses, Trojan Horses, worms, time bombs, cancelbots, or other malware that might damage our property or the property of other parties;
Misrepresent, publish or share any false or misleading information;
Defame, abuse, harass, discriminate against or in any way violate any legal rights of any other person;
Gain or attempt to gain unauthorized access to any other Users’ accounts;
Copy, reproduce, transfer, sell, translate, port, modify or make derivative works of any part of our Services and/or the Website;
Reverse engineer, decompile, disassemble, or otherwise seek to obtain or derive any source code, source files or structure of the Website;
Access or use the Website for the purpose of competitive analysis or building a similar or competitive product or service.
Use the Services or the Website for any other unlawful or prohibited purpose;
Allow, make possible, encourage or assist any third party to do any of the foregoing.
We reserve the right, at any time we detect or suspect an action or omission by any User or visitor of the Website that consists of a non-acceptable use of our Website, to remove any unlawful content, terminate the breaching User’s License Agreement and immediately suspend and/or permanently delete the breaching User’s account without any notice, notwithstanding any other rights available to us as per the present Terms and the applicable laws.
SECURITY
While we take all reasonable measures to protect the security of your account and the information that you share with us, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. In case of a breach or a suspected breach of your data, we will notify you immediately.
You also agree to notify us immediately of any unauthorized access to or use of your username, password, or any other security breach. You should use caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.
TERMINATION OF LICENSE
Once an applicable subscription period has concluded, the license granted by the respective License Agreement shall immediately terminate, and you shall have no further right to access, review, or use any of our Services in any manner. The Innovative Projects reserves the right to terminate your subscription and/or suspend or permanently delete your account if, at its sole discretion, The Innovative Projects believes you are in violation of this License Agreement, the applicable laws or any of the Terms herein. Upon any of these termination events, no refund will be made of any amounts previously paid to The Innovative Projects.
The Innovative Projects reserves the right, in its sole discretion, to terminate your access to and use of the Services or any part hereof and to remove and discard any material posted by you hereon, for any reason whatsoever, including, without limitation, for lack of use, or if The Innovative Projects believes that you have violated or acted inconsistently with the letter or spirit of the present Terms; provided, however, that The Innovative Projects will have no liability or responsibility for the performance or non-performance of such activities. The Innovative Projects may also, in its sole discretion and at any time, discontinue the operation of the Website or any part hereof. Any such termination may be affected without any prior notice. Upon any such termination, The Innovative Projects may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website generally. Further, The Innovative Projects shall not be liable to you or any third party for any termination of your access to the Website.
You may request deletion of your account at any time by sending us an email to: theinnovativeprojects@gmail.com. No refunds will be given if you delete your account before the end of your subscription period unless otherwise expressly provided for.
OWNERSHIP AND INTELLECTUAL PROPERTY
The Website contains copyrighted material, trademarks, and other proprietary and confidential information of The Innovative Projects and others (collectively “Proprietary Material”), including, but not limited to, video, text, educational material, software, photos, graphics, image, music, and sound. Third-party trademarks, content and software required by or made available by or through this Website are the property of their respective owners, and use is subject to the license or terms provided by such owner.
You do not receive any, and The Innovative Projects retains all exclusive ownership rights, title and interests in the Proprietary Material. Except as otherwise expressly permitted by these Terms, or as permitted under copyright law, no posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Material in any form or by any means, for any purpose, is permitted without the express written permission of The Innovative Projects. The use of third-party applications to capture or record data streams is recognized as a method of reproduction prohibited by this agreement. You shall not alter or remove any copyright notice or proprietary notice, or legend contained on the Website. You shall take all reasonable steps and precautions to ensure that your use of the Services strictly complies with this License Agreement. Upon your discovery and/or the request of The Innovative Projects, you agree to promptly remedy any violation of this License Agreement and to provide The Innovative Projects with sufficient evidence that you are in compliance with this License Agreement.
If, during your use of the Website and/or our Services, you upload on the Website any proprietary content of yours protected by intellectual property rights (such as trademarks, images, photos etc.), you expressly provide us with the right to use them during the performance of our Services and to share them with other users of our Website. We shall not use such content outside the Website or for any other purpose.
THIRD PARTY CONTENT
The Innovative Projects is not the owner, nor does it have control of third-party websites, platforms or applications that may be available via hyperlinks on the Website. Your access to and use of such third-party websites, platforms or applications takes place on your own responsibility and in accordance with the respective terms and policies applicable to them. Such hyperlinks may be provided only for your convenience and do not and should not be viewed as suggesting any association with or endorsement of or by such linked websites, nor should it be implied that The Innovative Projects agrees with, embraces or supports any of the content included in such third-party websites or platforms.
RULES ABOUT LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our website on any website that you do not own. Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.
RIGHTS FOR MATERIAL YOU UPLOAD
When you upload or post content to our website, you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the website or the service.
UPLOADING CONTENT ON OUR WEBSITE
Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website, you must be polite to all users and facilitators and not make negative comments about them, nor include any rude content that might offend others (our “content standards”). However, please see below on feedback that we request you to post.
You warrant that all your contributions comply with the abovementioned standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer due to your breach of warranty. Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited license to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights or of their right to privacy.
We may ask you to provide testimonials and feedback on our services ,which we may publish on our website. Where you request us to not reveal your identity, we may publish the content on an anonymous basis.
We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards. You can still give us honest testimonials or feedback on the website, but you may not criticise any identifiable individual on our website.
**We do not store terrorist content.
DO NOT RELY ON INFO ON THIS WEBSITE
The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
NO TEXT OR DATA MINING AND WEB SCRAPING
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our website or any services provided via, or in relation to, our website. This includes using (or permitting, authorising or attempting the use of):
Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the website or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of the Copyright Act 1957.
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which apply to us.
This website, its content and any services provided in relation to the same are only targeted to and intended for use by, individuals located in Indian SubContinent, EU, UK, GCC, and USA (each, a Permitted Territory). By continuing to access, view or use this website and any related content and services, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, please contact us to discuss whether we can provide services to you.
LIMITED WARRANTY
THE WEBSITE AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE INNOVATIVE PROJECTS AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. THE INNOVATIVE PROJECTS AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE OR THE CONTENTS HEREOF. THE INNOVATIVE PROJECTS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEBSITE OR THE CONTENTS HEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE INNOVATIVE PROJECTS IS NOT RESPONSIBLE FOR THOSE COSTS. MUCH OF THE MATERIAL ON THE WEBSITE IS PROVIDED BY THIRD PARTIES AND THE INNOVATIVE PROJECTS SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE WEBSITE OR WITH THIS AGREEMENT, INCLUDING THE INNOVATIVE PROJECTS’ PRIVACY NOTICE, OR OTHER POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. ALTHOUGH THE WEBSITE IS INTENDED TO BE EDUCATIONAL, NEITHER THE INNOVATIVE PROJECTS OR ITS AFFILIATES OR ANY THIRD PARTY ASSOCIATED WITH THE WEBSITE MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT ANY USER HEREOF WILL OBTAIN ANY PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, MASTER ANY PARTICULAR SKILLS OR PASS ANY EXAMINATION OR ACHIEVE ANY OTHER TANGIBLE RESULTS BASED UPON USE OF THE PRODUCTS, SERVICES, OR OTHER OFFERINGS ON THIS WEBSITE. IN NO EVENT SHALL THE INNOVATIVE PROJECTS OR ITS AFFILIATES OR THIRD PARTIES ASSOCIATED WITH THE WEBSITE BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENTS THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE THE INNOVATIVE PROJECTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATIONS ON LIABILITY, REMEDIES AND INDEMNIFICATION
To the maximum extent permitted by law, we hereby expressly deny any liability with respect to:
any personal injury or death that is in any way, directly or indirectly, connected with any of our Services;
any direct or indirect, special, incidental, punitive, or consequential damage, including lost profits, arising out of the use or performance of the Website and/or our Services;
any damage of property, unauthorized access, data loss, data breach and/or leak of confidential information shared on our Website and/or exchanged between our Users, to the extent that such event cannot be attributed to our negligence or willful misconduct;
any damage of property, unauthorized access, data loss, data breach and/or leak of confidential information and any exposure to false, misleading, violent or otherwise harmful content of third party websites, platforms and applications accessible via our Website;
any damage, loss of revenues or loss of profit arising out of the non-availability or failure to duly perform our Services due to error, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, programs or files.
In the event of any breach of the terms of the License Agreement or any of the Terms herein, The Innovative Projects reserves the right to seek and recover damages for such breach, including but not limited to damages for copyright infringement, trademark infringement and for unauthorized use of The Innovative Projects content Proprietary Material. The Innovative Projects also reserves the right to seek and obtain injunctive relief in addition to all other remedies at law or in equity. You agree to indemnify and hold The Innovative Projects, partners, or subsidiary organizations, officers, agents and employees, harmless from any claim, loss, demand, or damage, including reasonable attorneys’ fees, asserted by any third party resulting from your breach of any provision of these Terms, your negligent or wrongful acts, and/or your violation of any applicable laws.
MODIFICATION OF SERVICES
The Innovative Projects may at any time, without notice or liability, change or eliminate any content or feature of the Website, add or remove Services, or restrict the use of any portion of the Website, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Website.
DATA PROTECTION
The Innovative Projectsand you shall comply with the provisions of applicable data protection laws.The Innovative Projects takes the protection of your personal data very seriously and strictly abides by the data protection laws that apply to it. The Innovative Projects collects, processes and uses personal data of Users and Students for the performance of its Services. For more information please see our Privacy Notice.
MISCELLANEOUS
All communication between the parties shall be carried out through notifications or by e-mail to the e-mail addresses indicated by the Users during registration, or by any other suitable means of which there is evidence of receipt to the persons and addresses indicated.
Failure by The Innovative Projects to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.
Nothing in these Terms shall affect your statutory rights as a consumer and all terms shall apply to the extent permitted by applicable law.
If any provision of these Terms is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, while these Terms shall remain in force in all other respects and such provision shall be deemed totally or partially not included.
These Terms, and all other aspects of your use of the Website, shall be governed by and construed in accordance with the laws of Karnataka, India, without regard to any statutory or common-law provision pertaining to conflicts of laws. Each party irrevocably agrees that the competent courts of Bengaluru, Karnataka, India shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement (including non-contractual disputes or claims).
Except for each party’s payments obligations, neither party shall be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including but not limited to acts of God, earthquakes, wars, terrorism, communication failures, strikes or shortages of materials or governmental action.
We may update and change our website from time to time to reflect changes to our services, our users' needs and our business priorities.
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
By signing up to our services, you confirm that you have read and understood these terms of service and agree to be bound by them.