TERMS OF SERVICE

TERMS OF USE

 Background
 
1.1.   This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
 1.2.   This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the ‘Jnana’ eLearning Services available on Jnana.com (“Website”).
 1.3.   The Website  is owned, registered and operated by N. Ranga Rao & Sons Pvt. Ltd, a private limited company incorporated under the Companies Act, 2013 and having its registered office atP. B. No. 52, 1553, N.R House, Vanivilasa Road, Mysore – 570 004 (“Company”).
 1.4.   These terms of usage (“Terms of Use”) govern Your use of the Services (as defined below) that are offered by the Company through the Jnana platform. By using any content or information provided as part of the Services, You shall be deemed to have read, understood and accepted to be bound by these Terms of Use.
 1.5.   For the purpose of these Terms of Use, wherever the context so requires "You", “Your”, “User” or “Subscriber” or “Student” shall mean any natural or legal person who uses the Jnana platform for availing the Services. The term “We”, “Us”, “Our” shall mean the Company.
 1.6.  We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Website and Your continued use of the Services constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.

2. Services

 2.1.   The Company has developed an e-learning platform bearing the trademark “Jnana”. Through this e-learning platform, the Company provides online training of live and recorded instruction, tutoring, and learning services on topics relating to language, spirituality and well being ("Courses") delivered by independent tutors, spiritual gurus, professors etc. ("Consultants”). The Services include, without limitation, facilitating and hosting Courses and supporting materials, and taking feedback from Users across the world (“Jnana eLearning Services” or “Services”).

3. Intellectual Property Rights

 3.1.  Copyright

 3.1.1.  All content included on the Website and the Jnana e-learning platform and delivered to Users as part of the Jnana eLearning Services, including but not limited to, text, graphics, logos, designs, photographs, videos, presentations, button icons, images, data compilations, is the property of the Company, and is protected by the applicable intellectual property laws. The compilation of all content on the Website and the Jnana e-learning platform is the exclusive property of the Company. You agree not to download, decompile, reverse engineer or disassemble any content accessible through the Website and the Jnana e-learning platform, not to insert any code or product or manipulate the content of the Website and the Jnana e-learning platform in any way that affects the User's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate our engagement if We, in our sole and absolute discretion, believe that You are in violation of this clause.
 3.1.2. The Company’s course content including class room recordings will be available on or via the Website and the Jnana e-learning platform, are provided to You AS IS for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. The Company reserves all rights, not expressly granted in and to the Website and the Jnana e-learning platform.

 3.2.  Trademarks
 The Website and the Jnana e-learning platform, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used in connection with any product or service that is not affiliated with the Company, in any manner that is likely to (a) cause confusion among Users or potential Users; or (b) dilute the rights of the Company; or (c) to disparage or discredit the Company.

 3.3.    Warranty for Your submission to the Jnana eLearning Platform
 3.3.1.   As between You and the Company, You own the information You provide to the Company, and You may request its deletion at any time. Any information You submit to Us is at Your own risk. By providing information to Us, You represent and warrant that You are entitled to submit such information and the same is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).

4. User Account

 4.1. In order to access or use the Services offered by the Company through the Jnana eLearning platform, You must be 18 (eighteen) years or older and have the requisite power and authority to enter into these Terms of Use. While individuals under the age of 18 (Eighteen) may utilize the Services, they shall do so only with the involvement, guidance and supervision of their parents and/or legal guardians, under such parent/legal guardian’s registered account. As a parent or guardian of someone under the age of 18 (Eighteen), You shall be responsible for ensuring that person’s use of the Services is in accordance with these Terms of Use. The Jnana e-learning platform and/or the Services shall not be available to persons whose accounts have been suspended or terminated by the Company for any reason whatsoever. Those who access the Jnana e-learning platform and/or the Services from outside India, it shall be Your responsibility to comply with the Indian Contract Act, 1872 and such other Indian laws to the extent that they are applicable.
 4.2. If You wish to avail the Services, You will be required to create an account and provide certain information about Yourself as required for the process of registration (“User Account”). If You do not wish to be enrolled and/or avail the Service(s), do not register Your account on the Jnana e-learning platform. You shall be responsible for maintaining the confidentiality of Your username, account password and You shall be responsible for any and all activities that occur in connection with Your User Account. Under no circumstances shall the Company be liable for any loss or damage arising from Your failure to comply with this clause.
 4.3.  While creating Your account, You agree to provide complete and accurate information about Yourself. You may not impersonate any third party to create or use an account for anyone other than Yourself OR provide an email address other than Your own OR create multiple accounts.
 4.4.  You shall not allow: (a) any other person to share Your User Account; (b) any part of the Jnana e-learning platform and/or the Services being cached in proxy servers and accessed by individuals who have not registered as Users of the Services; and (c) access to the Services through a single account and password being made available to multiple users on a network.

 5.Channel Subscription

 5.1.  As a condition of Your purchase of the Services, We will send You information regarding Your account activity and purchases, as well as updates about Our Services. You can opt out of Our promotional emails/SMS anytime by clicking the UNSUBSCRIBE link at the bottom of any of Our email/SMS correspondences. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS sent to You. The offers made in those promotional emails or SMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide You any information regarding such change.

 6.Fraud and Improper Conduct

 6.1.  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. You agree that You will not in any way:
 (a) interfere with the ability of others to access or use the Services;
 (b)  disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users' ability to use the Jnana e-learning platform or the Services;
 (c)  claim a relationship with or to speak for any individual or institution for which You are not authorized to claim such a relationship;
 (d)   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;
 (e)  upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, Trojan or other code with malicious, disruptive and/or destructive features;
 (f)  You shall not attempt to gain unauthorized access to any hardware or software systems or networks associated with the Services, or obtain any services or information not intentionally made available to You by the Company on or through the Services;
 (g)  You shall not attempt to gain unauthorized access to the account of any other user or entity, or otherwise interfere with any other user's or entity's use of the Services;
 (h)  You shall cooperate with any investigations conducted by the Company, either to identify any unauthorized or irresponsible use of the Jnana e-learning platform or to identify any technical issues.

 7.Pricing and Payment

 7.1.  Prices for the Courses offered as part of the Services will be displayed on the Jnana e-learning platform and are provided in Indian rupees or foreign currency, depending on Your location. The price for the course mentioned on the website, in Indian Rupees, is inclusive of GST
 7.2.  Please note that the prices for the Courses and the Services may change at the sole discretion of The Company. Both current and new Students enrolling to the Courses must pay the current prices in effect at the start of each Course term.
 7.3.  For certain Courses, the Company, at its sole discretion may provide an early bird offer to the Subscribers.
 7.4.  We will provide You with an email notification prior to any material changes to the pricing and payment terms takes effect. 
 7.5.  Students can make online payments for their orders by using their debit cards, credit cards, net banking payment gateway which is maintained, operated and processed by the online payment gateway services provider(s) (“OPGSPs”) engaged by the Company. You agree and acknowledge that the Company bears no responsibility for payment made through credit card /debit card /net banking to avail the Service(s) through the Jnana elearning platform. Further, You hereby agree to comply with any other additional terms and conditions that may be prescribed by the OPGSPs for processing the online payments made by You on the Website and/or the Jnana e-learning platform. The Company is not liable for any actions under this payment mechanism.
 7.6. You understand, accept and agree that the payment facility provided by Us, is neither a banking nor financial service. You further agree that, while availing any of the payment options as specified above, 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: (a) lack of authorization for any transactions; or (b) any payment issues arising out of the transaction; or (c) Decline of such transaction for any reason.
 7.7. You agree, understand and confirm that the credit card / debit card / net banking details provided by You for availing of the Services shall be correct and accurate and You shall not use the credit card / debit card / net banking account which is not lawfully owned by You. You further agree and undertake to provide the correct and valid credit card / debit card / net banking account. Further, the said information will not be utilised and shared by the Company with any third parties unless required for fraud verifications or by law, regulation or court order. The Company shall not be liable for any credit card / debit card / net banking account fraud. The liability for use of a credit card / debit card / net banking account fraudulently shall be on You and the onus to “prove otherwise” shall be exclusively on You.
 7.8.  The Company reserves the right to recover the cost of the Services, collection charges and attorney fees (in the event a claim is being made against the Company) from You if You are found using a credit card / debit card / net banking account or any means of payment  fraudulently. In such an event, the Company reserves the right to initiate legal proceedings against You for fraudulent use of the Services and/or the Jnana e-learning platform. You shall be liable to indemnify the Company against any costs, damages, claims or other demands in relation to violation of any of Your obligations under the Terms of Use.

 8. Refund of Fees paid by the Subscriber

 8.1.  Once the Student has enrolled to the Course(s), the Course cannot be transferred to any other individual.
 8.2.  In the event the Student wishes to opt out of the Course, the Company shall make every effort to ensure that the credit is available to the Student when he/she opts for the same Course at a later date or opt for another course (of a value that is equal to or higher).
 8.3.  In the event the Student insists on a refund, the request must be made in writing to info@jnana.com and the same shall be granted at the sole discretion of the Company.
 The amount refunded will be based on the following schedule, from the date the written refund request is received by the Company:
 
Date of refund request                                                                % of Course Fees
More than 7 days before the first scheduled* class                                              100%
More than 72 hours but less than 7 days before the first scheduled* class          50%                                                                           
Upto 72 hours of the first scheduled* class                                                          Credit**
  
** The credit amount will be adjusted against the next enrolled batch within a period of 3 months only.
 *Scheduled class is the calendar date of the first scheduled class and this will be the date honoured for all refunds whether the actual class takes place or not for various reasons
 In addition to the above, all refunds are subject to a processing fee. The processing fee would vary based on the currency of payment.
  • Before processing withdrawals, we would appreciate any feedback regarding Jnana e-learning platform. This can be emailed to info@jnana.com
 8.4.  Refund for Self-Study Courses
 Refund requests for self-study Courses must be made in writing to info@jnana.com within 72 hours from the time of purchase. In the event  the Student has activated the course video, such Students shall not be eligible for a refund.

 9. Representations and Warranties by the Users

 9.1.  As a User, You represent, warrant and covenant that:
 (a)   You have read, understood, and agree to be bound by the terms and conditions (including the pricing and payment terms) before using the Jnana elearning Services or registering for a Course;
 (b)    At all times while availing the Jnana elearning Services, You shall conduct yourself in propriety and decorum and refrain from any conduct that may be considered to be offensive, abusive, vulgar, racist, sexist, defamatory, ethnically objectionable or otherwise unlawful in any manner whatsoever. Complaints of harassment or academic dishonesty made against the Students will be investigated by the Company. Students who fail to comply with the Academy policies may be dismissed at any time without any reimbursement of fees. Students who have been subject to harassment or who would like to report a violation of code of this Terms of Use (specifically regarding the code of conduct of Students as specified herein) can do so without reprisal at info@Jnana.com.
 (c)  You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Jnana elearning Services;
 (d)  You will not use the content and resources made available on the Jnana e-learning platform for any unlawful purposes or for such other purposes specifically prohibited by the Company.
 (e)  You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information;
 (f)   You will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Company content, the Services or Courses or submitted content except as permitted by these Terms or the relevant consultant as applicable;
 (g)  You will not impersonate another person or gain unauthorized access to another person's Account;
 (h)  You will not disclose any personal information to the Consultants, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information;
 (i)  You will not solicit personal information from any Consultant or other User/Subscriber.
 You hereby understand and agree that Consultants engaged by the Company may choose to terminate their engagement with the Company and become inactive. The Company does not guarantee the availability of the Consultants to the Users and shall not be held liable for any issues relating to the Consultants availability.

10.Jnana Academic Policies

10.1. Attendance Policy: A Student is expected to attend all classes as each of them covers a significant amount of material - adequate for the Student to practice for the entire week. The Student is expected to practice in between 2 (Two) classes. In case a Student misses 5 (Five) or more classes in a Course, the Consultant  may ask him/her to repeat the Course based on the Consultant’s evaluation of the Student’s progress and/or learning.
10.2.  Make -Up Class Policy: A make-up class is a free class that is provided out of turn or at the end of a scheduled Course end date.
 A make-up class will be offered in the event:
 (a) a Consultant is unavailable for a class; or
 (b) a technical problem/difficulty arises from the Company’s/Consultant’s end.
 The Company will NOT provide more than 2 (Two) make-up classes (inclusive of any emergency cases) for any Course to any Student. The Company will strive to provide a make-up class before the commencement of the next scheduled class to ensure continuity of the Course. The make-up class should be availed by the Student prior to the commencement of the next scheduled class.
For any classes that is missed by the Students, the Company shall make class recordings available (for requisite Courses) for the Students to review prior to the commencement of the next class.
10.3.  Add-On Class (Additional Class) Policy:
 (a)   For Students who require or desire to spend more time for a particular Course, We will provide the option of purchasing “Add-On” Classes. While Our curriculum is designed to cover all the lesson plans in 10-12 weeks, We understand that this may not be possible all the time for all the Students. Also, as an institution that stands for quality, We encourage Students to take time and effort to achieve the highest quality.
 (b)   These are one to one sessions with the Consultants. If the Student wishes to spend more time on specific concepts or if they have missed any classes, they may request the Consultants for revision of the same.
 (c)   The add-on classes will be arranged subject to availability of the Consultant(s).
 (d)   Consultants can recommend add on classes to Students to bring them up to speed. A mutually convenient time slot will be scheduled for add-on classes. If the Student fails to attend a scheduled add-on class, there will be no refunds or rescheduling of the add-on class(es).
10.4.  Course Progression and Requirements: Students who opt for Courses other than a beginner's Course would be required to submit a pre-requisite assessment. Our curriculum administrator shall verify this assessment. The Student is then advised to join the particular level depending on his/her learning capability and performance on the assessment. After completing the Course, Students can advance to the next Course.
 Pre-Requisites for a Course: Some of our Courses have an eligibility criteria. Students need to ensure that they meet the pre requisites required for these Courses prior to enrolment. Courses meant for beginners will have no pre requisites.
Certification: The Company will provide a Certification of Attendance to the Students who complete an entire Course. Certificates are provided only for instructor-led Courses.
10.5. Additional Learning Tools:
Virtual Class Recordings: The Company reserves the right to record classes for quality audits and training purposes even if the Students have not opted for the same. For any class that is missed by the Students, class recordings will be made available for 30 (Thirty) days after the last class or from the date of purchase, whichever is later, for the Students to review and revise before the next class.
10.6. Schedule and Timing:
 Daylight Time Saving Policy: Students belonging to DST time zones in USA will have a change in class timings during DST transition in their respective time zones. During the enrolment process to a particular Course, the Students will see the class timings for all classes for the Course if there is a time transition during the Course and select batches accordingly.
10.7.  Technical Requirements: Prospective Students should review the technical requirements before enrolling to the Courses. Jnana support team will contact the Student to conduct a test class to ensure the Student meets all technical requirements and is well equipped to join the class, as technical issues are not generally considered an acceptable reason for withdrawal or refund. Students can contact info@jnana.com to address any technical queries and issues faced by them while using the Jnana elearning platform.

11.Limitation and Disclaimer of Warranty

11.1.  The Jnana e-learning platform, the Services and each portion thereof are provided "as is" without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Laws of India, We disclaim all warranties, express or implied, with respect to the Jnana elearning platform, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.
For the purpose of this Terms of Use, “Applicable Law” shall mean, any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority in India having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter.
11.2.  The Jnana elearning Services offered by the Company enables the Users to connect with the Consultants engaged by the Company. We do not employ any Consultants nor are We responsible or liable for any interactions involved between the Consultants and the Users who avail a Course via the Services. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of the Consultants or the Users, including, but not limited to, any User's reliance upon any information provided by a Consultant.
11.3.  The Company does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Jnana e-learning platform or its Services.
11.4.  Under no circumstances, including, but not limited to, negligence, shall the Company 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 Jnana elearning platform, the Services or any portion thereof, by any person, including employees and contracted personnel of the Company.
11.5.  Under no circumstances, shall the Company be liable for any direct, indirect, special, incidental or consequential loss or damages arising due to gross negligence or wilful misconduct of any third party service providers (example: consultants, guest speakers, trainers, OPGSPs etc.) engaged by the Company for the purposes of rendering its Services. 
11.6.  If You are dissatisfied or harmed by this Jnana elearning platform or anything related the Jnana elearning platform, You may terminate these Terms of Use in accordance with Clause 14 below.
11.7. The Company does not guarantee that the Jnana elearning platform will function without interruption or errors in functioning. In particular, the operation of the Jnana elearning platform may be interrupted due to maintenance updates, or system or network failures. In the event of interruption in accessing the Jnana elearning platform due to the above mentioned reasons, the Company shall inform the User of the same, and the Company disclaims all liability with respect to delay in provision of Services due to the same.

12. User Feedback/Comments/Suggestions and Progress Reports

12.1.  We encourage Users to submit/ post/ share their comments/ suggestions/ opinions/ feedback etc. (“User Feedback”) with Us.
12.2.  The User agrees and acknowledges that:
 (a)    The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;
 (b)  The User Feedback shall not be unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate as under Applicable Law;
 (c)   We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;
 (d)  We reserve the right to use or disclose such User Feedback for any purpose, in any way, as We deem fit;
 (e)  We are not obligated to review the User Feedback; and
 (f)   We reserve the right to reject, remove, delete or edit such User Feedback, at any time, without any reason, without providing any notice.
12.3.  The Company will also provide a detailed assessment and progress report of the performance of the Subscribers in the Courses that he/she has subscribed for. These reports shall be shared by the Company with the Subscriber on a periodic basis.

13. Indemnification

You agree to indemnify, defend and hold harmless the Company, and Our affiliates, officers, partners, employees, consultants and representatives, 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: (a) Your failure to comply with these Terms of Use; or (b) where any information You submit, email, or otherwise transmit to Us violates third party rights or applicable laws. 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.
 
 14.Termination

14.1.  The Company may terminate these Terms of Use immediately without notice in the event of any breach by You of these Terms of Use or any of our applicable policies, as posted on the Jnana e-learning platform from time to time or upon a misuse of the Services by You.
14.2.   You may terminate these Terms of Use, for any or no reason, at any point in time.
14.3.   In the event of any termination or expiration of these Terms of Use, the following sections of these Terms of Use shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, fraud or abuse, and the provisions of this section.
14.4.  You agree that upon the termination of these Terms of Use, We may delete all information related to You with respect to the Services availed by You.

15. Force Majeure

The Company shall in no event be liable for non-performance (either in whole or in part) or delay in its performance of its obligations with respect to the Services, if caused by unpredictable adverse weather conditions, strikes/lockdowns (bandhs), industrial strikes, war, acts of God, acts of terrorism, floods, earthquakes or civil disturbance, or such other threatened or actual circumstance which in each case could not reasonably be foreseen and is beyond the reasonable control of the Company.

16. Severability

 If any part of the Terms of Use for Services are determined to be invalid or unenforceable pursuant to applicable laws of India, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.

17. General
 Unless otherwise specified herein, these Terms of Use for Services constitute the entire agreement between you and the Company in respect of the Services and supersedes all previous written and oral agreements between you and the Company, if any. The Company’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

 18.Governing Law and Dispute Resolution

 The Terms of Use shall be construed in accordance with the applicable laws of India. Any disputes, actions or proceedings arising out of or relating to this Terms of Use shall be brought before the courts of Mysore, India and you hereby irrevocably consent to the exclusive jurisdiction and venue of the courts at Mysore, India.

19. Grievance Officer

The Company addresses any discrepancies and grievances faced by the Users of the Jnana elearning platform or Services. For this purpose, the Company has designated Mr.Ganesh K.U as the grievance officer (“Grievance Officer”) who will redress the grievances of the Users of the Jnana elearning platform or Services. You may reach out to the Grievance Officer by:

(a) Sending a letter marked to the attention of “Mr.Ganesh K.U”, N. Ranga Rao & Sons Private Limited, P. B. No. 52, 1553, N.R House, Vanivilasa Road, Mysore – 570 004; OR
(b) Sending an e-mail to Ganesh@nrrs.net