ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOU UNCONDITIONALLY ACCEPT ALL THE TERMS AND CONDITIONS UNDER TOUFW, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING WITH THIS PLATFORM.

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

These terms of use of website and/or application are applicable for accessing, browsing or otherwise using the website and/or app by the user (“you/your”). Your utilisation of website and or app indicates that you have unconditionally accepted all the terms under this Terms of Use for Website (“TOUFW ”). My Dvija is an app and web based platform exclusively owned and operated by Mrs. Shrreya Siddarth Shah.

This TOUFW is between Mrs. Shrreya Siddarth Shah, (“MY DVIJA/us/we”) and the user (“you”, “User” and “your”). This TOUFW and all the other agreements on the website and/or app constitute a binding agreement and shall co-exist with each other. In case of a conflict all the terms are to be interpreted harmoniously.In case the User is not the person using this website or is not the person who actually read this TOUFW, then it shall be deemed that such person using the website is apprised by the user /owner of the device about this TOUFW and is aware of the terms and conditions.

Your use of the website and services and tools are governed by the TOUFW including the applicable policies and disclaimer which are incorporated herein by way of reference. If you transact on the website, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website, you shall be contracting with MY DVIJA and these terms and conditions including the policies constitute your binding obligations, with MY DVIJA.

When you use any of the services provided by us through any platform, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this TOUFW and shall be considered as part and parcel of this TOUFW. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these TOUFW, at any time without any prior written notice to you. It is your responsibility to review these TOUFW periodically for updates/changes. Your continued use of the platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these TOUFW, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use our platform subject to the TOUFW.

By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by MY DVIJA policies as amended from time to time.

ELIGIBILITY FOR USE

The use of the website/app is available only to the person who can form a legally binding contract under Indian Contract Act, 1872 and, is a major and of sound mind. My Dvija reserves the right to terminate your TOUFW and / or refuse to provide you with access to the website and/or app if it is brought to our notice or if it is discovered that you are not legally competent to contract as per applicable laws or you have misrepresented information to enter into Agreement with My Dvija.

AVAILABILITY

MY DVIJA does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. The courses are scheduled based on the date and time slots provided on the website or by communicating it to you through sms, whatsapp etc. User may experience delay in a scheduled date and time due to uncertainties or circumstances that are beyond the control of MY DVIJA including but not limited to any ongoing restrictions, local issues, weather conditions, etc. Any delay or cancellation will be accordingly informed to the User.

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

Registration is mandatory for utilising the website and/or app. You are required to disclose your basic information for processing and to create an account. Account creation is free and there are no subscription charges. You shall be allotted access credentials post registration. During your utilisation of the website and/or app, you shall be responsible for maintaining the confidentiality of your credentials, and you shall be solely responsible for all activities that occur under your credentials. You agree and understand that we may verify the information provided by you and may also ask for further information after registration is completed. You agree that, if you have provided any information that is untrue and inaccurate, we have the right to indefinitely suspend or terminate or block access of your credentials on the website and/or app and refuse to provide you access to the same.

The website and/or app provides products, sessions, information; courses etc. (collectively referred to as “services”) and each such service may come along with usage which may be available on the website and/or app. My Dvija reserves the right to amend, modify, and take down such usage at its discretion. You agree to abide by such services usage and terms thereof. You agree and understand that any and all services provided herein shall not be substituted for an advice and/or suggestion by My Dvija and is only informative in nature. My Dvija shall not be liable for any loss or damage owing disobedience or defiance of these services.

My Dvija may at its sole discretion introduce new services and/or modify some or the entire existing services offered on the website and/or app. In such an event My Dvija reserves the right to introduce fees for the new services offered or introduce fees for existing services, as it may desire. Changes to the fees shall be posted on the website and/or app and such changes shall become effective immediately after they have been posted on the website and/or app. All fees shall be mentioned in Indian Rupees only. You shall be solely responsible for compliance of all applicable laws for making payments to My Dvija.

We reserve the right to restrict the number of messages or emails or comments which a user may send to others or comment on an open comment platform in any time period which we deem appropriate in our sole discretion.

We reserve the right, to monitor the materials posted on the website and/or app. My Dvija shall have the right to remove any content that in its sole discretion violates, or is alleged to violate, any applicable law or this TOUFW. Notwithstanding this right, you remain solely responsible and liable for the content of the materials you post on the website and/or app. 

In no event shall My Dvija have any responsibility or liability for any content posted by you or for any claims, damages or losses resulting from use of the content and/or appearance of the content on the website and/or app.

It is possible that, other users may post or transmit offensive or obscene materials on the website and/or app and you may be involuntarily exposed to such offensive and obscene materials. Even though we may endeavour to have the best security measures for our website and/or app it is possible for others to obtain personal information about you due to your use of the website and/or app and without any access provided by My Dvija. We do not approve of such unauthorized uses, however by using this website and/or app you acknowledge, understand and agree that we shall not responsible for the use of any personal information that you may publicly disclose or share with others on the website and/or app or any information which may get disclose for no fault of My Dvija or for reasons beyond the control of My Dvija. 

For your convenience, My Dvija may provide links to other web sites and/or app that are not operated and/or controlled by us. These links do not mean that we endorse, approve or sponsor any information available at the linked site or any product that maybe sold therein. We shall not be responsible and liable to for the use of such information.

FEES

As of now MY DVIJA does not charge any membership fee for browsing and buying on its platform. MY DVIJA reserves the right to change its fee policy from time to time. In particular, MY DVIJA may at its sole discretion introduce new services and modify some or all of the existing services offered on the website. In such an event MY DVIJA reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the website and such changes shall automatically become effective immediately.

POSTING ON PLATFORM

The right to post anything on website/app and on any other social media is the legal right of MY DVIJA only. If any third party knowingly or unknowingly breaches any of these terms or posts/make statements on any social media platform or in any public domain, either directly or indirectly, thereby causing any harm or prejudice to the goodwill and/or services of MY DVIJA then MY DVIJA will have the right to take the legal action as per the prevailing laws of land against all such persons.

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

PRECAUTIONS, PROHIBITIONS, LIABILITIES AND RESTRICTIONS WHILE USING THE PLATFORM

  1. You agree, acknowledge and undertake that your use of website and/or app shall be strictly governed by the following binding principles:
    You shall not display, upload, modify, publish, transmit, update or share any information which belongs to another person or is an intellectual property right of any other person and to which you do not have any right to; whether or not the same is in public domain; is misleading, fraudulent or amounts to concealment of facts in any way;
  2. You shall not perform an act that is grossly harmful, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, politically motivated, a political view, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  3. Is misleading, fraudulent or amounts to concealment of facts in any way;
  4. Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  5. Provides instructional information about illegal activities such as making or buying illegal weapons, hacking data, contraband, intoxicating and potentially dangerous to health or any drugs that are not available across the counter, violating someone’s privacy, or providing or creating computer viruses;
  6. Contains video, photographs, or images of another person (with a minor or an adult).
  7. Tries to gain unauthorized access or exceeds the scope of authorized access to the website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  8. You shall not perform such act that gains unauthorized access or exceeds the scope of authorized access to the website and/or app or to the product, or other areas of the website and/or app
  9. You shall not solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  10. You shall not interfere with another user’s use and enjoyment of the website and/or app or any other individual’s enjoyment of similar services;
  11. You shall not impersonate another person;
  12. You shall not perform any act which may violate third party’s rights
  13. You shall not use any electronic device containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information on our website and/or app;
  14. You shall not use any electronic device that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  15. You shall not do any act that violates any law for the time being in force.
  16. 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 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. We reserve our right to bar any such activity.
  17. You shall 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 to any server, computer, network, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.
  18. You shall not probe, scan or test the vulnerability of the website and/or app or any network connected to the website and/or app nor breach the security or authentication measures on the website and/or app or any network connected to the website and/or app.
  19. 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 including the terms MY DVIJA, www.mydvija.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of My Dvija or the other sellers on the website and/or app or otherwise tarnish or dilute any My Dvija’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. 
  20.  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.
  21. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website/application or any service offered on or through the website or any other application.
  22. You may not use the website and/or app or any content therein for any purpose that is unlawful or prohibited by this TOUFW, or solicit the performance of any illegal activity or other activity which infringes the rights of My Dvija and/or others.
  23. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations.
  24. You shall not engage in advertising to, or solicitation of, other users of the platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the website or related to us. In order to protect from such advertising or solicitation, we reserve the right to take appropriate actions at our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoenaWe reserve the right, but have no obligation, to monitor the materials posted on the platform. MY DVIJA shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these TOUFW. 
  25. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, 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 website.
  26. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website.
  27. You understand that we have the right at all times to disclose any information as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, we can disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes.
  28. You understand and undertake that the use of this website by you is strictly for non-commercial purposes and personal gain only.

CONFIDENTIALITY
Any party receiving Confidential Information from the other (“Receiving Party‟) shall except as may be subsequently agreed in writing by the party disclosing the Confidential Information (“Disclosing Party‟) at any time after the Execution Date:

  1. Keep all Confidential Information of the Disclosing Party strictly confidential and not disclose any part of it to any other person without the Disclosing Party’s prior written consent.
  2. Act in good faith at all times in relation to the Disclosing Party’s Confidential Information, and will not use any of the Disclosing Party’s Confidential Information for any purpose other than the performance of the Agreement.
  3. Use the same degree of care to protect the Disclosing Party’s Confidential Information as it uses to protect its own confidential information of a similar nature, being at least a reasonable degree of care.
  4. Only disclose the Disclosing Party’s Confidential Information to its professional advisers, its officers and employees who have a need to have access to the Disclosing Party’s Confidential Information for the performance of their work with respect to the agreement, and who are bound by a written agreement or professional obligation to protect the confidentiality of the Disclosing Party’s Confidential Information provided that the Receiving Party shall retain full liability for any act or omission of any person to whom Confidential Information is disclosed under this clause which would have constituted a breach by that person of the terms of the Contract had such person been a party to it. 
  5. Promptly advise the Disclosing Party of any unauthorized use or disclosure of the Disclosing Party’s Confidential Information of which it becomes aware.

INTELLECTUAL PROPERTY RIGHTS
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is an Intellectual Property and proprietary information of My Dvija. No part of the website and/or app and no Content therein may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without My Dvija’s express prior written consent.Subject to the express provisions of these terms and conditions:

  1. My Dvija together with its licensors, own and control all the copyright and other intellectual property rights on the website and the material/data/information/courses and products on the website; and
  2. All the copyright and other intellectual property rights in the website and the material/data/information/courses and products on this website are reserved.
  3. No material/data/information/courses and products from the website can be copied or downloaded, edited, modified or saved except as expressly permitted.

PAYMENT PLATFORMS

The acceptable modes of payment are:

    1. Credit Card
    2. Debit Card 
    3. Internet Banking
    4. UPI

You hereby declare and undertake that any credit/debit card used by you belongs to you or you are authorised to use it by the rightful owner. You agree and understand that payment mechanisms may be governed by separate or additional terms of use prescribed by us or by separate agreements between us and the third parties who provide facilities for such payment mechanism. You agree that the payment shall be your responsibility and you take all accountability or liability for defect or any issues in any payment procedure. Any applicable taxes payable under law shall be paid and borne by you.

REFUND AND RETURN

We provide 100% returns and refunds only for:

  1. Products received in a damaged condition due to transit issues –Video evidence while unpacking will be required as the only acceptable evidence of damage in transit / courier.
  2. Products that have passed their expiry date when delivered to you.
  3. Products that do not match the ones ordered.

For any of the issues listed above, you must request a return within 24 hours of delivery, by sending an email on [email protected] with an image of the damaged/expired product. Please also mention your order number in the email.

When the returned products are received by My Dvija, it will be checked and verified for the claimed damages. On acceptance of the complaint, we will refund the value of the product by account payee only. A refund will be initiated within 15 days of acceptance of your refund request.

VIOLATION OF TERMS 

You acknowledge and agree that MY DVIJA may, at its sole discretion and without prior notice, terminate your access to the website/app, prevent you from using it in the future, and take other legal action if it believes you violated any of the terms. You also consent to MY DVIJA obtaining any injunctive or legal remedy that MY DVIJA deems necessary or appropriate in the event that you violate these terms, as you acknowledge that doing so will constitute an unlawful and unfair business practice and cause irreparable harm to MY DVIJA for which monetary damages would be insufficient. 

These remedies are added to all other ethical or legal remedies that MY DVIJA may have. You acknowledge that MY DVIJA may, at its sole discretion and without prior notice, terminate your access to the website/app for any reason, which may include, but is not limited to:

  1. requests from law enforcement or other government agencies; 
  2. requests from you (self-initiated account deletions); 
  3. discontinuance or material modification of the website or app or any service provided on or through the website/App; or unanticipated technical issues or problems;
  4. breach of any of the terms or conditions by you;
  5. any information or material made available to you through any courses, is been shared to any third party without the consent of MY DVIJA. 

In addition to any other relief provided to MY DVIJA, in the event that MY DVIJA takes legal action against you due to your breach of these terms, MY DVIJA will be entitled to recover from you, and you agree to pay, any reasonable legal professionals’ fees and costs of such action.

INDEMNITY

You agree to indemnify and keep indemnified My Dvija, their respective officers, employees and agents, its independent service providers, third party suppliers and consultants from and against any and all losses, liabilities, claims, damages, demands, costs and expenses including legal fees asserted against or incurred by My Dvija that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you.

LIMITATION OF LIABILITY

My Dvija shall not be liable for any amount that is above and beyond that amount that you have rendered for availing the services. We shall not be liable to any third party for any loss, damage and or claims suffered by them, if any. In no event My Dvija will be liable or take responsibility for the contents, accuracy and completeness for the website and/or app. It is the responsibility of User to inform the Grievance team of My Dvija of any actual or suspected unlawful use of the User’s account. My Dvija is not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

MAINTENANCE

My Dvija may at its sole discretion and without assigning any reason thereof and without any prior notice may at any time deactivate or suspend the User’s access to the Website and/or app, the Services to carry out maintenance, upgradation or such other related work of the website. The User agrees and understands that My Dvija takes no responsibility for and will not be liable for loss of User’s data.

FORCE MAJEURE

We will not be liable for any delay, interruption or failure in the provisioning of services and/or products, if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, non-availability of labour, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, third party acts or other similar events beyond our control that may prevent or delay the services.

TERMINATION

My Dvija may terminate, change, suspend or discontinue any aspect of the Website/App or the Website/App’s services at any time. My Dvija may restrict, suspend or terminate your access to the Website/App and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. The User agrees and understands that My Dvija takes no responsibility for and will not be liable for loss of User’s data.

GOVERNING LAWS

This TOUFW shall be governed by Indian law. All disputes are subject to the Courts situated within the local limits of the Pune District in state of Maharashtra. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this TOUFW and not affect the validity and enforceability of any other provisions.

ENTIRE AGREEMENT AND SEVERABILITY CLAUSE 

These TOUFW contain the entire agreement between the parties in relation to its subject matter. If at any time any part of these TOUFW is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these TOUFW and the validity and/or enforceability of the remaining provisions of these TOUFW shall not in any way be affected or impaired as a result of that omission. 

If you have any queries on the TOUFW you should send your query to the following address- 

Email: [email protected]

For Shrreya Siddarth Shah