Pravi Terms and Conditions

 

This is a legally binding agreement between you, (“the User” or “you”) of the programs provided on this platform and Pravi (together with its subsidiaries and affiliates referred to as “us”, “we”, “our” or “the Company”) stating the terms and conditions that govern your use of the platform, as defined below. The website https://pravi.co (referred to as the “Platform”)  and the information, services and other materials contained therein are provided and operated by Data Science Lab Consulting Pvt Ltd. (“Pravi”) offers curated and specially designed online education and industry-relevant certification upskilling programs and career assistance services (“Programs”) that enable an individual to enhance their knowledge by way of practice and assigned tasks.

 

By accepting these Terms and Conditions (“Terms” or “Agreement”)  in any manner or accessing the Platform, you consent, agree, and undertake to abide, be bound by and adhere to these Terms and if you do not agree to these Terms, you are not entitled to avail of/use the Programs and any use thereafter shall be unauthorized.

 

1.                Account, Registration and Delivery of Services

 

         1.1 Account registration by individuals

 

a.                In order to participate in most of the Platform activities and to apply for a Program, you will need to register for a personal account (“User Account”) by entering the information required to do so. The information provided by you during registration must be accurate, current and complete and you shall maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Platform and your enrolment into a Program, to the extent applicable. You are responsible for maintaining the confidentiality of your credentials and for any activities or actions that occur under your account.

 

b.                You shall not share your login credentials with anyone else as each account allows access  only to the registered User. Access to the Programs is restricted to individuals who have specifically been granted access by Pravi.

 

c. Upon payment of the Program fees depending on the Program –Pravi shall deliver the terms of use of the Program and grant you access to the Program. The invoice may be provided to you along with the email confirmation or within 5 days thereafter. This shall be a proof of delivery against the successful payment of fee.

 

d.                 By registering your User Account, you agree that:

 

i.  you are registered for the Program only once and will not set up multiple User Accounts; and

ii. you will abide by these Terms and any terms specific to the Program.

        1.2 Account registration by institutions

a.                Educational institutions may create and register accounts on behalf of the students enrolled in them. By registering User Accounts on behalf of students, the institution, as the authorized representative of the students, agrees to abide by the terms and conditions set forth by the institution. This clause governs the account registration process and establishes the rights and obligations of the institution. The obligations of these Terms shall apply to students registered under this section if such student is 18 years of age and above.

 

b.                By registering the User Accounts on behalf of students, you agree that:

i.  you have the legal authority to register an account on behalf of the student and provide all necessary information accurately and truthfully. You further acknowledge that any information provided during the registration process will be treated as the student's own information for the purposes of account management.

Ii.  all information provided by you is complete, current and accurate and that you will notify Pravi of any changes in the information provide.

 

 

2.                Eligibility

 

In order to agree these Terms on the Platform, the User shall be 18 years of age. However, if you are under the age of 18 but over the age of 13, you may use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms and registers an account on your behalf.

 

3.                Payment and Refund Policy

 

3.1 Payment :

 

a.                 The prices of the Programs on the Platform are based on the plan and the content you choose from the available courses. The price applicable to the Program will be the price at the time you complete your purchase of the Program and the plan. If you are logged into your account, the listed  currency you see will depend on your location when you created the account. Pravi provides Programs on subscription basis starting from a minimum of 90 (Three) days subscription plan. Every Program will offer a 4 (Four) days’ trial period following which the content therein will be locked and will be made accessible to the User only upon payment of the subscription fee.

 

b.                During your subscription, you will be given a number of exercises. Upon solving the exercises and through other activities on the platform, the User will gain Pravi coins at our discretion. Every 10 (ten) Pravi coins gained by the User will equate to INR 1/- (One rupee only). At the end of the subscription period, the total number of points will be converted into its equivalent amount of money and will be redeemed against the renewal fee of the User. Under no circumstances, the Pravi coins earned by a User can be redeemed or monetized as actual cash by any means. We are also responsible for collecting and remitting tax to the proper tax authorities based on the tax laws of the country you are located in. Thus, the prices of the Programs may vary depending on your location after inclusion of such taxes, or tax may be added at checkout. Depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. We do not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrollment/purchase.

 

c. Unless otherwise expressed in writing by Pravi, full payment for participation in a Program based on the plan is required at the time of registration. You authorize us to charge your debit or credit or process other means of payment for the fees. Pravi works with payment service providers to offer you the most convenient payment methods in your country and keep your payment information secure. Pravi as a Platform does not store any of your card information or such other information restricted by the Reserve Bank of India (RBI). The enrollment in a Program is non transferable.You agree that in case Pravi’s third-party payment provider stores any such information, Pravi will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and we are in no way liable for any such losses and are neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform.

 

d.                Failure to pay the applicable Program fee may result in withdrawal of your access to a Program. Pravi reserves the right to change the pricing of the Programs and the plans at its sole discretion.

 

3.2 Refund :

 

 Payments are non-refundable and there are no refunds or credits for partially used periods upon cancellation by the User with or without cause, unless otherwise required by applicable law. However, termination of these Terms by Pravi except in accordance to clause 7.2 may entitle the User for refund for the unused period of subscription.

 

 

4.                User access and User Obligations

 

4.1 Pravi shall grant you access to the subscribed plan and the Program upon completion of payment of the fee of such plan and Program. Pravi grants you a limited sub-license to access and make personal use of the site, but not to modify it, or any portion of it, except with our prior written consent. Such limited sub-license does not include/permit any resale, or commercial use of the site or its contents. Any portion of the Platform may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without our express written consent. You shall not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including but not limited to images, text, page layout, or form) of the Platform, or the Company and/or its affiliates without the express written consent of the Company.  You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or other systems or networks connected to the Platform.

 

4.2 You acknowledge and agree that we have the right to report any and all such suspicious or illegal activity to the appropriate legal authority without any notice to you.

 

4.3 During your use of the Platform and Program, you will:

 

a.                ensure a good conduct while accessing the Platform;

b.                not cheat on any homework, assignments or tasks assigned to you;

c. not post any secured testing materials on any other platform;

d.                notify the Platform immediately if you become aware of any breach of these Terms.

 

4.4 Furthermore, you shall not host, display, upload, modify, publish, transmit, store, update, or share any information that :

 

a.                belongs to another person and to which the User does not have any right;

b.                is defamatory, libelous, fraudulent, threatening, obscene, indecent, profane, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, discriminating harmful, insulting, or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

c. is harmful to children;

d.                infringes any patent, trademark, copyright or other proprietary rights;

e.                violates any law for the time being in force;

f.  knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

g.                impersonates another person;

h.                contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

i.  is patently false and untrue, and is written or published in any, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

j.  content that discusses illegal activities, with the intent to commit them;

k. content that you not have the right to disclose;

l.  advertising or any form of commercial solicitation;

m.               content related to partisan political activities;

n.                content that contains intentionally inaccurate information or that is posted with the intent of misleading other; including but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

o.                content that consists of any high volume, automated, or electronic means to access the Platform (including without limitation robots, spiders or scripts);

p.                content that violates the rights of other Users of the Platform; or

q.                content that violates any local, state, national or international law or otherwise advocates or encourages any illegal activity.

 

 

 

5.                Pravi’s right to User content

 

5.1 With respect to any User content you submit via the Platform or Programs or that is otherwise made available to us , you hereby grant Pravi an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User content on the Platforms or in the Programs or otherwise use the User content, with the right to sublicense such rights (to multiple tiers), for purposes including but not limited to providing the content to third parties for hiring or any commercial purpose. Pravi reserves the right to remove any User content at any time and for any reason.

 

5.2 To the extent that you provide any User Content, you represent and warrant that:

 

a.                 you have all necessary rights, licenses and/or clearances to provide such User content and permit Pravi to use such User Content as provided above;

b.                such User content is accurate and reasonably complete;

c. as between you and Pravi, you shall be responsible for the payment of any third-party fees related to the provision and use of such User content; and

d.                such User content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.

 

6.                Intellectual Property Rights

 

6.1 “Content” means any and all information and data, which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, videos, logos, offers, advertisements, interactive features and other materials.

6.2 The Platform, Programs and related services are owned and operated by Pravi and its licensors. All Content or other material available on the Platform or through the Programs, including but not limited to online/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively “Pravi Content”), are the property of Pravi and/or its affiliates or licensors, and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian and foreign laws. All software used on the Platform is the property of Pravi and is protected by Indian and international copyright laws.

6.3 Pravi logos, trademarks and service marks that may appear on the Platform and in the Program (“Pravi Marks”) are the property of Pravi and are protected under Indian and foreign laws. In addition, elements of the Platforms are protected by trade dress and other Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Pravi.

6.4 As a condition of accessing the Platforms and/or using the Programs, you agree not to:

a.                reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any Content of Pravi or any portion of it thereof, other than as expressly allowed under these Terms; and

b.                use the Pravi Marks or the name, trademarks, service marks, in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorized purpose.

6.5 Please verify all Content prior to use. In the event you come across any Content that is incorrect, infringing, offensive, indecent or objectionable, please notify us immediately at [email protected].

 

7.                Termination

 

7.1 You may cancel your subscription at any time during your subscription period. However, you agree that such termination shall not entitle you to any refund for the unused portion of your subscription period whether such cancellation is with or without cause.

 

7.2 You agree that Pravi, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform or enrolment to a Program with or without notice, including, without limitation, if Pravi believes that you have

a.                breached the Terms;

b.                infringed the intellectual property rights of a third party;

c. posted, uploaded or transmitted unauthorized Content on the Platform; or

d.                violated or acted inconsistently with the spirit of these Terms or any other applicable policy.

 

7.3 You agree that any deactivation or termination of your access to the Platforms or Programs may be effected without prior notice to you and that Pravi shall not be liable to you nor any third party for any termination of your account or enrolment into a Program. You also acknowledge that Pravi may retain and store your information on Pravi’s systems notwithstanding any termination of your account or enrolment into the Programs

 

8.                Data Retrieval

 

Following the termination of your enrolment by you or by Pravi except for reason of violation of these Terms, your account shall be made accessible to you for a period of 6 months following the effective date of termination. You are expected to download your data to the extent allowed by the Platform and the Terms of this Agreement within such 6 (Six) months following which your account shall become dormant and you shall not have further access to the Platform. We shall delete all Customer data associated with the User Account at the end of the 6 (Six) months’ period. Pravi may retain a copy of the data needed to comply with the applicable laws and policies. 

 

9.                Disclaimer of Warranties

 

9.1 You expressly acknowledge and agree that to the maximum extent permitted by law, the services and other materials are provided by this Platform on an ‘as is’ basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Pravi makes no warranty that:

 

a.                your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free or free from viruses and other malicious software;

b.                materials, information and results obtained will be effective, accurate or reliable;

c. any errors or defects in the Platform, services or other materials will be corrected.

d.                for any delay or failure of our performance of any of the services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

 

 

9.2 To the maximum extent permitted by applicable law, we will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Pravi also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.

9.3 You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. Pravi accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

9.4 We shall not be liable for any third party product or services.

 

10.              Indemnification

 

You agree to indemnify, defend and hold harmless this Company including but not limited to its affiliate, subsidiaries, vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us 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 pursuant to these Terms. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform, any claim that your material caused damage to a third party, your violation of the Terms or any other policy, or your violation of any rights of another, including any intellectual property rights.

 

11.              Trade Regulations

 

11.1 Accessing the services from territories where the services, or any content or functionality of the services, or portions thereof, including, but not limited to, functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access, purchase, or use the services, in any manner, you:

a.                acknowledge and agree that you do so at your own initiative and at your own risk; and

b.                represent and warrant that you are doing so in compliance with all applicable laws, regulations and orders.

 

12.              Limitation of Liability

 

12.1 Under no circumstances shall Pravi and its affiliates be liable to the User or any third party with respect to any subject matter of these Terms (including any breach of security or data loss or User’s reliance on or anything learned in any Program in any manner). To the extent permitted by law, we (and our affiliates, subsidiaries, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our affiliates, subsidiaries, suppliers, partners, and agents) to you or any third parties under any clause is limited to the amount you have paid us in the 12 months before the event giving rise to your claims.

 

12.2 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

 

13.              Privacy

We encourage you to read the Privacy Policy and to use the information it contains to make informed decisions regarding your personal information. Please also note that certain information, statements, data and content which you provide on the Platform are likely to reveal your personal information. You acknowledge and agree that your submission of such information is voluntary on your part. Further, you acknowledge, consent and agree that we may access, preserve, and disclose information you provide to us at any stage during your use of the Platform. Disclosures of information to third parties are further addressed in our Privacy Policy.

 

14.              Arbitration rules

 

14.1 Initial dispute resolution : We are available by email at [email protected] to address any concerns you may have regarding these Terms. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

 

14.2 Agreement to binding arbitration : Where a dispute arises, the parties involved shall make all reasonable efforts to resolve the dispute through good faith negotiations. If efforts to amicably resolve any dispute or claim between the parties are unsuccessful, then such dispute or claim arising out of or in connection with the Terms or any Program-specific terms shared with you, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration and Conciliation Act, 1956, as amended (“Act”) before a sole arbitrator to be appointed by Pravi. The proceedings shall be conducted in English and the seat for arbitration shall be Pune, India.

14.3 Fees and Cost : You agree that you and the Company shall bear your own cost and attorney fees in case a dispute arises. However, the parties agree that such cost and attorneys’ fee may be recovered to the extent permitted by law and at the discretion of the arbitrator.

14.4 Class actions : You and Pravi further agree that any arbitration shall be conducted in our respective individual capacities only and not as class actions or any other representative actions, and you and Pravi each expressly waive your right to file a class action or seek relief on a class basis. An arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action) and an arbitrator’s decision or award in one claimant’s case can only decide the disputes of that User, not other Users. Nothing in this Agreement limits the parties’ rights to resolve a dispute by mutual agreement through a class-wide settlement of claims.

14.5 Changes to Arbitration Clause : Iif Pravi changes this dispute resolution section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Pravi written notice of such rejection at [email protected] within 30 days of the date such change became effective. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Arbitration Rules” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Pravi in accordance with the provisions of this "Arbitration Rules" section as of the date you last indicated acceptance to these Terms

14.6 If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Mumbai, Maharashtra.

 

 

 

 

15.              Miscellaneous Provisions

 

15.1 Entire Agreement: The Terms set forth in this Agreement and any additional or different terms expressly agreed by the User and the Company shall constitute the entire Agreement and understanding of the User and the Company with respect to the services provided herein and shall cancel and supersede any other prior or contemporaneous discussions, Agreements, representations, warranties, and/or other communications between them.

 

15.2 Governing Law and jurisdiction : These Terms or any Program-specific terms shared with you shall be governed by, construed and enforced in accordance with the laws in India. You agree that any legal lawsuit or other action brought by Pravi, you or any third party to enforce these Terms or any Program-specific terms shared with you, or in connection with any matters related to the Platform or Programs, shall be subject only to the jurisdiction of the courts of Mumbai, Maharashtra.

 

15.3 Relationship : You and Pravi agree that this Agreement does not create any joint venture, partnership, employment, contractor, or agency relationship between you and Pravi.

 

15.4 Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.

 

15.5 Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

 

15.6 Assignment : Pravi may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Program specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any Program-specific terms without the prior written consent of Pravi.

 

15.7 Communication : Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email to the User on the address or email ID provided by the User at the time of registration of User Account and to Pravi at [email protected]