- Terms of Service
www.memorytrix.com is an online portal, owned and operated by Memorytrix Innovations Private Limited (hereinafter, the “Website”).
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
- Description of Services
The Company facilitates memory technique based English & Speed Math education services to children. We provide English & mathematics learning, cognitive ability development, memory techniques to the Child. The concept is to create a live, fun learning (virtual) classroom.
You are solely responsible for protecting the confidentiality of your admission & social media accounts. In the event you provide us with false/inaccurate details or the Company has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your enrolment. You acknowledge that your admission is for your exclusive use only. Use or sharing of your admission with another user or person is not permitted and is cause for immediate blocking or removal of your access to the website, platform, the Services and the content provided by the Company and shall lead to termination of this Agreement without any notice. You are solely responsible for maintaining the confidentiality of your admission and for all activities that occur under it. You agree to immediately notify to the Company if you become aware of or have reason to believe that there is any unauthorized use. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with the Company in any investigation of such unauthorized uses. The Company shall not under any circumstances be held liable for any claims related to the use or misuse of your admission due to the activities of any third party outside of your control or due to your failure to maintain the confidentiality and security.
Services on the website would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the website.
- Trial Classes
We offer One (1) free trial class to our new members so that you get an opportunity to experience the services provided by us. Only one (1) free trial class is permitted per new student. Multiple availment of trial classes by an individual either through his/her own account or name or through someone else’s accounts, email IDs , names and/or in any other manner whatsoever, without the prior written permission of the Company is not allowed and shall amount to a breach of the present Terms. Any free trial class provided by the Company shall also be governed by these Terms.
- Modules and Curriculum
The Company will have its sets of modules according to which the Child is expected to complete his/her course/levels. The Company has instructors who will be assisting the Child with their modules. The Company shall also grant you access to its material, content, curriculum, documents and other information and data which may be in written, graphic, recorded, photographic, or any other format in relation to the modules for which you have registered for, whichever is applicable. The Company reserves the right to amend, revise or update the Curriculum at any time.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
- License And Access
The Company grants you a limited sub-license to access and make personal use of the website and its services, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the website/service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website/service or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the website may NOT be reproduced, duplicated, copied, sold, resold, distributed, broadcasted, disseminated, prepared derivative works of the curriculum, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website, platform or service, or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the website, platform, service or any other systems or networks connected to the website, platform, service 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.
You hereby agree and undertake NOT to host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which you do not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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; or
- is misleading or known to be false in any way.
- Intellectual Property Rights
You acknowledge that the Company is the sole and exclusive owner of the Website, platform, the services provided by the Company, the curriculum, and its content and as such the Company is vested with all the Intellectual Property Rights and other proprietary rights in the Website, Platform, the Services, content and the curriculum. The Company may from time-to-time upload or screen-share in live class- videos, audios/ sound recordings, content and other materials on the website or platform which shall be the exclusive property of the Company. You undertake not reproduce, transmit, retransmit, distribute, publish, post, share or make available the said videos, audios/ sound recordings, content and other materials or any part thereof which are available on the Website or Platform in any manner whatsoever. Additionally, the Company also retains all rights (including copyrights, trademarks, patents, designs, logos, trade-dress, trade-secrets, know-how as well as any other intellectual property right) in relation to all information provided on or via this Platform, including but not limited to all texts, graphics, photos, illustrations, apps and logos except the content, reading material, curriculum, tests and exercises made available to you from Memorytrix Innovations Private Limited via www.memorytrix.com and all the subdomains under them . You shall not copy, download, publish, distribute or reproduce any of the information shared with you with respect to the course in any form without the prior written consent of the Company. The Company retains all the rights in the curriculum, video recordings, sound/audio recordings, images, photos, pictures/ images clicked during the classes, lectures delivered by the Company’s instructors, text and other material posted on the Website or Platform and shall be the sole owner of the same. You undertake that you shall not record, make videos or sound/ audio recordings, take screen shots, click pictures and shall not download, publish, transmit, display, reproduce, transmit, distribute, post, share or make copies of any of the classes/ lectures that are conducted by the Company (including the trial classes), video recordings, sound/audio recordings, images, photos, pictures/ images, text or other material, whether in full or in part, unless you obtain prior written approval from the Company. Any recordings, videos, sound/audio recordings, screen shots, screen recordings, pictures, images, material or content which is obtained in any manner without the prior written consent of the Company shall amount to breach of the instant terms and conditions and you shall be solely liable for the said breach under the applicable laws. All other rights are reserved.
- Copyright And Trademark
The Company, its licensors or suppliers (if any) expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the website or platform. Access to or use of the website or platform does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the website or platform are owned by or licensed to the Company. Any use of the website, platform or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.
You may NOT modify, distribute or re-post anything on the Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the website or platform. Access to or use of the website or platform does not authorize anyone to use any name, logo or mark in any manner. References on the website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party websites, you do so entirely at your own risk and expense.
- Use of the Website or Platform by the Child
You expressly acknowledge and undertake that:
- You are competent and have all the necessary legal rights to enter into this agreement on behalf of the child.
- You grant your consent to the Company for your child to attend and participate in the classes, courses, tests, sessions and/or any other program conducted and/or organized by the Company on its Website or Platform and in relation to the services provided by the Company. You undertake that the participation of the Child and all the activities done by the Child will be under your direct and constant supervision. You further accept full and complete liability arising out of the child’s acts, whether direct or indirect.
- Payment and Refund
The online classes, live games/challenges and other assignments are paid services and the payments made by you shall be according to the plans opted by you through the website and conversation with our official sales executive. You explicitly agree to pay the fees for the courses/ plans that you purchase, and you authorize the Company to charge you as per the applicable payment mode opted by you. All payments shall be through the payment mechanism put in place by the Company and you shall be responsible for paying all fees and applicable taxes in a timely manner as per the mechanism associated with the Plan availed by You. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, Online Bank Transfer and Wallet Payment. With reference to The payment gateway, mechanisms are governed by the terms and conditions of the third-party providers as listed on the Website or Platform and the User agrees to be bound by those terms. Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorised use, fraud, payment refunds, lost amount etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Us.
- For a User who signs up for a periodic subscription automated by the payment gateways, once the periodic payment is automatically debited it will not be refunded. Any cancellation of the subscription should be done prior to the periodic bill date by the user or by writing an email to [email protected] with the reason for the cancellation prior to 30 days of next billing. The cancellations do not cover the convenience charges in any terms .
The following payment options are available on the Application:
- Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card;
- Visa & Master Card Debit cards;
- Netbanking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of the Purchase.
- Payment Wallets
- Refund Policy
For refundable courses, customers will be eligible for a pro rata refund to the tune of unused classes. However, the refund validity period is 15 days i.e. unused classes can be refunded back only when the refund request is raised within 15 days from the date of last attended class.
For non-refundable courses, customers will be eligible for a pro-rata refund where consumed classes are less than 5. No refund or cancellation is permitted once the customer has consumed 5 or more than 5 classes of a non-refundable course.
Refund processing time is between 30-60 days from the date of raising request with the Customer Support. Requests for refund will be considered only when a query is raised with [email protected] or 08920222767.
- Third Party Services
- Third Party Permission
The Company has subscribed to various third-party service providers and you agree and acknowledge that, while accepting these terms, you explicitly grant permission to these service providers to use your information. In the event of any dispute between the third party and you the company shall not be held liable in any matter whatsoever.
- User Content
The Company offers You and the Child the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, talks, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information. The Company may remove content at its discretion, subject only to its express obligations in respect of peer-reviewed articles. You warrant and represent that your content, and the content of any website from which You include a link to any site, or to which You post a link from a site, will not be inappropriate. Without limitation, content (and the content of third-party websites) may be considered inappropriate if:
- it is misleading in any way, and/or it gives a false impression as to its origins or approvals;
- it is defamatory, plagiarized (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence;
- it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by You;
- it prejudices any active or pending legal proceedings of which You are aware;
- it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
- it infringes any intellectual property rights proprietary to the Company or any third party;
- it is technically harmful (including content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm the Company or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
- it advertises or promotes any product or service or makes any requests for donations or financial support;
- it is spam or junk content;
- it impersonates another person or otherwise misrepresents your identity, affiliation or status;
- it would be considered a criminal or statutory offense in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
- it is in breach of these Terms and/or of any Additional Terms. The Company will not be held responsible or liable for any of the User content provided by You on the Company website or social media channels. You must not attempt to avoid or undermine any protections that the Company may put in place for the security and operation of any website. You hereby explicitly consent and grant permission to the Company to record, make videos, audio/sound recordings, take screenshots during the classes/ lectures that are conducted by the Company on its Platform to the extent required to improve the services offered by the Company. You and your child undertake to use the Company’s platform and intellectual property for only the purposes envisaged in the instant terms and shall not use the same for any unauthorized or unlawful purpose. Should you and your child use the Company’s platform or intellectual property with any third party’s intellectual property in any manner, then you and your child will be solely responsible to obtain all necessary permissions, authorizations and licenses from the said third party. In the event you and your child use the Company’s platform and intellectual property beyond the limited rights granted to you and your child under these terms, then you and your child shall be solely responsible for the same and shall indemnify the company for all losses, claims and damages in this regard.
- User Communication
This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMS or Whatsapp messages from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters either by unsubscribing on the Website itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to [email protected].
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
- Rule of Conduction
Users must comply with the laws that apply to You in the location that You access Company’s Services from. If any laws applicable to You restrict or prohibit You from using Services of Company, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of Company. You promise that all the information You provide to Company on accessing and/or using the Services of Company is and shall remain true, accurate and complete at all times. Notwithstanding any other provision of these Terms You agree and undertake not to:
- Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
- Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
- Create software which mimics any data or functionality in the Service;
- Use or deal in the Service except as permitted by these Terms;
- Include contact details intended to enable communication outside of the Service, in any Communication; The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users, and You expressly consent to Company’s monitoring your computer’s random access memory for the purpose of identifying said unauthorized third-party programs.
- Limited Liability
You are held personally liable for any violation of a third party’s rights by You and your Child. You agree to reimburse Company for all damages resulting from the culpable non-observance of the obligations of these Terms. You release the Company from all eligible claims that other users or third parties may file against Company due to a violation of their rights by content posted by the user or due to a violation of other obligations. You shall assume the costs of Company legal defense, including all court and legal fees. Company ensures that the information and the training facilitated by the tutors on the Platform is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information and coaching given by the tutors on the Platform. You agree and understand that the Company does not state or claim any warranty for the quality of lectures delivered by the tutors listed on our Platform. In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the website or platform or any content provided on or through the Platform. The Company does not warrant that the operation of the Service will be uninterrupted or error-free. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of Company including Internet outages, communications outages, fire, flood, war or act of God. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law. You agree that in relation to your use of the Service You will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call Company or the Service into disrepute. You agree that You are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.
Without limiting any other rights that Company may have, Company may remove, restrict, cancel or suspend classes and access to our courseware and access to the platform provided by the Company and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms. You may also terminate your agreement with the Company by ceasing to access the Website, Platform, classes, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
- Government Laws and Jurisdiction
Any dispute or difference either in interpretation or otherwise, of the Terms and other Policies on the Platform, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The Terms shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts in Delhi shall have exclusive jurisdiction.
- Entire Agreement
If you have any questions about these Terms, please contact us by email at [email protected]