Terms of Service
Vah Vah Institute Pvt Ltd (“Vah Vah”) is the owner of the brand Vah Vah!®, Vah Vah! Makeup App, Vah Vah! Teacher App and the websites www.vahvah.com & www.vahvah.biz and www.vahvah.in. You must carefully read and understand these terms and conditions before downloading, installing and using the mobile application, browsing any of the websites or the web version of our platform/software or any version available on any mode or medium in the future (collectively called “Platform”). These Terms of Service, the Privacy Policy as well as Community Guidelines and all other applicable laws and regulations, (together “Legal Terms” or “Terms”) govern Your access and use of the Platform, irrespective of whether you are a registered user or a visitor (which means that you simply browse the platform without limitation, through mobile or other devices like computer, or otherwise use the Platform without being registered).
By using or accessing or downloading the Platform to view content by You, You agree to be bound by these terms.
General
- Vah Vah is a vocational education platform and includes mobile apps and desktop application or software technology that allows you to join classes, watch educational content, interact with other students, view, create and share content (“Content”).
- For the purpose of this Agreement any reference to Vah Vah shall include its affiliates, subsidiaries, parent company, and sister concerns.
- The terminologies "You", "Your", "User" and "Users" shall be read in context and shall refer to you.
- This Terms of Service, as well as the Privacy Policy, Community Guidelines and other applicable laws and regulations, govern Your access and use of the Platform, irrespective of whether you are a registered User or a visitor (which means that you simply browse the Platform without limitation, through a computer device or mobile or other device, or otherwise use the Platform without being registered).
- Vah Vah hereby grants You a non-exclusive, non-transferable and limited license to access and use the Platform on computer, mobile phones, tablets, portable internet devices, or any other technology/modes/media that may be developed in future.
- By accessing and/or using the Platform and/or creating a User profile account on the Platform (an “Account”), you are deemed to have read, accepted, executed and be bound by these terms of this Legal Terms.
Definitions
- “Confidential Information” shall mean any information, including but not limited to processes, methods, systems, business information, technological information, and sales information, client information, which is deemed confidential by Vah Vah, and is disclosed to the User in any manner.
- “Intellectual Property” refers to any invention, creation, work, algorithm, source code, object code or other code, design, confidential information, product and so on which have been acquired, or is in the process of being acquired, or is capable of being acquired as patent, copyright, trademark, trade secret, or any other type of Intellectual Property.
- "Content" refers to any and all material/works displayed, including but not limited to videos, images, comments and advertisements.
Acceptance of Terms & Eligibility
Acceptance of Terms
- By registering for and/or using the Platform or Service in any manner, including but not limited to downloading, installing, visiting or browsing the Platform, You agree to all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Platform by Vah Vah, each of which is incorporated by reference and each of which may be updated by Vah Vah from time to time without notice to You in accordance with the terms set out under Clause 22 “Modification of Terms” below.
- In case of an organization, company or branch of government, You represent and warrant that You have the authority to legally bind Your company or organization and Your company or organization will be bound by the obligations and restrictions of these terms. Any and all references herein to 'You' or 'Your' will include Your company or organization.
- This Agreement applies to all users of the Platform, including, without limitation, Users who are contributors of content, information, and other materials or Services on the Platform, individual Users of the Platform, venues that access the Platform, and Users that have a page on the Platform.
- In addition, some Services offered through the Platform may be subject to additional terms and conditions specified by Vah Vah from time to time; Your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Eligibility
- Use and access to the Platform is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. If You are a minor, i.e., under the age of 18 years, You shall not register as a User of the Platform and shall not access or use the Platform. As a minor if You wish to access or use the Platform, such access or use may be made by Your legal guardian or parents.
- Your account has not been previously disabled for breach of our Terms or Policies or Standards; and
- You will comply with these Terms and all applicable domestic and international laws and regulations
Your Account, User Information & Paid Courses
- Your Account & User Information: You understand that You will be able to create Content on the Platform only after completing the required login process, get admission and that you will not get access to the tools by only downloading the Platform. You agree that the information provided by you to create an account on the Platform is legal, valid, accurate, up-to-date and belongs solely to you and can be authenticated by Vah Vah. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
- You agree that you are solely responsible for the activity that occurs under your account. Please keep your account password confidential and use such an account for strictly personal purposes only.
- We reserve the right to disable your user account, and remove or disable any content you upload or share, at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Platform or infringe or violate any third party rights, or violate any applicable laws or regulations. Contact us at info@vahvah.com with your truthful, clear and valid reason for such appeal.
- Paid Courses: We may offer certain optional paid Courses or Services based on the User’s acceptance of these and other appropriate terms and conditions. Upon User acceptance, We reserve the right to charge subscription and /or membership fees based on the specific optional Service selected by the User. When you purchase a course or subscription, you must provide us with complete and accurate payment and other information required by the payment gateway provider/ payment system processor. By submitting payment details, you promise that you are entitled to purchase a course or subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription-based Service on the Platform. We use third party payment gateway and payment system providers services for receiving payment from Users for its subscription-based Services.
Our Ownership and Rights
You hereby agree, undertake and confirm that all rights, title and interests in the Platform are retained by Vah Vah and that this Agreement only licenses Your use of the Platform subject to the terms and conditions of this Agreement. You hereby confirm that this Agreement does not amount to the transfer of any proprietary property by Vah Vah to You, and that all right, title, and interest in the property continues to vest with Vah Vah.
Vah Vah provides you with the license to use the Platform for free for your personal enjoyment, self-expression, and the possibility of public exposure. In return for the license granted to you herein, you acknowledge and agree that Vah Vah may generate revenues, increase goodwill, or otherwise increase its value, from your use of the Platform and any User Content you upload thereto, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, marketing including content marketing and promotional partnerships off the Platform on any other media and usage data, and you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that you have no right to receive any income or other consideration from any User Content that you upload, or the use thereof by Vah Vah and/or other Users as described herein, and that you are prohibited from exercising any rights to monetize or obtain consideration from any User Content uploaded by you or any other User onto the Platform.
Your License and Use of the Platform/Services
Subject to the Terms Vah Vah hereby grants You only a limited, non-transferable, non-exclusive, revocable license to make personal and non-commercial use of the Platform.
Services offered by Vah Vah through the Platform, may require prior registration by the User. To gain access to the Platform, You will be required to create an account by completing the registration process. As part of such a registration process, You will be required to provide Us with current, complete and accurate information pertaining to such details as prompted by the applicable registration form. You will also be required to choose a unique password and a username, which shall be entered by You every time You wish to gain access to the said Platform. You shall not be entitled to gain, and shall not facilitate, access to the Platform through a single account and password, by multiple users on a network. You agree and understand that We do not permit any part of the Platform being cached in proxy servers. You are entirely responsible for maintaining the confidentiality of Your password and account. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. When creating an account, you must provide accurate information about yourself and create only one account for strictly personal purposes.
You shall not share your account information and password with others or use anyone else’s account. You are entirely responsible for any and all activities that occur under Your account. You agree to notify Us immediately of any unauthorized use of Your account or any other breach of security. In such an event, we shall do Our best to help you recover your account; however, we cannot guarantee that Your account will be restored or the content contained therein will be recovered. We will not be liable for any loss that You may incur as a result of unauthorized use of Your password or account. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
Your access to and use of the Platform is subject to these Terms and all applicable laws and regulations. You may not:
- access or use the Platform if you are not fully able and legally competent to agree to these Terms;
- carry out any activity during the access or use of our Platform which is unlawful, misleading, discriminatory or fraudulent in any way.
- make unauthorized copies modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Platform or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Platform or any derivative works thereof;
- distribute, license, transfer, or sell, in whole or in part, any of the Platform or any derivative works thereof;
- market, rent or lease the Platform for a fee or charge, or use the Platform to advertise or perform any commercial solicitation;
- use the Platform, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
- interfere with or attempt to interfere with the proper working of the Platform, disrupt our website or any networks connected to the Platform, or bypass any measures we may use to prevent or restrict access to the Platform;
- incorporate the Platform or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Platform in our sole discretion;
- use automated scripts to collect information from or otherwise interact with the Platform;
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Platform;
- intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- use the Platform in a manner that may create a conflict of interest or undermine the purposes of the Platform, such as trading reviews with other Users or writing or soliciting fake reviews;
- use the Platform to upload, transmit, distribute, store or otherwise make available in any way:
- files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation.
- any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
- any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
- any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
- any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
- any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
- any material that contains a threat of any kind, including threats of physical violence;
- any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
- any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
Removal of Content By Vah Vah / Imposition of Ban on a User Profile:
In addition to the above, your access to and use of the Platform must, at all times, be compliant with Our Community Guidelines.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Platform or our users. Our automated systems analyse your content to provide you with personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
Your usage of our Platform is governed by the Terms and Community Guidelines. If any of our users report your content which violates the Terms and Community Guidelines, we may remove such content from our Platform. In the event that multiple reports are made regarding violation of the Terms and Community Guidelines, we may be compelled to terminate your account with us and block you from registering with us. If you wish to appeal any such removal, you may write to us at info@vahvah.com
The Platform is licensed, not sold, to You, even after installation on Your devices. Vah Vah may assign this License Agreement or any part of it without restrictions. You are not allowed to assign, transfer or sub-license Your rights under this license, to any third party.
Content: Our Content & User-Generated Content
Users of the Platform may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Platform including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise ( collectively “User Content”). Users of the Platform may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Platform may also overlay music, graphics, stickers, and other elements provided by Service onto this User Content and transmit this User Content through the Platform. The views expressed by other users on the Platform do not represent our views or values.
You understand that you are the owner and responsible for User Content that you post, upload, transmit, share or otherwise make available on, through or in connection with the Platform. You agree not to use the Platform to take any action that could harm us or anyone else, interfere with the Platform, or use the Platform in a manner that violates any applicable law. You warrant that the User Content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any third party or individual and does not contain any obscene or offensive material. As a condition of your access to and use of the Platform, you agree not to use the Platform to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights. For use of any third party's intellectual property, You may need to get permission directly from the owner of the intellectual property.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Platform or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Platform, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Platform, to transmit it from the Platform to other third-party platforms, and/or adopt any third-party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Platform unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Platform.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any user-generated Content or endorse any opinions expressed thereof. You understand that by using the Platform, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content.
You shall not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation, or use the Platform for any illegal or unauthorized purpose.
You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content.
By accepting the terms and conditions, you accept that you provide us with content, or view content provided by others, you are doing so at your own discretion and risk including accuracy, completeness of this content. Vah Vah possesses all the rights to action takedown or ban the content that violates our Terms.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Platform or our users. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
Intellectual Property Rights and License
Your use of the Platform is, and at all times shall be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret and use of intellectual property. You shall abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your use of the Platform through Your device. As a condition of your access to and use of the Platform, you agree not to use the Platform to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights. For use of any third party's intellectual property, You may need to get permission directly from the owner of the intellectual property.
Our IP: All trademarks, brands and service marks of the Platform are the property of or licensed to Vah Vah. Vah Vah owns all of the copyrights and databases in relation to the Platform. The content included on this website, including, but not limited to the Vah Vah reports, text, graphics, logos, icons, and images is the exclusive property of Vah Vah and other respective owners that have granted Vah Vah the right and license to use such property and is protected by Indian copyright laws. All trademarks, service marks, and trade names are proprietary to Vah Vah or other respective owners that have granted Vah Vah the right and license to use such marks. The Platform and any underlying technology or software used in connection with the Platform may contain rights of Vah Vah or its business associates, affiliates or any third party. The Platform is licensed, not sold, to You, even after installation on Your devices. Vah Vah may assign this license agreement or any part of it without restrictions. You are not allowed to assign, transfer or sub-license Your rights under this license, to any third party.
Any intellectual property which is not specifically mentioned to be owned by Vah Vah is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off. You shall not download or encourage others to download copyrighted works, trademarks, or other proprietary information without obtaining the prior written consent of the owner/exclusive licensee of the Intellectual Property. In the event of infringement, Vah Vah may at its own discretion or as required by law take necessary steps to remedy the same.
You continue to own your Content and grant us license of the Content which You may upload, post or transmit (such as via a stream) or otherwise make available content through the Platform including, without limitation, any text, photographs, videos, sound recordings. You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Platform, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, adapt, of, publish and/or transmit, and/or distribute and to authorize other users of the Platform and other third parties to view, access, use, download, adapt, of, publish and/or transmit your User Content in any format and on any platform.
You hereby grant Vah Vah a worldwide, royalty-free, perpetual, non-exclusive, irrevocable, non-transferable, assignable, sublicensable, right and license to access, make personal use of the Content and unlimited license to make copies of, reproduce, adapt, make derivative works of, commercially exploit, communicate to the public, broadcast, and make available Your Content and the Content made available by You on the Platform. You understand and agree that Vah Vah may exercise these rights on the Content on the Platform or on other platforms, applications, social media pages or any other device or display/communication means under its control. You further, agree and accept that we may use Your Content, on any third-party platform in any manner not expressly permitted hereunder, we need no explicit permission or consent from You, for sharing and broadcasting Your Content and other materials on various third-party platforms including but not limited to social media channels and other third-party sites and services, including, for example, Instagram, Facebook, YouTube, Twitter any third-party Platform such as media channels etc. We are also not responsible for putting you in touch with any third-party owner for the above-mentioned purposes. You represent that You are authorized to grant these rights to Vah Vah in accordance with this Agreement and policies of this Platform, and all applicable laws and regulations. You acknowledge, confirm and agree that all Intellectual Property rights in the Content You post vests with You or You have a valid license to post, display, reproduce, make copies, broadcast, communicate to the public such Content on the Platform.
Content Distribution: You understand and agree that Vah Vah has an exclusive, worldwide, royalty-free, perpetual, unlimited and unrestricted license to make copies of, communicate to the public, broadcast, and make available your Content and the Content made available by You on the Platform and off the Platform (via third party platforms/media) for both commercial and non-commercial purposes. You understand and agree that the licensing rights granted to Vah Vah extend to the intellectual property rights (including but not limited to copyright, trademark, designs and patent) subsisting in the content created by You on the Platform.
Your content remains yours, which means that you retain any intellectual property rights that you have in your content.
You understand and agree that Vah Vah reserves the right to distribute the User Content to its business associates, affiliates, third parties and to any other entity(ies) that it deems necessary at its own discretion.
By posting Content on the Platform, You confirm that You are the owner of all Content and underlying works contained therein, or are authorised by the owner to make the Content available through the Platform.
Confidentiality
You hereby agree that You shall not disclose any confidential information to any third party about the Platform or Vah Vah which You have come into possession of by virtue of downloading, installing, accessing or using the Platform, or in any other manner. You also agree that in any event, if such confidential information is disclosed by You in violation of this Agreement, Vah Vah may, on its own sole discretion, terminate this Agreement by deleting Your Account(s), without any notice to You, or to take any other legal measure which is considered reasonable and legitimate.
In the event You are aware that the confidential information is passed to any third party, You shall immediately inform Vah Vah regarding the same.
User’s Obligations/Rules and Regulations
The Platform, Platform content and any User Content belonging to another User may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services, functionalities and/or features made available to Users of the Platform, or without the express prior written consent of Vah Vah, the applicable User, and/or the applicable third-party owner thereof, in each instance.
As a condition of use, You promise not to use the Platform for any purpose that is prohibited by this Agreement. You are responsible for all of Your activity in connection with the Platform.
You agree, undertake and confirm that You are only permitted to use the Platform for accessing Content and for sharing Content created by You or Content which You are authorised to post on the Platform.
You hereby acknowledge and concede that the use, access and availing the facilities of the Platform shall be governed by the Terms of Service, Privacy Policy and Community Guidelines of Vah Vah and You shall act in accordance with the said documents.
Additionally, You shall abide by all applicable laws and regulations and if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
You will not host, display, upload, modify, publish, transmit, store, update or share any content that:
i. belongs to another person and to which the user does not have any right;
ii. is defamatory, obscene, pornographic, podophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
iii. is harmful to children ;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
vii. impersonates another person;
viii. threatens the unity, integrity, defense, 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 other nation;
ix. contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
x. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
xi. is in any manner, likely to adversely affect Vah Vah’s business interests;
xii. in any manner damages or degrades the Platform or cause impairment of the performance, availability or accessibility of the Platform;
xiii. depicts advertisement, promotions or solicitations of business or solicits Users or any other form of solicitation;
xiv. posts or transmits any communication or solicitation designed or intended to obtain the password, account, sensitive personal information or any other personal information from any other User;
xv. hack or interfere with the Platform, its servers or any connected networks
xvi. posts or transmits spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements and; and
xvii. displays news/current affairs content.
You shall not indulge in any of the following prohibited activities –
i. You shall not illegally download/save the content accessed through the Platform at any given time, or circumvent any technological measures employed by Vah Vah to prevent unauthorized access to or copying of content or any part of the Platform.
ii. You shall not alter or modify any part of the Platform and/or use the Platform for any illegal purpose.
iii. You shall not reformat or frame any portion of any web page that is part of the Platform.
iv. You shall not collect or harvest or attempt to collect sensitive personal data, personal information or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
v. You shall not deliberately impersonate another person, whether real or imaginary or otherwise misrepresent Your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person or impersonating other Users or otherwise faking Your identity.
vi. You shall not rent, sell or transfer or lease or offer to sell or transfer access to the Platform and/or any Vah Vah account or permit any third parties to use Your name and password, or any Content on the Platform.
vii. You shall not resell or commercially use the Platform or any of its content or download or copy account information for the benefit of Yourself or any third-party. The Platform is for personal use only and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
viii. You shall not authorize any third party to use Your account.
ix. You shall not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation; or use the Platform for any illegal or unauthorized purpose; You agree to comply with all local laws applicable to Your conduct and the content and information, including hyperlinks, that You upload, store, share or transmit using the Platform.
x. You shall not alter or remove, attempt to alter or remove any trademark, copyright or other proprietary or legal notices contained in, or appearing on the Platform or on any Content appearing on the Platform. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, music, text, page layout, or form) of Vah Vah and Our affiliates or other Users. You may not use any meta-tags or any other "hidden text" utilizing Vah Vah's name or trademarks without the express written consent of Vah Vah. You may not use any Vah Vah logo or other proprietary graphic or trademark as part of the link without Vah Vah's advance express written permission. Any unauthorized use terminates the permission or license granted by Vah Vah.
xi. You shall not employ scraping or similar techniques to aggregate, repurpose, adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit the content except via the features provided in the Platform.
xii. You shall not permit any third party to copy or adapt the object code of the Platform, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to the content or Platform.
xiii. You shall not transmit any viruses, worms, defects, Trojan horse, cancelbots, spyware, other items of a contaminating or destructive nature, adware, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, harmful code, flood pings, malware, bot, time bomb, worm, or another harmful or malicious component, which might overburden, impair or disrupt the Platform or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform.
xiv. You shall not stalk, exploit, threaten, abuse or otherwise harass another User, or any Vah Vah employees and/or affiliates.
xv. You shall not violate, circumvent or attempt to violate or circumvent any data security measures employed by Vah Vah; access or attempt to access data or materials which are not intended for Your use; log into, or attempt to log into an account which You are not authorized to access; attempt to scan or test the vulnerability of Vah Vah's server, system or network or attempt to breach Vah Vah's data security or authentication procedures and;
xvi. You shall not use any robot, spider, offline readers, site search and/or retrieval application, or other device to retrieve or index any portion of the Platform, with the exception of public search engines; use any robot, spider, scraper or other automated means to access, analyze or copy the Platform and/or information (whether Our information or other User's information).
10.7 You shall strictly abide by the Community Guidelines and the Privacy Policy at https://vahvah.com/privacy-policy
Representations and Warranties
OTHER THAN AS EXPRESSLY STATED IN THIS TERMS OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND VAH VAH DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
The content accessible by You through Your use of the Platform includes materials that belong to third parties. You acknowledge that Vah Vah assumes no responsibility for such Content. You understand that You may encounter offensive, indecent, or other objectionable content while using the Platform 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 Platform, and that the recipient may use such information to harass or injure You. Vah Vah does not approve of such unauthorized use, but by using the Platform You acknowledge and agree that Vah Vah is not responsible for any such illegitimate use of any personal information so obtained by others.
Vah Vah makes no representations or guarantee that the Platform will be free from loss, destruction, damage, any unauthorized access to or use of Vah Vah's secure servers and/or any and all personal information and/or financial information stored therein, corruption, attack, any interruption or cessation of transmission to or from the Platform, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any of the Content accessible via the Platform.
Vah Vah makes no guarantees, representations, or warranties that Content accessible through the Platform by the User or the links provided by third parties will be free of viruses or similar contamination or destructive features. You agree that You assume all risk as to the quality and performance of the Platform and the accuracy and completeness of the Content.
Vah Vah does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the use of the Platform or any hyperlinked services or featured in any banner or other advertising, and Vah Vah will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You should use best judgment and exercise caution, interference, personal injury or property damage, of any nature whatsoever, resulting from the access to and use of the Platform, hacking, or other security intrusion by You, and Vah Vah disclaims any liability relating thereto.
Vah Vah makes no guarantees, representations, or warranties that use or results of the Platform will be accurate, timely, reliable, uninterrupted, or without errors. Without prior notice, Vah Vah may modify, suspend, or discontinue any part or all of the Platform or Your use of the Platform. In such an event, Vah Vah will not be liable to You or any third party.
Advertisements & Third-Party Content
The Platform may provide access to third-party content and/or websites that are not owned or controlled by Vah Vah.
You hereby agree, undertake and confirm to receive advertisements through use of this Platform.
The Platform may provide access to third-party games, quizzes, and other such activities requiring skill, for which prizes may be awarded by the concerned third-party. Vah Vah does not own or control these third-party games or other activities, and does not control or undertake any liability for declaring results or awarding prizes.
Vah Vah is not responsible for any third-party content, including but not limited to texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork or applications, services, advertisements, and/or links that may be contained in the Platform.
If You have any complaints or concerns regarding third-party content or third-party activities on the Platform, You agree to report your complaints through the Grievance redressal mechanism mentioned in the Mechanism for filing Complaints. You further agree and acknowledge that Vah Vah will handle Your complaints in accordance with its grievance redressal mechanism and the applicable law.
You shall not copy reproduce, republish, upload, post, publicly display, encode, translate, transmit, download or distribute the Platform or any Content in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise. Vah Vah shall have all the rights to take necessary action and claim damages in case of any violation. Such action may also involve terminating Your permission to use the Platform by deleting Your Account.
You may use general information about the Platform expressly permitted, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such Content only for Your personal, non-commercial informational purpose unless agreed otherwise through an agreement and do not copy or post such Content on any networked computer or broadcast it in any media, (3) make no modifications to any such Content, and (4) do not make any additional representations or warranties relating to such documents.
Use of Platform
You agree and acknowledge that Vah Vah and the Platform is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Platform. Accordingly, the contract of sale of products on the Platform shall be strictly directly only between You and the sellers/ merchants on the Platform.
You may not use any products available on the Platform for any illegal or unauthorized purpose;
Any fraudulent use of this Platform or applicable payment method to purchase the products from the Platform, which causes any monetary loss to Vah Vah as a result of Your action/inaction shall be recovered from You. Without prejudice to the above, Vah Vah reserves the right to initiate legal proceedings against You for the fraudulent use of this Platform and/ or the Platform or for any other unlawful act or omission in breach of these Terms;
That images and pictorial representations on the Platform may be enhanced for advertising purposes;
That You shall be responsible for checking the Content, product description and other related information; and
Your contract is with sellers/ merchants on the Platform and you confirm that the product(s) ordered by you are purchased for your internal/personal purpose and not for resale or business purposes. You authorize Vah Vah to declare and provide a declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
Pricing
The prices of all courses mentioned are subject to change and may be higher or lower on the date of ordering. Once ordered, no additional fees will be collected nor any part refunded as the case may be.
Prices for Courses, Services and Products are described on our Platform and are incorporated into these Terms by reference. All prices are in Indian Rupees. Prices, Products and services offered may change in accordance with the brand guidelines or other terms and conditions applicable. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with the Seller to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Platform.
Vah Vah shall not be liable to You or any third- party for any defective and wrongly delivered Product. All deliveries where applicable shall be made on a best-efforts basis, and while Vah Vah will endeavor to deliver the Products on the dates intimated, the Platform disclaims any claims or liabilities arising from any delay in this regard. The Platform shall not be responsible for any delay in the delivery of the Products. the Platform shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.
Cancellation
A Student can opt to cancel the course before classes have begun either online or by calling our customer service and receive refund of advance paid if any after deducting the cost of any products that were shipped to the student. This is not applicable once the course has started unless explicitly stated on the course details page.
Vah Vah reserves the right to cancel any purchase if it suspects any fraudulent transaction by a Student or Customer or breaches the terms & conditions of using the website
Privacy
Vah Vah may collect some of Your personal information and data while accessing, availing and/or using the Platform. Such information collected is only attributed to the functionality of the Platform. You understand and accept that all the User information collected by Vah Vah may be shared and distributed with Vah Vah’s business associates (including but not limited to partners, advertisers, contractors, etc.) and affiliates. You may read Vah Vah's Privacy Policy by visiting the following link: https://vahvah.com/privacy-policy
Indemnity
You hereby agree to indemnify, defend and hold Vah Vah and its affiliates and their officers, directors and employees, harmless from and against any and all damages, liabilities, costs and expenses, including attorney’s fees and expenses, arising out of, incident to, or resulting directly or indirectly from Your use of the Platform. Notwithstanding its reasonable efforts, Vah Vah takes no responsibility or control for the Content accessed by You through the Platform.
No Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VAH VAH OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE PLATFORM AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF VAH VAH OR ITS AFFILIATES.
VAH VAH OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE FOR ANY DATA PROVIDED BY THE USER OR ANY VIOLATION OF THIRD-PARTY RIGHTS OF WHATSOEVER NATURE, ARISING OUT OF OR IN ANY MANNER RELATED TO THE USE OR INABILITY TO USE THE PLATFORM.
In no event shall Vah Vah's aggregate liability for all claims relating to the platform exceed ₹5000/-(rupees five thousand only). This limitation of liability is part of the basis of the relationship between You and Vah Vah and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if Vah Vah or its affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
Severability
If any provision in this Agreement becomes invalid or illegal or adjudged unenforceable, the provision shall be deemed to have been severed from this Agreement and the remaining provisions of this Agreement shall not, so far as possible, be affected by the severance.
Waiver
The failure of Vah Vah to enforce at any time any of the provisions of this Agreement shall not be construed to be a waiver of its right, power, privilege or remedy or as a waiver of any preceding or succeeding breach on Your part to this Agreement nor shall any single or partial exercise of any right power privilege or remedy preclude any other or further exercise of such or any other right power privilege or remedy provided in this Agreement all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to Vah Vah at law or in equity.
Force Majeure And Act of Third Parties
The performance of any part of this Terms of Service or other Policies by Vah Vah and its affiliates shall be excused on account of Force Majeure events (including but not limited to act of God, public enemy, epidemic, pandemic, revolt, strikes, riot, terrorist attack, fire, flood, war, typhoon and any regulation of the government or order of any competent statutory or judicial authority or of any government), or any other cause beyond the reasonable control of Vah Vah, or act of any third party beyond the control of Vah Vah including but not limited to hacking, data theft, unauthorized access to User account, impersonation, fraud, misrepresentation and so on.
Student / Visitor / Customer Acceptance
I hereby agree upon:
- To use vahvah.com site to transact for lawful purposes in compliance with all applicable laws and regulation.
- To provide authentic and true information in all instances and authorize Vah Vah to validate the information provided at any point to time and reject registration if any details are found to be untrue wholly or partly.
- To access the services made available on vahvah.com and to transact business at my own risk after using best and prudent judgement as a well-informed Customer.
- That the contact information provided is correct and proper in all respects.
- That the course descriptions have been carefully checked before purchasing and agree to be bound by the terms and conditions of sale.
- I hereby authorize and give consent to Vah Vah to send, either through itself or through any third party service provider, from time to time various information / alert / SMS/ other messages or calls or commercial communication and other services on the telephone numbers registered with Vah Vah, whether these numbers are registered with National Do Not Call Registry listed in Nation Customer preference register or not. I also confirm that by sending any of such messages / calls, I will not hold Vah Vah its third party service provider liable / institute complaint under the Telecom Commercial Communication Customer Preference (TRAI) Regulations, 2010 or such other applicable regulation including any amendment thereof, as may be applicable from time to time.
Obligations of Student / Visitor / Customer
I hereby unconditionally undertake not to use vahvah.com for:
- Disseminating any objectionable material, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or any unlawful activity.
- To transmit material that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- To gain unauthorized access to other computer network systems.
- Interfere with any other person's right to use or enjoyment of “The Site”.
- Breach applicable laws.
- Interfere or disrupt networks or web sites connected to “The Site”.
- Make, transmit or store electronic copies of materials protected by copyright without the permission of the owner.
- To post student review feedback in violation of this policy or right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and cause injury to any person or entity.
- To post comments containing libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
- Not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Student feedback submitted on vahvah.com.
- To be solely responsible for the content of any Student Feedback made and agree upon to indemnify Vah Vah for all claims resulting from such Student Feedback submitted.
Images & Media
Vah Vah has have made every effort to use and display only images, videos, course material and other media that it owns the copyright to or is available publicly under Creative Commons or similar deemed licenses. If you believe your work has been copied in way that constitues copyright infringement, please forward the following information to info@vahvah.com
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Student Reviews & Feedback
Student/Customer reviews, comments, feedback, postcards, suggestions, ideas, and other submissions submitted or offered on vahvah.com in connection with use of this Platform (collectively, the "Feedback") shall be and remain the property of Vah Vah. The "Feedback" made on the Platform shall constitute an assignment to Vah Vah of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the "Feedback" and Vah Vah shall have exclusive rights, titles and interests therein without being limited in any way for its use, commercial or otherwise, of the "Feedback".
Further Vah Vah will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any "Feedback" submitted for any purpose whatsoever, without restriction and without compensating Student / Customer in any way.
Vah Vah shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments.
Vah Vah reserves the right (but not the obligation) to monitor and edit or remove any Comments submitted to “The Site”.
Vah Vah does not take any responsibility or assume liability for any "Feedback" submitted by Students / Customers or any third party.
Copyright & Trademark Rights
The Student / Customer acknowledges that access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Vah Vah or any third party's intellectual property rights.
Vah Vah and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on the Platform
All rights, including copyright, on this Platform is owned by Vah Vah.
Any use of this Platform or its contents, including copying or storing it either in whole or part, is prohibited without the permission of Vah Vah.
The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Vah Vah, its affiliates, its partners or its suppliers / respective companies.
References on the Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information provided is solely for customer convenience and does not in any way constitute or imply Vah Vah endorsement, sponsorship or recommendation of the third party, information, product or service.
Vah Vah is not responsible for content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. Students / Customers deciding to link to any such third party websites, are doing entirely at their own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on the Platform (collectively, the "Promotional Material") are intended solely for customer convenience.
All software used in the Platform is the property of Vah Vah or its licensees and suppliers and protected by copyright laws.
The Contents and software in Vah Vah and its Website is to be used only as per its prescribed use. Any other use, including the reproduction, modification, distribution, transmission, republication, display, of the Contents on this Website is strictly prohibited.
All Contents are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by Vah Vah, one of its affiliates or by third parties who have licensed their materials to Vah Vah and are protected by copyright laws.
The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Platform is the exclusive property of Vah Vah and is also protected by copyright laws.
Credits for 3rd party media is here
Modification of This Agreement
You hereby agree, undertake and confirm that Vah Vah reserves the right to update, modify or suspend any part of this Agreement and/or Privacy Policy from time to time. Such revised Agreement and/or Privacy Policy shall be effective from the date of such update or modification or suspension. If You disagree with any of the changes to the Agreement, You can refrain from accessing or using the Platform by uninstalling the Platform. Your continued access or use or availing of the Platform following the changes in the Agreement and/ or the Policies (including Privacy Policy, Community guidelines) will indicate Your acceptance and acknowledgment of the changes and You hereby agree, undertake and confirm that You shall be bound by the revised Agreement and/or the Policies.
Governing Law
The Agreement shall be governed by the laws for the time being in force in the territory of India and the Courts in Bangalore alone shall have exclusive jurisdiction on the matters concerning this Agreement.
All disputes arising under or in relation to this Agreement may be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the Indian Arbitration and Conciliation Act, 1996 (the “Act”) the Parties shall approach the competent Court under the Act for appointment of the sole arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rule framed thereunder and the place/seat of Arbitration shall be Bangalore. The arbitration proceedings shall be conducted in English.
Notice
Notice is specifically given that Vah Vah is not responsible for the Content or Advertisements accessible through the Platform. Vah Vah reserves the right in its sole discretion to remove and/or disable access to Content claimed to infringe third-party rights and/or terminate the accounts of the Users of the Platform who may infringe upon the intellectual property or other rights of Vah Vah and/or other third parties.