PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE AND/OR PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS AND PRIVACY POLICY.

Please read these Terms of Service (“Agreement”) and Privacy Policy carefully before using the web site. Your use of the Web site is subject to your acceptance of this Agreement, and when you access, browse, or use this Web site, you accept, without limitation or qualification, the TOS Agreement as if you had signed it. 

Sangita Vidya Prakasini, LLP (“Company” or “SVP” or “We” or “Us” and their connotations) operates a website, www.thesvpacademy.com (“Website”) which is engaged in the service of providing training and coaching imparted by teachers and/or instructors and/or trainers and/or coaches and/or professors (“collectively referred to as “Teacher(s)”) in creative learning fields such as, without limitation, music, dance, painting, sculpting and to facilitate the sale, purchase, distribution, etc., of products and/or services related to and resulting from creative skills and art like, inter alia, handicraft, pottery, candles, ornaments (“Services”). SVP provides its service to users of the Web site (“you”), subject to the following Terms of Service (“TOS”), which may be updated by SVP from time to time without notice to you. Also, when using particular SVP services, you and SVP are subject to any posted guidelines or rules applicable to such services which may be posted from time to time.

These terms and conditions (“Terms”) describe the terms on which the Company grants users access to the Platform (hereinafter referred to as “Services”) and shall be read with the privacy policy available on Privacy Policy. Our Platform is primarily for both teachers and all the individuals who may enroll on the Platform with the intention to seek training from the Teachers, including a Child (“Students”). All Teachers shall be assumed to have the expertise in their chosen field of activity. Any User below the age of 18 years (“Child”) shall require parental consent to avail Services on the Platform. The Teachers, parents of the Child and end-users above 18 years of age are hereinafter referred to as “You” as per the context as may be applicable in these Terms. The term “Users” means anyone who uses the Platform and for the purposes of these Terms shall be read as You and/or Child.

By choosing to visit and/or avail any Services provided by Company, you agree to these Terms (as may be amended from time to time). Please read the following information carefully. If you are a parent or guardian and you provide your consent to your Child’s use of the Platform, you agree to be bound by these Terms in respect to their use of the Platform. By your continued access or use of the Platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and stop accessing the Services.

Description of Services

The Platform provides the information of the Teachers available, as listed by the Teachers on the Platform, who provide the training and tutoring services which end users would like to avail. We will provide you with the list of Teachers providing such training or tutoring services.You understand that the details listed on the Platform are provided by the Teachers and We are not responsible for any misrepresentation or quality of the services guaranteed by the respective Teachers.You understand that the details listed on the Platform are provided by the Teachers and We are not responsible for any misrepresentation or quality of the services guaranteed by the respective Teachers.

The Platform is open for all Teachers to register themselves and provide the details regarding their expertise in a particular field after We have determined whether a Teacher has a fair degree of competence, as represented by him/her and whether he/she is compatible and aligned with the requirements of the Platform. We reserve the right to not register any Teacher at our own discretion for any reason whatsoever. Before registering the Teachers, We shall exercise reasonable caution and prudence to evaluate the competence of the Teachers, however We shall not be responsible for any damage or deficiency of service due to or by any Teacher in the event he/she has misrepresented or inflated any facts about his/her credentials, competence, talent etc. Teachers shall also provide the updates regarding their achievements, new schedules, tips for learning etc. and the same will be added to your feed.

However, for accessing the Services, the Users and the Teacher may have to create an account and disclose (“Personal Information”) including, but not limited to, (i) name, e-mail ID, photograph, location and other contact information (ii) gender and other demographics (iii) email address of Child’s parent or guardian to acquire the parental consent.

Use of the Platform requires certain support system which should be available with the Users including but not limited to, connectivity should be greater than or equal to 30 MBPS i.e., download & upload speed, system processor with 2Gb free random-access memory, noise and echo cancellation headsets and speaker phones, full frequency (20 hertz to 20 kilohertz) earphones (around the ear headphones).

In case the User has accessed the Platform via a mobile phone, then it has to be a smartphone with at least 1Gb free random-access memory inclusive of all the other system requirements as mentioned above. We do not undertake that the Platform will function smoothly at all times using any particular hardware or connection.

License to Use

The Company hereby grants the Teachers the limited right to access, view and use the Platform for the purposes of accessing, viewing, and posting. Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Platform.

Further, the Company grants the Users, the limited right to access, view and use the Platform only for the purposes of accessing and viewing. Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Platform. This license is limited to personal and non-commercial uses by the Users. Any rights not expressly granted to You herein are reserved to Company.

Intellectual Property Rights

The Company 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 the curriculum taught, all texts, graphics, photos, illustrations, apps and logos). You shall not copy, download, publish, distribute or reproduce any of the information contained on this Platform or social media in any form without the prior written consent of the Company.

Linking

The Teacher may establish a link to one or more site(s) provided that:

• the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
• such linking is not for advertising or promotional purposes (unless We have expressly agreed to it);
• the link is not from any website which promotes any political or religious views, or promotes or depicts intolerance, hatred, discrimination, violence, pornography or illegal activity;
• the link does not falsely or misleadingly imply or suggest that We endorse, approve of or are associated with the linked website, its web pages or any of its contents; and
• framing of any site on any other website is not allowed and You must not provide access to the site or part of it under any other URL.

The Company may withdraw the Teacher’s right to link to any site without notice and at any time (acting in our sole discretion).

Where any site and/or application contains links to other websites, web pages, resources, or mobile services which are proprietary to third-parties, other users, advertisers or sponsors, such websites, web pages, resources and mobile services are provided for your information only and You access them at your own risk. The Company will not be held liable or responsible for the content or operation of third-party websites, web pages, resources or mobile services.

User Content

The Company offers the Teachers the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information. The Company reserves the right to remove any content at its discretion. The Company may record/archive such User generated content and may record the lessons imparted by the Teachers for, inter alia, internal quality monitoring and reference purposes.

Users may choose to write and post reviews on the Platform. We do not encourage the User to post any Personal Information on the Platform and the ill effects of such revelation shall be borne by the Users. However, You can request the Company via e-mails to delete any such information posted by you. For the purpose of verification, the Company will review and scrutinize such emails before responding.

The Teacher warrants and represents that its content, and the content of any website from which the Teacher includes a link to any site, or to which the Teacher posts 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 the Teacher;
• it prejudices any active or pending legal proceedings of which the Teacher is 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 the Teacher on the Company website or any social media account related to the Company. The User must not attempt to avoid or undermine any protections that the Company may put in place for the security and operation of any website.

All rights, ownership and intellectual property in the content created by the Teacher (“User Content”) on or by using the Platform shall vest in the Company. You hereby explicitly consent and transfer all such rights, ownership, and intellectual property in the User Content to the Company for a worldwide, exclusive, royalty-free and perpetual use. The Company shall have the sole and exclusive right to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display any/all such ‘User Content’.

If a Teacher is unable to provide a lesson or conduct any session due to any end user/student’s (i) inadequate hardware or bandwidth or (ii) inappropriate conduct, the Company generally will not provide a refund to the end user/student for that lesson or session. And if any end user/student feels that a Teacher’s conduct renders the lesson or session impossible, the end user/student should inform the Company about the same. All such situations, and any discussions concerning refunds stemming therefrom, will be handled on a case-by-case basis at the sole discretion of the Company. The prevention of sexual harassment policy of the Company formulated pursuant to the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 shall be applicable on all the Users

Rescheduling Policy

• Complimentary Reschedule: Each student is entitled to one complimentary reschedule per month, allowing flexibility without any additional charge.
• Additional Reschedules: Should a student need to reschedule more than once in a given month, a reschedule fee will apply. This fee will be 40% of the standard, non-discounted class rate.
• Advance Rescheduling: If a student knows in advance that they will need to reschedule a class (such as for a planned vacation or other foreseeable events) and notifies the academy at least one month prior, the reschedule will be accommodated without impacting the complimentary monthly reschedule. This policy is designed to respect the teacher’s time and allow for appropriate scheduling adjustments.
• Consecutive Week Reschedules: Rescheduling classes for two consecutive weeks is not permitted. This ensures consistent progress and minimizes disruption to the learning schedule.
• Notice Requirement: We strongly encourage reschedule requests to be made at least 72 hours before the scheduled class time. Requests made within this period may be subject to rejection based on the teacher’s availability.

This policy aims to balance the needs of our students with the commitment and schedule of our instructors, ensuring a fair and efficient learning environment for all.

Fee and Refund

The Company shall provide for an online fee payment mechanism via third party payment portals and processors. All fees shall be paid in advance as per the availability of plans from time to time and the Student shall be disallowed from attending any class unless an advance fee has been paid for the same. Any fee(s) paid shall be non-transferable in nature and any other person shall not be permitted to avail the classes on behalf of or in the place of the Student. . The Company, from time to time may introduce new methods of payment such as Buy Now Pay Later (BNPL) or any other facility through third party agencies. The Student may use such facilities if s(he) finds merit in such a method. The Company does not take any responsibility towards the repayment of such loans to the third party agency. The Company also may offer these choices to the student and the student will ensure that s(he) understands the terms & conditions of such third parties agencies and takes a decision at his / her will. The company will not be held liable by the student or his family for any such payment decisions taken by him / her.

• Refunds are not typically provided for purchases made at SVP Academy. However, if a student believes there are valid reasons warranting a refund, they should communicate their request by emailing the academy at
  operations@thesvpacademy.com. The ultimate decision regarding the refund request rests with the Academy.
• SVP Academy reserves the right to raise prices at any time. Both current and new students enrolling in courses must pay the current prices in effect at the start of each renewal/enrollment.

All the refund queries will be addressed within 48-72 working hours. And the time line to credit the refund amount if any would be 5-7 business working days.

Promo Codes. In the event that the Platform issues promotional codes that allow discounted and/or free access to one or more classes (each, a “Promo Code”), such Promo Codes (a) may be revoked at any time by the company with or without notice to the Student, and (b) may be deemed to apply only to a specific Teacher at Our election with or without notice to the Student.

The Company at any stage may offer differential pricing to users at different Geographies and any such change will reflect on the website of the Company.

Group Classes

The Company will decide the number of students who could be a part of the group class and communicate to the student at the time of enrollment. A student who enrolls into a group class is subject to the following clauses:

• The schedule will be fixed according to the chosen batch during enrolment.
• The course duration is set and unalterable, if needed, the teacher shall conduct extra classes to cover the curriculum at an extra fee.
• If the student(s) are unable to attend the scheduled class with the assigned batch, they can access the class recording on their respective portals for the missed portion and subsequently address any queries with the teacher.
• In situations where a class is cancelled by the teacher for any reason, a substitute classe(s) shall be arranged, to ensure full curriculum coverage.
• The batch assignment is a mutual agreement, and while a change of batch is not guaranteed, it may be considered at the discretion of the management.
• The course is non-transferrable.

Add-on Classes

There is no concept of Add-on classes since the Academy works on a renewal basis where the student(s) has the freedom to learn the curriculum at their comfortable pace.

User Communication

The users hereby explicitly consent to receiving communication from the Company by email, telephone, WhatsApp or text message or through any method of communication prevalent for the purposes of providing alerts and information about our services.

Rule of Conduct

Users must comply with the laws that apply to You in the location that You access the Company’s Services from. If any laws applicable to You restrict or prohibit You from using the Services of the Company, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of the Company. You promise that all the information You provide to the Company on accessing and/or using the Services of the 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 Platform and 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 on the Platform;
• Create software which mimics any data or functionality on the Platform;
• Use the Platform or deal in the Service except as permitted by these Terms;
• Include contact details intended to enable communication outside of the Platform, in any Communication;
• Use your access to the Platform, or information gathered from it, for the sending of unsolicited bulk email;
• Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Platform without prior written permission of Company;
• Make the Platform or any part of it available to any third party (please note this does not stop you from fairly and honestly providing links to the Platform, or showing either to other people);
• Use or process the Platform or any part of them unfairly or for any illegal or immoral purpose; or
• Delete or obscure any copyright or other proprietary notice on the Platform.

The Platform 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 Platform, 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. The Student shall not capture pictures of the Teacher during an ongoing class without the Teacher’s explicit consent. The student hereby undertakes that he/she has read all applicable policies on the Company and has attended all the demo sessions before enrolling for any course.

Limited Liability

You are held personally liable for any violation of a third party’s rights by You. You agree to reimburse the Company for all damages resulting from the culpable non-observance of the obligations of these Terms. Users release the Company from all eligible claims that other Users or third parties may file against the 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 the Company’s legal defense including all court and legal fees. This condition does not apply if the Users are not responsible for the infringement.

The Company does not guarantee or warrant accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information given by the Teacher on the Platform.

You agree and understand that the Company does not state or claim any warranty for the quality of services delivered by the Teachers listed on our Platform and that the Company has trained the Teachers on a best effort basis. At any instance of interactive classes, if any Teacher uses any sexual or abusive language or depicts any forced sexual acts, or pornographic images, then in such cases, please immediately inform the Company at the contact provided below in Clause 20. The Company will make all efforts to take any and all necessary actions as per the applicable law. However, the Company explicitly disclaims any liability or responsibility in the event of such a circumstance. The Users shall maintain the sanctity of an educational and recreational environment and shall not indulge in the use of abusive language/signs or make any statements that shall be derogatory.

Company will not be held responsible for any unethical, illegal acts performed by the User on the advice of the Teacher and it shall be your responsibility to closely monitor the activities of your Child while taking the lectures. The Student and the Teacher shall refrain from divulging personal information about each other and the students shall connect with the Teachers only by the medium of the Company’s customer experience team’s support.

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 Platform or any content provided on or through the Platform.

The Company facilitates education and information on an “as is” basis and is liable only to provide its services with reasonable skill and care.

The Company shall not be liable for any and all claims in the aggregate, arising out of or related to your use of the Platform.

Any third party websites and online services accessible by the Users through a hyperlink provided on the Platform (“External Sites”) have not been verified or reviewed by the Company and all use and access of External Sites is made at your own risk. The Company gives no other warranty in connection with the Service and to the maximum extent permitted by law, Company excludes liability for:

• any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Company have been made aware of;
• the accuracy, currency or validity of information and material contained within any communications or the Service;
• any interruptions to or delays in updating the Platform;
• any incorrect or inaccurate information on the Platform;
• the infringement by any person of any copyright or other intellectual property rights of any third party through any communication or use of the Platform;
• the availability, quality, content or nature of External Sites;
• any transaction involving External Sites;
• any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Platform, or any Communication (save that, where digital content supplied to You by Company or on behalf of Company through the Service causes damage to your digital content or devices You may be entitled to compensation or repair or replacement, in which case kindly inform to Company); and
• all representations, warranties, conditions and other terms and conditions which but for this notice would have an effect

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 these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of the Company including Internet outages, communications outages, fire, flood, war or any 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 Platform 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 Platform 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.

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 and make cold calls in furtherance of our Services on the Platform, even when your mobile phone is on ‘Do Not Disturb’ mode. In the event of any dispute between the third-party and You, the Company shall not be held liable in any manner whatsoever.

Amendments to Terms

The Company retains the right to modify these Terms: (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by the Supreme Court, (c) because of technical necessity, (d) in order to maintain Company operations, (e) in the event of a change in market conditions, (f) for the benefit of the User.

No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. The Users will be informed of any amendments to the general Terms via the Platform or via notice by email or in writing.

Termination

Without limiting any other rights that the Company may have, the Company may remove, restrict, cancel or suspend access to and/or use of the Service and any part of it, if the 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 Service, 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

Indemnity

You agree to indemnify and hold us, Our contractors, and Our licensors, and respective directors, officers, employees and agents harmless from and against any all claims and expenses, including attorneys’ fees, arising out of your use of the Services and/or the Platform, including but not limited to the violation of these Terms by the You.

Severability

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.

Assignment

Any rights and licenses granted hereunder shall not be transferred or assigned by You but shall be assigned by the Company. Any attempted transfer or assignment in violation hereof shall be considered as null and void.

Waiver

No waiver of any terms of these Terms 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 these Terms shall not constitute a waiver of such right or provision.

Government Laws and Jurisdiction

These Terms shall be governed by and construed in accordance with the Arbitration and Conciliation Act 1996, or such similar laws of India, which are not in conflict with each other. Such shall be subjected to the exclusive jurisdiction of the competent courts of Kolkata, India.

Contact

If you have any questions or grievances regarding these Terms, please contact us by email or postal mail on the following address:

Company: SVP Academy LLP
Name: Grievance Officer
E-mail ID: grievance@thesvpacademy.com
Address: 39C, LTR, Kolkata-700029