Following Terms & Conditions regarding (a) use of our website fotonvr.com (“Website”), Use of our applications (“Application”) or any products or services in connection with the Application/, Website/products (“Services”) or (b) any modes of registrations or usage of products, including through SD cards, tablets VR headset or other storage/transmitting device are between Kachhua Solutions Private Limited (“Company/We/Us/Our”) and it’s users (“User/You/Your”).
These Terms are prepared as an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as rectified from time to time.
In case of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or products, the provisions of the Terms will be considered as final.
- All information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services, and products are the proprietary property of the Company. It is not allowed to copy, download, reproduce, modify, republish, upload, post, transmit or distribute without obtaining prior written permission from the Company and nothing on this Application or Website or Services shall be or products is considered as a license of or any other right, interest or title to or in any of the intellectual property rights that belong to the company, to the User. You may own the medium on which the information, content, or materials is stored, but the Company shall at all times retain full and complete title to the information, content, or materials and all intellectual property rights applied by the Company on such medium. You are not permitted to use any trademarks, copyright, logos, service marks, and other intellectual property of any third party that connected or use in our Application, Website, Services, or products.
- Your use of our products, Website, Application, and Services is solely for Your personal and non-commercial use. Any use of the Application, Website, Services or products or their contents other than for personal purposes is prohibited. Personal and non-commercial use of this Application, Website, products, and/or our Services is be subjected to the following restrictions
- It is prohibited to decompile, reverse engineer, or disassemble the contents of the Application and/or our Website and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and/or our Website and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and/or our Website and/or Services/products
- You will not (a) use this application and/or our Website and/or any of our product/s or Service/s for commercial purposes or (b) advertise or sell Application or any products, services (whether or not for profit) (c) solicit others (including, without limitation, solicitations for contributions or donations) (d) use any public forum for commercial purposes of any kind (e) use Application and/or Website/our products and Services in any way that is unlawful, or harms the Company/any other person or entity as determined by the Company.
- No User is permitted to perform any of the following prohibited activities while using our Services:
- Providing any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- Stalking, intimidating and/or harassing other and/or inciting others to commit violence
- Transmitting material that encourages anyone to commit a criminal offense, that results in civil liability or breaches any relevant laws, regulations or code of practice
- Interfering other person’s use or enjoyment of the Application/Website/Services
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights of anyone else.
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may collect any data or personal information about other Users.
- Access or use Application/Website/Services/products in any manner that could damage, disable, overburden or impair any of servers or the networks connected to any of the servers on which the application/Website is hosted;
- Intentionally or unintentionally interfere or disrupt the Services or violate any applicable laws related to the access to or use of the Application/Website/Services/products, or violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/Services/products, or engage in any activity that is prohibited by these Terms;
- Disrupt, interfere or harm the security of Application/Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Website/Services/products or any affiliated or linked sites;
- Interfere or prevent any user from using and enjoying access to the Application/Website/ Services/products, or other affiliated sites, or engage in disruptive attacks such as a denial of service attack on the Application/Website/Services/products;
- Use deep-links, page-scrape, robot, spider or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services/products, to access, acquire, copy or monitor any portion of the Application /Website/Services/products, or reproduce or circumvent the navigational structure or presentation of the Application, or any content, attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/products;
- Alter or modify any part of the Services;
- Use the Services for purposes that are not permitted by (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction;
- Violate any of the terms specified under the Terms for the use of the Application /Website/Services/products.
We have taken enough care while preparation of the Application / Website / Services / Products and contents therein, to offer the most current, correct, and clearly expressed information possible. However, errors may occur. In particular, but without limiting anything here, we are not responsible for any errors and accuracy of the information that may be contained in the Application. Any feedback from Users is most welcome to make the Application and contents thereof error-free and user friendly. The company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee for accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Our website may also include links to other websites to provide further information. We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without the Company’s prior written consent. Such information is provided on an as-Is basis and we assume no liability for the accuracy, completeness, or use or non-obsolescence of such information.
The contents of the Application/Services/products are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Application/Services/products is not endorsed as a substitution to the curriculum-based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. The Company acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Application/Services/products does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Application or usage of our Services/Website/products does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
Some parts of the Services are interactive, and we encourage contributions by users, which may or may not be subject to editorial control prior to being posted. The Company reserves the right at its sole discretion to remove, review, edit, or delete any content.
The Company may contact the User through SMS, email, Whatsapp and call, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User grants such permission to contact him/her through telephone, SMS, e-mail, Whatsapp and holds the company indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to our employees, associates, and partners so that you may be contacted for education information and promotions through telephone, SMS, email, Whatsapp, etc.
While the company may, based on the User’s confirmation, provides the demonstration of its products at the location chosen by the User, the User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the products and that User has relied solely on the investigations, examinations, and inspections as the User has chosen to make and that the Company has afforded the User the opportunity for full and complete investigations, examinations and inspections.
After registration through any means whatsoever, the Company may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services. The User expressly permits the Company to contact him/her and the student utilizing the Services, through the above-mentioned medium at any time after registration. Further, the Company shall have the right to monitor the download and usage of the Application/Services/products and the contents thereof by the User/student, to analyze such usage and discuss the same with the User/student to enable effective and efficient usage of the Services. The User expressly permits the Company to clear the doubts of the student using the Application/Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail on the express consent of the legal guardian/parent of the User or through any other medium.
While the Company has made efforts to train the personnel engaged in the sales and services relating to products to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behavior of any such personnel. Any feedback from Users relating to the same is most welcome and Company reserves the right and discretion to take any action in this regard.
Access to certain elements of the Services including doubt clearance, mentoring services, etc may be subject to separate terms, conditions, and fair usage policy. The Company reserves the right to determine the criteria for the provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Application/products or registrations do not automatically entitle the User to any and all elements of Services provided by the Company and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw, or modify any of Our Services at Our discretion.
The company may conduct competitions from time to time and you agree to allow the company to use the submissions by you including but not limited to videos, written content, craftwork, etc for promotional purposes. All rights will be reserved by the company for usage of such submissions by you. You additionally permit the company to use every kind of information submitted by you like photos, videos, etc. for promotional campaigns as it so pleases and you will cease to have any rights on the same once your submissions are made to the company.
The Company’s products and/or Services, including the Application and content, are compatible only with certain devices/tablets/instruments/hardware. The Company shall not be obligated to provide compatible products and/or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Company’s products and Services. The company reserves the right to upgrade the table/ type of compatible devices as required from time to time.
The Company shall have no responsibility for any loss or damage caused to the tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from your use of our products and Services.
You have to specify the shipping address at the time of purchase.All product(s) shall be delivered directly to the address as specified. You cannot change the shipping address after the order is processed under any circumstances.In case of any change in the address, You need to specify the same to us in writing well in advance to the shipping date. Any inconsistencies in name or address will result in non-delivery of the product(s).
(a) For return of product(s) damaged at the time of delivery, the shipping charges shall be borne by the Company. However, for return any of the product(s) for any other reasons, it shall be the responsibility of the User to arrange for the return of such cancelled product(s) and the shipping charges shall be borne by such User. (b)We request You not to accept any product package that seems to be tampered with, opened or damaged at the time of delivery. The products must be returned in the same condition as delivered by the Company. Any products returned showing signs of any use or damage in any manner shall not be accepted for return. (c)All requests for return of products have to be placed within 15 (fifteen) days from the date of delivery. Please note that no refunds shall be claimed or will be entertained post 15 (fifteen) days from the date of delivery.
You acknowledge that the Company is not the manufacturer of the instrument/medium/hardware and hence, any defect relating to the same shall be reported to the manufacturer whose details shall be specified on the packaging and the Company shall not be in any manner responsible for the same. The Company does not provide any guarantee or warranty relating to the instrument/medium/hardware.
You are responsible to maintain account information and all its activities confidential. You need to immediately notify the Company of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to the Company, for such period of time as we deem appropriate in the circumstances. The company will not be liable for any loss or damage arising from Your failure to comply with this provision.
Accessibility to use Your account is dependent upon external factors such as internet service providers and internet network availability. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to You for any damages arising from Your inability to log in to Your account and access the services of the Application due to your internet problem.
Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all Our products or Services. Minors should use Our products or Services, under the guidance of guardian or parents. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent from guardian or parents and terms of services are accepted by guardian or parents. The Company will not be responsible for any consequences that arise from misuse of any kind of Application or any of our products or services. By using the products or Services You warrant that all the data provided by You is accurate and complete and that the student using the Application has obtained the consent of the parent/legal guardian (in case of minors). The Company reserves the right to terminate your subscription and/or refuse to provide access to the products or services if it is found that minors are using products or services without the consent of a parent/legal guardian or any information provided by you/parent/legal guardian is inaccurate. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on the Application.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) Your use of and access of the Application/Website/Services; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.
In no event shall the Company, its officers, directors, employees, partners or agents be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of access, data or profits or any other claim arising out of, or in connection with, your use of, or access to, the Application.
In the event of Your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company, therefore, shall be entitled in such an event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.
Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Patan, Gujarat, and you hereby accept the jurisdiction of such courts.
The Company has the right to change, modify, suspend, or discontinue and/or eliminate any aspect(s), features, or functionality of the Application or the Services as it deems fit at any time without notice. Further, the Company has the right to change these terms from time to time without prior notice to you, so you should check this page to stay updated about the latest terms of services. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the Company shall not be liable to You or any third party for any modification, suspension, or discontinuance of the Application/Services. All prices are subject to change without notice.
- DISCLAIMER: THIS WEBSITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION/PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY, AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
- General Provisions:
- Notice: All notices served by the Company shall be provided via email to your account and registered email id from this email id email@example.com
- Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
- Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
- Relationship: You acknowledge that Your participation in the Application does not make You an employee or agency or partnership or joint venture or franchise of the Company.
- The Company provides these Terms so that You are aware of the terms that apply to your access to the Website/Application and Services. You acknowledge that the Company has given You a reasonable opportunity to review these Terms and that You have agreed to them before accessing our Website/Application and Services.
Any feedback You provide with respect to the Application shall be considered to be non-confidential. The Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that
- Your feedback does not contain confidential or proprietary information of You or of third parties
- You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances unless specified
- The company is not responsible in any manner for any content provided by other users even if such content is offensive, hurtful, or offensive. If you found such content then please report it immediately. Please exercise caution while accessing the Application.
- Customer Care:
We make all the best endeavors to provide You with a pleasant experience. In event that You face any issues, please contact us at firstname.lastname@example.org