Terms & Conditions

Terms of Use

Please read the terms of use carefully before availing services on this platform. Availing services through this platform signifies your acceptance of the terms of use and your agreement to be legally bound by the same.

If you do not agree with the terms of use, please refrain from using this platform and / or the services.

TERMS OF USE

1.     INTRODUCTION

1.1       The terms of use constitute an agreement (hereinafter referred to as the “Agreement”) between You and [JourneysWith.in] (“Company”, “Journeys”, “Our”, “We”, or “Us”), the operator of www.journeyswith.in (the “Website”) and related applications, services and mobile application (“Application”) provided by Journeys (hereinafter referred to collectively as “Journeys Platforms”). This Agreement shall govern your use of Services (defined below), both as a registered and / or non-registered user of the Journeys Platforms. The website is operated and owned by Journeys, having its registered office at [·].

1.2       By using or otherwise accessing the Services, and/or by registering with Journeys Platforms, You agree to the terms of this Agreement, including the information disclosed hereinbelow, and to be bound by the same. If you do not agree with the terms of this Agreement, you should refrain from using the Services. Your access to any Journeys Platform is also at the sole discretion of Journeys.

1.3       Journeys reserves the right to add, substitute, modify or terminate any service provided by Journeys from time to time. Such information shall be included in the terms and conditions as and when modified, and the burden is on you to keep yourself updated about such modifications. Your continued use of the Journeys Platform and/or the Services following such posting shall constitute your affirmative acknowledgement of acceptance of the Agreement, OR other applicable Agreement document, the modification, and your agreement to abide and be bound by the terms of the Agreement or any amendment made thereto.

1.4       It is Your sole burden to keep yourself updated with respect to changes in the Agreement and Privacy Policy. If at any time You choose not to accept these terms of use, including following any such modifications hereto, then You must stop accessing Journeys Platforms and using the Services.

1.5       You agree that Journeys will not be liable to You or any third party for any suspension or discontinuation of any of the Services or portion thereof.

 

2.     ELIGIBILITY

2.1       By using Journeys Platforms and/or the Services, You represent and warrant that You have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. 

2.2       If you violate any of the terms of this Agreement or Privacy Policy, or otherwise violate any agreement or contract entered into through the medium of the Website, Journeys may, delete your profile and any content or information posted by You on the Website and/or prohibit You from using or accessing the Website and the Content available on the Website at any time in its sole discretion, with or without notice.

2.3       You shall be solely responsible for all your acts conducted on the Website and you shall not hold Journeys responsible for any Content available on the Website or Journeys Platform.

 

3.     COMPLIANCE WITH LAW

This Agreement is in compliance with all the relevant Laws, rules and regulations at the time being in force, including but not limited to the Indian Contract Act, 1872; Information Technology Act, 2000; and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (hereinafter referred to as the “SPI Rules”), and the Information Technology (Intermediaries Guidelines) Rules, 2011 (hereinafter referred to as the “IG Rules”)

 

4.     DEFINITIONS

4.1  “Content” means text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services or on any of the Journeys Platforms.

4.2  “Services” means all those services provided on any of the Journeys Platforms; The Services made available by Journeys are subject to change at the sole discretion of Journeys.

4.3  “Site” means www.journeyswith.in

4.4  “Student(s)” shall include users who register on the Journeys Platforms who desires to obtain Services or benefits of the courses or contents made available by the Teachers/Creators on the Website

4.5  “Teacher/Creator(s)” shall include individual teachers who have entered into arrangements with Journeys and provide Content vide the Journeys Platform based on their expertise. 

4.6  “User” or “You”: means any person who accesses the Journeys Platforms or avails Services/products of the Company for the purpose of utilising the information, sharing, transacting, displaying or uploading information or other connected material and other persons jointly participating in the use of the Journeys Platforms for availing the Services or products offered by the Company.

4.7  “User Content” shall include the contents posted by Journeys on behalf of the User on Journeys Platforms along with the information provided by the User available for other Users on the Site.

5.     PRIVACY POLICY

5.1   In order to register, You must provide certain basic information about yourself which includes name, gender, phone number, email ID, etc. As per Journeys’ Privacy Policy, Journeys may use, share and maintain Your information, which may include without limitation Your name, address and contact information; billing information; and other information that is either requested by Journeys or voluntarily provided by You. By submitting such information, You authorize Journeys, its employees, consultants, partners and affiliates etc., operating on its behalf to use and/or disclose such information in accordance with relevant Laws. 

 

5.2   Journeys may disclose or transfer User Content information to its affiliates or governmental authorities in such manner as permitted or required by applicable laws, and You hereby consent to such transfer. If any of the User Content is found in violation of any law for the time being in force, Journeys will comply with any duly-issued government or court directions to disable access to such User Content and any other information posted by the User.

 

5.3   When the User provides his/her contact information viz. phone number, e-mail address, social media user name, Google Plus user name etc. (“Personal Information”), it is implied that Journeys is permitted to send any communications to them via using such communication portals. 

 

5.4   This clause is not exhaustive and is to be read along with the Privacy Policy made available to all the Users on the Journeys Platforms.

 

6.      CONTENT

6.1   The main Content that is created by Journeys is to satisfy the objective of Journeys and is to provide its Users with an experience based on the teachings and values of renowned members of the society who have an expertise in that given field of study or way of life. 

6.2   Journeys publishes information or Content provided by the User and the Teachers/ Creators during the course of providing the Services. The entire information provided by Journeys is on a “as is” or “as available” basis.

6.3   Journeys reserves the right to moderate the information posted as and when required. Journeys is not obliged to always act in a manner to give effect to the User’s feedbacks, complaints etc., except as specified under applicable laws in force.

6.4   All information posted by the User must comply with terms of this Agreement.

6.5   By posting information through the Services, You agree to and hereby do grant to Journeys and its contractors an irrevocable, perpetual, royalty-free, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such information and to adapt, translate, prepare derivative works of, or incorporate into other works, such information. This license is non-exclusive, except You agree that Journeys shall have the exclusive right to use this license to the extent of combining the information so posted with the information of other Journeys users for purposes of constructing or populating a searchable database of reviews and information related to the educational sector.

7.      USE OF JOURNEYS PLATFORMS

7.1   By Students: 

 i.    The Students may access the Journeys Platforms as provided by the Company as an individual  by registering/subscribing to such Services based on the terms of registration for the course or content provided by that Teacher/Creator. 

 ii.    The Students shall be required to make the necessary registration for the use of the Journeys Platforms and to avail the courses provided on the Journeys Platform. 

 iii.    The Students who desire to register shall submit information such as their name, details such as email id, mobile number and any other such information as required by the Journeys Platforms from time to time. 

 iv.    The Students having access to or utilising the Journeys Platforms shall be privy to the courses or content they had registered for and this shall not ensure the right to be privy to all other content or courses made available on the Journeys  Website and they shall responsibly use the Services and in accordance with the terms of this Agreement. 

 v.    The Students agree that they shall not make any undue use of the information available on the Journeys Platforms. 

vi.    The Students agree that the Company shall not be responsible for any unwarranted use of the information available on the Journeys Platforms.

vii.    The Students shall not commercially exploit the information available on the Journeys Platforms and shall strictly adhere to the terms of this Agreement.

7.2   By Teachers/Creators: 

i.    The Teachers/Creators shall be bound by the terms of the agreement entered into by them with the Company and shall abide by the terms and obligations as stated under such agreements. 

ii.    The Teachers understand that they shall be personally responsible and liable for the Content published by them and therefore will act responsibly while expressing their views or opinions which shall be uploaded on the Journeys Platform as content. 

 

8.      RESTRICTIONS ON USE 

8.1   Except as mentioned in this Agreement or any other agreement entered into with Journeys, 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 Journeys Platforms are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing contained on the Journeys Platforms shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. You may own the medium on which the information or content, or materials resides but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium. Further, You recognise and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any other User or third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective party. 

8.2   Your use of the Journeys Platforms is solely for Your personal and non-commercial use. Any use of the Journeys Platforms or its contents other than for personal purposes is prohibited. Your use of the Journeys Platforms shall be subject to the following restrictions;

a)    You may not decompile, reverse engineer, or disassemble the contents of Journeys Platforms or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or software obtained from the Journeys Platforms. 

b)    You will not (i) use this Journeys Platforms and/or any of our Services or products for commercial purposes of any kind, or (b) advertise or sell the Application or any products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind (iii) use the Website and/or Application and/or Services or products in any way that is unlawful, or harms the Company, any User or any other person or entity as determined by the Company. 

8.3   The User shall not host, display, upload, download, modify, publish, transmit, update or share any information that — 

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

b)    is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 

c)     harm minors in any way;  

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

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

f)     deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 

g)    impersonate another person;

h)    contains viruses, trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines, codes, files or such other programs that may harm the Website and/or Application services, interests or rights of other Users or limit the functionality of any computer software, hardware or telecommunications or that may harvest or collect any data or personal information about other Users without their consent; 

i)     threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;

j)      violates or attempts to violate the integrity of the security of  the Journeys Platforms;

8.4   User shall not use any of Journeys Platforms apart from the reasons provided for.

8.5   User shall not intentionally furnish any incomplete, false or inaccurate information.

8.6   User shall not make any unsolicited communications to other Users.

8.7   User shall not misuse the contents provided on the Journeys Platforms.

8.8   No User shall be permitted to: 

a)    Interfering with any other person’s use or enjoyment of the Services; 

b)    Making, transmitting or storing electronic copies of material protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property rights or making available any material that infringes the intellectual property rights or proprietary rights of anyone else; 

c)     Make available any content or material You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content; 

d)    Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;

e)    Access or use the Journeys Platforms in any manner that could damage, disable, overburden or impair any of the Journeys Platforms or the networks connected to any of the servers on which the Journeys Platforms is hosted; 

f)     Disrupt or interfere with the security of or otherwise cause harm to the Journeys Platforms, materials, systems resources or gain unauthorised access to User accounts, passwords, servers or networks connected to or accessible through the Journeys Platforms or any affiliated or linked sites; 

g)    Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Journeys Platforms, to access, acquire, copy or monitor any portion of the Journeys Platforms, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Journeys Platforms;

h)    Violate any of the terms specified under the Terms for the use of the Journeys Platforms.

9.      INFORMATION OR MATERIAL AVAILABLE ON JOURNEYS PLATFORMS

9.1   By submitting content on or through the Services (“Material”), You grant Us a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate Your Material with You, except as described below. You agree that others may use Your Material in the same way as any other content available through the Services. Other Users of the Services may tweak and repurpose your Material in accordance terms of this Agreement. If You delete your user account your Material and name may remain available through the Services and the Company can continue to use such Material without requiring your consent.

9.2   In the preparation of the Application/Website/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and inaccuracy of the information that may be contained in the Application. Any feedback from User is most welcome to make the Application and contents thereof error free and user friendly. 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 as to the 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.

9.3   Journeys Platforms provides Users with access to compiled Content and courses created by experts in the field. Such information is provided on an ‘As Is’ basis and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website or Application. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Journeys Platforms from another website or document without the Company’s prior written consent.

9.4   The contents of the  Journeys Platforms 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 Website/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.

9.5   Certain contents in the Website/Application/Services/Website/products (in particular relating to assistance in preparations for administrative services) may contain opinions and views. The Company shall not be responsible for such opinions or any claims resulting from them. Further, the Company makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.

9.6   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 accepts no responsibility or liability for any material communicated by Users or third parties in this way. The Company reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, We will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether We have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.

9.7   The Company may, based on any form of access to the Application (including free download/trials) or Services or Website or registrations through any source whatsoever, contact the User through SMS, email, 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 expressly grants such permission to contact him/her through telephone, SMS, e-mail 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, etc.

9.8   Access to certain elements of the Services including doubt clearance, online classes or webinars, etc may be subject to separate terms, conditions and fair usage policy. The Company reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, registration/subscription to the Website/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.

10.   REGISTRATION AND SUBSCRIPTIONS

10.1  The Users that desire to make available the services provided by the Company to their must make the required payments to the Company on terms set forth by the Company on the website and pursuant to the courses to be availed. 

10.2  Notwithstanding the above, at the Company’s sole discretion as it deems fit it may allow registrations from other Users  to gain access to the primary features of the Website/Application who desire to benefit from the Services provided by the Company. 

10.3  The Students who subscribe to the services provided on the Journeys Platforms shall be given access to the courses and the content available with regard to the courses that are subscribed to. 

10.4  All payment terms relating to registration or subscription of services provided to the Users by the Company through the Journeys Platforms shall be solely based on the discretion of the Company and may be amended from time to time. 

10.5  The Company may prescribes such additional conditions or alter the existing conditions for registration of any User from time to time as per its discretion. The Users are required to keep themselves updated on any change in the terms and conditions.

11.   ADVERTISEMENT

Journeys reserves the right to advertise on Journeys Platforms but does not endorse any services or products advertised. Users are advised to use their discretion with respect to advertisements.

12.   BREACH OF TERMS

12.1  In the event of Your breach of these Terms, You agree that the Company will be irreparably harmed and may not have adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain any other remedy as it deems fit in law. 

12.2  Any violation by You of the Terms may result in immediate suspension or termination of Your account on the Website/ Application 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 may also result in civil or criminal liability under the applicable laws.

12.3  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 Bangalore and You hereby accede to and accept the jurisdiction of such courts.

13.   DISCLAIMER

USE OF THE WEBSITE/APPLICATION IS AT YOUR OWN RISK. THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE/APPLICATION AND ANY THIRD-PARTY WEBSITES ARE PROVIDED ON “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE MATERIALS OR INFORMATION AVAILABLE THROUGH OUR WEBSITE/APPLICATION. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE/APPLICATION OR ANY INFORMATION THAT ARE AVAILABLE OR ADVERTISED THROUGH OUR WEBSITE/APPLICATION. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS WEBSITE/APPLICATION OR AVAILABLE THROUGH LINKS ON OUR WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR WEBSITE/APPLICATION. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE/APPLICATION DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR WEBSITE/APPLICATION AND ANY MATERIALS AVAILABLE THROUGH OUR WEBSITE/APPLICATION, YOU DO SO SOLELY AT YOUR OWN RISK.

OUR WEBSITE/APPLICATION MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIO VISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR WEBSITE/APPLICATION IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MATERIAL, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. IT SHALL BE YOUR SOLE RESPONSIBILITY TO ENSURE THAT THE SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS. 

 

14.   TERMINATION

14.1    Journeys reserves the right to suspend or terminate a User’s access to any of Journeys Platforms with or without notice and to exercise any other remedy available under law, in cases where:

a)      the User has committed breach of any Terms of Use under this Agreement.

b)      Journeys is not able to verify the authenticity of information provided the User.

c)      Journeys receives complaints from third parties against the User.

d)     Journeys has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of the User.

e)      The action of the User is contrary to the law in force

14.2    Upon termination, Journeys reserves the right to determine if it shall temporarily or permanently disable the Users profile. It is at the discretion of Journeys that the User may be allowed to re-register or allowed to use the same account. 

 

15.   INDEMNITY

15.1    User agrees to indemnify and hold harmless Journeys, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Journeys will notify You promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.

15.2    In no event, including but not limited to negligence, shall Journeys, or any of its directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the JourneysPlatforms or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost Users, even if  Journeys was advised of the possibility of such damages.

15.3    In no event shall the total aggregate liability of Journeys to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Journeys Platform or Services exceed, in the aggregate the registration fees paid by the User to avail the Content or course. 

 

16.   ASSIGNMENT

16.1    Journeys may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. 

16.2    You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

17.   WAIVER

No relaxation, forbearance or delay by Journeys in enforcing or exercising  any of the terms of this Agreement shall prejudice, affect or restrict the rights of Journeys, nor shall constitute a waiver by Journeys of any breach hereof operate as a waiver of any subsequent or continuing breach of any terms or conditions of this Agreement, unless in writing.

 

18.   SEVERABILITY

In the event that any provision, covenant or restriction contained in this Agreement is declared by any judicial or other competent authority to be invalid, void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the parties from any, relevant competent authority, the rest of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto are at the liberty to amend that provision, covenant or restriction in such reasonable manner as to achieve the intention of the Parties without illegality, or at the discretion of the Parties, such provision may be severed from this Agreement. Such a provision shall be deemed to have been in existence from the date of execution of this Agreement and the remaining provisions of this agreement will remain in full force and effect unless the Parties decide that the effect of such declaration is to defeat the original intention of the Parties.

19.   ENTIRE AGREEMENT

This Agreement constitutes the entire agreement and understanding between the Parties in respect of Confidential Information and supersedes all previous agreements, understandings and undertakings thereof, if any. 

20.   SUPPLEMENTARY AGREEMENT

The Parties acknowledge that this Agreement is to be read along with the Privacy Policy, or such other contract entered into between them. In case of any conflict, the provisions of this Agreement shall subsist and supersede over all such conflicting provisions of the other/ supplementary agreement.

 

21.   HEADINGS

The headings contained in this Agreement are for reference and convenience purposes only and shall not be solely taken into account for the purpose of interpreting any clauses or provisions that they relate to. They do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

22.   ARBITRATION

Any disputes or differences arising between the Parties with regard to any term of this Agreement may be referred to a sole arbitrator appointed by Journeys. The award given by the arbitrator shall be final and binding on the Parties. The place and venue of arbitration shall be Bangalore. The Arbitration shall be held in English language. The provisions of the Arbitration and Conciliation Act, 1996 shall apply to the arbitration proceedings. The dispute pertaining to the validity or execution of this Agreement and the dispute in respect of jurisdiction shall also be adjudicated by the Sole Arbitrator.

 

23.   APPLICABLE LAW AND JURISDICTION

This Agreement shall be governed and construed in all aspects in accordance with the laws of India and in accordance with the laws of India. The courts at Bangalore shall have exclusive jurisdiction in respect of this Agreement, your use of the Website or the Services or the information to which it gives access. Any use outside of India is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.

24.   EXECUTION OF THE LENDERS AGREEMENT BY THE PARTIES

Upon approval of the loan amount, the Borrower and the Lender may sign a loan agreement which stipulates the details of the loan amount, rate of interest, the tenure of the loan amount and the commission payable to Journeys, penalties for non-payment and other necessary terms. The form and the contents of the Agreement to be decided by the lender and the borrower.

 

25.   GRIEVANCE OFFICER

   i.     All grievances are to be addressed to Journeys by an affected person in writing or through email signed with electronic signature about any such information.

    ii.         All grievances addressed to Journeys after due diligence would be acted upon as per the provisions of applicable laws. 

 

 E-mail id: [care@journeyswith.in]