TERMS OF USE

Welcome to gyaniki.

The use of this website and services on this website provided by Devise Electronics Private Limited (“Devise”) are subject to the following terms and conditions of use (“Terms of Use”), all parts and sub-parts of which are specifically incorporated by reference here. The words “Devise” or “gyaniki” or "we" or "us" or "our" as used herein, refer to Devise, gyaniki and/or or any permitted assignees.

Following are the Terms of Use governing the use of the domain www.gyaniki.com and its related sub-domains, websites, services, applications, tools or any successor site (herein after referred to as “gyaniki”). The terms “Service” or “Services” would refer to using and/or accessing and/or subscribing with gyaniki including any collateral material offered on gyaniki.

PLEASE READ THE TERMS OF USE CAREFULLY. THESE TERMS OF USE GOVERN YOUR ACCESS/USE/SUBSCRIPTION TO THE SERVICES AND/ORgyaniki. gyaniki IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE gyaniki. BY ACCESSING OR USING gyaniki, YOU AND THE ENTITY YOU ARE AUTHORISED TO REPRESENT SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

Please contact us if you have any questions with regards to the Terms of Use. Please note that the use of gyaniki and the Content (defined hereinafter) accessed therein constitutes an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. ACCEPTANCE OF THE TERMS OF USE AND USER ELIGIBILITY

You shall use our Services only if you, the end user (referred to herein as “you”, “your”, or the “user”) are able to unconditionally agree with the Terms of Use and all applicable laws, thus forming a binding contract with gyaniki. When you subscribe with gyaniki (“Subscription”) and subsequently create an Account (as defined hereinafter), you must provide gyaniki with accurate and complete information. You agree to update your information to keep it accurate and complete.

You represent and warrant to us that you are least eighteen (18) years of age and that you shall legally agree to these Terms of Use. We assume no responsibility or liability for any misrepresentation of your age. It is to be noted that if an individual is accepting the Terms of Use on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity.

2. ACEPTANCE OF THE PRIVACY POLICY

You consent that you have read and understood the privacy policy of gyaniki, the terms of which are posted on the gyaniki and incorporated herein by reference (“Privacy Policy”) and agree to abide by the Privacy Policy.

3. LICENSE TO USE gyaniki

Subject to these Terms of Use and our Privacy Policy, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You agree that you shall not be permitted to sublicense or transfer any of your rights and/or obligations hereunder. Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access. We may, from time to time, update or modify gyaniki, release new versions of gyaniki, which may, at Devise’s discretion, be included within the license described above.

You shall not directly or indirectly copy or reproduce all or any part of gyaniki, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You shall use gyaniki solely for availing the Services.

Any unauthorized use by you shall terminate the permission or license granted to you to avail the Services and/or access/use gyaniki and you further agree that you shall not bypass any measure used by us to prevent and/or restrict access to gyaniki.

4. CONTENT

Under the Subscription, gyaniki makes available to you a wide range of information including but not limited to downloads, technical reports, technical documents, communications, files, text, graphics, publications, tools and resources created by us (“Content”).

Except as expressly provided in these Terms of Use, no part of the Content shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. You may use information purposely made available on gyaniki for downloading, provided that you (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (iii) make no modifications to any such information; and (iv) do not make any additional representations or warranties relating to such documents.

5. USER OBLIGATIONS

You may browse gyaniki and view certain Content without registering, but as a condition to accessing full Content on gyaniki, you are required to enroll for Subscription and thus create an Account at gyaniki (“Account”). When you do so, you will choose a user identifier, which shall be your email address as well as a password in order to create an Account (“Login Details”). You shall be required to provide us with Personal Information (as defined in the Privacy Policy). You agree that it shall be your responsibility to provide us with accurate Personal Information. You further consent that you shall not forward/disseminate your Account details to a third party and upon discovering of such compromise you shall immediately notify us of the same in writing. It is your responsibility to maintain the safety and security of your Login Details as well as keeping us appraised of any changes in your Login Details. You are further required to pay the requisite amount, as more particularly contained in Section 6hereinunder, for subscribing at gyaniki. You shall not (i) create any Account for anyone other than yourself without such person's prior written permission; (ii) create an Account with the name of another person with the intent to impersonate that person; (iii) create, use and/or access multiple Accounts; or (iv) put in details that are otherwise offensive, vulgar or obscene or otherwise unlawful.

gyaniki reserves the right to refuse registration of, disable or cancel a Subscription at its sole discretion. You are solely responsible and liable for all activity that occurs on your Account.

6. PAYMENT AND FEES

6.1 In order for you to avail the Services in the form of Subscription, you agree to pay us the specific monetary amount (“Fees”) required to enroll for the Subscription. These Fees shall be described to you while subscribing at gyaniki and/or confirmation process. Upon payment of the Fees in whole, gyaniki shall grant you access to the respective Subscription for which the Fees has been paid. The invoice may be provided to you along with the email confirmation or within three [3] days thereafter. This shall be proof of delivery against the successful payment of Fees. The subscriber may pay the Fees, or any other such fee, by using the payment gateway services available on gyaniki.

Devise reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your Subscription of gyaniki and refuse to provide you with access to gyaniki in case of non-payment of the Fees by you to gyaniki. Devise also reserves the right to take legal action in case of non-payment of such Fees.

No refund will be made once the payment for a course has been made. We do not provide refunds for the lack of usage or dissatisfaction.

6.2 Payment

gyaniki does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateway services for the payment. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case the third-party payment provider stores any such information, gyaniki will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information.

You agree that depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. gyaniki does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of the Subscription.

7. ACCEPTABLE USE

You agree, undertake and confirm not to use gyaniki or the Services for any unlawful purpose or any such purpose which is prohibited under this Section. We shall remove or edit inappropriate content or activity identified by or reported to us. We also have the discretion to suspend, disable, or terminate a user's access to all or part of the Services. You are prohibited to:

• do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties;
• reproduce, transfer, sell, resell, or otherwise misuse any Content from our Services;
• access, tamper with, or use non-public areas of our systems;
• break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks;
• try to reverse engineer any portion of our Services;
• try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing;
• use our Services to distribute malware;
• use our Services or any functionality of gyaniki for anything other than for completing online courses or for pedagogical purposes;
• impersonate or misrepresent your affiliation with any person or entity;
• host, display, upload, modify, publish, transmit, update or share any information or item that:
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, racially, or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harms minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• deceives or misleads the addressee/ subscribers about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• is intended to obtain Login Details, personal information, confidential information or private information from any subscriber of gyaniki;
• do anything that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; and
• encourage or help anyone do any of the things on this list.

We shall have the right, but no obligation to, monitor, edit, modify or remove the content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Use as well or is otherwise required to satisfy any applicable law, regulation or authorized government request.

8. YOUR CONSENT

By using the Service and/ or by providing your Personal Information, you consent to the collection and use of the Personal Information you disclose on the Service by gyaniki in accordance with gyaniki’s Privacy Policy.

9. COMMUNICATION

Each time you use gyaniki in any manner, you agree with these Terms of Use. By agreeing to these Terms of Use, you acknowledge that you are interested in availing the Services that you have selected and consent to receive communications via the electronic media explaining you about the Services offered and understanding your requirements. You agree that communication sent to you shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.

10. INTELLECTUAL PROPERTY

You agree that gyaniki, all the Content on gyaniki and all the Services provided by gyaniki are the property of Devise, including all trademarks, trade secrets, patents, copyrights and other intellectual property rights. You agree that we own all rights, title, interest in and to the intellectual property and that you will not use the same for any unlawful or infringement purposes. Nothing in this Terms of Use shall be deemed to confer any rights to any such intellectual property upon you.

Devise is the sole owner of the name “gyaniki”, and all source code, object code, software, Content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from you to us regarding gyaniki shall, upon submission to Devise, be owned solely and exclusively by Devise.

You confirm and undertake to not reproduce or distribute any intellectual property in any way, including electronically or via registration of any new trademarks, trade names, service marks, or URLs.

11. PRIVACY

We do not sell or rent your Personal Information to third parties in any form. Protection of your privacy is of paramount importance to us. Your Personal Information which is stored and processed by us is protected by physical as well as reasonable technological security measures and procedures. If you object to the Privacy Policy in any way, please do not use gyaniki and/or the Services.

12. ACCESSIBILITY AND PAYMENT GATEWAY SERVICES

You are responsible, at your sole cost and expense, for obtaining all equipment necessary to access the internet, gyaniki on the internet. While it is our objective to make gyaniki accessible at all times, gyaniki or portions of gyaniki may be unavailable or operate slowly on occasion for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to gyaniki may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, we shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects of any such delay or unavailability of gyaniki may have on you. YOU CONSENT THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF gyaniki AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF gyaniki.

We shall make all reasonable efforts for the provision of uninterrupted service of the payment gateway subject to down time and regular maintenance. However, notwithstanding anything in this Terms of Use, you acknowledge that the payment gateway may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro and Devise disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness of the payment services for a particular purpose. Although we adopt security measures considered appropriate for the offer of the Services and the payment gateway mechanism, we do not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the same or to your data. We shall not be responsible or liable if any unauthorized person hacks into or gains access to the payment gateway service. In addition you agree that we shall not be liable for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage to the User’s access to and/or use of the payment gateway services. Our sole obligation and your sole and exclusive remedy in the event of interruption of the payment gateway services shall be to use all reasonable endeavours to restore the services and/or access to the payment gateway services as soon as reasonably possible.

13. THIRD PARTY LINKS AND CONTENT

13.1 Outbound Links

gyaniki shall contain links to third-party websites and resources (“Linked Sites”). These Linked Sites are provided solely as a convenience to you and not as an endorsement of the content of such Linked Sites. We make no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. We shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, you shall do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

13.2 Inbound Links

Linking to any page of gyaniki other than to www.gyaniki.com through a plain text link is strictly prohibited in the absence of a separate linkage agreement with Devise. Any website or other device that links to gyaniki.com or any page available therein is prohibited from (i) replicating the Content; (ii) using a browser or border environment around the Content; (iii) implying in any fashion that Devise or any of its affiliates endorse it or its products; (iv) misrepresenting any state of facts, including its relationship with Devise or any of the its affiliates; and (v) using any logo or mark of Devise or any of its affiliates, without express written permission.

14. UNSUBSCRIBE

If you are no longer interested in receiving e-mail announcements and other marketing information from us, you can opt-out anytime by unsubscribing from gyaniki.

15. MODIFICATIONS

We reserve the right to revise and update these Terms of Use at any time. Your continued usage of gyaniki after any changes to these Terms of Use shall be deemed as acceptance of such changes. Any aspect of gyaniki may be changed, supplemented, deleted or updated without notice, at our sole and absolute discretion. We may also change or impose fees for Services provided through gyaniki at any time, at our sole and absolute discretion. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time so that you stay informed as to any such changes. We shall not be liable for any loss suffered by you on your failure to review such revised Terms of Use and Privacy Policy. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon gyaniki posting the same thereof.

16. BREACH

Without limiting other remedies, we may without liability, limit your activity, immediately remove your information, warn other users and Subscribers of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to gyaniki in the event, but not limited to:

• if you breach the Terms of Use or Privacy Policy or other rules and policies, if any;
• if we are unable to verify or authenticate any information you provide;
• if it is believed that your actions may cause legal liability for you, other users or gyaniki and Devise.
• if you fail to reasonably cooperate in any investigation by us; or
• if we believe that you have breached any applicable law.

A user that has been suspended or blocked may not register or attempt to register with gyaniki or avail our Services in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, Devise reserves the right to recover any amounts due and owing by you to us or to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

If you subscribe with gyaniki, you shall be responsible for maintaining the confidentiality of your Login Details and you shall be responsible for all activities that occur under your Login Details. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or gyaniki has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, we has the right to indefinitely suspend or terminate or block access of your Subscription with gyaniki and refuse to provide you with access to gyaniki.

17. TERM AND TERMINATION

These terms of use, with modifications as contemplated, shall remain in full force and effect during your use or access of the Service or till the date your Subscription is terminated whichever is later.

We may terminate these Terms of Use with you at any time for any reason with or without cause. We specifically reserve the right to terminate the Terms of Use if you violate any of the terms outlined herein, including but not limited to, violating our intellectual property rights or a third party, failing to comply with the applicable laws or legal obligations, and/or publishing or distributing illegal material. If you are a Subscriber, you may terminate these Terms of Use at anytime by contacting us and requesting termination. Please keep in mind that any outstanding Fees will still be due even after the termination of your Subscription. Further you also consent that, any Fees, paid hereunder is non-refundable in nature. At the termination of these Terms of Use, any provisions that would be expected to survive termination by their nature shall remain in full force and effect, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

18. OWNERSHIP

You acknowledge that gyaniki and any underlying technology or software on gyaniki or used in connection with rendering the Services are proprietary information owned or duly licensed to Devise, except where it is indicated otherwise. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on gyaniki in whole or in part except as expressly allowed under the Terms of Use. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on gyaniki.

19. CONFIDENTIALITY

During the course of your use of our Services and access to the Content, you may receive information relating to us or to our Services that is not known to the general public (“Confidential Information”).You agree that: (i) all Confidential Information will remain our exclusive property; (ii) you will use Confidential Information only as is reasonably necessary for your participation in our Services; (iii) you will not otherwise disclose Confidential Information to any other person or third party; and (iv) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these terms of use. You may not issue any press release or make any public statement related to our Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

Further no use, reproduction, transformation or storage of the Confidential Information shall be made by you without the prior written permission of gyaniki, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.

20. DISCLAIMER AND WARRANTIES

Save to the extent required by law, we have no special relationship with or fiduciary duty to you. You acknowledge that Devise has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release Devise from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through the Services, and we shall not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

We make no representation or warranty, express or implied, with respect to any third party data provided to us or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. We shall not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (i) any such inaccuracy, error, delay or omission; (ii) non-performance; or (iii) interruption in any such third party data due either to any negligent act or omission by us or "force majeure" or any other cause beyond the control of Devise.

We assume no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advise in any Content contained on gyaniki. Any information of third parties is made available without doing any changes and so we cannot guarantee accuracy and are not liable for inconsistencies arising thereof. All data, pictures, text files, videos, or any other material posted on, transmitted through or linked from gyaniki, are solely the responsibility of the person from whom such content originated and we do not control, and are not responsible for the Content available on gyaniki.

There may be instances when incorrect information is published inadvertently on gyaniki such as typographical errors, inaccuracies or omissions. Any such errors, inaccuracies or omissions may be corrected at our discretion at anytime and we may change or update or revise the Content or delete any such inaccurate information from gyaniki at anytime without any prior notice.

YOU AGREE THAT YOUR USE OF gyaniki AND THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK AND THAT ANY SERVICES PROVIDED BY US ARE ON AN “AS IS” BASIS. WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF FITNESS, FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTIES THAT gyaniki OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT gyaniki OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE ALSO MAKE NO WARRANTIES AS TO THE RELIABILITY OR ACCURACY OF ANY INFORMATION ON gyaniki OR OBTAINED THROUGH THE SERVICES. YOU AGREE THAT ANY DAMAGE THAT MAY OCCUR TO YOU, THROUGH YOUR COMPUTER SYSTEM, OR AS A RESULT OF LOSS OF YOUR DATA FROM YOUR USE OF gyaniki OR THE SERVICES IS YOUR SOLE RESPONSIBILITY AND THAT WE ARE IN NO WAYS LIABLE FOR ANY SUCH DAMAGE OR LOSS.

THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (I) BREACH OF CONTRACT; (II) BREACH OF WARRANTY; (III) NEGLIGENCE; OR (IV) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

DEVISE AND ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:

(I) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;

(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;

(III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR

(IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

WE SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS OBTAINED OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, WE SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE SERVICES DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE SERVICES THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND OUR CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (I) BREACH OF CONTRACT; (II) BREACH OF WARRANTY; (III) NEGLIGENCE; OR (IV) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

YOU HEREBY REPRESENT AND WARRANT TO US THAT YOU ARE LEGALLY COMPETENT TO EXECUTE, BE BOUND BY AND ADHERE TO TERMS OFUSE OF gyaniki. YOUR USE OF gyaniki IS SOLELY AT YOUR RISK. YOU AGREE THAT WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREIN OR ANY DAMAGE SUFFERED IN THE EVENT OF DEFAULT OR MISREPRESENTATION BY ANY OTHER USER OF gyaniki.

21. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR gyaniki; (II) ANY CONDUCT OR CONTENT OF ANY USER, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO DEVISE’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

We shall not be responsible for any act or omission which could be attributable to a default of any other person over which we do not exercise control, including without limitation any error or failure or inability of the network service provider or any failure of any personnel of the client. Our liability to the user on gyaniki and for any other claim arising in connection with this defect shall be limited to the correction or repair of such breach or defect or the replacement of the defective or non-conforming portion of gyaniki.

You may not use the Services in any manner that could damage, disable, overburden, impair or violate the security of gyaniki, or interfere with any other party's use and enjoyment of the Services. Violation of the system or network security may result in civil of criminal liability. Pursuant to the same, you are prohibited from carrying out the following activities:

• accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• attempting to interfere with Service to any user, host or network, including, without limitation, via means of submitting a virus or “trojan horse” to gyaniki, overloading, “flooding”, “mail bombing” or “crashing”; or
• sending unsolicited electronic mail, including promotions and/or advertising of products or services.

We shall have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Accessing gyaniki and availing the Services from territories where the Content, the Services or functionality of gyaniki or any portions thereof is illegal, is expressly prohibited. If you choose to access gyaniki and avail the Services, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

You understand that any and all decisions made by you with respect to the Services are yours alone. In no event will Devise be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of gyaniki or use of the Services, even if Devise has been advised of the possibility of such damages, costs, losses or expenses.

22. INDEMNIFICATION

You shall defend, indemnify, and hold harmless Devise, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, gyaniki, Service, Content or otherwise from your content, violation of this Terms of Use and/or Privacy Policy, or infringement or violations of any applicable laws by you, or any third party using your account, including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Devise).

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences. You may not consent to the entry of any judgment or enter into any settlement of a claim without our prior written consent, which may not be unreasonably withheld. We reserve the right to enforce our rights under this provision by withholding amounts otherwise due to you under these Terms of Use.

Further you hereby agree that all payments with respect to refunds shall be your sole responsibility. You agree to indemnify us in respect of any claims, disputes, penalties, costs and expenses arising directly in relation to refunds for all transactions initiated and instructed through gyaniki. This clause shall survive the expiry or termination of this Terms of Use.

23. MISCELLANEOUS

23.1 Governing Law and Dispute Resolution

The Terms of Use is governed by the laws of the India. The parties shall submit to the exclusive jurisdiction of the courts of law in Pune to settle any disputes that may arise in relation to this Terms of Use. If any dispute arises during your use of our Services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms of Use, the dispute shall be sought to be amicably resolved between us. If any dispute remains unresolved 21 (twenty one) days thereafter, the dispute shall be finally settled by a sole arbitrator who shall be an independent and a neutral third party identified by Devise. The place of arbitration shall be Pune. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. You are solely responsible for your interactions with any user (even to the extent prohibited hereby) and any disputes that may result from such interactions. Devise reserves the right, but has no obligation, to monitor disputes between you and such persons.

Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction in respect of any matter concerning the infringement of its intellectual property rights or the use of its Services to infringe any third party's intellectual property rights.

23.2 Assignability

gyaniki may assign any of its responsibilities/ obligations to any other person without notice to the user, at its sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights under these Terms of Use to any other party, unless a written consent is taken from gyaniki.

23.3 Severability

If any provision of these Terms of Use is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

23.4 Waiver

Failure by gyaniki to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

23.5 Force Majeure

gyaniki is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane, local outbreak of a disease, pandemic or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

23.6 Independent Parties

Both the parties are independent contractors, and nothing in this Terms of Use will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. These terms of use will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from these terms of use is intended or will be construed to give to any person other than the parties to this Terms of Use any legal or equitable right, remedy, or claim under or in respect to these terms of use.

23.7 Interpretation

In this Terms of Use, unless the context otherwise requires references to recitals, sections and sub-sections are to recitals, sections and sub-sections of this Terms of Use; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Terms of Use; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Terms of Use to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and any reference to a time limit in this Terms of Use means the time limit set out in the relevant section or sub-section or such other time limit which may be mutually agreed by the parties in writing.

24. GRIEVANCE OFFICER

In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are as under:

Name: Gaurav Singh

Address: B 207-208, Satyam Industrial Estate, Erandwane, Pune 411038

Email Id: gaurav@gyaniki.com

In the event you have any complaints about gyaniki, its contents or anything related thereto or if you wish to make a complaint regarding any violation of the provisions of the Terms of Use, you may send a written complaint to the Grievance Officer, who shall redress the complaint within one (1) month.

25. CONTACT US

If you have any questions, recommendations, concerns or want to leave any feedback whatsoever in connection with this Terms of Use please contact us at the following email address: admin@gyaniki.com