TERMS AND CONDITIONS

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

MYEQ SERVICES PRIVATE LIMITED (“Company“, “We” or “Us”) operates a website (https://www.myeq.in) which is engaged in the service of online selling and facilitating of Emotional Intelligence programs including The Plus Minus Code Program.

These terms and conditions (“Terms”) describe the terms on which the Company grants end users access to the Website (hereinafter referred to as “Services”) and shall be read with the privacy policy. Anyone below 18 years of age is assumed to be a child (“Child”) and requires parental consent to use the Website. The parents of the Child or users above 18 years of age are hereinafter referred to as “You” or “Participants”. The term “Users” for the purposes of these Terms shall be read as You, Participant and/ or Child.

The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Website or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services or availing any promotional offer, you may be subject to additional terms and conditions, posted guidelines or rules, as may be applicable to such services and offers. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.

1. Terms of Service

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

2. Description of Services

The Company sells and/or facilitates online Emotional Intelligence development programs under a Master Franchise Licence from the Source Code Technology Foundation, Switzerland. We aim at helping children, teenagers and adult alike to develop their Emotional Intelligence, through pre-recorded image based video lectures, whereby the participants learn to discern the plus and minus of the images. In some cases, where requested by the participants, an EQ facilitator is provided who helps in making the participants understand the images to develop the discernment better.

3. User ID and Password

In order to access the Company’s Website and its services, you may have to create an account and you have to disclose information including, but not limited to, (i) name, e-mail ID, photograph, location and other contact information (ii) gender and other demographics (iii) birth date and year to validate the current age of the Child (iv) your email address to acquire the parental consent. You must be at least 18 years old to register on the Website. If you are under 18 years old, you are not permitted to register on this site unless such registration is completed by a parent or legal guardian. You acknowledge that your user ID and password (“Participant Account“) is for your exclusive use only. Use or sharing of your Participant Account with another user or person is not permitted and is cause for immediate blocking of your access to the Website, the Services and the content provided by the Company and shall lead to termination of this Agreement without any notice.

You are solely responsible for maintaining the confidentiality of your Participant Account and for all activities that occur under it. You agree to immediately notify to the Company if you become aware of or have reason to believe that there is any unauthorized use of your Participant Account.

4. Curriculum

The Company has different Seasons of its flagship, The Plus Minus Code Program and each Season contains 26 image based episodes. Currently 3 such Seasons are available for subscription. Each participants has option to choose to buy the Season and Do It Yourself (DIY) model. In such case, the Participants can access and complete the Seasons subscribed on their own. The second option available is to do the Season with the help of a EQ Facilitator. The Company has EQ Facilitators who will assist the participants with their Seasons, in case Participants chooses such model.

The Company shall also grant access to its online Program which may be in video, audio, graphic, recorded, photographic, or any other format in relation to the Seasons for which you have registered for. The Company reserves the right to amend, revise or update the Program at any time.

We offer One (1) free trial class to participants, in case they request for it, so that they get an opportunity to experience the services provided by us. Any free trial class provided by the Company shall also be governed by these Terms.

5. License to Use

The Company hereby grants You, the limited, non-transferable, non-exclusive, and revocable license to access, view and use the Website only for the purposes of accessing, viewing, posting or submitting user material, using the embedded link function, placing store orders or for accessing information, applications and services. The Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Website. This license is limited to personal and non-commercial uses by You and your Child. Any rights not expressly granted to You herein are reserved to Company.

You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Program, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the limited purpose mentioned above, without the Company’s prior written consent.

6. Intellectual Property Rights

You acknowledge that the Company is the sole and exclusive owner of the Website, the services provided by the Company, the Seasons, and its content and as such the Company is vested with all the Intellectual Property Rights and other proprietary rights in the Website, the Services, content and the Seasons.

The Company may from time-to-time upload videos, audios/ sound recordings, content and other materials on the website which shall be the exclusive property of the Company. You undertake not reproduce, transmit, retransmit, distribute, publish, post, share or make available the said videos, audios/ sound recordings, content and other materials or any part thereof which are available on the Website in any manner whatsoever.

Additionally, the Company also retains all rights (including copyrights, trademarks, patents, designs, logos, trade-dress, trade-secrets, know-how as well as any other intellectual property right) in relation to all information provided on or via this Website, including but not limited to all texts, graphics, photos, illustrations, apps and logos except the content, reading material, curriculum, tests and exercises made available to you. You shall not copy, download, publish, distribute or reproduce any of the information contained on this Website or social media in any form without the prior written consent of the Company.

The Company retains all the rights in the video recordings, sound/audio recordings, images, photos, pictures/ images clicked during the classes, lectures delivered by the Company’s EQ Facilitators, text and other material posted on the Website and shall be the sole owner of the same. You undertake that you shall not record, make videos or sound/ audio recordings, take screen shots, click pictures and shall not download, publish, transmit, display, reproduce, transmit, distribute, post, share or make copies of any of the classes/ lectures that are conducted by the Company (including the trial classes), video recordings, sound/audio recordings, images, photos, pictures/ images, text or other material, whether in full or in part, unless you obtain prior written approval from the Company. Any recordings, videos, sound/audio recordings, screen shots, pictures, images, material or content which is obtained in any manner without the prior written consent of the Company shall amount to breach of the instant terms and conditions and you shall be solely liable for the said breach under the applicable laws. All other rights are reserved.

7. Use of the Website by the Child

You expressly acknowledge and undertake that:

• You are competent and have all the necessary legal rights to enter into this agreement on behalf of the child.
• You grant your consent to the Company for your child to attend and participate in the classes, courses, tests, sessions and/or any other program conducted and/or organized by the Company on its Website and in relation to the services provided by the Company. You undertake that the participation of the Child and all the activities done by the Child will be under your direct and constant supervision. You further accept full and complete liability arising out of the child’s acts, whether direct or indirect.

8. Payment and Refund

The Website is a paid service and the payments made by You shall be according to the plans opted by You. You explicitly agree to pay the fees for the courses/ plans that you purchase, and you authorise the Company to charge you as per the applicable payment mode opted by you. All payments shall be through the payment mechanism put in place by the Company and You shall be responsible for paying all fees and applicable taxes in a timely manner as per the mechanism associated with the Plan availed by You. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, Online Bank Transfer and Wallet Payment.

We use Razorpay for processing payments. We/Razorpay do not store your card data on their servers. The data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) when processing payment. Your purchase transaction data is only used as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is not saved.

The payment gateway adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read terms and conditions of razorpay on https://razorpay.com

Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Us.

Any charges related to app publishing (e.g. charges levied by app store, play store) will be incurred by the User.

We reserve the right to change any fees at any time at our sole discretion and any change, update, or modification in the fee shall become effective immediately upon the same being posted/uploaded or notified on our website.

The company has 7 days refund policy within which any Participant can request for refund of the price paid for the purchase of the Seasons. The Company refunds 100% of the money received within 3-5 working days of such refund request.

9. Third Party Services

You acknowledge that the Services provided by the Company uses and/or contains certain softwares, products and services which are developed and owned by third parties, the use of which is governed by terms and conditions of such third parties. Please read the User Agreement and Privacy Policy for these sites separately before using the said third party websites. By accessing the said third party websites, you agree to be bound by the respective user agreement and privacy policy of these third parties. Accordingly, you agree that the Company will not be responsible for such Third-Party software, products and services nor for any error, malfunction or defect in the Service resulted therefrom.”

10. Third Party Permission

The Company has subscribed to various third-party service providers and you agree and acknowledge that, while accepting these terms, you explicitly grant permission to these service providers to use your information. In the event of any dispute between the third party and you the company shall not be held liable in any matter whatsoever.

11. User Content

The Company offers You and the Child the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information.

The Company may remove content at its discretion, subject only to its express obligations in respect of peer-reviewed articles.

12. Rule of Conduct

Users must comply with the laws that apply to You in the location that You access Company’s Services from. If any laws applicable to You restrict or prohibit You from using Services of Company, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of Company. You promise that all the information You provide to Company on accessing and/or using the Services of Company is and shall remain true, accurate and complete at all times.

Notwithstanding any other provision of these Terms You agree and undertake not to:

• Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
• Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
• Create software which mimics any data or functionality in the Service;
• Use or deal in the Service except as permitted by these Terms;
• Include contact details intended to enable communication outside of the Service, in any Communication;
• Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
• Make any public, business or commercial use of the Service or any part of them;
• Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without prior written permission of Company;
• Make the Service or any part of it available to any third party (please note this does not stop you from fairly and honestly providing links to the Website, or showing either to other people);
• Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or
• Delete or obscure any copyright or other proprietary notice on the Service.

The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users, and You expressly consent to Company’s monitoring your computer’s random access memory for the purpose of identifying said unauthorized third-party programs.

13. Limited Liability

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

Company ensures that the information and the training facilitated by the Facilitator on the Website is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information and coaching given by the tutors on the Website.

You agree and understand that Company does not states or claims any warranty for the quality of lectures delivered by the EQ Facilitators listed on our Website.

The Company undertakes the scrutiny of the curriculum delivered by the EQ Facilitators however, the Company does always not guarantee the quality of lessons delivered to the Child. At any instance of live interactive classes, if the EQ Facilitators uses any language or depicts any acts, or pornographic images or does any unethical, unlawful or immoral act, then in such cases, please immediately inform the Company at the contact provided below. The Company will make all efforts to take any and all necessary actions as per the applicable law. However, the Company explicitly disclaims any liability or responsibility in the event of such a circumstance.

Company will not be held responsible for any unethical, illegal acts performed by the Child on the advice of EQ Facilitators and it shall be the your responsibility to closely monitor the activities of your Child while accessing the Website.

In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the Website or any content provided on or through the Website.

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

The Company’s liability for any and all claims in the aggregate, arising out of or related to your use of the Website, shall not under any circumstances exceed the amounts actually paid by You to the Company for its Services.

The Company does not warrant that the operation of the Service will be uninterrupted or error-free. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of Company including Internet outages, communications outages, fire, flood, war or act of God.

Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.

You agree that in relation to your use of the Service You will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call Company or the Service into disrepute. You agree that You are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.

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

14. Termination

Without limiting any other rights that Company may have, Company may remove, restrict, cancel or suspend access to and/or use of the Website, Services provided by the Company and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms.

You may also terminate your agreement with the Company by ceasing to access the Website, Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.

15. Severability

If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

16. Assignment

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

17. Waiver

No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.

18. Government Laws and Jurisdiction

Any dispute or difference either in interpretation or otherwise, of the Terms and other Policies on the Website, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of arbitration shall be held in New Delhi and the language shall be in English.

The Terms shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts in Delhi shall have exclusive jurisdiction.

Without any prejudice, the Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

19. Entire Agreement

This Agreement, along with the Privacy Policy, Terms of Use, and any additional guidelines, rules, and/or disclaimers posted on the Website constitutes the entire agreement governing your use of our Website and supersedes any prior agreements, if any, relating to any matter dealt within this Agreement.

20. Contact

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

Name: MYEQ Services Private Limited

E-mail id: corporate@myeq.in

Address: B-495, Vasant Kunj Enclave, Delhi – 110070, India