Terms & Conditions
VIRTUAL FILAMENTS PRIVATE LIMITED, a
private limited company incorporated under the Indian Companies Act 2013.
having its registered office at B-225, Sumel 6 Business Park, Dudheswar Road
Near Shahi Baug, Ahmedabad, Gujarat, India (hereinafter referred to as
"Virtual filaments", "the Company", "We",
"Us", or "Our") is a research-oriented EdTech company
offering Hyper-Interactive 2D and 3D Simulation-based learning solutions that
solve the challenges of learning limitations. It offers various educational
products which are developed by the Company. Most of the Company products are
digital Products and the delivery and installation of the same is controlled by
a license key (hereinafter referred to as the Products).
You (hereinafter referred to as
"the User"), by buying the Product and/or clicking on the check box
for acceptance of Terms and Conditions of Use with respect to the Product
purchased by You hereby agree to be bound by the following terms and
conditions.
These terms and conditions
(hereinafter referred to as the Terms) constitute an electronic record in
accordance with the provisions of the Information Technology Act, 2000, and the
Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as
amended from time to time.
Please read the below the Terms
carefully prior to commencing use of the Products.
1. Your
use/access of the Products or registration (with or without payment/with or
without a subscription) through any means shall signify Your acceptance of the
Terms and Your agreement to be legally bound by the same.
2. Any
access to Our Products through registrations/subscriptions is non-transferable.
3. You
accept and confirm that pursuant to purchasing the Product, You are granted
only license rights and all the ownership rights, title, and interest in the
Product stored on Your device continues to vest in Virtual filaments. You shall
be granted a license key on the basis of which You shall be entitled to Use the
Product stored on Your device for a period not exceeding the term as activated
by the activation key of the Product. On the expiry of this period, all Your
rights to access the content of the Product shall expire unless You decide to
renew the subscription for the Product on the terms and conditions of Virtual
filaments as in force.
4. Definition
of the Product: Product for the purpose of these Terms means the content of
digital curriculum materials including animations, graphics, video, pictures,
software codes, and audio, etc., which have been created, sourced, and/or
developed internally by Virtual filaments with considerable time and expense.
It shall include all future developments or additions made to the existing
Product. The intellectual properties, concepts, development codes, etc. in the
Product belong exclusively to Virtual Filaments.
5. Installation:
Any Product to be supplied by Virtual Filaments needs to be installed on a
smart panel device. On installation of the Product, Virtual Filaments shall
generate a valid license code for the smart panel device. Each license shall be
activated by Virtual Filaments online as soon as You as the end-User of the
smart panel device complete the online registration. The installation of the
Product follows a two-step authentication process to prevent any misuse of the
Product. You as the end-User are also required to complete the authentication
process online using an internet connection. Each license key will be valid for
working on only one smart panel device upon activation. After activation, the
Product will run offline, without any regular need for an internet connection.
However, to prevent any misuse of the Product, there will be a periodic
validation of the license, for which the device will need to connect to the
internet to enable the Product to validate and authenticate the license key.
6. Product
Renewal: Virtual Filaments will provide a feature to renew the subscription
after the earlier subscription has expired. After the expiry date, a new
subscription will have to be obtained. Virtual Filaments maintains the right to
block access to the content on or after the expiry date if the Product is not
renewed.
7. User
Material: By submitting User Content to Us (Your “Material”), You grant Us a
worldwide, non-exclusive, and 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.
Virtual Filaments maintains the rights to reuse/share the User's uploaded
Material onto Virtual Filaments Servers to enable community learning and
sharing.
8. Warranty
or Guarantee: In the preparation of the 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, Virtual Filaments disclaims any
responsibility for any errors and accuracy of the information that may be
contained in the Products. Any feedback from the User is most welcome to make
the Products and contents thereof error-free and User friendly. Virtual
Filaments also reserves the right and discretion to make any
changes/corrections or withdraw/add contents at any time without notice.
Neither Virtual Filaments 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 Products for
any particular purpose other than as specified in the User Manual of the
Product. 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. As
is Basis: Our Product provides Users with access to compiled educational
information and related sources. 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 be constantly updating and
enhancing the material and information of the Products from time to time;
however, We will 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.
10. No
Endorsement: The contents of the Products are developed on the concepts covered
in the structured curriculum syllabus prescribed for students of various courses.
The usage of the Products is not endorsed as a substitution for 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 Products does not imply endorsement of any particular method nor
exclusion implies disapproval. Subscription to the Product or usage of the same
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.
11. Independent
Verification: The User agrees to independently verify the authenticity and
veracity of the Product stored on the smart panel device. Virtual Filaments
does not take any responsibility for the authenticity and veracity of the
Product installed on the smart panel device. The User shall not bring any
action against Virtual Filaments for any inaccuracy in the Product and Virtual
Filaments will not be liable for any such action, if taken, by the User.
12. Grant
of Permission: The Company (including but not limited to its
subsidiaries/affiliates) may, based on any form of access to the Products,
contact the User through SMS, email, and call, to give information about their
offerings and Products as well as notifications on various important updates
and/or to seek permission for demonstration of its other Products. The User
expressly grants such permission to contact him/her through telephone, SMS, and
e-mail and holds the Company (including but not limited to its subsidiaries/affiliates)
indemnified against any liabilities including financial penalties, damages, and
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, subsidiaries, affiliates, and partners
so that You may be contacted for education information, offerings, and
promotions through telephone, SMS, email, etc.
13.Proprietary
Information: Except as mentioned below, 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 Products 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 deems 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, content,
or materials reside, but the Company shall at all times retain full and
complete title to the Proprietary Information, content, or materials and all
intellectual property rights inserted by the Company on such medium.
14. Use
of the Products: Your Use of the Products shall be subjected to the following
restrictions:
14.1. You may not decompile,
reverse engineer, or disassemble the contents of the Products or modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information or software obtained from
the Products or remove any copyright, trademark registration, or other
proprietary notices from the contents of the Products.
14.2. You will not (a) advertise
or sell any of the Products 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, or (b) Use the Products in any way that is unlawful, or harms the
Company or any other person or entity as determined by the Company.
14.3. If the contents of the
Products are reproduced in any manner whatsoever in any medium by you, you
hereby undertake and confirm to give credit to Virtual Filaments as the owner
of the Product, and under no circumstances will the name, logo, brand,
trademark, trade name and/or any other identify symbol or sign or
representation of Virtual Filaments in any manner whatsoever be removed or
deleted or blanked out from the Product at any time.
15. MIS/Usage/Assessment/Application
Error Data: Virtual Filaments maintains the rights to synchronize Your
Usage/assessment data/application error logs for its Products onto the Virtual
Filaments Cloud server.
16. Right
to Modify: We reserve Our right to modify these Terms from time to time without
notice. The User agrees to regularly review the Terms to keep himself/herself
apprised of any such changes.
17. Eligibility,
Registration, and Access: The decision to grant access to the services relating
to the Products is the prerogative of Virtual Filaments and its decision in
this regard shall be final and binding on the User. The User consents that
Virtual Filaments reserves its right to take all necessary measures to deny
access to its services or the termination of services, if the Terms provided
herein are not complied with or are contravened or there is any violation of
copyright, trademark, or other valuable proprietary right as described herein
in these Terms. In order to Use the Products of Virtual Filaments, the User
must obtain access to the Internet for activation/renewal of the Product.
Please refer to Our Specifications section for content updates and for
synchronization of Usage and User's data to Virtual Filaments Cloud Servers.
18. Terms of Service:
18.1. The Use of the Product, or
any of its services or features and User to User interface provided by the
Product, the information and material contained therein, implies and
constitutes the User's consent to these Terms and You as the User unequivocally
agree to abide by these Terms.
18.2. The User understands that
model questions/sample papers and their answers posted with the Product have
been prepared by Virtual Filaments based on the limited resources available at
its disposal and human errors may inadvertently creep in despite Virtual
Filaments best efforts. The User agrees not to hold Virtual Filaments
responsible for such errors or omissions. Virtual Filaments does not provide
any time limit or provides any express or implied time warranty of any kind,
regarding any matter pertaining to the Products. Virtual Filaments does not
provide any implied warranties of merchantability, fitness of the Products,
and/or any of its content for any general and/or particular purpose (unless
specifically provided herein). Virtual Filaments shall not be liable, at any
time, for any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, mobile device
virus, communications line failure, theft or destruction, or unauthorized
access to, alteration of, or use of the information contained in the Products.
18.3. The User understands that
Virtual Filaments has tested the application on various devices but Virtual
Filaments cannot be held responsible in case of any malfunction/damage on the
device due to the application.
18.4. The User agrees that s/he
shall not solicit or invite other Users to share the credits/points/license
ids/activation codes/etc., that s/he buys/earns that accrue to her/him in
her/his individual capacity and agrees not to sell the credits/points/license
ids/activation codes/etc, for any consideration to a third party. In case of a
violation of this condition, the User shall become liable to pay for the
credits/points/license ids/activation codes/etc, that s/he has sold or shared
and shall forfeit all her/his credits/points/license codes/activation keys/etc,
accumulated and her/his account shall be terminated.
19. User conduct and prohibited
acts: The content on the Product is made available for Your
personal, non-commercial use only. You are prohibited from using the Product or
the content thereof for any illegal or unauthorized purpose. Examples of
illegal or unauthorized Uses include, but are not limited to:
19.1. Modifying, adapting, translating,
or reverse engineering any portion of the Product or content thereof;
19.2. Removing any copyright,
trademark, or other proprietary rights notices contained in or on the Product
or content thereof;
19.3. Using device/software code
to retrieve or index any portion of the Product or content thereof;
19.4. Collecting any information
about other Users (including Usernames and/or email addresses) for unauthorized
purposes;
19.5. Reformatting or framing any
portion of the content that is part of the Product; creating User
accounts/license ids/activation codes/ by automated means or under false or
fraudulent pretenses;
19.6. Submitting information or
material that infringes, misappropriates, or violates the intellectual
property, publicity, privacy, or other proprietary rights of any person;
19.7. Transmitting any viruses,
worms, defects, Trojan horses, or other items of a destructive nature;
19.8. Submitting information or
material that is unlawful or promotes or encourages illegal activity, or
submitting false or misleading information;
19.9. Harm minors, children, and
women in any way or "stalk" or otherwise harass others;
19.10. Upload, post, email, or
otherwise transmit any content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of
another's privacy, hateful, or racially, ethnically, or otherwise
objectionable; or a threat to the nation's communal harmony, peace, and
security;
19.11. Upload, post, email, or
otherwise transmit any content that You do not have a right to transmit under
any law or under contractual or fiduciary relationships (such as inside
information, proprietary, and confidential information learned or disclosed as
part of employment relationships, or under non-disclosure agreements);
19.12. Interfere with or disrupt
any Service or servers or networks connected to the Products, or disobey any
requirements, procedures, policies, or regulations of networks connected to the
Products;
19.13. Intentionally or
unintentionally violate any applicable local, state, national, or international
law; and/or
19.14. Any other conduct, act, or behavior that is illegal or unlawful or could cause any kind of adverse effect
on the Product and/or the reputation of the Company.
20. Advertisements: The
Product or content thereof may display advertisements. The User's
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Product or content thereof, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties, or representations associated with such dealings, are
solely between the User and such advertiser. The User agrees that Virtual
Filaments shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence of
such advertisers on the Product or content thereof.
21. Discontinuance: Virtual
Filaments reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Product or content thereof with or
without notice. You agree that Virtual Filaments shall not be liable to You or
to any third party for any discontinuation, modification, and/or suspension of
the Product or content thereof.
22. General Provisions
Notice: All notices served by the
Company shall be provided via email to Your account or as a general
notification on the application. Any notice to be provided to the Company
should be sent to Sales@virtualfilaments.com
Entire Agreement: The Terms,
along with all other policies of the Company and any other guidelines made
applicable to the Products from time to time, constitute the entire agreement
between the Company and You with respect to your access to or Use of the
Products.
Assignment: You cannot assign or
otherwise transfer your obligations under the Terms, or any right granted
hereunder to any third party. The Company's rights under the Terms are freely
transferable by the Company to any third parties without the requirement of
seeking your consent.
Severability: If, for any reason,
a court of competent jurisdiction finds any provision of the Terms, or portion
thereof, to be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to give effect to the intent of the parties as
reflected by that provision, and the remainder of the Terms shall continue in
full force and effect.
Waiver: Any failure by the
Company to enforce or exercise any provision of the Terms, or any related
right, shall not constitute a waiver by the Company of that provision or right.
Relationship: The relationship
between you and the Company is an independent relationship and not of an
employee or agency or partnership or joint venture or franchise of the Company.
The Company provides these Terms
so that you are aware of the terms that apply to Your Use of the Products. You
acknowledge that, the Company has given You a reasonable opportunity to review
these Terms and that You have agreed to them.
These Terms shall be governed by
and construed in accordance with the laws of India and any dispute arising out
of the Use of the Products shall be subject to the exclusive jurisdiction of
courts at Ahmedabad, Gujarat, India.
The Product's and/or the
content’s design and the service marks, and other logos and Product and service
names are trademarks of Virtual Filaments. You agree not to display or use in
any manner, the trademarks of Virtual Filaments.
The User agrees not to infringe
the copyrights of Virtual Filaments and other Users in any manner whatsoever.
The User understands and acknowledges that the copyright of all the content on
the Product and/or the content thereof belongs exclusively to Virtual
Filaments.
Notwithstanding anything provided
herein or elsewhere any breach or violation by the User of any of the terms set
out herein shall grant Virtual Filaments the right to terminate its arrangement
with such User and recover all legal costs, expenses, and damages that Virtual
Filaments may incur due to such breach or default on the part of the User.
23. Feedback:
Any feedback you provide with
respect to the Products shall be deemed to be non-confidential. The Products
shall be free to Use such information on an unrestricted basis. Further, by
submitting the feedback, You represent and warrant that (i) Your feedback does
not contain confidential or proprietary information of You or of third parties;
(ii) the Company is not under any obligation of confidentiality, express or
implied, with respect to the feedback; (iii) the Products may have something
similar to the feedback already under consideration or in development; and (iv)
You are not entitled to any compensation or reimbursement of any kind from the
Company for the feedback under any circumstances unless specified.
Under no circumstances shall the
Company be held responsible in any manner for any content provided by other
Users even if such content is offensive, hurtful, or offensive. Please exercise
caution while accessing any applications or services relating to the Products.
24. Customer Care:
In case you face any issues during Your Use of the Products and/or any of the services offered by Virtual Filaments, Please contact Us at info@virtualfilaments.com
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