OnlineTyari Terms of Use
The OnlineTyari (owned and operated by Indiavidual Learning Private Limited) terms of sale
(the “Terms of Use”) is an electronic record in the form of electronic contract under the Indian
Contract Act, 2000 (the “Act”), or any rules prescribed under the Act. This electronic record is
generated by a computer system and does not require any physical or digital signatures.
The www.onlinetyari.com
website and OnlineTyari mobile applications (hereinafter referred to
collectively or individually as “OnlineTyari Platform”) are owned and operated by Indiavidual Learning Private Limited, a company incorporated under the Companies Act, 2013
with its registered office at Bizzhub Workspaces (Aspire), 1st Floor,
Plot No. 36, 100 Feet Road, Sony World Junction,
Koramangala, Bengaluru, Karnataka – 560095 (the “Company” or “OnlineTyari”).
This document is published in accordance with the provisions of Rule 3 (1) of the Information
Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and
regulations, privacy policy and Terms of Use for access or usage of OnlineTyari Platform.
Any natural or legal person (who uses any of the services provided by OnlineTyari through our
website and/or mobile applications are governed by the following Terms of Use. By mere use of
the OnlineTyari Platform, you shall be contracting with OnlineTyari and these terms and
conditions including the policies constitute your binding obligations, with OnlineTyari.
You agree, undertake and confirm that your use of OnlineTyari Platform shall be strictly
governed by the following binding principles:
Use of OnlineTyari Platform
-
You shall not host, display, upload, modify, publish, transmit, update or share any information
which:
- belongs to another person and to which You does not have any right to;
- 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; or unlawfully threatening or unlawfully
harassing including but not limited to "indecent representation of women" within the
meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading in any way;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or
"spamming";
- infringes upon or violates any third party's rights including, but not limited to,
intellectual property rights, rights of privacy (including without limitation unauthorized
disclosure of a person's name, email address, physical address or phone number) or
rights of publicity;
- commercially promotes an illegal or unauthorized copy of another person's copyrighted
work (see " Notice of Copyright Infringement" below for instructions on how to lodge a
complaint about uploaded copyrighted material), such as providing content like ebook,
mock test, question bank, etc. which is copyright of a third party without their consent;
- tries to gain unauthorized access or exceeds the scope of authorized access to the
website or to profiles, blogs, communities, account information, or other areas of the
website or solicits passwords or personal identifying information for commercial or
unlawful purposes from other users;
- engages in commercial activities and/or sales without Our prior written consent such as
contests, barter, and advertising, or the buying or selling of products on OnlineTyari
Platform.
- refers to any website or URL that, in Our sole discretion, contains material that is
inappropriate for OnlineTyari Platform or any other website, contains content that
would be prohibited or violates the letter or spirit of these Terms of Use.
- 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.
- violates any law for the time being in force;
-
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic
device, program, algorithm or methodology, or any similar or equivalent manual
process, to access, acquire, copy or monitor any portion of the OnlineTyari Platform or
any Content, or in any way reproduce or circumvent the navigational structure or
presentation of the website or any Content, to obtain or attempt to obtain any
materials, documents or information through any means not purposely made available
through the website. We reserve Our right to bar any such activity.
-
You shall not attempt to gain unauthorized access to any portion or feature of the
OnlineTyari Platform, or any other systems or networks connected to the OnlineTyari
Platform or to any server, computer, network, or to any of the services offered on or
through the OnlineTyari Platform, by hacking, password "mining" or any other
illegitimate means.
Third Party Sites Links
OnlineTyari™ contains links to other Web sites which are not under the control of and are not
maintained by OnlineTyari™. No responsibility is accepted for the content of those sites. These
links are provided for the users convenience only.
Terms Of Sale
The Terms of Sale is legally binding on the Seller and Buyer, where the Seller has made offer to
sell digital products/services by listing the same on the OnlineTyari Platform and Buyer has
accepted such offer by agreeing to buy the product or use the service, in current or future date.
These Terms of Sale will be effective and binding on the Buyer upon Seller’s advertising,
exhibiting or publishing the product/services on the OnlineTyari Platform. These terms will be
binding on the Buyer on his consent to buy the product / services.
The terms may contain certain disclaimers which will be binding on both the Buyers and the
Sellers.
Users are advised to read the Terms of Sale carefully. The Terms of Sale are in addition to the
Terms of Use, agreement, privacy policies, and other policies of the Company. OnlineTyari can
include/exclude/modify Terms of Sale any time, which will be binding on Buyer and the Seller
and such conditions may or may not be part of this agreement.
The consent, by acceptance or use, will be considered as binding on the user (Buyer or Seller)
and will be unconditional, subject to the provision of the Act.
- Definitions
- “Buyer/Customer/User” is any user (whether registered or not), who purchases the
products or services of the Seller (as defined in the policy below), through the OnlineTyari
Platform.
- “List Price” shall mean the price of the product as listed on the Platform by the Seller. Any
delivery or cash handling charges levied on the Buyer shall be considered over and above
the List Price.
- “The Company” – refers to Indiavidual Learning Private Limited as us, we,
OnlineTyari or the Company, and should be construed accordingly.
- “OnlineTyari” (owned and operated by Indiavidual Learning Private Limited) – has a
website and mobile applications wherein the Sellers can provide their offerings and the
Buyers can view/avail such offerings and enter into binding contracts with the Sellers. For
the purposes of all policies, it will include the website as well as the mobile application.
- “Order” shall mean the order placed by the Buyer to purchase Product(s) and Service(s)
from the Seller through OnlineTyari Platform.
- Product(s)/Service(s) shall mean the Product(s) and/or Service(s), made available by the
Seller for sale/subscription by the User.
- Seller is any person/legal entity which lists/exhibits/offers to sell/ advertises /market, their
products on the OnlineTyari Platform.
- Selling Price shall mean List price less any discount (if any) offered by the Seller and which
is the final price of the Product/Service paid by the Buyers.
- Transaction shall mean a bipartite transaction for the sale by the Seller and Buyer for
purchase of Products and/or Services through the OnlineTyari Platform.
- Offer and acceptance of product/services
The agreement is between the Buyer and the Seller as defined in the Terms of Sale and will be
binding on both. We have the right to cancel any contract, for any reason per the policies of the
Company or as required by a law/decree/instruction from a law enforcing authority.
- Products/services
- Offer of sale of each product / service might be different and will be governed by the Seller
and all the relevant details that are included by the Seller on the OnlineTyari Platform. The
Seller is under the obligation to provide any additional terms or conditions which may apply to
any particular product or service offered by the Seller on the OnlineTyari Platform.
- The Seller represents to the Buyer that:
- He has the right to sell the product or service to the Buyer
- Products/service shall be free of charge or encumbrance in favor of a third party
- Products/service shall meet theription provided on the OnlineTyari Platform and as
provided by the Seller
- Buyer shall enjoy quiet possession of the products, where applicable
- Pricing
The Seller is free to decide the price of a course/study material. Once a learner buys a course at
a price it cannot be changed for rest of the course period.
OnlineTyari reserves the right to charge for its services and to change its fees from time to time
in its discretion. In case of termination of your membership because you have breached the
Agreement, you will not be entitled to the refund of any unused portion of subscription fees
paid by you.
In case, the List Price on the OnlineTyari is mentioned incorrectly then the Seller or the
Company has the option to cancel the order.
The transaction price includes all taxes, unless otherwise specified.
- Cancellations And Refund Policy
All digital product purchases by a Buyer on OnlineTyari Platform are deemed to be final and
cancellation or refund request by the Buyer will NOT be accepted once the confirmation for
their order is communicated to the Buyer.
OnlineTyari reserves the sole right to decide at its own discretion to consider any
cancellation/refund request on case to case basis and the Company is under no obligation to
provide a refund except where it deems appropriate.
Cancellation by the Company: The Company reserves the right to cancel any order without any
prior notification to the Buyer, which may be due to a technical fault, at the request of Buyer or
Seller, circumstances beyond the control of the Company or as required by the law. Under such
circumstances, the refund of the amount paid will be processed within a reasonable period of
time.
- Governing Law
- The Terms of Sale shall be governed by the law of India without reference to any conflicts
of principles. The place of jurisdiction shall be exclusively in New Delhi.
- The Terms of Sale are solely for the benefit of users, their successors or assignees.
- Jurisdiction For Product Sales
OnlineTyari makes no representation that the products sold on OnlineTyari are appropriate or
available for use outside India.
Refer and Earn Rs. 100 Paytm
Invite your friends/family to subscribe TyariPLUS
How It Works?
- Login to the latest OnlineTyari android app. If you don’t have the latest app installed, you can download the latest app from Google Play Store here.
(Note: To get the referral code, your app version should be 14.3.2 and above)
- Go to the Refer & Earn section in the mobile app and share your referral code with your friends and family using Whatsapp, sms, Facebook, Telegram, etc.
- Your friend would need to purchase TyariPlus 12 months subscription using your referral code.
With your referral code, your friend will get a discount of Rs. 100 on TyariPlus subscription.
- When your friend successfully purchases TyariPlus using your referral code, the referral amount of Rs. 100 will be credited to your Paytm account after 48 hours, if your friend does not request for refund.
- The PayTm number should be added and verified before your friends/family purchase TyariPLUS subscription in order to receive Rs 100.
- The PayTm number linked should be KYC done.
- There is no limit to the number of friends/family members who use your referral code. You will get Rs. 100 Paytm referral amount everytime your referral code is used for purchasing TyariPlus subscription.
- To know more about TyariPlus subscription, click here .
Terms and Conditions
- Refer and earn offer (“Offer”) is only valid for purchase of 12 months TyariPlus subscription.
- By inviting your friend using the Refer and Earn Offer, you accept and acknowledge the terms and conditions specified herein.
- You will be eligible for referral amount only when your friend purchases TyariPlus. Referral amount is not payable on app install or registering a new account on OnlineTyari.
- Your friend must use your referral code while purchasing TyariPlus.
You will not get the referral amount if your friend uses some other coupon/referral code even if you had shared your referral code with your friend.
- We will send confirmation regarding referral amount payment to your email id registered with OnlineTyari.
- The referral amount will be credited to your PayTm account linked to the registered mobile number with OnlineTyari. Kindly update the registered mobile number to ensure that the referral amount is credited to your correct PayTm account.
- By participating in this Offer, you agree to be bound by the Terms and Conditions of this Policy, the Terms of Use, Privacy Policy and other relevant documentation that are available on www.onlinetyari.com including any modifications, or updates.
- OnlineTyari reserves the right to end any or all offers at its sole discretion without any prior notice.
- To be eligible for the cashback, you must have a valid OnlineTyari account.
- OnlineTyari reserves the right to, at our sole discretion, to change, modify, add or remove portions of these terms & condition, including changing the amount of money, modifying how you may earn, modifying the duration and expiration wallet money, maximum amount of money that you may earn, and discontinuing the offer entirely, at any time without any prior written notice to you.
- You hereby agree and understand that in order to participate in the Offer, You may be required to submit personal information, about You and the user you refer, such as name, mobile number and email address in case of any investigation to be done. You further agree to receive communications from us with regard to your participation in the Offer. Any information collected from You or the Referred user as part of the offer shall be subject to OnlineTyari Privacy Policy.
- You are not bound in any way to participate in the Offer and any such participation is voluntary.
- OnlineTyari reserves the right, in its sole discretion, to disqualify any participant that attempts to tamper with the offer or violates the Policy.
- OnlineTyari shall not be responsible for any loss, injury or any other liability arising due to participation by any person in the Offer.
- You hereby agree to indemnify and keep OnlineTyari harmless against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney's fee) that may be suffered by OnlineTyari as a consequence of (i) violation of terms of this Policy by you; (ii) violation of applicable laws; (iii) any action or inaction resulting in willful misconduct or negligence on your part.
- This Policy shall be governed in accordance with the applicable laws in India. Courts at Delhi shall have the exclusive jurisdiction to settle any dispute that may arise under this Policy.
- OnlineTyari reserves the right to take any administrative and/or legal action including but not limited to termination of your eligibility for the offer or terminate your user account, or the accounts of referred users, if you are found;
- Opening multiple accounts with different email addresses, for the same person/yourself in order to generate additional money, sending invites to people using spam, display advertising, sponsored links, unsolicited e-mails, or links on message boards or forums; attempting to take/taking unfair advantage of the Offer, using false names, impersonating other people, or otherwise providing false or misleading information to Us; offering incentives to people who do not have existing accounts with OnlineTyari to register with OnlineTyari; violating any terms of this policy or any other terms and conditions on OnlineTyari.
Disclaimer
- The information contained in this site is authentic to the best of our knowledge. However,
OnlineTyari shall not be responsible for unintended errors that may have crept into this
site. We put efforts to ensure the accuracy and correctness of the information on
www.onlinetyari.com, but we cannot guarantee that there are no errors. No claims,
promises or warranties, express or implied, are made about the accuracy, completeness
or fitness for purpose of any material on this website. Liability for errors is expressly
disclaimed.
- We do not warrant that the Product description or other content anywhere on
OnlineTyari Platform is accurate, complete, reliable, current, or error-free and assume no
liability in this regard.
- We do not control, endorse or accept any responsibility of any of the products or services
listed on the OnlineTyari Platform. The Company shall not be held responsible for breach
of any rights/obligation related to any contracts between Buyer and Seller, and/or
infringement of any rights/IPR’s/copyrights of any of the products or services listed on the
OnlineTyari Platform.
- Each product/service may be subject to additional conditions by the Buyer, over which we
have no control. Buyer understands his/her responsibilities and is entering into a
contract, only after understanding all the related risks. We undertake no responsibility for
any actions of either the Buyer or Seller, in relation to any anything related to a contract
entered through the OnlineTyari Platform.
Liability
In no event shall Indiavidual Learning Private Limited be liable to you for any direct, indirect,
incidental, special, punitive, or consequential damages whatsoever resulting from any (i)
content, including any mistakes or inaccuracies therein, (ii) personal injury or property damage,
of any nature whatsoever, resulting from your use of our website, (iii) any unauthorized use of
our servers and/or any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses,
trojan horses, or the like, which may be transmitted to or through our website by any third
party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind
incurred as a result of your use of any content on or via the website, whether based on
warranty, contract, tort, or any other legal theory, and whether or not Indiavidual Learning Private Limited is advised of the possibility of such damages. The foregoing limitation of
liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Indiavidual Learning Private Limited shall not be liable for
user submissions or the defamatory, offensive, or illegal conduct of any third party and that the
risk of harm or damage from the foregoing rests entirely with you.
Complaints and Grievance Redressal
Any complaints or concerns with regard to the content of OnlineTyari Platform or breach of these Terms of Use or any intellectual property of any user shall be immediately informed to the designated Grievance Officer as mentioned below:
Mr. Gautham Muthuravichandran (Grievance Officer)
Bizzhub Workspaces (Aspire), 1st Floor,
Plot No. 36, 100 Feet Road, Sony World Junction,
Koramangala, Bengaluru, Karnataka – 560095
Indemnity
You agree to defend, indemnify and hold harmless Indiavidual Learning Private Limited and
its owner(s) from and against any and all claims, damages, obligations, losses, liabilities, costs
and expenses (including but not limited to attorney's fees) arising from: (i) your use of the
website; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which
apply to your User Submission; (iv) your violation of any third party right, including without
limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your
User Submissions caused damage to a third party. This defense and indemnification obligation
will survive these Terms & Conditions and your use of the website.
Notice of Copyright Infringement
Indiavidual Learning Private Limited is not liable for any infringement of copyright arising out
of materials posted on or transmitted through the site, or items advertised on the site, by end
users or any other third parties. In the event you have any grievance in relation to any Content
uploaded on the Site, you may contact us at info@onlinetyari.com or write at the following
address:
Indiavidual Learning Private Limited
Bizzhub Workspaces (Aspire), 1st Floor,
Plot No. 36, 100 Feet Road, Sony World Junction,
Koramangala, Bengaluru, Karnataka – 560095
India
We request you to please provide the following information in your complaint:
- A physical or electronic signature of a person authorized to act on behalf of the
copyright owner for the purposes of the complaint.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our website that is claimed to be infringing or to be the
subject of infringing activity.
- The address, telephone number or e-mail address of the complaining party.
- A statement that the complaining party has a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent or the
law.
- A statement, under penalty of perjury, that the information in the notice of copyright
infringement is accurate, and that the complaining party is authorized to act on behalf
of the owner of the right that is allegedly infringed.
To send periodic sms,
We may use your mobile number registered with us to send user information and updates pertaining to your transactions. It may also be used to respond to your queries, questions and/or other updates. By agreeing to these terms, you will receive sms that may include company news, alerts, updates, related product or service information, etc. If at any time you would like to opt out from receiving sms, you can write to us at support@onlinetyari.com.