Terms & Conditions

The domain name, Website and the Apps are owned, registered and operated by Wavelength Educare Private Limited, a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at 401, Professional Plaza, 17 Fyati Nagar, Near Mathar Point, Old Padra Road, Vadodara, Gujarat, India, 390005 (hereinafter referred to as "The Vivitsu" or "us" or "we" or "our" or "Company").

These Terms and Conditions apply to all Users of the The Vivitsu Platform, including educators who are also contributors of User Content on the The Vivitsu Platform. The The Vivitsu Platform includes all aspects of the Website and Apps which includes but is not limited to products, software and service offered via the The Vivitsu Platform, such as the The Vivitsu online platform, The Vivitsu Plus - Subscription, The Vivitsu Bytes and any other service or application that The Vivitsu introduces from time to time.

The Vivitsu Platform is an online platform that supports and facilitates the online creation of educational videos/or tutorials, by the Users of the The Vivitsu Platform and acts as an intermediary between the educator and the User. A User may create a video, audio clip or tutorial, by using the The Vivitsu Platform. Such content uploaded through the use of the The Vivitsu Platform shall hereinafter be referred to as "User Content". You agree and acknowledge that The Vivitsu has no control over and assumes no responsibility for, the User Content and by using the The Vivitsu Platform, you expressly relieve The Vivitsu from any and all liability arising from the User Content.

The The Vivitsu Platform may include or contain links to any third-party websites that may or may not be owned or controlled by The Vivitsu. The Vivitsu has no control over, and assumes no responsibility for, the content, Privacy Policies, or practices of any third-party websites. In addition, The Vivitsu will not and cannot censor or edit the content of any third-party site. By using the The Vivitsu Platform, you expressly relieve The Vivitsu from any and all liability arising from your use of any third-party website or services. However, we recommend that before you use any third-party services or website you read and understand the Terms and Conditions and Privacy Policy of each such website that you visit.

Subject to these Terms and Conditions, Privacy Policy and all other rules and policies made available or published elsewhere, The Vivitsu hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the The Vivitsu Platform in accordance with these Terms and Conditions.

You agree and acknowledge that The Vivitsu shall have the right at any time to change or discontinue any aspect or feature of the The Vivitsu Platform, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, The Vivitsu may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. The Vivitsu reserves the right to refuse access to the The Vivitsu Platform, terminate Accounts, remove or edit contents without any notice to You.

In order to access some of the features of the The Vivitsu Platform, you may have to create your account with The Vivitsu. You agree and confirm that you will never use another User's account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify The Vivitsu immediately of any breach of security or unauthorized use of your account. At no point in time will The Vivitsu be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to The Vivitsu or others due to such unauthorized use, if any. The Vivitsu takes no responsibility for any User Content that is uploaded on the The Vivitsu Platform, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the The Vivitsu Platform provided herein.

The Vivitsu hereby grants you permission to access and use the The Vivitsu Platform as set forth in these Terms and Conditions, provided that:

• You agree not to distribute in any medium any part of the The Vivitsu Platform or the content without The Vivitsu's prior written authorization.
• You agree not to alter or modify any part of the The Vivitsu Platform.
• You agree not to access content of any other User through any technology or means other than the video playback pages of the The Vivitsu Platform itself.
• You agree not to use the The Vivitsu Platform for any of the following commercial uses unless you obtain The Vivitsu's prior written approval: the sale of access to the The Vivitsu Platform; the sale of advertising, sponsorships, or promotions placed on or within the The Vivitsu Platform or content; or the sale of advertising, sponsorships, or promotions on any page or website that provide similar The Vivitsu Platform as that of The Vivitsu.
• You agree to receive installs and updates from time to time from The Vivitsu. These updates are designed to improve, enhance and further develop the The Vivitsu Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit The Vivitsu to deliver these to you) as part of your use of the The Vivitsu Platform.
• You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the The Vivitsu Platform in a manner that sends more request messages to The Vivitsu's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

The Vivitsu reserves the right to discontinue any aspect of the The Vivitsu Platform at any time with or without notice at its sole discretion.

As an The Vivitsu User, you may submit User Content on the The Vivitsu Platform, including videos and User comments. You understand that The Vivitsu does not guarantee any confidentiality with respect to any User Content you submit.

You shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content on the The Vivitsu Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you grant limited license to The Vivitsu to all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the The Vivitsu Platform pursuant to these Terms and Conditions for the duration the said User Content is available on The Vivitsu Platform.

The Vivitsu does not endorse any User Content submitted on the The Vivitsu Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and The Vivitsu expressly disclaims any and all liability in connection with User Content. The Vivitsu does not permit copyright infringing activities and infringement of intellectual property rights on the The Vivitsu Platform, and The Vivitsu will remove all User Content if properly notified that such Content infringes on another's intellectual property rights.

The The Vivitsu Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the The Vivitsu Platform is owned and controlled by The Vivitsu and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content. Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, The Vivitsu owns all IPR to and into the trademark "The Vivitsu", "The Vivitsu PLUS" and the The Vivitsu Platform. The mark "The Vivitsu" is the sole property of The Vivitsu. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from The Vivitsu.

All payments are final and no refunds will be issued. In case of any complaint please contact Customer Service at info@thevivitsu.com

The Vivitsu will terminate a User's access to the The Vivitsu Platform, if The User is a repeat copyright infringer; The Users breaches any terms of these Terms and Conditions. Violation of any applicable laws; Your use of the The Vivitsu Platform disrupts our business operations or affects any other party/ User; or You have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against The Vivitsu. The Vivitsu reserves the right to decide whether User Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that The Vivitsu deems fit from time to time. The Vivitsu may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's account for submitting such material in violation of these Terms and Conditions.

In case any of the above-mentioned cases occur, The Vivitsu reserves the right, in its sole discretion, to terminate or suspend the User's account with immediate effect. Upon suspension or termination of the User's account: The Vivitsu shall at its sole discretion withhold or stop any and all payments that are to be made to such User and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute. Payments shall not be made for the work that is the subject matter of any of the breaches. User access shall be terminated immediately, and the User shall not be able to access the said terminated account.

The Vivitsu operates a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party.

As part of The Vivitsu's copyright policy, The Vivitsu will terminate User access to the The Vivitsu Platform if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@thevivitsu.com

You will not without obtaining prior written consent of The Vivitsu, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the The Vivitsu Platform. For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to The Vivitsu or The Vivitsu Platform which are not available in the public domain.

You agree that your use of the The Vivitsu Platform shall be at your sole risk. To the fullest extent permitted by law, The Vivitsu, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the The Vivitsu Platform and your use thereof. The Vivitsu does not warrant, endorse, guarantee, or assume responsibility for any user content or The Vivitsu Platform advertised or offered by a third party through the The Vivitsu Platform or any hyperlinked services or featured in any banner or other advertising.

To the fullest extent permitted by law, in no event shall The Vivitsu, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of user content, personal injury or property damage, unauthorized access to or use of our secure servers, any interruption or cessation of transmission to or from The Vivitsu Platform, any bugs or viruses, or any errors or omissions in any user content.

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the The Vivitsu Platform.

The Vivitsu shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.

These Terms and Conditions are 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 and Conditions for access or usage of the The Vivitsu Platform.

Certain laws require to maintain data with respect to the The Vivitsu Platform and other personal information in a prescribed format and The Vivitsu will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.

The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Vadodara, Gujarat, India.

The Vivitsu may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the The Vivitsu Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications.

If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the The Vivitsu Platform shall be in writing and sent to the registered office of The Vivitsu. We do not guarantee continuous, uninterrupted or secure access to the The Vivitsu Platform, and operation of the The Vivitsu Platform may be interfered by numerous factors outside our control.