Terms & Conditions
1) About us:
Welcome to AASHAH app operated by A. A. Shah’s group of companies (hereinafter referred to as ‘the Company’)
By accessing the AASHAH application or the websites found at www.aashah.com & www.youngias.com whether through a mobile device, mobile application or computer (Collectively called as the Services”) you/ the User/s/the user of the App hereby expressly agree that the Terms of Service (the “Agreement”) as mentioned herein under the heading ‘Terms & Conditions’ are legally binding upon you and you give your free consent to be governed by provisions the Terms of Service herein. Further, these Terms of Service constitute a legally binding agreement between you and the Company (including all its subsidiaries, related and/or associated companies – These entities are collectively referred to as “the Company”, “We”, “Us” or “Our”), the owner or proprietor of all the rights in and to the App and/or Service, and you, the user of the App and/or the Service. Supplementary terms and conditions may apply to some of Our Services such as rules for a particular contest, Content, membership, Application or other activities accessible through the services. If and when applicable such supplementary terms may be communicated or notified to you in connection with such contest, content or services. The provisions of supplementary terms shall prevail over these Terms in case of conflict between these Terms and Supplementary terms to the extent of such conflict. You shall be responsible for reviewing these Terms or the Supplementary terms for update from time to time and by continuing to use the Services you will be deemed to have agreed to and accepted any change or amendments to these Terms. If you do not agree to any change to these Terms, you must discontinue using our Services with immediate effect.
2) Eligibility for Account Creation:
Neither the websites nor the App shall be available to any user/s who has/have been previously suspended or removed from the website/s by the Company or any person under the age of 18 years, whose registration has not been or was not approved by a legal parent or guardian. Once “I Agree” button is clicked or otherwise an account with us or the Website/s or the App is registered or used, we presume that you confirm and represent the following : (a) You have not been previously suspended or removed from the Website/s or the App as the case may be (b) You have attained the age of majority under the Indian laws or Your parent and/or legal guardian has given their free consent to your use of the Website/s or the App (c) Your registration and use of the Website/s or the App is in compliance with any and all applicable laws and regulations which govern the Website/s or the App or the Company.
While registering and creating an account with the App or with Website/s, you may be asked to provide your password in the form of one-time-password (OTP) for creation and usage of the account. The company or the Website/s or the App does not take the responsibility of confidentiality of your account and the OTP if you divulge such OTP or account information to any third person and in such a case, you shall be solely responsible for all the activity/activities) done in your account. You further agree that all the credentials or information provided by you to the App or the Website/s are true, accurate, genuine updated and complete and shall be updated from time to time. The App or the Company does not take the responsibility to authenticate the veracity of the information provided by you while registering or using the App or the website/s.
3) User/Child User:
In case you are a user of the Services and you are below the age of majority (hereinafter referred to as “child user”) then you may not be allowed to use the Services unless your legal parent and / or legal guardian has consented on your behalf for the use of the Services. A child user may not have full or any access to the Services or restricted registration process unless the legal parent or the legal guardian has consented for the registration or usage of the Services by such child user. To enable the usage of the Services by a child user his or her legal parent or legal guardian may create, register, manage and approve child user account only for his/her own child/children or ward/s for whom they are acting as a legal parent/guardian. The legal parent and / or the legal guardian of such child user shall assume all the responsibility and liability on behalf of such child user. Whenever any account is registered and/or used for or on behalf of a child user it shall be presumed that the legal parent or the legal guardian, as the case may be, has consented for the registration or usage of the Services by such child user. It shall further be presumed that such person is acting in the capacity of legal parent or legal guardian of the child user and as such shall be bound, without any limitation, by the terms of service contract and as such shall be liable for all consequences arising therefrom. Being the legal parent and / or the legal guardian of the Child User you acknowledge, without any reservations, and agree that the Company may make any inquiries, directly or indirectly, in order to validate your registration information and the Company has all the rights to take appropriate legal action against such legal parent or the legal guardian, as the case may be, for all the acts and omissions including the concealment, misrepresentations about their personal identity or otherwise and conceal about their personal information
4) Limited Grant of License.
Subject to your compliance with these Terms of Service and applicable laws, we hereby grant you a limited non–exclusive, nontransferable license to download the device and to run such copy of the App solely for your own personal use. We do not license nor grant any rights to you in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non–transferable, personal right to use and receive the Services in accordance with the terms of service mentioned herein..
You further agree that you will not use license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way modify or make derivative works based upon the Services or App, create internet “links” to the Services or “frame” or “mirror” any App on any other server or wireless or internet–based device, reverse engineer or access the App in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Services or App or copy any ideas, features, functions or graphics of the Services or App or launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the services or App or remove any copyright, trademark or other proprietary notices from any portion of the Services or attempt to gain unauthorized access to or impair any aspect of the services or its related systems or networks.
You further agree that you will not circumvent or disable any content protection system or digital right management technology used in any of our Service and shall not use any of our Service which is either in derogation or violation of applicable laws of India, export control and economic sanctions requirement. As and when required, the App or the Company may permit you and other Users to post notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and Communications (Collectively, “User Postings”) and the posting, creation, or modification by you and other users of computer code (including source code and object code) (“User Code”) (User Postings and User Code, Collectively, “User Content”.) You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.
5) User Content License:
By Posting, submitting or distributing User Content on or through the Website, you hereby grant to us a worldwide. non–exclusive, transferable, assignable, fully paid –up, royalty–free, perpetual, irrevocable right and license to host, transfer, display, perform reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) for the purpose of providing better Service or improved service or to develop a new product for our Users. We may capture your timing, accuracy, strength, weakness, performance response, while you play and learn via the App, to guide or to mentor you in your specified area of study or the syllabus including but not limited to the syllabus which you opt in the App for your studies. Further, the company shall have the right to Application/ Services/ Products and the contents thereof by the User/Student, to analyse such usage and discuss the same with the User/Student to enable effective and efficient usage of the Services. The User expressly permits the company to clear the doubts of the student using the Application/Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e–mail on express consent of the legal guardian / parent of the User or through any other forum.
You shall be solely responsible for your User Content and the consequences of posting, creating, or publishing them. You further represent and warrant that : (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize us and our users to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by us and these Terms : (2) Your User Content does not and will not : (a) infringe, violate, or misappropriate any third-party right, including any copyright , trademark, patent, Trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (3) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
Further, the company reserves the right to permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non–website users) to view. You acknowledge and agree that, although we may provide certain features intended to allow you to restrict some User Content you create from others, we do not guarantee that such User Content will never be accessible by others, In the event of unauthorized access, we will use reasonable efforts to notify you, we hereby disclaim any and all liability with respect to any unauthorized access to any restricted User Content.
6) User Interaction with Others:
You shall be solely responsible for your interactions with other users. You understand that the Company currently doesn’t conduct criminal background checks or screenings on its users. The Company also doesn’t inquire into the backgrounds of all or any of its users or attempt to verify the statements of its users. The Company makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. The Company reserves the right to conduct any criminal background check or other screenings, at any time and also to use available public records.
Under no circumstances the Company, including but not limited to its affiliates, subsidiary, holding companies or partners shall be responsible or liable (whether directly or indirectly) for any losses or damages whatsoever, whether direct or indirect, general, special, compensatory, consequential, and/ or incidental, arising out of or in relation to the conduct of yours’ or anyone else in connection with the use of the service including but not limited to emotional distress, and/or any other damages resulting from communications or meeting with other users or persons you meet through the Service.
7) Renewal of Subscription by You:
You have the option to cancel your subscription for any additional feature of the App at any time. Once you choose to end your subscription for additional feature of the App or the Service, your subscription will not be renewed on the next auto-renewal date and you may have access to use the additional feature of the App till such date, after which your account will be automatically downgraded or access to additional features of the App will be restricted or blocked.
8) Cancellation by Us:
We reserve the right to cancel your subscription for any additional feature of the App at any point of time for any reason, with or without notice.
9) Currency Fluctuation:
The Website/s billing and payment services operate in INR (Indian Rupees) and therefore Website/s or the Company or the App shall not be liable for any currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than INR (Indian Rupees), nor is Website or the company or the App shall be responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account, credit card account, G-Pay or PayPal or similar payment account.
10) Refund policy:
Unless otherwise required by law, the paid subscription of the App is non-refundable irrespective of the usage of such subscription by you. You agree that you shall not demand for any kind of refund for pre-paid subscription of the App or the Service at any point of time for whatsoever reason.
11) Change in Subscription Price:
The Company reserves the right to change the pricing of the paid subscription of the App at any time. Any change in such price shall be communicated to you or displayed on the App at the time of usage of the Service on of the App.
12) Prohibited Activities:
You may engage only in educational and study-related activities while using the Service. Any activity, which has no bearing or relation to the education, study of the Courses mentioned and or covered in the Website/s, App or Services shall be considered as violating the provisions of this contract.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including without limitation, terminating your account and/or access to the Service, reporting to appropriate authorities, including law enforcement authorities or seeking other legal remedies.
Prohibited activities include, but are not limited, to:
(a) Criminal or tortious activity, including pornography, fraud, child trafficking, us of obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets, immoral, unethical, anti-social or anti-national activities ;
(b) Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software which is part of the Service;
(c) Impersonating or attempting to impersonate another user, person or entity;
(d) Using the account, username, or password / OTP of another user at any time, or disclosing your password / OTP to any third party, or permitting any third party to access your account;
(e) Using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do so;
(f) Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of, or access to, a computer or a computer network;
(g) Any automated use of the system, such as, but not limited to, using scripts to create or post Content;
(h) Interfering with, disrupting or creating an undue burden on the Service or the networks or services connected to the Service;
(i) Displaying an unauthorized commercial advertisement on the Service, or accepting, payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Service on behalf of that party;
(j) Reproducing, duplicating, copying, selling, reselling, trading, or exploiting for any commercial purposes, any portion of, or access to, the Content and/or functionality offered through the Service, unless you have been specifically allowed to do so in a separate agreement;
(k) Using the Service in a manner inconsistent with any and all applicable laws or regulations.
(l) Quiz / Contest / Scholarship Test that you enter on a Service may have supplemental rules and/or conditions, but the following general rules apply, in absence of contrary terms, in any supplementary rules or conditions for the quiz / contest / test. If there are rules on conditions for a contest and such rules or conditions conflict with these terms, the provisions contained in the rules and conditions shall govern and apply to the quiz / contest / test.
We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Quiz/Contest/test entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. We reserve the right to modify, suspend, cancel or terminate a quiz/contest/test or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the contest can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically. If we cancel or terminate a contest, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the contest.
To enter into a quiz/contest/test, the same must be open to residents in your country and you must be a registered user of the Services and have an active account with current contact information. The quiz/contest/test are not open to our employees (or their immediate families) or anyone else professionally associated with the quiz/contest/test. If you are below the age of 18 years (or under the age of majority under applicable law) and the quiz/contest/test is open to you, you are required to submit your parent or guardian’s consent before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person.
“Young IAS Talent Hunt” Scholarship Test details are available in the App.
Our Services are provided “as is” and “as available.” We disclaim all conditions, representations and warranties not expressly set out in these terms to the fullest extent permitted by applicable law.
We do not guarantee the accuracy, completeness, or usefulness of any third–party content provided.
Through the service, or adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the service. Under no circumstances, will the company or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the service, or transmitted to or by any users.
The Company’s products and / or Services, including the App and content, are compatible only with certain devices/tablets/instruments/hardware. The Company is not under any kind of obligation to provide workable products and / or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Company’s products and Services. The company reserves the right to upgrade the table/type of compatible devices as required from time to time.
Further, The Company shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from your use of our product/s and Services.
15) Limitation of Liability:
You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of (or alleged to be the result of) any incorrect or inaccurate content posted in the Service, whether caused by users or any of the equipment or programming associated, with or utilized in the Service;
- the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications or personalization settings;
- the conduct, whether online or offline, of any user:
- any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or
- any problem, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Service.
You agree to defend, hold harmless and indemnify the Company including but not limited to its affiliates , subsidiary, parent company, officers, employees, directors and agents from and against any and all losses, costs, expenses, damages or other liabilities incurred by the Company from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Website/s or the App: (1) in connection with your use of the Services including any, payment obligations incurred through use of the website billing and payment services; or (2) resulting from: (a) your use of the Website or the App (b) your decision to supply credit information via the Website or the App, including personal financial information; (c) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by you as a User; Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defence or settlement thereof; and (iii) allowing you to control such defence or settlement. We shall be entitled to participate in such defence through our own counsel at our own cost and, expense. We reserve the right to report any wrongdoing of which we become aware to the appropriate government agencies or otherwise.
17) Term and Termination:
These Terms of the Agreement shall remain in full force and effect while you use the Service and/or have a registered account with us. The Company reserves the right to terminate or suspend your account at any time without notice if the Company reasonably believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
18) Governing Laws & Disputes:
These Terms shall be governed by and construed in accordance with the laws of India. Both you and us agree to submit to the exclusive jurisdiction of the courts of Mumbai as regards any dispute or matter arising under these Terms.
(a) You shall not assign or transfer any of your rights or obligations under these Terms to any person without our prior written approval. We may assign and transfer any of our rights and obligations under these Terms to any person.
(b) 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 by email to firstname.lastname@example.org under copy to email@example.com
(c) If any provision under these Terms is rendered void, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected by it and shall continue to apply.
(d) The original text of these Terms is in English. In the event of any inconsistency between the English text and any other language translation, the English text shall prevail.
(e) No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
(f) Any feedback you provide with respect to the Application shall be deemed to be non-confidential. The Application 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 yours or of any third party; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application 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.
(g) The Company reserves the right to retain the information provided by you, while registering yourself with the App or while using the App, in any form of data for its internal purposes. And you will not request the Company for deletion of data unless it is a mandatory requirement under the applicable provisions of the laws of India. Further, the Company reserves the right to change, delete, temporarily or completely suspend certain features of the App without any notice to you.
(h) The provisions related to Indemnity, deletion of information / data, Governing Laws & Dispute shall deem to survive even after the termination of these Terms of Service or uninstallation, deletion or removal of the App from Your mobile device or any other device which supports the functionality of the App whichever is earlier.
(i) If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Service, 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.
(j) You acknowledge that your participation on the Application, does not make you an employee or agent or partner or joint venture or franchisee of the Company.
The Terms of Service are specifically made known to you before you register and start using the website/s, application, app and services hereunder.
You acknowledge that, the Company has given you a reasonable opportunity to review these Terms and that you have agreed to the same.