1. This page states the “Terms of Use” under which You may use Orkids and its website, which provides remedial intervention to children with special needs, especially those with learning disabilities, ADD/ADHD, autism, asperger’s syndrome, intellectual impairment, hearing impairment, partial visual impairment and development delays. Orkids also provides programs for enhancement of study skills and creative expression and training in National Institute of Open School (NIOS) Curriculum. Orkids also conducts teacher training courses for special education.

2. These Terms of Use include the Privacy Policy which is incorporated into these Terms of Use by reference. By using the website, you are indicating your agreement to these Terms of Use, including the Privacy Policy.

3. DEFINITIONS
“you” or “your” (including upper or lower case instances of these words in the Terms) refers to any individual accessing and using the Site and Digital products and services whether as a registered user or guest.
“user” refers to individuals who are registered users/subscribers of the Site by virtue of having an account with an associated unique user ID and password for accessing the Site(s) and using the Digital products and services.
“us” and “Company (including upper or lower case instances of these words in the Terms) refers to the collection of entities ( Orkids Education Systems Pvt Ltd & Orkids Foundation) that own or operate the Site and offer the Digital products and services in the countries in which the Digital products and services can be lawfully offered.
“Site” means the collection of websites, applications, and platforms owned or operated by us, including without limitation, www.orkidsped.com, and/or orkids.in, android and iOS applications offering the same or similar functionality as offered via the above domain.
“Digital products and services” means the various digital products and services offered via or through the Site from time to time.
“Personal Data” means data, whether true or not, about you from which you can be identified and any of which you provide to us, is deemed to be provided consensually, including without limitation, your personal details and payment information.
“User Information/ Data” means information you provide to us as part of registration and in the course of using the Orkids products and services, and includes, without limitation, UGC.
“User Generated Content” or “UGC” means any content created, generated, uploaded by, or originating from or through you that is available at or through the Site or Digital products and services, including without limitation content and logs of communications between you and other users of the Site or us.

4. If you do not agree to any of these terms, the Privacy Policy please do not use the Service. The Service is provided by ORKIDS [Which includes both Orkids Education Systems Pvt Ltd and Orkids Foundation – A Society] which, along with its products and services, is referred to as “Orkids” in these Terms of Service.

5. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. Orkids may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

6. By visiting www.orkidsped.com or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use www.orkidsped.com and/or www.orkids.in in a manner consistent with any and all applicable laws and regulations.

7. In order to access some features of the Service provided by Orkids, you will have to create a User Account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Orkids immediately of any breach of security or unauthorized use of your account. Although the company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Company or others due to such unauthorized use.

8. The contents of www.orkidsped.com/ www.orkids.in, and of all other websites under the Company’s control, whether partial or otherwise or partner websites such as text, graphics, images, logos, button icons, software and other Content, are protected under both India and foreign copyright, trademark and other laws. All Content is the property of the Company. The compilation (meaning the collection, arrangement and assembly) of all content on the Orkids website are the exclusive property of the Company and protected by Indian and international copyright / trademark laws. The User/Subscriber/Visitor to the site and/or its affiliated websites does hereby specifically agree that he/she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made there under, while assessing or feeding any resume/ insertion or information/data into the computers, computer systems. The said User/ subscriber/ visitor to www.orkidsped.com and/or www.orkids.in and/or its affiliated websites does further unequivocally declare that in case he violates any provisions of the Information Technology Act, 2000 and/or rules, regulations, guidelines, byelaws and notifications made thereunder, he shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.

9. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from India or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise.
• To delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including searching, monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Reverse engineer, decompile, or disassemble, or otherwise tamper with the Website software or content to, among other things, create derivative works.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

10. The company reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the Orkids Sites and/or terminating the offending User’s ability to access the Sites and/or use any services. The Company may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

11. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Platform and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed on the website for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Orkids.

12. When You register with Orkids, You will be asked to provide the Company with certain information including, without limitation, a valid email address (your “Information”). In addition to the Terms of Use and any privacy policy applicable to any Orkids Web Site, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application.

13. Purchase Qualifications; Account Security
To make a purchase on Orkids website, you must comply with these Terms of Service/Sale. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases/ registration and other activities that occur under your account. Orkids reserves the right to refuse or cancel orders at any time in its sole discretion.

14. Termination
Termination by you: You may, at any point in time, choose to terminate your subscription to a service by sending us an e-mail. Such termination will not change any amounts due to us.

15. Termination by Orkids
Breach of any of the terms of this Agreement constitutes a termination of the Agreement. Any and all amounts due under this Agreement shall survive the Terms of this Agreement.

16. If you fail, or Orkids suspects that you have failed, to comply with any of the provisions of the Terms, including but not limited to failure to make payment of fees due, failure to provide Orkids with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties’ rights, Orkids, after notice of 07 days to rectify such failure to you, may terminate your subscription and/or your Account if such failure on your part still continues. No refunds will be issued for early Termination.

17. Refund incase of incorrect fee payment
Services purchased will not be refunded or changed to another program on grounds of incorrect selection at the time of purchase.

18. Refund incase of server error
In case the same service is purchased twice due to some server error, the following refund rules will apply. If the Client informs us within 7 days, full refund would be done thereafter he/she would be provided with a credit note.

19. Payment Method and Terms
We currently accept the following forms of payment:

For offline payment:

• Demand draft in favour of “_Orkids Education Systems Pvt Ltd /or Orkids Foundation” payable at New Delhi

For online payment:
• Credit cards and certain Debit cards
• Direct Debit of accounts with certain banks
• PayTM

Note: By submitting an order through Orkids website, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount.

20. The Company reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties.

21. You are solely responsible for your Account information, content, messages or other information (“User Content”) that You submit, publish or display (hereinafter, “post”) on this website or transmit to other Users. By posting User Content to this website, You automatically grant, and You represent and warrant that You have the right to grant, to the company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof.

22. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

23. The Company has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, the Company may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. The Company has no liability or responsibility to Users for performance or of such activities.

24. The user expressly states that the resume/insertion or information/ data being uploaded by the user is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts or averments. The Company expressly disclaims any liability arising out of the said resume insertion/information/ data so uploaded by the user. Further, the user agrees to indemnify the Company for all losses incurred by the Company due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the user on the website.

25. The user is responsible for maintaining the confidentiality of the Account and passwords. The user shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by the user. The user further agrees to immediately notify the Company of any unauthorized use of your Account, and passwords.

26. The company does not warrant that the website will operate error-free or that any of its servers are free of computer viruses or other harmful mechanisms. If your use of any Orkids site or the content results in the need for servicing or replacing equipment or data, the company is not responsible for those costs. The contents are provided on an “as is” basis without any warranties of any kind. The company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The company makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.

27. The company would not be held liable for any loss of data, technical or otherwise, information, particulars supplied by the subscriber, due the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond the company’s reasonable control including but not limited to strike, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.

28. The company’s maximum liability arising out of or in connection with this website or your use of the content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed Rs.1000.

29. www.orkidsped.com and/or www.orkids.in may contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.

30. You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to this website, (ii) your use of any Site Content, or (iii) your breach of the terms of these Terms of Use. The Company shall provide notice to You promptly of any such claim, suit, or proceeding.

31. These Terms of Use are governed by the laws of India, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the Court at New Delhi, India. If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

32. From time to time we may request you to provide Personal Data to us. We may also collect your Personal Data through the use of cookies and other tools to track your access and use of the Site and Digital products and services. By providing us such data, you are consenting to us using your Personal Data in connection with the provision of the Site and Digital products and services. Such use may extend to, without limitation, internal analysis of such data by us, provision of such data to our personnel and third parties authorized by us to access such data (all of whom shall be subject to appropriate confidentiality obligations in respect of such data) and to transmittal of such data outside the countries, subject again to any persons accessing or handling such data outside your location jurisdiction (where you first registered as a user from) being subject to appropriate confidentiality obligations such that your Personal Data is handled with care to a standard no lower than required by any data protection laws in your location jurisdiction.

33. When we use your Personal Data, we will do so in compliance with the applicable laws of your location jurisdiction (subject to the consents you have provided through your acceptance of these Terms). When we provide any of your Personal Data to third parties, we shall do so in accordance with this Privacy Policy. In the event you wish to utilize opt-out or right to be forgotten rights available to you in your location jurisdiction, please notify us in writing citing the laws upon which you rely, and we will comply with your request in a reasonable time to the extent required by the relevant laws.

34. These Terms of Use will remain in full force and effect while You are a User of Orkids and its affiliate sites at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from Orkids Sites and immediate termination of your registration with or ability to access Orkids Sites and/or any other services provided to You by the Company, upon any breach by You of these Terms of Use.

35. For Courses and workshops:
All cancellations received
At least 4 weeks before the start of the course, registration refunds are subject to a 5% cancellation fee,
Up to 3 weeks before the start of the course, registration refunds are subject to a 30% cancellation fee,
Up to 2 weeks before the start of the course, registration refunds are subject to a 50% cancellation fee.

No refunds will be made for requests received after that time.
Cancellation requests must be received in writing by
e-mail (info@orkids.in) or
by post (16/7, Kalkaji. New Delhi-110019 ATTN: Course Coordinator)
Refunds will be issued in the same form as the payment was made. Please allow two weeks for processing. Registrants who cancel will not receive course materials.