Terms & Conditions
Cancellations & Refunds
Deferrals & Exchanges

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Terms of Use

These terms of use is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. These terms of use does not require any physical, electronic or digital signature.

This document is published and shall be construed in accordance with the provisions of rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 prescribed under Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website.

These terms of use is a legally binding document between ClassAvatar website and user (both terms defined below). These terms of use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between the ClassAvatar website and user for the use of the website (defined below).

Please read these terms of use carefully. By using the website, you indicate that you understand, agree and consent to these terms of use. If you do not agree with the terms of these terms of use, please do not use this website. You hereby provide your unconditional consent or agreements to ClassAvatar website as provided under section 43a and section 72a of Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines) Rules, 2011.

These Terms of Use of the website located at the URL www.classavatar.com , mobile sites or mobile Website (“Website”) is between Vrexbot Tech  Private Limited (“ClassAvatar Website” or “We” or “Us” or “Our”), a company incorporated under the Companies Act, 2013 with its registered office situated at  and the guest users or registered users of the Website (“You” or “Your” or “Yourself” or “User”) describe the terms on which the ClassAvatar Website offers You access to the Website and such other services as are incidental and ancillary thereto (“Services”).

These Terms of Use is a contract between You and ClassAvatar Website. These Terms of Use shall be read together with the Privacy Policy or other terms and condition with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as “Agreement(s)”) constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

Interpretation

a) Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
b) Headings and captions are used for convenience only and will not affect the interpretation of these Terms of Use.
c) Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as ClassAvatar Website will, unless repugnant to the context, include its affiliates, successors and permitted assignees.

Account registration and security

a) You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.

b) Registered users: ClassAvatar Website makes certain sections of the Services available to You through the Website , its metaverse platform & its allied partner platforms only if You have provided ClassAvatar Website certain required User information and created an account and a ClassAvatar Website ID through certain log-in ID and password (“Account”). In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) to not share your account credentials with anyone else, (b) immediately notify ClassAvatar Website of any unauthorized use of Your Account Information or any other breach of security, and (c) ensure that You exit from Your Account at the end of each session. ClassAvatar Website cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by ClassAvatar Website or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential. You shall ensure that the Account information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account information for availing the Services is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ClassAvatar Website has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ClassAvatar Website has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

c) Guest users: The Website also allows limited access to the Services for unregistered Users (also called as ‘guest users’). Such users will be able to browse the Website.

Students must be 18 years of age to create an account on the ClassAvatar website and use the services. If you are below this age of consent, you may not create a ClassAvatar account. If we discover that you have created an account that violates these rules, we will terminate your account.

Payments, Cancellation, Deferrals, and Refunds

 FEE DOWNPAYMENT & SUBSCRIPTIONS

For the benefit of learners, the program fee is divided in 9 payments payable each month – Downpayment + 8 installments.  For some learners, there will be no downpayment but an EMI Facility of 9 months . An invoice will be sent after every 30 days for payment of the requisite corresponding amount. It is the responsibility of the learner to pay the fee within 3 days of receipt of invoice . ClassAvatar receives the rights to block access to the program for non payment of fees. It also reserves the right for non issuance of certificate and/or not allowing for any interviews / sessions for those whose fees are not paid. 

 COURSE CANCELLATION POLICY

BY ACCESSING OR AVAILING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS CONTAINED IN THIS COURSE CANCELLATION POLICY. IF YOU DO NOT AGREE TO THE TERMS IN THIS COURSE CANCELLATION POLICY, YOU ARE ADVISED NOT TO ACCESS OR AVAIL OUR SERVICES.

DEFINITIONS

  1. “Business Days” means a day that is not a Saturday, Sunday, public holiday or a bank holiday in India or in the state where our office is located.
  2. “Commencement Date” means the date on which the course provided by Us and opted by You commences. i.e., The Commencement Date will be the same as the first class of the course. In case of a deferral/transfer of batch, the Commencement Date shall be determined in the following manner:
  • If the batch deferral is requested by You, the Commencement Date will be the date of the first class of the first batch allotted.
  • If the batch deferral has been initiated by the ClassAvatar team, then ClassAvatar will communicate the Commencement Date with the acknowledgement of deferral.
  1. “Enrolment Date” means the date on which You enrol, by 
  • making the advance payment, or
  • commencing the loan process and submitting the necessary documents, or
  • by making advance payment and subsequently commencing the loan process, in which case, the Enrolment Date shall be the earlier of the two.

COURSE CANCELLATION REQUEST

  • A request shall only be raised by email to support@classavatar.com , after which a few details will be asked in response to your request. Once You send those details via email to Us, the respective team will get in touch with You within 24 working hours. 

COURSE CANCELLATION RULES

  • PRIOR TO COMMENCENT DATE :- If You request for a course cancellation prior to the Commencement Date, the cancellation will only be made, subject to our approval, withholding a cancellation fee of INR 17500 +18% GST =INR 20650 on the downpayment /EMI (if) paid. 
  • FIRST 90 DAYS (INCLUDING COMMENCEMENT DATE) :- Please note that after the Course Commencement Date, the course is non-refundable. Except, in case of an unfortunate and unforeseeable situation such as that of death or other medical conditions of the student, that renders the student incapable of continuing with the course, relevant documents have to be shared with Us. In such a scenario, the cancellation, subject to Our approval, would be by withholding a cancellation fee of INR 35000 +18% GST = INR 41300.

·        POST 90 DAYS – All Courses are non-cancellable and non-refundable after a period of 90 calendar days from the Course Commencement Date, in any case.

·        Kindly note no refund on hardware will be given in any case if you are buying from us or if we are facilitating it from a third party vendor. 

‍GENERAL 

  • Any Cancellations will only be made as per the terms mentioned above. 
  • The Cancellations shall only be made upon the sole discretion and approval by ClassAvatar
  • Cancellation request on grounds of medical issues will be limited to any medical conditions or hospitalisation of the Student.
  • Enrolment is non-cancellable and refunds are not permitted once a learner obtains a job offer in a related field during the course period.
  • No Refunds will be made with respect to the amount already paid in EMIs to the NBFCs.
  • Refunds, if any, shall be made to the source account from which We received Your payment. It shall be upon Our sole discretion to refund the amount to another account upon a written request made by you.  
  • Refund, if any, will be made within 90 Business Days from the approval of the refund request made by You

MODIFICATION

We reserve the right to modify this Course Cancellation Policy in whole or in part, at our discretion, at any time. The decision to amend may be due to changes in law or any other reason.

 

PROGRAM DEFERRAL & EXCHANGE POLICY

A. Pre-Batch Commencement

·        If You are unable to commence the course on the notified Commencement Date for your chosen batch due to unavoidable circumstances, You may request for a deferral. The deferral may be granted subject to payment of a fee that is over and above any other fees payable by You, including without limitation any other deferral fees or the program fees (“Deferral Fee”).

·        Deferral: Payment of Deferral Fee of Rs. 15000/- (Rupees Fifteen Thousand Only) + 18% GST

·        The deferral will only be effected upon receipt of the Deferral Fee from You.

·        A Pre-Batch Commencement Deferral may be requested to a batch commencing in a month that is within 3 months from the month on which the batch was intended to commence (for example; if You have applied for the January batch in a given year then You can request to defer to February, March or April batch of the same year) . Incase a batch is not available, ClassAvatar will enroll in the suitable earliest batch at a later date.

B. Post- Batch Commencement

·        If You are unable to dedicate time to your current batch due to unavoidable circumstances, You may request to be deferred to another batch.

·        Post-Batch Commencement requests will be considered only if made within 30 calendar days from the Commencement Date. If You request for a deferral after expiry of the aforementioned period, it will be treated as a new program request and full course fee for that program will be applicable.

·        A Post-Batch Commencement Deferral may be requested to a batch commencing in a month that is within 3 months from the month on which the batch was intended to commence (for example; if You have applied for the January batch in a given year then You can request to defer to February, March or April batch of the same year). Incase a batch is not available, ClassAvatar will enroll in the suitable earliest batch at a later date.

·        The deferral may be granted subject to payment of a fee that is over and above any other fees payable by You, including without limitation any other deferral fees or the program fees (“Deferral Fee”) . This Deferral fee is INR 15000+18% GST

·        The deferral will only be effected upon receipt of the Deferral Fee from You. Until the Deferral Fee and such other fees as mentioned herein are paid, You would be considered as a part of the current batch.

GENERAL

·        Any deferrals will only be done as per the terms mentioned above.

·        The deferrals shall be approved upon the sole discretion of ClassAvatar

·        Deferrals will be in effect within 30 Business Days from the approval of the deferral request made by You.

·        You will have 14 days (including holidays and weekends) from the date of deferral request to make the payment of the Deferral Fee, post which the deferral request will expire, and You will continue as part of Your current batch.

·        You cannot request for a deferral to a batch that is in session. Deferral can be requested only to batches that are yet to commence.

·        Once a deferral request is approved by ClassAvatar all access to the current batch would stand revoked.

·        Deferrals will not affect the EMI payment cycles, EMIs cannot be paused and you must continue to make the EMI payments during the deferred period.

·        In case, you wish to defer to a different program, the differential fees between the two cohorts has to be paid along with the Deferral Fees and such other fees stated herein. This rule is also applicable in case, ClassAvatar discontinues the original program for any reason and you wish to then switch to another program.

·        You can request for a maximum of one deferral during your journey at ClassAvatar (including pre & post batch commencement).

·        Deferral Fee is exclusive of all taxes.

MODIFICATION :-We reserve the right to modify this Deferral Policy in whole or in part, at any time at Our discretion, at any time. The decision to amend may be due to changes in law or any other reason.

 HARDWARE POLICY (incase it is sold on our platform or we facilitate it for you from a third party vendor)

·        Meta Quest 3 is not officially sold in India and hence there are no warranties, refunds or exchanges provided.  

·        The student is under no obligation to avail Meta Quest 3 from the ClassAvatar website and can very well source on their own.

·        ClassAvatar only facilitates the availability of Meta Quest 3 to the student via a 3rd party vendor.

·        Once the student pays to ClassAvatar for facilitating the purchase of Meta Quest 3 and if eventually cancels / drops out /defers the course for any reason, no refunds shall be provided for the hardware.

·        ClassAvatar bears no responsibility for the hardware, for any reason whatsoever, including but not limited to its functioning, performance, inclusions, breakage etc.

MODIFICATION:- We reserve the right to modify this Hardware Policy in whole or in part, at any time at our discretion, at any time. The decision to amend may be due to changes in law or any other reason.

 

Content and Behavior Rules

Termination of services by ClassAvatar without prior warning:

  • If , student misbehaves , used profanity or instigates any other student/s of ClassAvatar.
  • Creating unofficial groups and disturbing others and instigating them to take unnecessary steps /actions against the institution.
  • Sharing personal information of ClassAvatar employees and misleading others to not study/ or otherwise.
  • Sharing personal/learner specific data / Emails on any groups or otherwise.
  • Misbehaving with employees or instructors/Mentors in class or after in any capacity which can affect learning outcomes or mentally harass an individual.

Third Party Contents

·        a) We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between You and Us, You hereby assume all risk of harm or injury resulting from any such lack of compliance.

·        b) You acknowledge that when You access a link that leaves the Services, the site You will enter into is not controlled by Us and different terms of use and privacy policy may apply. By assessing links to other sites, You acknowledge that We are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Services, although we are under no obligation to do so.

Course Instructors, Faculty, Speakers

·        a) ClassAvatar facilitates Professors, Instructors, Industry Speakers, Guest speakers on its program for the benefit of learners. The timings , availability , subject of teaching, content of teaching is subject to change . Due to unavoidable circumstances, the advertised professors for the program may also change during the actual course of the program . The number of professors , speakers , instructors may also increase or decrease. You acknowledge that ClassAvatar completely retains the right to enable suitable changes as per the prevalent conditions. 

·        b) Any mischievous, unwanted, negative behaviour towards the professors, instructors, industry speakers, guest speakers will not be tolerated and strict action will be taken against the student. If you indulge in any such activity, we may be rusticate you from the program without any refund offered  and/or not allow to appear for any interviews held with us. 

ClassAvatar’s Rights to Content You Post

We are allowed to share your content to anyone through any media, including promoting it via advertising on other websites. When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize ClassAvatar to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with ClassAvatar for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you

ClassAvatar’s Rights

We own the ClassAvatar platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.

All right, title, and interest in and to the ClassAvatar platform and Services, including our website, our existing or future applications, our APIs, databases, and the course and content our instructors, employees or partners submit or provide through our Services are and will remain the exclusive property of ClassAvatar and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the India and foreign countries. Nothing gives you a right to use the “ClassAvatar” name or any of the ClassAvatar trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding ClassAvatar or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the ClassAvatar platform and Services:

·        access, tamper with, or use non-public areas of the platform (including content storage), ClassAvatar’s’ computer systems, or the technical delivery systems of ClassAvatar’s service providers,

·        disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.

·        copy, modify, download ,create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the ClassAvatar platform or Services.

·        access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.

·        in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as ClassAvatar); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services

Promotions, Discounts, Coupons

ClassAvatar Website reserves the right to offer the discounts/promotional offers to any Users of its own choice and shall not be held liable to any User for not offering the same. The discounts/offers have been made available at the sole discretion of ClassAvatar Website and are subject to change / amendment / modification from time to time. ClassAvatar Website at its sole discretion may at any time discontinue the discounts/offers without assigning any reasons or without any prior intimation whatsoever. The participation in discounts/offers is entirely voluntary and it is understood, that the participation by the User shall be deemed to have been made on a voluntary basis.

Course & Certificate Disclaimer

Course Disclaimer-The logos used on the ClassAvatar’s page of respective universities & Institutions. are the trademark & copyright of the respective universities & institutions. ClassAvatar is an independent content creator & facilitator of courses and the courses held are not designed , associated and / or licensed by the showcased universities & institutions but by ClassAvatar

Certificate Disclaimer–The content , design and signatory /signatories on the certificate issued are subject to change without prior notice and ClassAvatar deserves all rights on the same. Certificate advertised on the website or issued in a previous course may not be held as final certificate imparted.

Recruitment/Jobs Disclaimer – ClassAvatar makes no claims about guarantee of any jobs/roles during or after the completion of any programs. 

Miscellaneous Legal Terms

These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

Binding Agreement :- You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with ClassAvatar. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services. Any version of these Terms in a language other than English if is provided then it is for convenience only and you understand and agree that the English language will control if there is any conflict.These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us .If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

Disclaimers :- It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their content or you may not agree with their thoughts, suggestions or instructions. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will ClassAvatar or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features. We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

Limitation of Liability:-There may be risks inherent to using our Services, for example, if you apply certain course instructions and may not get desired results or they may not benefit you in any way. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the course fee paid by you for that particular course. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

 Indemnification:-If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless ClassAvatar, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

Governing Law and Jurisdiction :- When these Terms mention “ClassAvatar,” they’re referring to the ClassAvatar entity that you’re contracting with. Your contracting entity and governing law is Vrexbot Tech Private Limited, a private limited company incorporated under the Companies Act, 1956 and having its corporate office in Mumbai , India and all these terms are governed by the laws of India, without reference to its choice or conflicts of law principles, and you consent to the exclusive jurisdiction and venue of the courts in Mumbai, India.

Non Assignment :- You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person. 

 Legal Actions and Notices :- No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law. Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to legal@classavatar.com.

 Relationship Between Us :- You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability and Waiver :- If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future

Copyright and Trademark Policy

ClassAvatar respects the intellectual property rights of our instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the Accounts of users who infringe or are charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

Privacy

By using the Services, you agree to our Privacy Policy, the terms of which are incorporated into, and form a crucial part of, these Terms. Our Privacy Policy sets out the terms on which we process any personal or financial data we collect from you, or that you provide to us. Our Privacy Policy shall also apply to your use of our website and by using our website, you consent to such processing and you warrant that all data provided by you is accurate.

Force Majeure

Neither of us shall be liable to the other for any delay or failure in performance under these Terms, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, death, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

Grievance Redressal :- The contact details of the officer are as below.

E-mail id: legal@classavatar.com