Please read the following terms and conditions of use (“Terms of Use”) of the services (as defined in Clause 2.1 below) made available on https://basidialearning.com or the equivalent basidia Mobile Application available on Google Play, Windows Store or Apple Store (“basidia App”/ “Website”). The basidia App or Website on which the Services are availed may together be referred to for convenience as the “Platform”.

For the purpose of these Terms of Use, wherever the context so requires “Your”, “You” or “User” shall mean any natural or legal person who browses the Platform or has agreed to become a subscriber to the Services on the Platform by providing login credentials while registering on our Platform as a Subscribed User (defined below). The term “We”, “Us”, “Our” shall mean basidia learning pvt ltd.(“basidia”).

When You use the Platform, You will be subject to these Terms of Use. We may update these Terms of Use from time to time and will endeavour to notify You of such changes at the earliest. Please ensure You read our Terms of Use and any updated version thereof before proceeding to use the Platform or the Services, as the case maybe.

• Acceptance of Terms

1) These Terms of Use set forth a legally binding contract between Us, and You, the user. By using the Platform, You agree to be bound by all the conditions stated herein. Even if You only visit the Website or review any of the service offerings made available by Us, You will be bound by these Terms of Use. If You do not accept these Terms of Use, You must not use the Website or the Platform.

2) In consideration of your use of the Website and App, You agree :

(a) To provide true, accurate, current and complete information about yourself complying with Clause 2 of this Terms and Conditions and as prompted in order to generate the login credentials;

(b) To the responsibility of ensuring that You meet the required qualification while opting for the Premium Account (defined hereunder);

(c) To maintain and promptly update your login credentials to keep it true, accurate, current and complete

(d) And acknowledge that basidia is not responsible to ensure that You Conform to the eligibility criteria;

(e) To seek the consent of Your parents/legal guardians before providing any Information about Yourself or Your parents and other family members on the basidia App.

(f) That We are not responsible for any consequence that arises as a result of misuse of any kind in the basidia App or any of Our ServicesIf You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Platform.

3) This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

4) You may access the Website or subscribe to the Services only for Your personal use. The Platform as a whole, is owned exclusively by basidia. You acknowledge that basidia is providing You with a revocable, limited, non-exclusive, and non-transferable license to use the features of the Website and the App. You will upon logging into the Website as a regular user be entitled to view Our limited free content as a demo of the offerings.

5) By registering Your e-mail address and/or phone number with Us, You consent to be contacted by Us via phone calls, SMS notifications, and/or e-mails, in case of any subscription or Service updates.

6) You are entirely responsible for maintaining the security and confidentiality of Your account as well as the login credentials to the account once you become a Subscribed User.

7) We will not be liable for any loss that You may incur because of someone else using Your account, either with or without Your knowledge. You may be held liable for any losses incurred by Us or another party due to someone else using Your account.

8) Due to the global nature of the Internet, You agree to comply with all applicable local laws, state specific laws, and regulation rules regarding use of the Website. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data and information, exported from India or the country in which You reside.

• Eligibility

1) Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for basidia App and be a Registered User (defined hereunder). Persons who are minors are not eligible to register for Our Services. As a minor if You wish to use the basidia App or Our Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the basidia App/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents…

2) To register on the Platform for availing the Services (as defined in Clause 3.1 below) on an account login based paid subscription (“Subscriber”/ “Subscribed User”), You will be mandatorily required to either be a student (Complying with Clause 2.1)

3) To avail the full range of course content offered as part of the Services, You will have to mandatorily be a Subscribed User meeting all the requirements set out in Clause 2.2 The Services and amounts payable to access the Services may differ for different Subscribed Users and will be based on the course combination chosen by You either at the time of enrolling as a Subscribed User or thereafter based on the courses a Subscribed User adds through his/ her account. In these Terms of Use, the term “Services” shall mean and include without limitation, the online tutorial videos and content as well as study materials that will be accessible to You as a Subscribed User and will exclude the free demo content that is accessible to all Registered Users visiting the Platform. The foregoing meaning and scope of Services may be subject to change and the definition shall not in any way limit or restrict Our right to remove or add features to the Platform.

4) As a “Registered User”, You are enrolled to the free plan by default and have the option to purchase a Premium Services Account (“Premium Account”) and become a Subscribed User. The benefits and features available under the Basic Plan and the Premium Account is available for your reference at https://basidialearning.com/plans. If You have initially enrolled in the Basic Plan, You will have the option of upgrading the Service account to a Premium Account at any time by clicking on the “Subscribe” link or icon available as part of the Subscribed User account dashboard once the You log into Your Service account.

5) You agree that any Services provided by basidia may be subject to change at the discretion of basidia and basidia may add, remove or modify offerings to its existing scope of Services at such fees as will be solely determined by basidia.

6) basidia may at its discretion revise the amount payable in respect of existing offerings forming part of the Services that may be made available to You.

7) You agree that basidia may at any time and for any reason, terminate Your access to whole or part of the Platform, or restrict or suspend Your access to your Subscribed User account, for any or no reason, with or without prior notice, and without any liability to You.

• Subscriber Account, Password and Security

1. If You use the Platform and wish to avail Services by creating a User account, You may be required to submit your phone number and/or email ID and choose a password which will be the only set of credentials basis which You will be granted access to the Platform and its Services. You are responsible for maintaining the confidentiality of Your password and other credentials to access the Services. If there is any compromise to Your account, You can change your password using the ‘forgot password’ functionality available on the login page used to access the Platform. – to check with Harinag if we have forgot password

• Third Parties

We may use/integrate another third party’s platform on Our Website or the basidia App. We may also use third party platforms to provide services to ourselves. In such event, You will be bound by such third party’s terms and conditions, privacy policy, and any other applicable policies. You also agree and hereby authorize basidia to share Your details and personal information with such third parties to the extent necessary for basidia to deliver the Services to You.

• Disclaimer as regards Study materials

1. The term “Study Materials” as used in these Terms of Use include the videos, question bank, test series and any other learning material posted for the specific topics as well as other hard copy or electronic materials that maybe made available from time to time. Sometimes soft copy document versions of the video lectures maybe provided to a Subscribed User basis basidia’s sole assessment as regards the need for such material. Where soft copy Study Materials accompany the Services, these study materials will be made available to You, upon meeting all the conditions stipulated in these Terms of Use and You becoming a Subscribed User.

2. basidia does not make any representation, guarantee or commitment to You that the Study Materials offered either in the demo versions or as part of subscribed Services will be error free.

3. The Services and all accompanying Study materials are only offered purely on “AS IS” basis and basidia expressly states that the Study Material and the Services are not intended to act as a substitute for professional training.

4. The total number of MCQs claimed as 10,000 is inclusive of all kind of MCQs served via basidia ie, via learn, practice, test, etc

5. basidia do not claim any guaranteed rank, mark or success with the use of “basidia” platform.

• Online Subscription and Access Terms

1. Except as set out in the description of the subscription model available on the Platform, no additional study materials and/or video tutorials will be provided by basidia.

2. Upon receipt of a confirmation e-mail from basidia you will be notified when You (only as a Subscribed User) have access to purchased Services and for the length of time such access will be made available to You, subject however to basidia’s absolute right to suspend or terminate access in accordance with these Terms of Use.

3. A subscription received is personal to You and You shall not transfer or share your right to access the Study Material or further sell the subscription or allow access to the subscription to any other person for consideration or otherwise.

• System Requirements

1. Please note that it is Your responsibility to check that the device You plan to use to access the subscription is compatible with the minimum specification requirement that relates to the subscription You are opting for. You acknowledge and accept that basidia cannot be held responsible for any technical problems (including but not limited to playback of video content) with any devices You encounter following the commencement of the subscription.

2. Minimum System Requirements:

• Android 6.0.0 – Non-rooted – DRM supported devices
• Modifications to Subscription

3. From time to time, basidia may make modifications, enhancements or issue clarifications (for example, clarification of doubt, interactive sessions) to the subscription, including but not limited to changes in Services, number of Services available, pricing and validity of Subscription duration.

• Technical Support and Access

1. basidia does not warrant the uninterrupted or error-free operation of the subscription.

2. basidia is not obliged to offer You any technical support in relation to your subscription other than the specific support that has been included as part of the subscription plan You have opted for.

3. You also accept and acknowledge that basidia cannot be held responsible for any delay or disruptions to your subscription as a result of such suspension or any of the following but not limited to:

• the operation of the internet and the World Wide Web, including but not limited to viruses;
• any firewall restrictions that have been placed on your network or the computer You are using to access the Services;
• failures of telecommunications links and equipment; or
• updated browser issues
• Not meeting standards any of the minimum system requirements as defined in clause 8.
• Disclaimer of Warranties and Liabilities

We shall not be liable for any interference, virus, hacking, or any such consequence, caused by any network or internet service providers and failure of device manufacturers to support the platform

Any content posted on a third-party platform, by Us or any authorized third party, shall be subject to the terms and conditions, and policies, of that third-party platform in addition to the terms and conditions set forth herein.

SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL basidia OR ITS EMPLOYEES’, OR ITS AGENTS’, PARTNERS, AND CONTRACTORS’, AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE AFORESAID SERVICES TO YOU, EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY basidia FROM YOU, FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS. IN THE EVENT THAT YOU ARE NOT A SUBSCRIBED USER, basidia WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES.

• Disclaimer of Services

You acknowledge and agree that the suggestions and recommendations provided by Us on the Platform, are only suggestions, and You may comply with it at Your choice and option. basidia offers You various services via the Platform, to help You prepare for Medical entrance examinations with customised support and assistance.

• Data protection

1. basidia will process the information it receives from You or otherwise holds about You in accordance with these Terms of Use and Privacy Policy. You consent to the use by basidia of such information in accordance with these Terms of Use and basidia’s Privacy Policy.

2. You acknowledge that basidia may conduct online surveys from time to time. The data collected through these surveys are used to gauge our service, collect demographic information and other information that we may find useful. We may share non-personal, aggregated information with third parties. By agreeing to these Terms of Use, You agree to basidia using your information in this manner.

• basidia No Sharing Fair Usage Policy

1. A basidia Premium account is meant to be used by only one user.

2. Sharing basidia Premium account credentials for both personal use or commercial purposes will result in account blockage without warning.

3. If a violation of this policy is identified, your account will get blocked and will not be reversed under any circumstances.

• Prohibited Conduct

1. You agree that You shall not use the Services or the Website in order to host, display, upload, modify, publish, transmit, update, distribute, share, store material. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission, limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

• in violation of any applicable law or regulation;
• in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
• that belongs to another person and to which the user does not have any right to;
• that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
• that harms minors in any way;
• that impersonates another person or entity;
• that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of basidia’s computer systems or site or basidia’s Users, customer’s computer systems or site;
• threatens the unity, integrity, defense, security or sovereignty of India and any other countries, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or insulting any other nation.

2. If You become aware of misuse of the Service by any person, please contact [support@basidialearning.com or call 1234567890

3. You shall not either as a regular browsing user, Basic Plan user or as a Subscribed User use the Platform to either directly or indirectly either alone or with another third party disassemble, reverse engineer or decompile any part or whole of the Platform in order to get access or attempt to get access to the underlying software, source or proprietary technology which enables the Services or other functionalities of the Platform or do anything with an intent to create derivative works or competing platforms that provide same or similar services.

4. You shall not either directly or through other third parties take, post, publish, transmit or otherwise make available any of the Study Material or video tutorials on any other medium. Further, You undertake not to use, display, mirror or frame the Platform or any individual element within the Platform, unless this is expressly approved by basidia in writing.

5. You shall not copy or record or make any attempt to copy or record part or whole of the Services or use the Services for further distribution any mode so as to commercially benefit from the Study Material or engage in any form of piracy.

• Termination or Suspension of Account for Illegalities or suspected Illegalities

1. If there is a suspicion of untoward or illegal activity, we may suspend your account immediately and if required, debar all future access by You to the Platform.

basidia reserves the right to cancel any subscription it believes has been compromised, or is being used fraudulently, at its own discretion without any financial liability to You.

User’s account will be Blocked for the following reasons ( but not limited to)

• If found suspicious (High/ Suspicious Activity)
• Usage of Rooted/ Jailbroken Devices, Emulators, ChromeCast, Android TV, Amazon Fire 3)TV/ Smart TV/ Apple TV or any other virtual machines.
• Screen Casting, Screen Recording, Screen Mirroring, Downloading Videos out of basidia Platform,
• Using a camera, phone or any other device to record any Platform content
• Sharing basidia Screen Shots in Social Media or any other Network.
• Sharing basidia Accounts Credentials with anyone.
• Usage of Multiple Devices (Other than upto to Two Devices for Personal Use)
• Abusing basidia and basidia Faculties.
• Try to sell basidia Premium Accounts and Contents on basidia.
• Preservation/Disclosure

1. You acknowledge, consent and agree that basidia may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

• comply with legal process nationally or internationally;
• enforce this Agreement;
• respond to claims that any content violates the rights of third parties;
• protect the rights, property or personal safety of basidia, its subscribers and the public; or
• pursuant to the terms of the Privacy Policy, reach You for marketing or promotional purposes through any channel.
• Security Components

You understand that basidia and software embodied within basidia and the Services you access may include security components that permit digital materials including the Study Materials to be protected, and that use of these Study Materials is subject to usage rules set by basidia. You shall not attempt to override, disable, circumvent or otherwise interfere with any such security components, encryptions and usage rules embedded into Website or the specific Services accessible through Your Service account.

• Proprietary Rights

All materials on Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by basidia. You acknowledge and agree that all Material on basidia is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in basidia, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without basidia’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize basidia or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

• basidia and Third Parties

1. All the tutors in the tutorial videos You access as part of the Services You use or subscribe for are independent third parties and not employees of basidia. The professional and technical information contained in the video tutorial are the sole responsibility of the Tutor. Even though basidia reviews content hosted as part of the Services on a best effort basis, basidia disclaims all warranties as regards the authenticity or correctness of information communicated to You by the tutors and basidia does not guarantee that the tutor videos contain updated information on the subject matter.

2. The Website may contain links to other apps or web pages owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. basidia does not assume any responsibility or liability for the actions, product, and content of any such websites. Before You access or visit any third party app or website, You should review website terms of use and policies for such app or web pages. If You decide to access any such third party platform, You do so at your own risk. The hosting of such links to third party content cannot under any circumstances be construed as basidia’s endorsement of such third parties and You shall not implead basidia in any suit or claim involving You and such third parties.

• Trademark, Copyright, and Restriction

1. basidia provides You with a single limited license to use and access Website and Materials hosted as part of the subscribed Services on devices that basidia has permitted access at the time of Your subscription to the Services for the limited purpose of accessing the tutorial or associated Study Materials online. The license is specifically personal, non-transferable, and non-exclusive. All content on website or the App, which is including, but not limited to, designs, text, graphics, images, information, logos, button icons, software, audio files and any other similar content are the exclusive and sole property of basidia.

2. All icons and logos are trademarks of and proprietary to basidia. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

3. All material on the Platform, including images, illustrations, audio clips, video clips, and third-party licensed images are protected by copyrights, trademarks and other intellectual property rights. Material on basidia is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means, whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of basidia, modification of the Content, use of the Content on any other website, app or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.

4. At all times, basidia and/or its licensors, remain the owner of the intellectual property in the tutorial, and the study materials. No Course and/or study materials nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of basidia.

• Terms and Termination

1. This Agreement shall remain in full force and effect for so long as You use basidia. You may terminate your subscription at any time, for any reason, by contacting the Support channels as mentioned in Clause 15 .2. basidia however does not offer any refunds because of Your termination or discontinuation of the Services.

2. basidia reserves the right to terminate Your services without prior notice. Your account or Your access to basidia may be terminated immediately, with or without notice to You, and without liability to You, if basidia believes that You have breached any of covenants, conditions, restrictions or limitations contained in these Terms of Use or the Privacy Policy, or any false or misleading information, or interfered with use of basidia by others.

• Disclaimer of Warranties and Liability

All Content on the Platform, (including but not limited to software) and Services, included on or otherwise made available to You across all mediums are provided on the permitted number of views basis on a limited number of whitelisted devices without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, basidia does not warrant that:

• The platform will be constantly available or;
• The information made available through the Services on the Platform is complete, true or accurate.

2. basidia is not responsible to You for any data that You lose either (a) as a result of accessing the tutorial, or (b) as a result of accessing study materials, or (c) otherwise during the course of subscription. It is your responsibility to ensure that You regularly save and back up (i) all data which You hold on the computer from which You are accessing the Services and (ii) all data that You are inputting when completing a study module being offered.

basidia will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any causes which are beyond basidia’s reasonable control

4. Each provision in these Terms of Use shall be construed separately as between You and basidia. If any part of these Terms of Use are held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted, such provision shall apply but with such modification as may be necessary to make it valid and effective.

5. The tutorials are for personal training and for knowledge enhancement purposes only. basidia will not accept any responsibility to any party for the use of the Services provided and/or the contents of the Study materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by You to any third party. basidia shall not be responsible for any claims that may arise as a direct or indirect consequence of any third party placing reliance and acting upon the information obtained as part of the Services or Your advice to a third party basis the Study Material or tutorial videos or any other Services.

• Exclusions and Limitations

basidia Platform and Services are intended to be used within the jurisdiction of India only. Those who access or use basidia from other jurisdictions do so at their own volition and are responsible for compliance with the local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You; all other provisions of these Terms remain in full force and effect.

• Indemnity

1. You agree to defend, indemnify and hold harmless basidia, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:

• your use of and access to the Website;
• third party claims from Parties who rely on your representations to them basis the information made available through the Services;
• your violation of any conditions in the Terms of Use and the Privacy Policy; or
• your violation of any third party right, including without limitation any copyright, property, or privacy right.
• Additional Terms

1. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or Platform (or any portion thereof) with or without notice. You agree that we will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of the website.

2. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by basidia without restriction.

3. These Terms of Use together with the Privacy Policy as well as subscription details such as pricing tables and any other legal notices published by basidia on the Platform shall constitute the entire agreement between You and basidia concerning the Platform and governs your use of the Service and use of the Platform, superseding any prior agreements between You and basidia with respect to the subject matter covered in these Terms of Use.

4. The failure of basidia to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Bangalore.

• Grievances

In case of any grievance arising from the use of Platform, please contact: support@basidialearning.com