Terms & Conditions
Acceptance of Our terms
TheBrightOrange.com the Site (“the Site”) is an internet based portal owned and operated by Maan Technologies Private Limited (a subsidiary of Swabhimaan Distribution Services Pvt Ltd), a company incorporated under the laws of India.
Through the Site, the Site shall provide you (“User”) educational sessions and programs -related information, pricing, availability and reservations for such sessions or a group of such sessions called programs throughout India (“Service”), as more particularly described and defined in the terms of service (“Terms”) relating to such Service, This Service may be availed by the User, his family members and direct dependants.
This User Agreement (“Agreement”) sets out the terms and conditions on which The Site shall provide the Services to the User through the Site. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant Terms for such Service, which may be updated or modified by The Site from time to time. Such Terms shall be deemed to be a part of this Agreement and in the event of a conflict between such Terms and this Agreement, the terms of this Agreement shall prevail.
Use of the Site is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the Terms, as may be posted on the Site regularly. For the removal of doubts, it is clarified that use of the Sie by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the Terms. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Site, and exit the Site and opt out of its Services.
Additionally, the Service Provider may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers. In the event that any of the terms, conditions and notices contained in this Agreement or the TERMS conflict with the additional/other terms and guidelines specified by the Service Provider, then the latter terms/guidelines shall prevail.
The Site reserves the right to change the terms, conditions and notices under which the Services are offered on the Site, including but not limited to the charges for the Services provided through the Site. The User shall be responsible for regularly reviewing these terms and conditions
Limitation as to Usage of Site
The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Site is not available for or offers the Services for further commercial use but is specifically meant for personal use only.
The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. 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 Site is not permitted.
Limitation of Liability/Disclaimer
TheBrightOrange.com has endeavored to ensure that all the information on the Site is correct, but TheBrightOrange.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. TheBrightOrange.com makes no warranty, express or implied, concerning the Site and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the Site.
Since TheBrightOrange.com acts only as a booking platform, it shall not have any liability whatsoever for any aspect of the arrangements between the actual service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall TheBrightOrange.com be liable for the services provided by the service provider.
Although TheBrightOrange.com makes reasonable commercial efforts to ensure that the description and content in the Terms and on each page of the Site is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, TheBrightOrange.com is not the service provider and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the service providers.
The Site does not endorse any advertiser on its the Site in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
In no event shall TheBrightOrange.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user’s transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site. Neither shall TheBrightOrange.com be responsible for the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise. further, TheBrightOrange.com shall not be held responsible for non-availability of the Site during periodic maintenance operations or any unplanned suspension of access to the Site that may occur due to technical reasons or for any reason beyond the Site’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Site is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.the maximum liability on part of TheBrightOrange.com arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. in no case the liability shall include any consequential loss, damage or additional expense whatsoever.
Prohibition against illegal Usage
As a condition of the use of the Site, the User warrants that they will not use the Site for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the Terms including both specific and implied. In addition, the Site shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Site. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Site.
Access to the Site and Services
TheBrightOrange.com reserves the right, in its sole discretion, to terminate the Site access and the related services or any portion thereof at any time, without notice.
In consideration of use of the Site, the User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from using the Site and/or receiving the Services under the laws of India or other applicable law.
User Obligations and User Account
To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Site/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service providers’ charges which are to be exclusively borne by the User.
The user also understands that the services may include certain communications from TheBrightOrange.com as service announcements and administrative messages. the user understands and agrees that the services are provided on an “as is” basis and that TheBrightOrange.com does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.
Registration of the User on the Site is optional. If the User opts to register himself on the Site, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other person’s user id and password for any purpose whatsoever without proper authorization from such party. The User is responsible for the security of his/her password and for all transactions undertaken using the password. You confirm that you are the authorised holder of the credit card or the original account holder used in the transactions you make using the TheBrightOrange.com services. TheBrightOrange.com will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using TheBrightOrange.com Services.
The user also agrees and undertakes to immediately notify TheBrightOrange.com of any unauthorized use of the user’s password or user id and to ensure that the user logs off at the end of each session at the Site. TheBrightOrange.com shall not be responsible for any, direct or indirect, loss or damage arising out of the user’s failure to comply with this requirement.
The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form (“Registration Data”) on the Site; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or TheBrightOrange.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TheBrightOrange.com has the right to suspend or terminate the User’s registration and refuse any and all current or future use of the Site and/or any Service.
Furthermore, the User grants TheBrightOrange.com the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
User Fee Payment
TheBrightOrange.com reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using our Services. TheBrightOrange.com further reserves the right to alter any and all fees from time to time, without notice.
The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the TheBrightOrange.com Services.
Breach or potential breach of the Terms
prejudice to the other remedies available to The Site under this
agreement, the Terms or under applicable law, The Site may limit the
user’s activity, or end the user’s listing, warn other users of the
user’s actions, immediately temporarily/indefinitely suspend or
terminate the user’s registration, and/or refuse to provide the user
with access to the Site if:
(a) the user is in breach of this agreement, the Terms and/or the documents it incorporates by reference;
(b) the Site is unable to verify or authenticate any information provided by the user; or
(c) the Site believes that the user’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the Site and/or the Site.
The Site may at any time in its sole discretion reinstate suspended users. once the user has been indefinitely suspended the user may not register or attempt to register with the Site or use the Site in any manner whatsoever until such time that the user is reinstated by the Site. Notwithstanding the foregoing, if the user breaches this agreement, the Terms or the documents it incorporates by reference, the Site reserves the right to recover any amounts due and owing by the user to the Site and/or the service provider and to take strict legal action as the Site deems necessary.
Relationship between the Site and User
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Site by the User contained herein or any other section or pages of the Site and/or the Linked Sites, shall be deemed to constitute a partnership between the User and the Site and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Site, the User authorizes the Site and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed the Site and its agents as their agent for this purpose.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the Terms or the right to use the Site by the User contained herein or any other section or pages of the Site or any Linked Sites in any manner whatsoever.
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this Agreement as a whole.
The User agrees to indemnify, defend and hold harmless TheBrightOrange.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by TheBrightOrange.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or Terms.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
Term and Termination
Either the User or the Site may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
The User agrees that the Site may under certain circumstances and without prior notice, immediately terminate the User’s user id and access to the Site/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the Terms, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable Terms.
This Agreement may be terminated by either the User or the Site through a written notice to the other. The Site shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any Terms or becomes dissatisfied with the Service in any way, the User’s only recourse is to immediately: (a) discontinue use of the Site /Service; and (b) notify the Site of such discontinuance.
Upon termination of the Service, User’s right to use the Site/Services and software shall immediately cease. The User shall have no right and the Site shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User’s registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Site may not be retrieved later.
This agreement and each Terms shall be governed by and constructed in accordance with the laws of india without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi.