| 36min Read
Published on November 1, 2021
Terms Of Services
This is a legal and binding agreement between you, the user (referred to as “user” or “you”) of the Programs, as defined below, and The Big Red Group (referred to as “we”, “us” or “The Big Red Group”) stating the terms that govern your use of the Platform, as defined below. The website www.thebigredgroup.com and the information, services, and other materials contained therein are provided and operated by The Big Red Group. The Big Red Group offers curated and specially designed online education programs and educational assistance services (“Programs”).
Each Program may have a separate set of terms dealing with refunds, deferrals, payments, etc. governing such Programs, and our corporate clients may have executed separate written agreements with us, which, in the event of a conflict, will supersede these Terms to the extent of the conflicting provisions.
These Terms shall apply to The Big Red Group hosted WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications, and other social media forums hosted by The Big Red Group, which shall be deemed to be part of the ‘Platform’ by reference. You acknowledge that certain parts of the Platform, as mentioned above, are provided by third-party service providers, and you agree to abide by their terms and conditions. The Big Red Group shall not be responsible for any disruption of services caused by such third-party service providers.
Although you may “bookmark” a particular portion of the Platform and thereby bypass these Terms, your use of the Platform still binds you to these Terms.
We may change these Terms from time to time without prior notice. You should review this page regularly. Your continued use of the Platform and Programs after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Platform or Programs if you are not happy with any changes to these Terms.
The Big Red Group makes no representations that the Platform operates (or is legally permitted to operate) in all geographic areas, or that the Platform or information, services, or products offered through the Platform are appropriate or available for use in other locations. Accessing the Platform from territories where the Platform or any content or functionality of the Platform or its portions thereof is illegal, is expressly prohibited. If you choose to access the Platform, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
User Conduct Policy
Whether you have enrolled in a Program or are simply browsing the Platform, once you have accessed the Platform or Programs, you shall be considered a ‘user’ for the purpose of these Terms. You are responsible for all your activities in connection with the use of the Platform and Programs. You hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties, and regulations in connection with such use. You shall not resort to any unethical practices while using the Platform.
Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other “phishing”, “pharming” or “whaling” message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the Platform or any other third party whatsoever. However, if any such event does take place, The Big Red Group shall not be liable for any loss of data or if the user’s device, computer system, or any other property is compromised in any manner.
You acknowledge and agree that The Big Red Group has the right to report any and all such suspicious or illegal activity to the appropriate legal or police authorities without notice to you.
During your use of the Platform and Programs, you will:
not harass other users, students, attendees, support agents, or visitors;
not create an atmosphere of disharmony, hostility within student groups;
not cheat on any homework assignment or project for the Program;
not post online any secured testing materials;
notify the instructors immediately if you become aware of any other User breaching these Terms and comply with the requirements of the specific applicable code of conduct, if any, relating directly to a Program into which such user is enrolled.
User Accounts, User Registration and Delivery of Services
In order to participate in most Platform activities and to apply for a Program, you will need to fill a registration or application form. You may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Platform and your enrolment into a Program, to the extent applicable.
Owing to certain exceptional circumstances, if The Big Red Group has granted you access to a Program pending payment, and The Big Red Group does not receive payments within the stipulated time periods, The Big Red Group may, at its own discretion, withdraw your access to the Program without giving any prior notice.
Access to the Programs is restricted to attendees or students who have specifically been granted access by The Big Red Group.
Additional requirements apply to Students. As a Student, in addition to the points above, you agree that you are registering with the intent to complete the assignments, if any, that are relevant and applicable to the Platform or Programs into which you have enrolled.
Payment Terms and Refund Policy
Unless otherwise expressly agreed in writing by The Big Red Group, full payment for participation in a Program is required at the time of registration. In the case of Programs that include a trial window, such a trial window shall be made available only after the full payment. During the trial window, upon a request by the student, and to the satisfaction of The Big Red Group, The Big Red Group may, in accordance with the applicable refund policy for the particular Program, choose to refund the Program Fees paid, subject to deduction of such applicable charges as may be decided by The Big Red Group from time to time. Once the trial window is closed, there will be no refund allowed for any reason whatsoever.
It is the sole responsibility of the user enrolling into a Program to check the accuracy of, and evaluate the suitability and relevance of, the Program elected. The enrolment into a Program is non-transferable.
To make payment for any Program or to purchase any services or products offered by The Big Red Group through the Platform, you must have internet access and a current valid accepted payment method. The Big Red Group does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case The Big Red Group’s third-party payment provider stores any such information, The Big Red Group will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and The Big Red Group is in no way liable for any such losses and is neither responsible to reimburse/make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform.
Failure to pay the applicable Program fee may result in withdrawal of your access to a Program. Depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. The Big Red Group does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.
You may cancel your enrolment at any time. Each Program has specific refund terms which shall be applicable in case of refund on account of such cancellation requests.
Use of Programs
The Big Red Group reserves the right to cancel or reschedule any Program or live lectures/webinars or to alter, modify or rearrange the schedule of topics. You also understand that The Big Red Group, at its sole discretion, may limit, suspend, or terminate your use of the Platform or Programs and/or all The Big Red Group-provided services related to the Programs, such as access to The Big Red Group coaches or support services, or certifications. You also understand that The Big Red Group may modify or discontinue all services related to its Programs at its sole discretion. You agree that The Big Red Group shall not be liable to you or to any third party for any such modification, suspension, or discontinuance. Nothing in these Terms shall be construed to obligate The Big Red Group to maintain and support the Platform or Programs or any part or portion thereof or any associated services.
You agree that The Big Red Group shall be under no liability whatsoever to you in the event of non-availability of the Platform or any portion thereof occasioned by Act of God, war, disease, revolution, epidemic, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster or any other cause whatsoever beyond the control of The Big Red Group.
Subject to the applicable refund policy, if you no longer wish to use any program, you may terminate your participation by giving prior notice to The Big Red Group. Participants of The Big Red Group’s online live lectures and webinars shall be provided access to such classes via email. You agree not to share such access with any third party. If you are unable to attend an online live lecture/webinar, please provide The Big Red Group with prior intimation regarding this.
You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Platform, including, without limitation, hardware devices, software, and another internet, wireless, broadband, phone, and/or other mobile communication device connection services. You shall be exclusively responsible for ensuring that such equipment or ancillary services are compatible with the Platform, and you shall be responsible for all charges incurred in connection with the use of the Platform and Program in connection with all such equipment and ancillary services.
Educational Partners and Accreditation
The Big Red Group is NOT a university, but an education service provider, offering Programs in consultation with Indian and International universities, educational institutions, governmental authorities, NGOs, corporates, etc. (each an “Educational Partner”).
Admission to the programs of an Educational Partner is separate from being accepted into and/or taking one or more Programs. You agree and acknowledge that nothing in these Terms or otherwise with respect to the use of the Platform or any Program (a) enrolls or registers you in an Educational Partner, or any other school, division, institute or program of or associated with an Educational Partner, and (b) allows you to access or use the resources or receive any benefits or privileges of any Educational Partner, beyond the Programs.
The Big Red Group may offer a credential or other acknowledgment for participants who have satisfactorily demonstrated mastery of the Program material. The decision to award any such credential acknowledgment to a given participant will be solely at the discretion of The Big Red Group. The Big Red Group may choose not to offer any credential or other acknowledgment for some Programs. The Big Red Group may decide at its sole discretion whether to provide a record concerning a participant’s performance in a Program. The format of any credential or other acknowledgement, and of any performance, provided by The Big Red Group relating to Programs will be determined by The Big Red Group at its sole discretion and may vary from Program to Program.
You will be awarded a certificate of successful completion of a Program (“Program Certificate”) only upon fulfilling the criteria and requirements of The Big Red Group and its Educational Partners. You acknowledge that any such Program Certificate awarded may not be affiliated to any Educational Partner and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner.
You will not receive academic credit from The Big Red Group or any other Educational Partner for taking a Program. If you are taking a Program for academic credit or certification as a student of, or otherwise through, an Educational Partner, any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, The Big Red Group will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for a Program.
You acknowledge and agree that any Program affiliated with an Educational Partner may be subject to the terms, policies and procedures of the applicable Educational Partner in addition to The Big Red Group’s Terms. Without limiting the foregoing, if you are a student registered or enrolled at, or are otherwise attending, an Educational Partner and are taking a Program for credit or certification through that Educational Partner, you acknowledge and agree that (a) the Educational Partner may have its own terms, policies or procedures regarding your eligibility to participate in the Program, your participation in the Program, the requirements or prerequisites for receiving credit or certification for the Program, and/or your educational or student records as they may relate to your participation and performance in the Program, and (b) your educational or student records are maintained by the Educational Partner, including for purposes of assigning credit or certification, and not The Big Red Group.
The Big Red Group’s Intellectual Property Rights
“Content” means any and all information and data, which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features, and other materials.
The Platform, Programs, and related services are owned and operated by The Big Red Group and its licensors. All Content or other material available on the Platform or through the Programs, including but not limited to online/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively “The Big Red Group Content”), are the property of The Big Red Group and/or its affiliates or licensors, and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian and foreign laws. All software used on the Platform is the property of The Big Red Group and is protected by Indian and international copyright laws.
The Big Red Group logos, trademarks, and service marks that may appear on the Platform and in the Program (“The Big Red Group Marks”) are the property of The Big Red Group and are protected under Indian and foreign laws. All other trademarks, service marks, and logos used on the Platforms, Online Courses, or Programs, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Platforms are protected by trade dress and other Indian and international intellectual property laws and may not be copied, reproduced, downloaded, or distributed in any way in whole or in part without the express written consent of The Big Red Group.
As a condition of accessing the Platforms and/or using the Programs, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any The Big Red Group Content or any portion of it thereof, other than as expressly allowed under these Terms; and (b) use The Big Red Group Marks or the name, trademarks, service marks, or other materials of any Educational Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorized purpose.
Please verify all Content prior to use. In the event you come across any Content that is incorrect, infringing, offensive, indecent, or objectionable, please notify us immediately at the address mentioned at the bottom of this page.
Additionally, from time to time, The Big Red Group (or its third-party service providers, on behalf of The Big Red Group) may request users to review The Big Red Group Content or beta-test the Platform. The works derived from such activity shall remain the sole and exclusive property of The Big Red Group or its third-party service providers, as applicable.
Third-Party Intellectual Property
The Big Red Group respects third-party intellectual property rights and actively supports the protection of all third-party intellectual property including copyrights and trademarks (“IP”). It is our policy to expeditiously respond to clear notices of alleged IP infringement. If we receive proper notification of IP infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity.
The Big Red Group shall not be held liable for the unauthorized use of any third-party IP, and the user that carries out such unauthorized use or infringes any IP available on the Platform shall fully indemnify and hold The Big Red Group harmless against any and all claims that may arise as a result of such use.
If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright, or other intellectual property interest;
a description of the product, work, or other intellectual property that you claim has been misrepresented or infringed;
a description of where the material that you claim is misrepresenting or infringing your product, work, or other intellectual property is located on the Platform/Program;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
a statement by you, made under the penalty of perjury, that the aforementioned information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorised to act on such owner’s behalf.
For notices of disputes or claims of copyright or other intellectual property infringement, please connect with us at the address provided at the bottom of this page.
The services on the Platform are licensed, not sold. In consideration for your agreement to these Terms, The Big Red Group grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Platform and Programs, solely in accordance with the Terms. You may download or copy the portions of The Big Red Group Content available on the Platform for your own non-commercial and personal use only, provided you maintain all copyright and other notices contained in such The Big Red Group Content. You may not copy, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of Platforms, Programs or any The Big Red Group Content. Notwithstanding the foregoing, certain reference documents, digital textbooks and articles may be made available to you with the permission of third parties, and use of that information is subject to certain rules and conditions, and you agree to abide by all such rules and conditions.
You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Platform or the Programs. From time to time, The Big Red Group may include software, code, instructions, or other such information in The Big Red Group Content for the Programs; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the ‘Disclaimer’ and ‘Limitation of Liability’ sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. The Big Red Group and/or its affiliates and licensors reserve all rights not expressly granted herein to the Platforms and The Big Red Group Content.
Without limiting the generality of the terms above, the following are types of uses that The Big Red Group expressly defines as falling outside of the definition of “non-commercial and personal use”:
the sale or rental of (i) any part of The Big Red Group Content, (ii) any derivative works based at least in part on The Big Red Group Content, or (iii) any collective work that includes any part of The Big Red Group Content;
the sale of access or a link to any part of The Big Red Group Content;
providing training, support, or editorial services that use or reference The Big Red Group Content in exchange for a fee;
the use of The Big Red Group Content by a college, university, school, or other educational institution for instruction where tuition is charged;
the use of The Big Red Group Content by a for-profit corporation or non-profit entity for internal professional development or training; and
the use of The Big Red Group Content for display / upload / making available at a place that is accessible to the general public in any manner, including but not limited to any social media sites, video download sites, and torrents.
The Platform may allow you to upload forum posts, chat with other users and The Big Red Group’s counsellors, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Programs, e.g., questions, hypotheticals, examples, assignments, industry projects, etc. (collectively “User Content”). The Big Red Group does not claim ownership of any User Content you may submit or make available for inclusion on the Platform or Programs. Accordingly, subject to the license granted to The Big Red Group above, the user will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
With respect to any User Content you submit via the Platform or Programs or that is otherwise made available to The Big Red Group, you hereby grant The Big Red Group an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Platforms or in the Programs or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). The Big Red Group reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit The Big Red Group to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and The Big Red Group, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
The Big Red Group does not control the User Content posted through the Platform, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will The Big Red Group be liable in any way for any User Content, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your posting or use of any User Content. You are responsible for complying with all the laws applicable to the User Content.
You are prohibited from posting the following Content on the Platform:
Content that is fraudulent, indecent, or libellous, or defames, harasses, discriminates against, harms or threatens others;
Content that discusses illegal activities, with the intent to commit them;
Content that infringes or misappropriates patents, trademarks, trade secrets, right of publicity, or other intellectual property rights of third parties;
Content that you do not have the right to disclose;
Profane, pornographic, obscene, indecent or unlawful Content;
Advertising or any form of commercial solicitation;
Content related to partisan political activities;
Content that contains intentionally inaccurate information or that is posted with the intent of misleading others;
Viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
Content that consists of any high volume, automated, or electronic means to access the Platform (including without limitation robots, spiders or scripts);
Content that violates the rights of other users of the Platform; or
Content that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
You are prohibited from violating or attempting to violate the security of the Platform or any other associate Platform of The Big Red Group, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account that the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited emails, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Big Red Group will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on the Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from The Big Red Group on the Platform and other than generally available third-party web browsers (e.g., Google Chrome or Microsoft Explorer).
The Platform and/or Programs may contain typographical errors or inaccuracies and may not be complete or current. The Big Red Group, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.
The Platform, Programs, and any information or The Big Red Group Content are provided on an “as is” and “as available” basis with all faults.
The Big Red Group makes no representations or warranties of any kind, whether expressed or implied, with respect to The Big Red Group Content or services available on or through this Platform and Programs, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Big Red Group makes no warranty that the services will meet the user’s requirements or that the services will be uninterrupted, timely, secure, or error free; nor does The Big Red Group make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that any defects in the software will be corrected.
The user understands and agrees that The Big Red Group Content and all other information, data, or other material downloaded or otherwise obtained through or from the Platform or Programs is obtained at the user’s own discretion and risk, and that the user will be solely responsible for any damage to the user, the user’s computer system, electronic device or any loss of data that results from the download of such material or data.
No advice or information, whether oral or written, obtained by the user from The Big Red Group or through or from the services, shall create any warranty by The Big Red Group.
In the event you find that the information provided on the Platform or Programs is incorrect, or if you are the owner of any information or content and wish that such information or content is not displayed on the Platform or Programs, kindly notify us at the address provided at the bottom of the page.
Limitation of Liability
Neither The Big Red Group nor any of its Educational Partners, affiliates, employees, directors, officers, agents, vendors or supplier shall be liable to you or any other person, whether in Tort, Contract, Strict Liability or otherwise, for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use this Platform or Programs, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of search results, or computer / electronic device failure, virus or malfunction. In no event will The Big Red Group be liable for any damages.
The Platform may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain Content or offer products and/or services for sale. The Big Red Group does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites; (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites; and (c) you agree to the terms and conditions of the Linked Sites. We may remove any Linked Sites from the Platform at any time with or without reason.
THE BIG RED GROUP WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.
We appreciate that Linked Sites may contain material on which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have provided links to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
You may not establish a link to this Platform from any other website, application, intranet or extranet site without our prior written consent. If you wish to create links, you may contact us before doing so. In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of The Big Red Group, including its Educational Partners, respective employees, agents, directors, officers or shareholders.
You agree to indemnify and hold The Big Red Group and its Educational Partners harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (a) your use or attempted use of the Platforms or Programs in violation of the Terms; (b) your violation of any law or rights of any third party; or (c) information or Content that you or others post or otherwise make available on the Platform or through any Program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Termination of Rights
You agree that The Big Red Group, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform or enrolment to a Program with or without reason, including, without limitation, if The Big Red Group believes that you have (a) breached the Terms; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorised Content on the Platform; or (d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct. You agree that any deactivation or termination of your access to the Platforms or Programs may be effected without prior notice to you and that The Big Red Group shall not be liable to you nor any third party for any termination of your account or enrolment into a Program. You also acknowledge that The Big Red Group may retain and store your information on The Big Red Group’s systems notwithstanding any termination of your account or enrolment into the Programs.
You accept the Terms through your use of the Platform. If you are under the age of 18 or under the legal age in your jurisdiction to enter into a binding contract, you may use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by the Terms. If you are a parent or legal guardian agreeing to the Terms for the benefit of a child below 18, be advised that you are fully responsible for his/her use of the Platform, including all financial charges and legal liability that he/she may incur. By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into the Terms and to abide by all of the terms and conditions set forth herein.
The Big Red Group may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Program specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any Program-specific terms without the prior written consent of The Big Red Group.
These Terms or any Program-specific terms shared with you shall be governed by, construed and enforced in accordance with the laws in India, as these are applied to agreements entered into and to be performed entirely within India and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by The Big Red Group, you or any third party to enforce these Terms or any Program-specific terms shared with you, or in connection with any matters related to the Platform or Programs, shall be subject only to the jurisdiction of the courts of Delhi. Where a dispute arises, the parties involved shall make all reasonable efforts to resolve the dispute through good faith negotiations. If efforts to amicably resolve any dispute or claim between the parties are unsuccessful, then such dispute or claim arising out of or in connection with the Terms or any Program-specific terms shared with you, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration and Conciliation Act, 1956, as amended (“Act”) before a sole arbitrator to be appointed by The Big Red Group. The proceedings shall be conducted in English and the seat for arbitration shall be Delhi.
If any provision of the Terms or any Program-specific terms shared with you is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. The Big Red Group shall have no liability under these Terms or any Program-specific terms shared with you, to the extent arising from any failure of The Big Red Group to perform any of its obligations under these Terms or any Program-specific terms shared with you, due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labour disputes or any other event not within The Big Red Group’s reasonable control. The Big Red Group shall not be responsible for damage or other problems caused by any unauthorised change to these Terms made by way of hacking or cracking this page.
The failure of The Big Red Group to exercise or enforce any right or provision of the Terms or any Program-specific terms shared with you, shall not constitute a waiver of such right or provision. If any provision of the Terms or any Program-specific terms shared with you is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms or any Program-specific terms shared with you, shall remain in full force and effect.
These Terms or any Program-specific terms shared with you constitute the entire agreement between you and The Big Red Group relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Platforms by The Big Red Group or through a specific writing between you and The Big Red Group.
The Big Red Group may freely transfer or assign any portion of its rights or delegate its obligations under the Terms or any Program-specific terms shared with you. You may not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under the Terms or any Program-specific terms shared with you, without the prior written consent of The Big Red Group, and any such attempted transfer or assignment shall be void and of no effect.
Privacy Notice (Last updated October 28, 2021)
Thank you for choosing to be part of our community at Big Red Education Pvt. Ltd. , doing business as Big Red Group` (“Big Red Group`,” “we,” “us,” or “our“). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at email@example.com.
This privacy notice describes how we might use your information if you: Visit our website at https://www.thebigredgroup.com
Engage with us in other related ways ― including any sales, marketing, or events
In this privacy notice, if we refer to:
“Website,” we are referring to any website of ours that references or links to this policy
“Services,” we are referring to our Website, and other related services, including any sales, marketing, or events
The purpose of this privacy notice is to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
Please read this privacy notice carefully, as it will help you understand what we do with the information that we collect.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT? 2. HOW DO WE USE YOUR INFORMATION? 3. WILL YOUR INFORMATION BE SHARED WITH ANYONE? 4. HOW LONG DO WE KEEP YOUR INFORMATION? 5. HOW DO WE KEEP YOUR INFORMATION SAFE? 6. WHAT ARE YOUR PRIVACY RIGHTS? 7. CONTROLS FOR DO-NOT-TRACK FEATURES 8. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS? 9. DO WE MAKE UPDATES TO THIS NOTICE? 10. HOW CAN YOU CONTACT US ABOUT THIS NOTICE? 11. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:
Personal Information Provided by You. We collect names; phone numbers; email addresses; mailing addresses; and other similar information.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).
To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS?” below).
Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Website, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share your data that we hold based on the following legal basis:
Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
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Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
4. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 2 years.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
5. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.
6. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
7. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
8. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
9. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
10. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at firstname.lastname@example.org or by post to:
Big Red Education Pvt. Ltd. Penthouse II, Garden Estate Gurugram, Haryana 122002 India
11. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here.
If you have any concerns or queries, please reach out us. Someone from our team shall undertake all reasonable efforts to address your grievances at the earliest possible opportunity. You may contact us at:
Phone: +91 931-045-0013 (Timings: 10 AM to 6 PM, IST – Monday to Friday, except holidays)
Any notice or communication that may be required to be given to The Big Red Group under these Terms or any Program-specific terms shared with you may be sent by writing or emailing to the following
The Big Red Group,
Pent House 2,
Gurgaon, Haryana – 122002
Phone: +91 931-045-0013