This document is an electronic record in terms of Information Technology Act, 2000 and Rules made there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By using our site you will be bound by the terms and
conditions as mentioned in the EULA. You are required to and
responsible for regularly reviewing the EULA to keep yourself
updated with the changes/ amendments to the EULA as made by us
from time to time. If u continue to access the website subsequent to
such changes to EULA, you will be deemed to have accepted and
agreed to the said changes.
Use of the Website is available to all the
persons/entities/companies/partnership firms etc., as the case may be.
However, any registration on the website shall be by the person who is capable of entering into valid contract as per the Indian Contract
Persons who are “incompetent to contract” within the meaning of the
Indian Contract Act, 1872 including minors, un-discharged insolvents
etc. are not eligible to use the Website, except under the
legal/constructive guardianship of such persons capable of entering
into contract on behalf of such minor user/s.
While registering with the Website, you represent that the information
filled by you is correct and that you are duly authorized to accept this
agreement and you have the authority to bind yourself / your business
entity to this agreement. You further confirm that you shall
use/browse the Website in terms of the EULA.
ProgrammingWithVishal reserves the right to terminate your registration and refuse
to provide you with access to the Website if it is brought to our notice
or if it is discovered that you are using the site in violation of the
EULA or at its sole discretion without any reason thereof.
You are responsible for maintaining the confidentiality of your User
ID and Password. You are responsible for all the activities that occur
under your User ID and Password. You agree, inter-alia, to;
Provide true, accurate, current and complete information about
yourself as prompted by ProgrammingWithVishal registration form (both
personal and professional information), maintain and promptly
update the Registration Data to keep it true, accurate, current, and
complete at all times;
You must immediately notify us of any unauthorized use of
your password or account or any other breach of security, and;
ensure that you exit from your account at the end of each
If you provide any information that is untrue, inaccurate, not current,
or incomplete or ProgrammingWithVishal has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, or
not in accordance with this Agreement, ProgrammingWithVishal has the right to
indefinitely suspend or terminate or block access of your registration
with the website.
ProgrammingWithVishal shall not be liable for any loss or damage arising from
your failure to comply with this Clause.
ELECTRONIC REGISTRATION AND COMMUNICATION
When you use the Website or send emails or other data, information or
communication to ProgrammingWithVishal, you agree and understand that you are
communicating with ProgrammingWithVishal through electronic records. You consent to
receive communications from us electronically. We will communicate with
you by email or by posting notices on the Website or through any other
DESCRIPTION OF SERVICES
ProgrammingWithVishal is a technology enabled eco-system for career planning &
development for students. We leverage technology, research, machine
learning and algorithms to minimize the human bias in career decision
making process. ProgrammingWithVishal offers a unique way of career guidance,
counseling & mentoring and is not limited to psychometric
assessments, career counselling and guidance, interactive career
focused activities and career progression or tracking mechanisms etc.,
as may be provided time to time for help and guidance of user/s.
By entering into the present agreement, you accept that you are using
the services rendered at ProgrammingWithVishal at your sole discretion without any undue influence of the ProgrammingWithVishal and at your sole responsibility
(under supervision of guardian in case of minors).
You further agree to ensure that you will ensure that you avail the
services with due care and due diligence and as per the terms &
conditions of the EULA and the respective service you are availing.
ProgrammingWithVishal shall charge the fee for the services provided as per the
structure provided on the website. By using the services which are
subject to payment, as mentioned therein, you accept to pay for the
same before using the services.
You further undertake not to raise any dispute qua the fee charged for
the services in any manner whatsoever as you have agreed to the same
out of free will and without any undue influence.
You further undertake that you have read the Terms & Conditions of
the Payment that are prompted when you move towards payment of
the paid services and have accepted the same before making the
ProgrammingWithVishal uses third party payments providers to receive payments
from user. ProgrammingWithVishal is not responsible for delays or erroneous
transactions execution or cancellation of orders due to payment issues.
ProgrammingWithVishal takes utmost care to work with 3rd party payment
providers, but does not control their systems, processes, technology
and work flows, hence cannot be held responsible for any fault at the
end of payment providers.
The fee to be charged by ProgrammingWithVishal from users shall be decided
solely by ProgrammingWithVishal and the user/s shall have no right/say to interfere
in the same.
You agree to bear all applicable taxes, charges cess etc. levied on the
services being rendered to you as notified by the Central/State Govt. time to
time, unless already included in the price offered.
The ProgrammingWithVishal renders services including but not limited to counseling,
assessment tests etc, which act as a bonafide guide to the user and the
services are rendered as soon as availed, therefore there is no provision for
refund of fee paid by the User/s. The user/s is therefore deemed to have
understood and accepted that once the fee is paid to the ProgrammingWithVishal as per
the services availed, there shall be no refund of the said Fee.
TERM AND TERMINATION OF THE CONTRACT
There shall be no Contract between the ProgrammingWithVishal and the user/s
until the services are availed by user/s against consideration. The
Access to the free portion of the website is only for welfare of the
user and does not give rise to any Contract between the user/s and the
ProgrammingWithVishal in any manner.
The Contract against consideration for the services shall be strictly in
terms of the services availed and shall end as soon as the services are
ProgrammingWithVishal is entitled to terminate the contract at all times and with
immediate effect (by disabling your use of the Website and the
Service) if you;
Violate or breach any term of this EULA, or
In the opinion of ProgrammingWithVishal, misuse the Website or Service, or
At the sole discretion of the ProgrammingWithVishal for which ProgrammingWithVishal is
under no obligation to assign any reason.
ProgrammingWithVishal is not obliged to give prior notice of the termination of
INTELLECTUAL PROPERTY OWNERSHIP
ProgrammingWithVishal alone (and its licensors, where applicable) shall own all
right, title and interest, including all intellectual all property rights, in
and to the Website and Service and any suggestions, ideas,
enhancement requests, feedback, recommendations or other
information provided by you or any other party relating to the
Website or the Service.
You may not use, copy, adapt, modify, create derivative works from,
distribute, license, sell, transfer, publicly display, publicly perform,
reproduce, transmit, stream, broadcast or otherwise exploit the
Website, Service or Collective Content, except as expressly permitted
in this ProgrammingWithVishal. You may not use any Collective Content without
first obtaining the written consent of ProgrammingWithVishal.
No licenses or rights are granted to you by implication or otherwise
under any intellectual property rights owned or controlled by
ProgrammingWithVishal or its licensors, accept for the licenses and rights
expressly granted in this Agreement.
This EULA does not constitute a sale and does not convey to you any
rights of ownership in or related to the Website, or any intellectual
property rights owned by ProgrammingWithVishal. ProgrammingWithVishal’s name, logo, and
the product names associated with the Website and the Service are
trademarks of Owner, its affiliated companies or third parties, and no
right or license is granted to use them
Subject to your compliance with these EULA, ProgrammingWithVishal grants you
a limited non-exclusive, non-transferable license for the use of the
You shall not indulged in any of the following activities:
License, sub license, sell, resell, transfer , assign, distribute or
otherwise commercially exploit or make available to any third
party the Service or Website in any way;
Modify or make derivative works based upon the Service or
Create internet “links” to the Service or “frame” or “mirror”
any Website or any other server or wireless or Internet – based
Reverse engineer or access the Website in order to:
Design or build a competitive product or service,
Design or build a product using similar ideas, features,
functions, or graphics of the Service or Website’ or
Copy any ideas, features, functions or graphics of the Service
Launch an automated program or script, including, but not
limited to, web spiders, web crawlers, web robots, web ants, we
indexers, bots, viruses or worms or any program which may
make multiple server requests per second, or unduly burdens or
hinders the operation and/ or performance of the Website.
Send spam or otherwise duplicative or unsolicited messages in
violation of applicable laws;
Send or store infringing, obscene, threatening, libelous, or
otherwise unlawful or tortuous material, including material
harmful to children or violative of third party privacy rights;
Send or store material containing software viruses, worms,
Trojan horses or other harmful computer code, files, scripts,
agents or programs;
Interfere with or disrupt the integrity or the performance of the
Website, the Website or Service or the data contained therein;
Attempt to gain unauthorized access to the website.
will not authorize others to use your account;
will not assign or otherwise transfer your account to any other
person or legal entity;
will not use an account that is subject to any rights of a person
other than you without appropriate authorization;
will not use the Service or website for unlawful purposes,
including but not limited to sending or storing any unlawful
material or for fraudulent purposes;
will provide us with whatever proof of identity we may
will comply with all the applicable law from your home nation,
the country, state and/ or city in which you are present while
using the Website or the Service.
ProgrammingWithVishal will have the right to investigate and prosecute violations
of any of the above to the fullest extent of the law. ProgrammingWithVishal may
involve and cooperate with law enforcement authorities in
prosecuting users who violate these User Terms.
You acknowledge that ProgrammingWithVishal has no obligation to monitor your
access to or use of the Website, Service or Collective Content or to
review or edit any Collective Content, but has the right to do so for
the purpose of operating the Website, to ensure your compliance with
these User Terms or to comply with the applicable law or the order or
requirement of a court, administrative agency or other governmental
ProgrammingWithVishal reserves the right, at any time and without prior notice, to
remove or disable access to any Collective Content that ProgrammingWithVishal,
at its sole discretion, considers to be in violation of these User Terms
or otherwise harmful to the Website, the Service or Website.
CONDITIONS FOR USE OF WEBSITE
Please note that in accordance with the Information Technology
(Intermediaries guidelines) Rules 2011 and further guidelines as may
be issued by the appropriate government time to time, in case of non
compliance with rules and regulations, user agreement and privacy
policy, for access or usage of intermediaries computer resources, the Intermediary has the right to immediately terminate the access or
usage rights of the users to the computer resources of Intermediaries
and remove non- complaint information.
You warrant that the information you provide to ProgrammingWithVishal is
accurate and complete. ProgrammingWithVishal is entitled at all times to verify the
information that you have provided and to refuse the Service or use of
the website without providing reasons.
In term of Information Technology ( Intermediaries guidelines )
Rules 2011, you agree and undertake that you shall not host, display,
upload, modify, publish, transmit, update or share any information or
share /list (s) any information or item that :
Belongs to the another person and to which You do not have any
Is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libelous, invasive of anothers privacy,
hateful or racially, ethically, objectionable, disparaging, relating or
encouraging money laundering or gambling or otherwise unlawful
in any manner whatever; or unlawfully threatening or unlawfully
harassing including but not limited to “indecent representation of
women” within the meaning of the Indecent Representation of
Women ( Prohibition) Act,1986;
Harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary
rights or third patry’s trade secrets or right of publicity or privacy
or shall not be fraudulent or involved the sale of counterfeit or
Involves the transmissions of “junk mails”, “chain letters”, or
unsolicited mask mailing or “spamming”;
Violates any law for the time being in force;
Deceives or misleads addressee/ users about the origin of such
messages or communicates any information which is grossly
offensive or menacing in nature;
Impersonate another person;
Contains software viruses or any other computer code, file or
programs designed to interrupt, destroy or limit the functionality of
any computer resources;
Threatens the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign states, or public order or
causes incitement to the communication of any cognizable offence
or prevents investigation of any offence or is insulting any other
Shall not be false, inaccurate or misleading;
ProgrammingWithVishal further reserves the right at its sole discretion to block or
remove (in whole or in part) any content posted or transmitted by you
and which ProgrammingWithVishal believes is not in accordance with this EULA
(including materials which infringe or may infringe third party
intellectual property rights, rights of privacy or personality rights), or
is otherwise unacceptable to ProgrammingWithVishal.
You agree to promptly notify ProgrammingWithVishal in writing of any user
content which breaches these User Terms. You agree to provide to
ProgrammingWithVishal sufficient information to enable ProgrammingWithVishal to investigate
whether such User Content breaches the terms of EULA. ProgrammingWithVishal
agrees to make good faith efforts to investigate such complaint and
shall take such notice as ProgrammingWithVishal in its sole discretion decides.
However, ProgrammingWithVishal does not warrant or represent that it will block
or remove (in whole or in part) such user Content.
CONSEQUENCES OF BREACH OF TERMS
Without limiting other remedies, ProgrammingWithVishal may limit your activity,
immediately remove your information or end your registration, warn
other Users of your actions, temporarily/ indefinitely suspend or
terminate or block your membership, and/ or refuse to provide you
with access to the Website in the event, but not limited to following
agreements rules, policies, terms and conditions as incorporated
herein by reference;
If ProgrammingWithVishal is unable to verify or authenticate any information
provided by you; or
If it is believed that your actions may cause legal liability for other
Users or ProgrammingWithVishal.
User/s who has been suspended or blocked may not register or
attempt to register with ProgrammingWithVishal or use the Website in any manner
whatsoever until such time that such user/s is permitted to do so by
Notwithstanding the forgoing, if you breach the EULA or any other
documents it incorporates by reference, ProgrammingWithVishal reserves the right
to forfeit the money paid by you to ProgrammingWithVishal and to take strict legal
action including but not limited to a referral to the appropriate police
or the other authorities for initiating criminal or other proceedings
ProgrammingWithVishal reserves its right to initiate civil and/ or criminal
proceedings against a user/s who, furnishes invalid/false claim or
misleading information to ProgrammingWithVishal.
Any person who, knowingly and with an intent to injure, defraud or
deceive ProgrammingWithVishal, files Fraudulent information containing false,
incomplete, or misleading information shall be guilty of a criminal
offence and will be prosecuted to the fullest extent to the law.
DEFICIENCY IN SERVICE
ProgrammingWithVishal reserves the right to temporarily/ indefinitely suspend or
terminate your registration and refuse to provide you with access to all
current and future use of the Website at its sole discretion which shall
not be termed as deficiency in service in any manner as per law and
the user/s hereby expressly waives its right to call in question in any manner, any such suspension/termination of services by the
Further, ProgrammingWithVishal reserves its right to suspend the operation of the
website for updation/repair/technical fault or any other reason as the
case may be for which it shall not be liable in any manner including
for deficiency of service under the applicable laws.
You confirm that you shall be responsible for any damage that may
be caused to ProgrammingWithVishal for wrongful use of the website or its content
by you including but not limited to Intellectual property
Violations/Breach of terms & Conditions of EULA or in any manner
as the case may be.
By accepting User Terms and using the Website or Service, you agree
that you shall defend, indemnify and hold ProgrammingWithVishal, its affiliates,
third- parties and their respective shareholders, officers, directors,
agents, and employees, form any losses, liabilities, damages, costs
and expenses, claim or demand, or actions including reasonable
attorneys’ fees asserted against or incurred by ProgrammingWithVishal, made by
any third party arising out of or in connection with:
Your violation or breach of any term of these User Terms or any
applicable law or regulation, whether or not referred herein;
Your violation of any rights of any third party, including experts
arranged via the Website, or
Your use or misuse of the Website or Services.
The information, recommendations and/ or services provided to you
on or through the Website, the Service and the Website is for general
information purposes only as bonafide guidance and does not
constitute any commitment of performance of user in any manner.
ProgrammingWithVishal will reasonably keep the site and its contents correct and
up to date but does not guarantee that (the contents of) the Website are
free of errors, defects, malware and the viruses of that the Website are
correct, up to date and accurate.
ProgrammingWithVishal endeavors to render the utmost quality of the services
rendered, however shall not be liable in any manner for any
interruption in service for any reasons whatsoever.
ProgrammingWithVishal may permit advertisements of third parties on the website
and shall not be responsible for the contents/assurances/services or
anything relating to such third party advertisement in any manner
LIMITATION OF LIABILITY
In no event shall ProgrammingWithVishal be liable for the amount more than that
received by the ProgrammingWithVishal from complainant user/s for any direct,
indirect, incidental, special, incidental, consequential or exemplary
damages including but not limited to damages for non
admission/performance/loss of goodwill, use, data or other intangible
losses arising out of or in connection with the website, its services or
this agreement( however arising, including negligence).
ProgrammingWithVishal assumes no liability whatsoever for any monetary or other
damage suffered by you on account of:
The delay, failure, interruption, or corruption of any data or other
information transmitted in connection with use of the Website;
Any interruption or errors in the operation of the Website.
You are prohibited to engage in direct or indirect communication with
Counselors/consultants of ProgrammingWithVishal except for the purposes of the
services availed by you.
ProgrammingWithVishal intermediate the communication between user/s and
the Counselors which shall be limited for the purposes of service
availed and the ProgrammingWithVishal shall not be responsible for any
communication between the user and the counselor beyond the scope
of the services availed by the user/s in any manner whatsoever.
Violations of policy may result in a range of actions including:
Cancellation of your registration
Limits on account privileges
Compensation for breach of duty
Other proceedings as the law may prescribe
ProgrammingWithVishal may give notice by means of a general notice on the
Website, or by electronic mail to your e-mail address on record in
ProgrammingWithVishal’s account information, or by written communication sent
by regular mail to your address on record in ProgrammingWithVishal’s account
You agree that all the agreements, notices, disclosures and other
communications that we provide to you electronically shall be
deemed adequate service of notice/ electronic record and satisfy any
legal requirement that such communication be in writing in terms of
the present EULA.
ProgrammingWithVishal is always open to the suggestions of the user/s and shall
endeavor to doo all such suggestions that may enhance the utility to
the user/s for the benefit of user/s as well as ProgrammingWithVishal.
However, ProgrammingWithVishal is not bound by such suggestions in any manner
The parties shall attempt that in the event of their being any dispute
between them during your use of the Website or thereafter, in connection
with the validity, interpretation, implementation or alleged breach of any
provision of the User Agreement, or the documents they incorporate by
reference or anything relating to the present EULA, the dispute is settled by
mutual discussion. In the event of failure of discussion the dispute shall be
referred to a sole Arbitrator, who shall be an independent and neutral third
party appointed by ProgrammingWithVishal. The place of arbitration shall be New Delhi,
India. The Arbitration proceedings shall be in the English Language and
shall be governed by Arbitration & Conciliation Act, 1996.
For any dispute arising out of the present agreement only the Courts at Delhi
would Jurisdiction and the you undertake not to raise challenge to the
jurisdiction clause in any manner and accept the jurisdiction of the Court at
If any clause of this Agreement shall be deemed invalid, void or for any
reason unenforceable, such clause shall be deemed severable and shall not
affect the validity and enforceability of the remaining clauses of the
You cannot assign or otherwise transfer this agreement or any rights
granted here under to any third party. ProgrammingWithVishal may transfer its
rights and obligations( also known as “ assign”) under this Agreement
without your prior express consent, provided that ProgrammingWithVishal assigns
the Agreement on the same terms or terms that are no less
advantageous to you.
You undertake that you had every opportunity to take legal opinion on
the present agreement and have understood the legal implications of
every clause before agreeing to the same in totality and using the