Terms of Use
These terms form a legally binding agreement between Users (“User(s), you, your, yourself”) and DIY Schools Private Limited and/or its subsidiaries and affiliates (“DIY, we, us, our”). These terms shall govern the use of the website, mobile application, call centers (collectively referred to as “DIY Platform”) which enables the User to connect with us in relation to the services offered through the DIY Platform ("Services").
Please read these terms carefully before accessing, using, obtaining or availing any products or Services by DIY. If you do not agree with these Terms of Use you may refrain from using the DIY Platform and/or Services. These conditions must be read in conjunction with any other applicable terms and conditions governing the use of DIY Platform and Services.
DIY reserves the right to modify these Terms of Use at any time at its sole discretion. It will be your responsibility to keep yourself updated with the Terms of Use from time to time, your continued usage of the DIY Platform and Services would be deemed to be an acceptance of these terms and the modifications thereto.
1. Scope of Services
DIY through the DIY Platform connects Users with third parties to use website and applications managed and/or owned by third parties (“Channel Partners”) or DIY as the case maybe to help the Users avail the Services. DIY Platform offers Services to its Users by offering its products (“DIY Products”) which shall include but shall not be limited to:
- DIY School
- DIY College
- DIY Coaching
- DIY Tuition
2. Eligibility to use
You must be at least eighteen (18) years of age or above and capable of entering, performing and adhering to these terms. While individuals under the age of 18 may utilize/browse the DIY Platform, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such parent /legal guardian’s registered account. DIY reserves the right to terminate User’s access and refuse to provide User with access to the DIY Platform if DIY discovers that User is under the age of 18 years.
3. Using the DIY Platform : Account Registration and use
DIY makes the Services available to you through the DIY Platform upon you providing DIY certain required User information and having created an account ("Account") through DIY ID and password or other log-in ID and password (collectively, the "Account Information").
The DIY Platform requires you to register as a User by creating an Account in order to utilize the Services provided. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify DIY of any unauthorized use of its Account Information or any other breach of security, and (b) ensure that you exit/log out from the account at the end of each session. DIY cannot and shall not be liable for any loss or damage arising from your failure to comply with this clause. You may be held liable for losses incurred by DIY or any other customer or visitor to the DIY Platform due to authorized or unauthorized use of your account as a result of your failure in keeping its Account Information secure and confidential.
DIY also allows restricted access to the DIY Platform for unregistered users. At the time of registration, you shall ensure that the Account Information provided by you in the DIY Platform registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited.
4. Term & Termination
In case you wish to discontinue you can at any point opt out of your membership of the DIY Platform.DIY deserves the right to unilaterally terminate your use of the DIY Platform without notice or any liability for reasons of breach of the terms mentioned herein.
Terms specifically applicable to Customer:
Users availing Services and DIY Products via the DIY Platform (hereinafter referred to as “Customers”) shall be governed by the following terms and conditions:
A. Reservation or booking of services
The process of booking Services from this DIY Platform may require you to disclose your personal and confidential information. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services. The User agrees, acknowledges and confirms that before placing any order on the DIY Platform, the User shall check the Service description and price carefully and by placing an order for a Service you agree to be bound by these terms including the Services’ description. You shall only place the order after fully satisfying yourself with the price, description, look as has been displayed on DIY Platform. DIY shall not be responsible unsatisfactory or delayed performance of services or damages or delays as a result of Channel Partner’s act’s or omissions That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with the terms, and believing the same to be true and acting on the faith thereof, DIY has agreed to provide the Services to the User as per the terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to DIY:
a. the User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to DIY for Services ordered by the User.
b. In the event of detecting any suspicious activity from User’s account, DIY reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.
c. In a credit card transaction; you must use your own credit card for which User has full right & authority to validly use such Credit Card for making payment to DIY. DIY shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User.
d. While using the DIY Platform User shall at all times strictly comply with the payment procedure and the terms mentioned herein in their entirety.
e. Your use of the Services shall be deemed that you are fully satisfied with the description, look and design of the accommodation and usage fee of the accommodation as has been displayed on DIY's Platform.
The User agrees and acknowledges that in the DIY Platform all Services are offered only at the sole discretion of DIY.
B. Payment & Usage Fee
You hereby agree and understand that you will have to pay the usage fee as mentioned on the DIY Platform for the concerned Services via the payment mode provided on the DIY Platform post which User’s requested reservation will be confirmed. Once the admission has been confirmed, DIY will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.
DIY uses third party payment providers to receive payments from User. DIY is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. DIY takes utmost care to work with third 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.
User making payments for Services provided via the DIY Platform, would be making payments to the entities mentioned as per the link mentioned in the tab named Payment for Services.
C. No Warranty
By using the DIY Platform you hereby acknowledge and agree that DIY is not a school/college/coaching/tuition owner and has no control over the conduct or behaviour of the management of any property or the quality, fitness or the suitability of the services provided by third party offering services. DIY disclaims any and all liabilities in this regard. You are requested to kindly take due care of all their personal valuables and belongings. DIY and its employees shall DIY be responsible for any loss, theft or damage to the Students’' personal valuables and belongings.
6. Usage terms
The information, materials, Services available on the DIY Platform may inadvertently include inaccuracies, typographical errors, or outdated information, DIY is not responsible for and shall not be bound to honour typographical or pricing errors on the DIY Platform. DIY reserves the right to refuse or cancel admissions at any time, including but not limited to the admissions that contain incorrect prices or product descriptions, orders in which DIY believes the User has violated applicable laws or these terms, orders that DIY believes are harmful to DIY or orders that DIY believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. DIY neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. DIY expressly disclaims any warranties whether express or implied about the accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components of the Services and/or products.
DIY shall not be responsible for the delay or inability to use the DIY Platform unrelated functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the DIY Platform, or otherwise arising out of the use of the DIY Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, DIY shall not be held responsible for non-availability of the DIY Platform during periodic maintenance operations or any unplanned suspension of access to the DIY Platform that may occur due to technical reasons or for any reason beyond DIY’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the DIY Platform 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 or data. DIY accepts no liability for any errors or omissions, with respect to any information provided to the User.
7. Prohibited Content
As a pre-condition of use of the DIY Platform, User warrants to DIY that User shall not use this DIY Platform for any purpose that is unlawful, unauthorized, or inconsistent with these terms, and the User agrees that this license to use DIY Platform will terminate immediately upon User's violation of this warranty. DIY reserves the right, at its sole discretion, to block/terminate User's access to this DIY Platform and its content at any time, with or without notice. The User agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the DIY Platform by the User:
a. shall not be false, inaccurate, misleading or incomplete; or b. shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards; or c. shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or d. shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; or e. shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or f. shall not create liability for DIY or cause DIY to lose (in whole or in part) the services of DIY’s ISPs or other service providers/suppliers. If the User contravenes the foregoing or DIY has reasonable grounds to suspect that the User has contravened the foregoing, DIY has the right to indefinitely deny or terminate User's access to the DIY Platform and to refuse to honor the User's request(s).
The Users are prohibited from engaging in the following activities:
a. Systematically retrieve data or other content from the DIY Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
b. Make any unauthorized use of the DIY Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
. c. Circumvent, disable, or otherwise interfere with security-related features of the DIY Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the DIY Platform and/or the Content contained therein.
d. Engage in unauthorized framing of or linking to the DIY Platform.
e. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
f. Make improper use of our support services or submit false reports of abuse or misconduct.
g. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
h. Interfere with, disrupt, or create an undue burden on the DIY Platform or the networks or services connected to the DIY Platform.
i. Attempt to impersonate another user or person or use the username of another user.
j. Sell or otherwise transfer your profile.
k. Use any information obtained from the DIY Platform in order to harass, abuse, or harm another person.
l. Use the DIY Platform as part of any effort to compete with us or otherwise use the DIY Platform and/or the Content for any revenue-generating endeavour or commercial enterprise.
m. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the DIY Platform.
n. Attempt to bypass any measures of the DIY Platform designed to prevent or restrict access to the DIY Platform, or any portion of the DIY Platform.
o. Copy or adapt the DIY Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
p. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the DIY Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the DIY Platform.
q. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
r. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the DIY Platform, or using or launching any unauthorized script or other software.
s. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the DIY Platform.
t. Use the DIY Platform in a manner inconsistent with any applicable laws or regulations.
8. Communications
When you use the DIY Platform, you agree and understand that you are communicating with DIY through electronic records and you consent to receive communications via electronic records from DIY periodically and as and when required. DIY may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that DIY shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. Further, DIY will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this DIY Platform, you agree that DIY shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you agree that DIY shall not be held liable or responsible for 'phishing attacks' on you. You may accept or decline the cookies when you accesses DIY Platform. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.
9. Third Party Links
This DIY Platform may at DIY sole discretion, contain links to DIY Platforms owned and maintained by persons or entities other than DIY. DIY may also provide links to the other sites for purpose of enabling the Customer to make payment to DIY. Any of the foregoing links do not constitute an endorsement by DIY of any such sites and are provided only as a convenience. DIY is not responsible for the content or links displayed on such sites. DIY is not responsible for the privacy practices of such sites which DIY does not own, manage or control. DIY does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this DIY Platform may be linked and DIY shall not be responsible for any deficiency thereof. DIY does not endorse any or all of the materials, Services, and services available on such linked sites, and DIY expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of User and is made at User’s own risk.
10. Insurance
Travel Insurance provided as a part of DIY's services shall be as per the terms and conditions of the third-party insurance company, Acko General Insurance (hereinafter “Acko”). DIY merely acts as a facilitator in connecting the User with Acko. The User shall contact Acko directly for any claims or disputes. DIY shall not be held liable in case of partial acceptance or denial of the claims by Acko and DIY has no role or liability in claims settlement.
It is clarified that a claim raised under the relevant insurance policy would act as a bar against any endorsement in the policy which would include but not be limited to changes relating to extension/curtailment of stay period and addition/deletion of guests covered under the policy.
11. Intellectual Property
DIY Platform and the content posted herein which shall include but shall not be limited to pictures, branding, text, graphics, designs, brand logos, audio, video, interfaces and /or any other information, or the overall arrangement of content is protected and is owned, controlled or licensed by or to DIY; all comments, feedback, ideas, suggestions, information or any other content provided by the User(hereinafter referred to as “DIY IP”). You may not modify, publish, copy, transmit, transfer, sell, reproduce, modify create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, translate, mirror, display or commercially exploit DIY IP in any other way.
The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to DIY or DIY Platform (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for DIY to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that he/she may contribute to this DIY Platform and that use of his/her content by DIY shall not infringe upon or violate the rights of any third party.
12. Privacy
Please refer the privacy policy which will also govern your use of DIY Platform and/or Services which can be accessed here:
13. Indemnification
Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to DIY herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold DIY harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by DIY that arise out of or related to your use or misuse of the of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.
14. No warranty
The Services are provided by DIY on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, DIY makes no warranty that (i) DIY Platform or the Services will meet your requirements or your use of the DIY Platform or will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the DIY Platform, or Services will be effective, accurate or reliable; (iii) the quality of the DIY Platform, or Services will meet your expectations; or that (iv) any errors or defects in the DIY Platform or Services will be corrected. No advice or information, whether oral or written, obtained by you from DIY or through or from use of the DIY Platform shall create any warranty not expressly stated in the terms of use. DIY shall have no liability to the User for any interruption or delay, to access the DIY Platform irrespective of the cause.
It is hereby further clarified that DIY and Channel Partners are separate and independent entities and DIY does not work as representative or agent of the Channel Partner. By making a reservation/booking at the listed Accommodations the User enters into commercial/ contractual terms as offered by and agreed to between Channel Partner and the User alone.
The User hereby assumes the sole risk of booking or making use or relying on the information relating to the Services available on this Website/ Mobile Application/ Call Center/ Partners. It is User’s responsibility to check the details of the Accommodations listed on the DIY Platform at its sole discretion. DIY shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Channel Partner. In no event, shall DIY be made a party to dispute between User(s) and Channel Partner(s) except in cases of online payments where DIY shall be considered the first point of contact. DIY will be the first point of contact in respect of online payment dispute management, refunds, cancellations, returns and customer support as they relate to the use of DIY platform. User can reach out to DIY to mediate or resolve any online payment dispute or disagreement between User and Channel Partners.
This website uses Mouseflow, a third-party analytics tool, to track page content and click/touch, movement, scroll, and keystroke activity. You can opt-out at http://mouseflow.com/opt-out.
15. Limitation of Liability
DIY shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this DIY Platform or any of the information, software, services and related graphics contained within the DIY Platform or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if DIY has been advised of the possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, DIY'S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF AVAILING OYO SERVICES/ BROWSING THE DIY PLATFORM SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.
16. General Provisions
Governing Law and Jurisdiction: This Agreement, and all transactions entered into on or through DIY Platform shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the DIY Platform, the terms or any transactions entered into on or through the DIY Platform or the relationship between User and DIY shall be subject to the exclusive jurisdiction of the courts at Lucknow and User hereby accede to and accept the jurisdiction of such courts.
No Waiver :Any failure, delay or forbearance on the part of DIY in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by DIY of any right, power or privilege preclude any other future exercise or enforcement thereof.
Severability: The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.
17. Refund Claim Period
If you wish to claim a refund, you have an option to raise the request within 7 days from your payments.