TERMS AND CONDITIONS
1. Nature of Services
The Company provides educational programs and training related to financial markets, trading psychology, strategy development, and business mindset enhancement. All Services are strictly educational in nature. The Company is not registered with the Securities and Exchange Board of India (SEBI) as an investment advisor, portfolio manager, research analyst, or financial planner. Nothing provided through the Services shall be construed as investment, financial, legal, or tax advice.
2. Eligibility
By enrolling in or using the Services, you represent and warrant that you are legally competent to enter into a binding contract under applicable law. If you are under the age of 18 years, you confirm that you have obtained parental or legal guardian consent. You accept full responsibility for your participation and decisions.
3. No Investment Advice and No Guarantee
All content shared through classes, recordings, webinars, calls, chat communications, emails, digital platforms, AI tools, or any other medium is for educational and informational purposes only. The Company makes no representation, warranty, or guarantee regarding profits, income, trading success, business growth, or financial outcomes. Financial markets involve substantial risk, and individual results vary depending upon capital, discipline, experience, psychological factors, and market conditions. Any trading or investment decision made by you is solely at your own discretion and risk.
4. Intellectual Property Rights
All materials, including but not limited to videos, recordings, documents, PDFs, presentations, strategies, frameworks, methodologies, systems, trademarks, branding elements, and proprietary concepts, are the exclusive intellectual property of Vijay Kaushik. You are granted a limited, non-transferable, non-exclusive license for personal use only. You shall not copy, reproduce, distribute, publish, modify, transmit, sell, license, create derivative works from, or exploit any content without prior written consent of the Company. Any unauthorized use shall entitle the Company to initiate civil and/or criminal legal proceedings.
5. Strict Non-Competition Covenant
You acknowledge that the Services contain proprietary systems and confidential methodologies. You agree that the program is purchased strictly for personal educational purposes and personal or family wealth growth. You shall not, directly or indirectly, create, promote, operate, associate with, or assist any competing financial education business, training institute, mentorship program, or similar venture that utilizes or is substantially similar to the Company’s proprietary content. In the event of breach, the Company reserves the right to seek injunctive relief and claim damages up to INR 100 Crore for intellectual property infringement, business loss, reputational harm, and associated damages.
6. Recording and Media Usage Rights
You acknowledge and agree that all online and offline sessions may be recorded. By participating, you grant the Company a perpetual, irrevocable, worldwide, royalty-free right and license to use your name, image, voice, likeness, testimonials, chat interactions, and participation recordings for marketing, promotional, advertising, training, and commercial purposes. Such usage may occur across digital platforms, print media, television, social media, advertising networks, artificial intelligence systems, and any existing or future technological medium. No additional consent or compensation shall be required.
7. Code of Conduct
You agree to maintain professional and respectful conduct during all interactions. The Company reserves the right to issue warnings, suspend access, or permanently terminate enrollment in case of abusive, defamatory, disruptive, unethical, or inappropriate behavior. No refund shall be granted in such circumstances.
8. Fees, Refunds, and Non-Transferability
All fees paid are non-refundable and non-transferable. Registration once completed cannot be canceled. Fees cannot be transferred to another individual or adjusted toward another program. In exceptional circumstances, if the Company at its sole discretion considers a refund, such refund may be processed on a prorated basis after deducting administrative charges, applicable taxes, and processing fees. The Company’s decision shall be final and binding.
9. Suspension Policy
If you are unable to attend scheduled sessions, you must formally request suspension by emailing vipdesk@vijaykaushik.com. Suspension shall only be valid upon written confirmation from the Company’s official email address. Failure to send such request shall not qualify as suspension. Suspension does not entitle you to any refund.
10. Limitation of Liability
Under no circumstances shall Vijay Kaushik, the Company, its directors, employees, affiliates, representatives, or team members be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages. This includes but is not limited to trading losses, investment losses, business losses, technical failures, internet disruptions, broker-related issues, platform errors, execution delays, slippage, high market volatility, geopolitical events, economic conditions, misinterpretation of content, emotional distress, or opportunity loss. If you implement any learning and incur small, substantial, or significant financial loss due to any reason whatsoever, the Company shall bear no responsibility in any manner. In any event, maximum liability, if established by a competent court, shall not exceed the amount of fees paid by you.
11. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its representatives from any claims, liabilities, losses, damages, penalties, legal actions, or expenses arising from your breach of this Agreement, misuse of content, violation of intellectual property rights, trading decisions, or disputes with third parties.
12. Monitoring and Enforcement
The Company reserves the right, though not the obligation, to monitor user activity, platform access, communications, and compliance with this Agreement. In case of suspected violations, the Company may suspend or terminate access without prior notice and may initiate appropriate legal action.
13. Third-Party Tools and Platforms
The Company may utilize third-party software, communication tools, analytics platforms, hosting services, payment gateways, AI systems, or other technological infrastructure. The Company shall not be liable for technical errors, downtime, data loss, or service interruptions caused by third-party providers.
14. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or relating to this Agreement shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Delhi, India. Courts in Delhi shall have exclusive jurisdiction.
15. Modification of Terms
The Company reserves the right to modify, amend, or update this Agreement at any time without prior notice. Continued use of the Services after such modification constitutes acceptance of the revised terms.
16. Severability
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
17. Waiver
Failure by the Company to enforce any provision shall not constitute a waiver of its right to enforce such provision in the future.
18. Entire Agreement and Survival
This Agreement constitutes the entire understanding between the parties and supersedes all prior communications. No partnership, joint venture, agency, or employment relationship is created. Provisions relating to intellectual property, non-competition, indemnity, limitation of liability, arbitration, and media usage rights shall survive termination of this Agreement.
19. Contact Information
Vijay Kaushik
Website: https://vijaykaushik.com/
Email: vipdesk@vijaykaushik.com
Office Address:
Office No. 1, C-7/89
Yamuna Vihar
Delhi – 110053
India