Terms & Conditions - Prime Trivium

Terms and Conditions for Prime Trivium

1. Introduction

Welcome to Prime Trivium! We provide online tutoring services, test preparation, live demonstration classes, and other educational programs (the “Services”). These Services are accessible at www.primetrivium.com, our associated websites (including JNC Review and JNC Park), and through our applications for mobile, tablet, and other smart devices (the “Applications”).

By accessing or using our website (the “Site”), Applications, or Services, you are confirming that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). These Terms apply whether or not you have registered for an account with us.

Please read these Terms carefully, as they contain important information regarding your legal rights, remedies, and obligations. If you do not agree with these Terms, then you do not have the right to access or use our Site, Applications, or Services. Your use of our Services constitutes a binding agreement between you and Prime Trivium.

2. Definitions

In these Terms, the following definitions apply:

“Courses”: Refers to the educational courses, tutoring packages, test preparation series, and other academic programs listed on our Site or Applications.
“Course Fees”: The amounts that are due and payable by a Student for enrolling in a Course.
“Collective Content”: The combination of Member Content and Prime Trivium Content.
“Content”: Includes all text, graphics, images, music, software (excluding our Applications), audio, video, information, or other materials.
“Listing”: A Course that is listed by Prime Trivium as available through the Site, Applications, or Services.
“Member”: Any person who completes the Prime Trivium account registration process. This includes, but is not limited to, Tutors and Students.
“Member Content”: All Content that a Member posts, uploads, publishes, submits, or transmits to be made available through our platform, including in their profile or in a promotional campaign.
“Payment Method”: A payment method you have added to your Prime Trivium Account, such as a credit card, debit card, or net banking.
“Student”: A Member who enrolls in Courses on our Site or Applications. For minors, “Student” refers to the parent or legal guardian who enrolls their child or ward.
“Tax” or “Taxes”: Any applicable sales taxes, value-added taxes (VAT), goods and services taxes (GST), service tax, and other similar taxes that Prime Trivium may be required by law to collect and remit to government agencies.
“Tutor” or “Teacher”: A Member who has been selected by Prime Trivium to provide educational services through the Site or Applications.
“Prime Trivium Content”: All Content that Prime Trivium makes available through the Site, Applications, or Services, including content licensed from a third party, but excluding Member Content.

3. Terms of Service

By using the Site, Applications, or Services, you agree to comply with and be legally bound by these Terms, whether or not you become a registered user. These Terms constitute a binding legal agreement between you and Prime Trivium.

You further agree to allow Prime Trivium to contact you via phone call or other electronic means to provide information about existing services, new products, and promotional offers. You agree that such communications will not be subject to any “Do Not Disturb” (DND) regulations.

In certain areas of our platform, additional terms, policies, or guidelines may apply. If there is a conflict between these general Terms and the terms posted for a specific area, the latter terms will take precedence for that specific area.

If you do not agree to these Terms, you have no right to obtain information from or continue using the Site, Applications, or Services. Failure to comply with these Terms may subject you to civil and criminal liabilities.

Our Site, Applications, and Services constitute an online platform where we create and offer Courses, and Students can learn about and enroll in these Courses directly.

By using our Services, you confirm you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, “you” and “your” will refer to that entity.

4. GDPR Compliance Statement

Prime Trivium respects and complies with the EU General Data Protection Regulations (GDPR). Key aspects of our compliance include:

Consent: We clearly explain what you are consenting to and ask for your explicit consent for contact.
Breach Notification: In the event of a data breach, we will notify affected users within 72 hours of becoming aware of it.
Right to Access: You can request confirmation of whether your personal data is being processed, where, and for what purpose. We will provide a copy of your personal data in an electronic format upon request.
Right to be Forgotten: You can request the deletion of your personal data, which we will perform after balancing your rights with any public interest in the data’s availability.
Data Portability: We allow you to receive your personal data in a commonly used, machine-readable format and to transmit it to another service provider.
Privacy by Design: We implement appropriate technical and organizational measures to protect data subjects’ rights, processing only the data necessary for our duties (data minimization) and limiting access to authorized personnel.

5. Usage of Our Services

Our Site, Applications, and Services are designed to facilitate Student enrollment in our Courses. While you may browse Listings as an unregistered visitor, you must register and create a Prime Trivium Account to enroll in any Courses. Our responsibility is limited to making these Courses available through our platform.

6. Account Registration

To access most features and enroll in Courses, you must register to create an account (a “Prime Trivium Account“) and become a Member. Tutors are also registered Members with a Prime Trivium Account.

You may register directly on our Site or through a third-party social networking site (“SNS“) like Google or Facebook (a “Third-Party Account“). You can link your Prime Trivium Account with a Third-Party Account by either providing your login information to us or by authorizing us to access your account. You represent that you are entitled to disclose this information to us without breaching the terms of your Third-Party Account.

By granting us access, you understand that we will access and store any content you have provided to that Third-Party Account (“SNS Content“) and make it available through your Prime Trivium Account. This SNS Content is considered Member Content. The personally identifiable information available will depend on the privacy settings you have set with the SNS provider. If your Third-Party Account becomes unavailable, the SNS Content will no longer be available through our platform. You can disable this connection at any time in your settings. Your relationship with these third-party providers is governed solely by your agreements with them. We do not review SNS Content for accuracy or legality and are not responsible for it.

Your Prime Trivium Account will be created based on the information you provide or that we obtain via an SNS. You may not have more than one (1) active Prime Trivium Account. You agree to provide accurate, current, and complete information and to keep it updated. We reserve the right to suspend or terminate your account if you create more than one account or if any information provided is inaccurate, fraudulent, or incomplete.

You are responsible for safeguarding your password. You agree not to disclose it to any third party and to take sole responsibility for all activities or actions under your account, whether authorized by you or not. You must notify Prime Trivium immediately of any unauthorized use of your account.

7. Course Listings

Prime Trivium will create Listings for our various online Courses. These Listings will include details about the Course, such as the subject, topics covered, number of sessions, mode of delivery, time slots, pricing, and other related terms. Listings will be publicly available. The placement or ranking of Listings in search results may depend on various factors, including student preferences and ratings.

Students can view Courses based on the information in the Listing and their own search parameters.

Please note, Prime Trivium assumes no responsibility for a Student’s compliance with their own agreements or duties to third parties. We reserve the right, at any time and without notice, to remove or disable access for any Student if we, in our sole discretion, consider their conduct objectionable, in violation of these Terms, or harmful to our platform.

To enroll in a Course, you will be required to upload certain information, such as a profile picture or a verified phone number. All Members wishing to enroll must meet these requirements.

8. No Endorsement

By using our Services, you agree that any legal remedy or liability you seek for the actions or omissions of other Members or third parties will be limited to a claim against that particular party. You agree not to attempt to impose liability on or seek any legal remedy from Prime Trivium with respect to such actions or omissions.

9. Payment Terms

If you request to enroll in a Course, we will either confirm or reject the request within 30 days (the “Enrollment Request Period”); otherwise, the request will expire. If we are unable to confirm or decide to reject the request, any amount collected will be refunded to you. Upon confirmation, we will send you a confirmation via email, text message, or through the Application.

The Course Fees will be displayed to you before you send an enrollment request. Upon receiving your request, we may initiate a pre-authorization or charge a nominal amount to your Payment Method. If a requested enrollment is canceled before any services are rendered, any amounts collected will be refunded.

Prime Trivium will collect the full Course Fees from Students at the time of the enrollment request.

Prime Trivium agrees that no refund will be permitted once a Course has been purchased by a Student.

You agree that Prime Trivium will raise a system-generated invoice for any Course enrollment or other payment, inclusive of all applicable Taxes. As a Student, you agree to pay the Course Fees for any enrollment requested in connection with your Prime Trivium Account. Once your confirmed enrollment is complete, you will receive a confirmation email.

10. Student Reschedule and Cancellation Policy (One-on-One Classes)

This policy applies to Students availing one-on-one coaching classes from Prime Trivium.

Each course package stipulates a set number of sessions.
If a Student cannot attend a session, they must request to reschedule through the student portal within the timeline mentioned below.
Except for medical emergencies, reschedule requests must be made at least three (3) hours before the scheduled start time of the class.
In case of sickness, the Student or Parent must inform the Tutor. A medical certificate must be produced within seven (7) days of the missed session to qualify for a compensatory class, which will be scheduled at a mutually agreed time.
Only absences informed as described above will qualify for a compensatory class.
If a Tutor is unavailable, with or without notice, the session will be compensated. However, no refund will be issued for such cancellations. Prime Trivium will ensure all eligible sessions are compensated by the same or an alternate Tutor. No refunds will be given for cancellations due to technical issues on Prime Trivium’s end; alternative classes will be provided instead.
If a Student has not joined the class within 15 minutes of the scheduled start time, the class may be canceled at the Tutor’s discretion. This will be considered a missed class, and the Student will not be entitled to a refund or a compensatory class.
Prime Trivium reserves the right to transfer a Student to another Tutor of the same caliber in special cases, at its sole discretion.
This policy may be revised from time to time. Students and Parents are advised to check this policy regularly for updates.

11. Cancellations and Refunds (Subscriptions)

A Student may apply to terminate their subscription to a Course at any time. The subscription will be terminated according to the terms of the Listing, and the Student will not be charged for the next billing cycle.

Prime Trivium will not refund any unutilized fees for any part of the Services. Termination of a subscription does not relieve the Student of any prior obligations, including payment for Services already rendered.

12. Taxes

You understand and acknowledge that appropriate governmental agencies may require Taxes to be collected from Students on the amount paid for a Course and remitted to the respective Tax Authority. These Taxes may be calculated as a percentage of the Course Fees.

13. User Conduct

You are solely responsible for compliance with all laws, rules, regulations, and Tax obligations applicable to your use of our Services. In connection with your use of our platform, you agree that you will not:

Violate any local, state, national, or other law or regulation.
Use manual or automated software (e.g., scripts, robots, scrapers, crawlers, spiders) to access or collect data from any part of our platform.
Access or use any Prime Trivium Content in a way that is not publicly displayed, is inconsistent with our Privacy Policy, or violates the privacy rights of our users or any third party.
Use our platform for any commercial purpose not expressly permitted by these Terms, or in a way that falsely implies our endorsement or partnership.
Damage or tarnish the Prime Trivium brand, including through unauthorized use of our Content or by registering domains, trade names, or trademarks that are confusingly similar to ours.
Copy, store, or access any information on our platform for purposes not expressly permitted by these Terms.
Infringe upon the rights of Prime Trivium or any other person or entity, including their intellectual property, privacy, or contractual rights.
Interfere with or damage our Site, Applications, or Services through the use of viruses, Trojan horses, denial-of-service attacks, or similar harmful methods.
Use our platform to transmit information about another person without their permission, including photos or personal contact/financial information.
Distribute unsolicited commercial email (“spam”) or unrelated advertisements.
“Stalk,” harass, or collect personally identifiable information about any other user for purposes other than transacting as a Prime Trivium Student.
Register for more than one Prime Trivium Account or register an account on behalf of someone else (unless you are a parent or guardian registering for your minor child/ward).
Contact another Member for any purpose other than asking a question related to an enrollment, Course, or their use of our Services.
Recruit or solicit any Member to join a third-party service or website that is competitive to Prime Trivium without our prior written approval.
Impersonate any person or entity or misrepresent your affiliation with them.
Use automated scripts to collect information from or interact with our platform.
Use our platform to find a Student and then complete the enrollment independently to circumvent the obligation to pay our fees.
Engage in disruptive, abusive, or harassing behavior.
Post, upload, or transmit any Content that is infringing, illegal, fraudulent, false, misleading, defamatory, obscene, pornographic, discriminatory, hateful, violent, threatening, or promotes illegal or harmful activities.
Systematically retrieve data from our platform to create or compile a collection, database, or directory without our permission.
Use, display, mirror, or frame our platform, our name, trademark, logo, or proprietary information without our express written consent.
Access, tamper with, or use non-public areas of our platform or computer systems.
Attempt to probe, scan, or test the vulnerability of any Prime Trivium system or breach any security measures.
Attempt to bypass or circumvent any technological measure implemented to protect our platform.
Forge any part of a TCP/IP packet header or send altered, deceptive, or false source-identifying information.
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide our Services.
Advocate, encourage, or assist any third party in doing any of the above.
Accept or make a payment for Course Fees outside of the Prime Trivium platform. If you do, you acknowledge you are in breach of these Terms, accept all risks, and hold Prime Trivium harmless from any liability for such payment.

Prime Trivium has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may take a range of actions against you for a violation, including deactivating or canceling your Prime Trivium Account.

We may access, preserve, and disclose your information if required by law or if we believe in good faith it is reasonably necessary to: (i) respond to legal claims, (ii) enforce our agreements, (iii) for fraud prevention, risk assessment, investigation, and customer support, or (iv) protect the rights, property, or safety of Prime Trivium, its users, or the public.

You acknowledge that Prime Trivium has no obligation to monitor your access or use of the platform, but we have the right to do so to operate and improve our Services, ensure your compliance with these Terms, comply with the law, and respond to content we find objectionable. We reserve the right, at any time and without notice, to remove or disable access to any Content that we, at our sole discretion, consider to be objectionable, in violation of these Terms, or otherwise harmful.

14. Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit, or transmit Member Content. By making any Member Content available on or through our platform, you hereby grant to Prime Trivium a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit, and otherwise exploit such Member Content on, through, or to promote or market our Site, Applications, and Services.

Prime Trivium does not claim any ownership rights in any such Member Content, and nothing in these Terms will be deemed to restrict any rights you may have to use and exploit your own Member Content.

15. Your Responsibility for Member Content

You acknowledge and agree that you are solely responsible for all Member Content that you make available through our Site, Applications, Services, or promotional campaigns.

Accordingly, you represent and warrant that: a) You are either the sole and exclusive owner of all Member Content you make available, or you have all necessary rights, licenses, consents, and releases to grant Prime Trivium the rights in such Content as contemplated under these Terms; and b) Neither your Member Content, nor your posting, uploading, or sharing of it, nor Prime Trivium’s use of it (or any portion thereof) will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Community Conduct and Posting Rules These Terms and Conditions are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 of India, which require publishing the rules and regulations, privacy policy, and terms for access or usage of the Site.

You are advised not to post any information or messages that are, or could be construed as, malicious, defamatory, inappropriate, slanderous, pornographic, or sexually oriented. Do not make attacks on or post comments about any individuals, groups, educational institutions, or other entities. You also agree not to post any information for which you do not hold the copyright or other necessary permissions. Your failure to comply may result in the removal of your postings without prior notice. The IP address of all posts is recorded to aid in enforcing these conditions.

16. Links to Third-Party Websites

Our Site, Applications, and Services may contain links to third-party websites or resources. You acknowledge and agree that Prime Trivium is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services available on them. Links to such websites do not imply any endorsement by Prime Trivium. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

17. Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improving our Services (“Feedback“). You may submit Feedback by emailing us or through the “Contact” section of our Site. You acknowledge and agree that all Feedback you provide will become the sole and exclusive property of Prime Trivium. You hereby irrevocably assign to Prime Trivium all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, and other intellectual property rights therein.

18. Copyright Policy

Prime Trivium respects copyright law and expects our users to do the same. It is our policy to terminate, in appropriate circumstances, the Prime Trivium Accounts of Members who are found to be repeatedly infringing the rights of copyright holders.

19. Term, Termination, and Suspension

Term: This Agreement is effective for as long as you access or use our Services, until such time as you or Prime Trivium terminate it as described below.
Termination by You (For Convenience): You may terminate this Agreement at any time via the “Cancel Account” feature on the Site or by sending us an email. If you cancel your account, any confirmed enrollments will be automatically canceled, and any refund will be subject to the terms of the applicable cancellation policy.
Termination by Us (For Breach or Other Reasons): Prime Trivium may immediately and without notice terminate this Agreement if: (i) you have materially breached these Terms or our Policies; (ii) you have provided inaccurate, fraudulent, or incomplete information; (iii) you have violated applicable laws or third-party rights; or (iv) we believe in good faith that such action is necessary to protect the safety or property of other Members, Prime Trivium, or third parties (e.g., for fraud prevention or investigation).
Suspension and Other Measures: In addition, Prime Trivium may deactivate reviews, cancel enrollments, limit your access, or temporarily or permanently suspend your account if you have breached these Terms (including non-material breaches or receiving poor ratings) or if we believe such action is necessary for safety, security, or fraud prevention. In the case of non-material breaches, where appropriate, you will be given notice and an opportunity to resolve the issue to our reasonable satisfaction.
Consequences of Termination: If we take any of the measures described above, we may (i) inform Students that a pending or confirmed enrollment has been canceled, (ii) refund Students in full, irrespective of pre-existing cancellation policies, (iii) assist Students in finding alternative Courses, and (iv) you will not be entitled to any compensation for enrollments that were canceled as a result.
Post-Termination: If this Agreement is terminated, we have no obligation to delete or return your Member Content, including reviews or Feedback. You are not entitled to a restoration of your account. If your access has been limited, suspended, or terminated by us, you may not register a new account or attempt to access the Services through another account.

20. Survival

If you or we terminate this Agreement, the clauses of these Terms that by their nature should reasonably survive termination will remain in effect.

21. Disclaimers

If you choose to use our Site, Applications, Services, or Collective Content, you do so at your sole risk.

You acknowledge that Prime Trivium has no obligation to conduct background checks on any Member but may do so in its sole discretion. To the extent permitted by law, we disclaim any warranties that such checks will identify prior misconduct or guarantee a user will not engage in misconduct in the future.

The Site, Applications, Services, and Collective Content are provided “as is” and “as available,” without warranty of any kind, either express or implied. Prime Trivium explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. We make no warranty that our Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of any Courses or the accuracy, timeliness, or reliability of any Content.

No advice or information, whether oral or written, obtained from Prime Trivium or through the Services will create any warranty not expressly made herein.

You are solely responsible for all your communications and interactions with other users of our Services. You understand that Prime Trivium does not attempt to verify the statements of users. We make no representations or warranties as to the conduct of users. You agree to take reasonable precautions in all interactions, particularly if you decide to meet in person. Prime Trivium explicitly disclaims all liability for any act or omission of any Student or other third party.

22. Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of our Services and Content remains with you.

Neither Prime Trivium nor any other party involved in creating or delivering the Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, service interruption, or computer damage, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or the use of our Services.

In no event will Prime Trivium’s aggregate liability arising out of or in connection with these Terms and your use of our Services exceed the amounts you have paid or owe for enrollments via the platform as a student in the three (3) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Prime Trivium and you.

23. Indemnification

You agree to release, defend, indemnify, and hold Prime Trivium and its affiliates, subsidiaries, officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal and accounting fees) arising out of or in any way connected with: (a) your access to or use of the Services or your violation of these Terms; (b) your Member Content; or (c) your interaction with any Member or enrollment in any Course, including any resulting injuries, losses, or damages of any kind.

24. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Prime Trivium and you regarding the Services and supersede any and all prior oral or written understandings or agreements.

25. Notices

Any notices or other communications permitted or required hereunder, including modifications to these Terms, will be in writing and given by Prime Trivium (i) via email to the address you provide, or (ii) by posting to the Site or via the Application. For notices sent by email, the date of receipt is the date on which the notice is transmitted.

26. Governing Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of India. You and we agree to submit any dispute arising under these Terms to the personal jurisdiction of a court located in New Delhi, Delhi, India for any actions for which injunctive or other equitable relief is sought.

Any other dispute, claim, or controversy shall be determined by arbitration in India before a sole arbitrator mutually appointed by the parties. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be New Delhi. All proceedings and awards shall be in the English language. The award shall be final and binding.

27. No Waiver

The failure of Prime Trivium to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Any waiver will be effective only if in writing and signed by a duly authorized representative of Prime Trivium.

28. Miscellaneous Provisions

Prime Trivium shall have no liability for any losses whatsoever, from or in any manner connected with the Services we provide.
Prime Trivium is not liable for any failure or delay of performance arising out of a cause beyond our reasonable control.
You may not assign or transfer these Terms without Prime Trivium’s prior written consent. Prime Trivium may assign or transfer these Terms at its sole discretion, without restriction.
Prime Trivium reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Prime Trivium is not liable to you or any third party for any such modification, suspension, or discontinuance. It is your responsibility to review these Terms periodically for changes.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the information provided by us.
You agree that if your posts or information violate any provision of these Terms, we have the right to refuse service and to terminate or suspend your access.

29. Acknowledgment of Agreement

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS CONTAINED IN THESE TERMS AND CONDITIONS.