Terms & Conditions
Welcome to https://www.nirayaeducation.com/ (“Website”), the official Website of Niraya Education (“NIRAYA”), (also identified by “we” or “us” or “our”), a passionate and committed platform focused on child development through socialization and/ or enculturation (“Platform”) . This Website is the property, exclusively owned and operated by NIRAYA. Please read these terms and conditions as well as those additional terms and conditions and policies, mentioned in or referenced on this Website and/or are available by hyperlink (“Terms”) very carefully as this is a legal and binding agreement between you, the user (also identified by “you” or “your” or “user”) and us. Your use of this Website and its Services are subject to your acceptance of and compliance with the following Terms. By entering and using this Website or booking the Services from this Website you agree to have read, understood and be bound by all of the Terms. These Terms apply to all users of the Website, including without limitation users who are browsers, employees, customers, merchants, and/ or contributors of content.
The Terms are effective upon acceptance and govern the relationship between you and us. Access to any part of the Website or any content downloaded from it is contingent on your acceptance of and compliance with these Terms and Privacy Policy. In the event the Terms conflict with any other document / policy / content on our Website, the Terms will prevail over them, for the purposes of usage of the Website. If you do not agree to be bound by the Terms, the Privacy Policy and other content, you may not use our Website in any way and should exit immediately.
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These Terms are binding upon you and your heirs, representatives, successors and assigns, as may be applicable. The headings of the several sections and subsections of these Terms are inserted solely for the convenience of reference and shall have no further meaning, force or effect.
Any new features or tools which are added to the current Website shall also be subject to the Terms. You can review the most updated Terms at any time on this page. We reserve the right to update, change, amend or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for any changes as we may not be able to provide you with a prior notice for every update. Your continued use of or access to the Website following the posting of any changes constitutes an acceptance of those changes.
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Online Terms
By agreeing to these Terms, you represent that you are at least the age of majority, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this Website.
You shall not use our Services for any illegal or unauthorized purpose nor shall you, in the use of the Services and products, violate any laws in your jurisdiction (including but not limited to Intellectual Property laws).
You must not transmit any viruses or any code of a destructive nature on or through this Website.
A breach or violation of any of the Terms will result in an immediate termination of your use of this Website and the Services provided within.
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Services
The services available on the Website pertaining to providing child development services (“Services”) are subject to change and upgradation and are only subject to cancellation and refunds in accordance with our Cancellation and Refund Policy.
It is the sole responsibility of the user enrolling into a Service(s) to check the accuracy of, and evaluate the suitability and relevance of, the Services opted for. The enrolment into a specific Service is non-transferable.
We have taken all possible care and precaution in the preparation of the content on this Website, including all details regarding workshops, programmes and other such events. All fees paid during booking of the Services shall be inclusive of all applicable taxes. While we have made all efforts to display accurate information regarding the Services on offer on the Website, there can still be typographical or other errors and therefore we cannot guarantee absolute accurate description of any or all of the Services. To the extent permitted by applicable law, we do not warrant that the Services, information, or other material obtained by you will meet your expectations, or be suited to you or be accurate. We shall not be liable to any legal entity, whether person or company, firm and so on, for any loss or damage which may arise from the use of any of the information contained on this Website or Services received.
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Use of the Website
The Services you book (whether the same is paid for by you or not) is meant for your exclusive use. Copying or downloading material or recreating or sharing passwords or sharing in any manner which is not in accordance with these Terms, is a misuse of this Website and, or the Services provided and NIRAYA reserves its rights to act in such manner as to protect its loss of revenue or reputation or claim damages including stopping your access to the Website service and reporting to relevant authorities. In the event you are found to be copying or misusing or transmitting, scraping or crawling any data or photographs or graphics or any information available on the Website and, or any or all of the Services or any material for any purpose other than that being a bonafide use, we reserve the right to take such action that we deem fit including stopping access and claiming damages.
Please take care of the following during the use of the Website:
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Whilst using this Website an obligation is cast upon you to only provide true and correct information and in the event you create an account, you undertake that at all times you will keep the information you provide up to date, true and accurate.
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We reserve the right to remove/suspend any content or account providing false/incorrect or incomplete or outdated information or masquerading/impersonating as someone else.
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Keep your contact details upto date. Wrong and false details by themselves can be a cause for termination of Services. Also, as a consequence we may not be able to reach you.
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You are fully responsible for all activities that occur under the account and any other actions taken in connection with the Platform. It is presumed that all activity taking place through a user’s account on the NIRAYA Website are being done after having obtained proper authorizations and all lawful permissions as may be applicable. Therefore, do not share your password or any personal information for others to access.
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The Website may contain links to third party websites/apps, these links are provided solely as convenience to you and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same, if you choose to access these websites/apps you do so at your own risk.
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The Website and the Services offered are meant only for legitimate and lawful uses. NIRAYA has the sole and absolute right to determine whether a specific type of action or use falls within the scope of its use.
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The following actions will inter alia constitute a misuse of the Website and/or the Services offered and are strictly prohibited:
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Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, information, including profiles, photographs and/or graphics, available on the Website and/or any Services of NIRAYA, in any manner or for any purpose which is not, consistent with the use of the Website and/or in accordance with these Terms. You are expressly prohibited from using or exploiting the Website, Platform and/or any content or data provided therein for: (i) any commercial purposes without prior written consent of NIRAYA; and/or (ii) undertaking any business activity which is in competition with the business of NIRAYA;
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Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content from the Platform;
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Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (i) any portion or feature of the Website or any of the Services offered on or through the Website which are not intended for you; (ii) any server, Website, program or computer systems of NIRAYA or any other third parties and/or users;
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Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of the Website or any computer networks connected to the Website, by any other user;
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Impersonating any other person or entity, or making any misrepresentation as to your personal details by or affiliation with any person or entity;
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Stalking, threatening, or in any manner harassing any other User;
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Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website (or any part thereof) and providing deeplinks into this Website or Platform (or any parts thereof) without prior written permission of NIRAYA;
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Spamming the Website and, or Platform of NIRAYA or any other Users including by uploading, posting, emailing, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail;
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Corrupting or infecting a device through computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of the Website, Platform or any other computer system or resource;
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Is grossly harmful, harassing, invasive of another's privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
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Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
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That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
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That threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.
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Modifications to the fees for our Services
The fees for our Services are subject to change without prior notice, except for any Services already paid for and not yet provided, and do not include expenses if any are incurred by NIRAYA, which you will be informed about prior to their incurrence. We reserve the right at any time to modify or discontinue service(s) (or any part or content thereof) without prior notice at any time.
We shall not be liable to you or to any third-party for any modification, fee change, suspension or discontinuance of our Services.
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Right to Refuse, Limit or Cancel
We reserve the right, but are not obligated, to provide Services to any person. We may in our sole discretion exercise this right on a case-by-case basis.
Since we provide highly personalised Services, we may, in our sole discretion, limit the booking of the Services or provide such timelines in the delivery of the opted for/elected Services which we deem are the minimum required to proper delivery and completion of the opted for/elected Services or any part thereof. These restrictions may include booking already placed by or under the same customer account, the same credit card, and using the same billing address. In the event that we make a change to or cancel a booking, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the booking was made.
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Payment
You agree, understand and confirm that the payment details provided by you i.e., credit card, debit card, net banking, UPI, etc, for availing the Services will be correct and accurate and you assure and undertake that you shall not provide to us or payment details which are not lawfully owned or legally operated by you. You further agree and undertake to provide the correct and valid payment details when making payment on our Website.
NIRAYA does not store any financial or payment information entered by you and 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 NIRAYA’s third-party payment provider stores any such information, NIRAYA 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 NIRAYA is not in any way whatsoever liable for any such losses and is not responsible to reimburse or make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Website.
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In case we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no booking will be processed for that transaction. We shall not be liable in any event, for any banking payment fraud that occurs to you while using our Website, and or Platform. The liability and risks for use of such online payments will solely be on you and only to your account. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.
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Our payment system i.e., payment aggregators, payment gateways, facilitators and banks, may constantly monitor your account in order to avoid false and fraudulent transactions and you agree to keep note this and update and be vigilant about your banking and account details.
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We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website and/ or Platform, any other unlawful acts or omissions in breach of any, some or all of the Terms. In the event of detection of any fraudulent or declined transaction, prior to initiating legal action, we reserve the right to immediately delete such user account(s) and cancel all past and pending bookings without any liability on our part.
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Communication
When you visit our Website or send email(s) to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or any or some or all of SMS, WhatsApp, Telegram, Signal or via social media accounts such as Facebook or Instagram and, or any other social communication platforms which may be devised in the future. You agree and accept that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements.
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On registering on our Website, you agree that we may use your mobile number registered on the Website to send transaction related messages to you, via any social media and, or text/SMS; and you also permit us to send you any transaction related messages irrespective of having DND services activated on your mobile.
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Limitation of Liability
Neither NIRAYA nor any of its partners shall be liable to you or any other person, under any applicable laws, 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 Website or Services including, without limitation, any damages, loss of profits, loss of goodwill, loss of data, work stoppage, or computer / electronic device failure, virus or malfunction or any other losses whatsoever. In no event will NIRAYA be liable for any damages in excess of ₹1000 or, in the case of enrolled students, the fees paid by you in connection with your enrolment into Service(s).
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Service Provider and Accreditation
NIRAYA is not a school, college or university, but an education service provider, offering Services through its Platform for child development through socialization and/ or enculturation.
In pursuance of completion of the Services, you may be awarded a certificate of successful completion of a program (“Program Certificate”) only upon fulfilling the criteria and requirements of NIRAYA and/ or its educational partners. You acknowledge that any such Program Certificate awarded may not be affiliated to any governmental authority and is only meant to convey the completion of a specific course.
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Intellectual Property
Nayika Sayal is the founder and lead educator at NIRAYA, who has trademark applications under the Trademark Act and its subsequent rules. Any violation of the Trademark rights shall result in legal action.
All rights, including copyright, in this Website are owned by us exclusively. Any use of this Website or any of its contents, including copying, publishing or storing it in whole or in part, other than for your own personal, non-profit or non-commercial use is prohibited without our specific permission. You are prohibited from copying, distributing, modifying, displaying, printing, publishing, selling or licensing any creating derivative works or using any content available on or through our Website for any commercial or public purpose. You shall not be permitted to modify, distribute or re-post something on this Website for any purpose except with the prior permission of NIRAYA.
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NIRAYA shall not specifically mark or indicate the intellectual properties owned by it or anything else that may aid you in determining whether the Services, information or material in question is copyrighted or trademarked or protected by design rights. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, design rights or proprietary rights or any other harm resulting from such a submission. You may not copy, reproduce, resell or redistribute any study or other material provided and/or distributed by NIRAYA. NIRAYA also has rights to all trademarks, trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Many logos and names mentioned and shown in this Website are the intellectual properties (trademarks and copyrights) owned by their respective entities and NIRAYA does not claim license or ownership over those logos and names.
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Disclaimer of Warranties
The use of this Website and/or Services is at your sole risk. The Website and Services are offered on an "as is" and "as available" basis. NIRAYA expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties for a particular purpose and non-infringement with respect to the Services or Website content, or any reliance upon or use of the Website content or the Services or the study or other material provided by NIRAYA.
Without limiting the generality of the foregoing, NIRAYA makes no warranty:
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that the information provided on this Website is accurate, reliable, complete, or timely;
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that the links to third-party websites are to information that is accurate, reliable, complete, or timely;
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that any advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;
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as to the results that may be obtained from the use of the Services or materials provided;
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Privacy
Please refer to the NIRAYA Privacy Policy, incorporated by reference herein, that is posted on the Website at [ILP Note: Please provide link to the privacy policy].
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Term bound
By using this Website or availing our Services thereto, you acknowledge that you have read and agree to be bound by the Terms and all other policies provided on this Website.
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User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example quiz entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us or post on our any or all of our social media platforms. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or which violates any party’s intellectual property or these Terms, except if specifically required under applicable law.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Website or Services offered herein. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
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Website Security and Data Protection
You are prohibited from violating or attempting to violate the security of the Website or the software and hardware used for providing Services including, without limitation, (a) accessing data not intended for you or logging into a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with the service to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Website, overloading, flooding, spamming, mail bombing, phishing, pharming, web scraping, crawling, web harvesting, data extraction, pretexting or crashing; (d) sending unsolicited or fraudulent emails, including promotions and/or advertising of products or services; or (e) any other fraudulent activity which compromises data security or makes the system vulnerable to attacks. Violations of system or network security may result in civil or criminal liability. NIRAYA with the help of relevant legal authorities may investigate occurrences that may involve such violations and may consider prosecuting users or other persons 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 Website or any activity being conducted on this Website. You further agree not to use or attempt to use any software, device or mechanism to navigate or search this Website. Our Website can be used on most of the internet browsers; however, we recommend using Google Chrome, Safari, Mozilla Firefox or Microsoft Edge for optimum user experience.
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The Website obtains the information you provide when you book or register on the Website for the Services. When you register with us, you generally provide your personal information. The said information collected from the users could be categorized as “Sensitive Personal Data or Information” as defined under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (the “Data Protection Rules”) (also referred to as “Sensitive Information”) under these Terms. We may use the Sensitive Information to contact you from time to time, to provide you with the Services, important information, required notices and marketing promotions. We will ask you when we need more information that personally identifies you (personal information) or allows us to contact you. We will, at all times, provide the option to you to not provide the Personal Information or Sensitive Personal Information, which we seek from you. Further, you shall, at any time while using the Website, also have an option to withdraw your consent given earlier to us to use such Sensitive Information. Such withdrawal of the consent is required to be sent in writing to us at the contact details provided in this Policy below. In such event, however, NIRAYA fully reserves the right not to allow further usage of the Website or the Services thereunder to you.
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Indemnification
You agree to indemnify, defend and hold harmless NIRAYA, its founder, promoters, affiliates, partners, officers, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees and consultants from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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Termination
NIRAYA reserves the right to terminate your access to the Website if in its sole discretion it believes that you have breached any of the Terms. Following the termination, you will not be permitted to use the Website and NIRAYA may, in its sole discretion and without advance notice to you, cancel any outstanding booking for its Services. If your access to the Website is terminated, NIRAYA reserves the right to exercise whatever means it deems necessary to prevent your unauthorized access of the Website.
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Entire Terms
Failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver by NIRAYA of such right or provision.
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These Terms, all other policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us and govern your use of the Website and Services therein, superseding any prior or contemporaneous terms, agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
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Governing law and Jurisdiction
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of these Terms.
In the event of any dispute or difference either in interpretation or otherwise, of these Terms, the same shall be referred to an independent arbitrator who will be appointed by NIRAYA and such arbitrator’s decision shall be final and binding on you. The above arbitration shall be in accordance with the (Indian) Arbitration and Conciliation Act, 1996 and allied rules as amended from time to time. The arbitration shall be conducted in English language and shall be held in Delhi.
Contact information
Questions about the Terms should be sent to us at
By email: Nayika@nirayaeducation.com
By phone number: +91 9910911398