TERMS AND CONDITIONS

ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms") constitute a legally binding agreement between Mrs. Bharavi Siddhesh Vishwasrao, carrying on business under the name and style of BLOOM & BOOST™ ("Bloom & Boost", "We", "Us" or "Our") and any parent, guardian, participant, visitor, applicant, enrollee, customer or user accessing the Website or availing any services offered by Bloom & Boost ("You", "Your", "Parent", "Guardian", "Participant" or "User").

These Terms govern access to and use of the Website, orientations, consultations, assessments, workshops, events, educational programs, brain skills training sessions, digital content, educational materials; and all related services offered by Bloom & Boost.

By accessing the Website, submitting an enquiry, registering for a program, attending an orientation, enrolling a participant, making payment, providing information or continuing to use the Services, You acknowledge that You have read, understood and agreed to be bound by these Terms.

If You do not agree with these Terms, You must discontinue use of the Website and Services immediately.

DEFINITIONS

For the purposes of these Terms:

"Participant"
Means any child or individual enrolled, proposed to be enrolled, attending, participating in or benefiting from any Service offered by Bloom & Boost.

"Parent"
Means a parent, guardian, custodian or any person authorised to act on behalf of a Participant.

"Services"
Means all educational, developmental, enrichment, assessment, consultation, orientation, workshop, event, program, training, digital content, physical classes, online classes, hybrid classes and related offerings provided by Bloom & Boost.

"Materials"
Means all curriculum, worksheets, activities, lesson plans, assessments, manuals, presentations, games, educational resources, methodologies, content and proprietary materials provided by Bloom & Boost.

ELIGIBILITY

By accessing the Website or enrolling a Participant, You represent and warrant that:

• You have the legal capacity to enter into a binding agreement;
• You are authorised to act on behalf of the Participant;
• all information provided by You is true, accurate and complete;
• You shall promptly notify Bloom & Boost of any material changes to such information;
• You are not prohibited under any applicable law from using the Services; and
• all necessary parental, guardian or legal consents have been obtained.

Bloom & Boost reserves the right to verify information and request supporting documentation where reasonably necessary.

Failure to provide accurate information may result in refusal, suspension or termination of Services.

NATURE OF SERVICES

Bloom & Boost is a science-backed, play-based brain skills development program designed to support children's cognitive, behavioural, executive functioning, attention, memory, reasoning, emotional and related developmental skills.

The Services are educational and developmental in nature.

Bloom & Boost does not provide:

• medical treatment;
• healthcare services;
• psychiatric services;
• psychological treatment;
• occupational therapy;
• speech therapy;
• clinical intervention; or
• diagnostic services.

No communication, assessment, workshop, consultation, recommendation, observation, educational material or marketing content provided by Bloom & Boost shall be construed as medical, psychological, therapeutic or healthcare advice.

Parents remain solely responsible for obtaining professional medical, psychological, developmental, educational or therapeutic advice whenever required.

Participation in the Services does not establish any doctor-patient, therapist-patient or healthcare-provider relationship.

PARTICIPANT OUTCOMES AND DISCLAIMER

Bloom & Boost endeavours to provide high-quality educational and developmental programs using its proprietary curriculum, methodologies and training systems.

The Parent acknowledges that participant outcomes depend upon numerous factors beyond the reasonable control of Bloom & Boost, including attendance, consistency of participation, parental involvement, developmental profile, educational environment, learning style and individual circumstances.

Accordingly, Bloom & Boost does not guarantee any specific educational, developmental, behavioural, emotional, academic or cognitive outcome.

Any examples, testimonials, case studies, demonstrations, success stories or illustrations are provided solely for informational purposes and shall not be interpreted as guarantees of future results.

The Services are provided on an "as available" basis and Bloom & Boost makes no representation or warranty regarding any particular result or outcome.

ENROLMENT, ADMISSION, SCHEDULING AND BATCH ALLOCATION

Admission into any orientation, consultation, workshop, assessment, event, batch or program shall remain at the discretion of Bloom & Boost.

Bloom & Boost may

• accept or reject applications,
• conduct screening assessments;
• impose eligibility requirements;
• determine participant placement;
• allocate batches;
• assign trainers;
• modify schedules;
• limit available seats; or
• discontinue programs.

Submission of an enquiry, application, registration form, assessment request or orientation booking shall not create any right to admission.

Bloom & Boost reserves the right, acting reasonably and in good faith, to refuse, suspend, restrict or terminate participation where necessary for educational, behavioural, safety, operational, legal or welfare reasons.

Batch allocation, trainer allocation, session timing and scheduling decisions shall be determined by Bloom & Boost.

Missed sessions may be forfeited unless otherwise approved by Bloom & Boost in writing.

Any accommodation, make-up session, transfers or schedule adjustment granted by Bloom & Boost shall be discretionary and shall not create a continuing entitlement or precedent.

FEES AND PAYMENT

All fees shall be payable in accordance with the fee structure communicated at the time of enrolment unless otherwise agreed in writing.

All fees are denominated in Indian Rupees (INR).

Applicable taxes, duties, levies, GST and governmental charges, where applicable, shall be borne by the Parent.

Bloom & Boost reserves the right to revise:

• fees;
• pricing structures;
• program formats;
• schedules; and
• service offerings.

Any revision shall ordinarily apply prospectively and shall not affect confirmed enrolments unless otherwise communicated.

Payments may be accepted through bank transfer, UPI, cash, cheque or other approved payment methods.

Where online payment facilities are introduced in the future, payments may be processed through third-party payment service providers. Bloom & Boost shall not be responsible for technical failures, banking delays, payment gateway interruptions or unauthorised acts attributable to such third-party providers.

REFUND POLICY

The Parent acknowledges that upon enrolment:

• seats are reserved;
• trainers are allocated;
• administrative resources are committed;
• schedules are planned;
• infrastructure is reserved; and
• operational expenses are incurred.

Accordingly, except where required by applicable law or expressly approved by Bloom & Boost in writing:

• all fees are non-refundable;
• all fees are non-transferable;
• all fees are non-adjustable; and
• all fees are non-creditable.

No refund, adjustment, extension, transfer, credit or compensation shall be available due to absenteeism, illness, travel, relocation, scheduling conflicts, dissatisfaction with subjective expectations, voluntary withdrawal, disciplinary action, suspension, termination of participation.

Nothing in this clause shall affect any refund rights that cannot be excluded under applicable law.

MEDICAL, DEVELOPMENTAL AND SPECIAL NEEDS DISCLOSURE

The Parent represents and warrants that all information relating to the Participant has been disclosed fully, accurately and truthfully to Bloom & Boost.

Such information includes, where applicable medical conditions, developmental conditions, neurological conditions, behavioural concerns, emotional concerns, learning difficulties, allergies, physical limitations, medication requirements, sensory sensitivities and diagnosed or suspected conditions that may affect participation.

The Parent shall promptly notify Bloom & Boost of any material change in the Participant's condition.

Bloom & Boost shall be entitled to rely upon information provided by the Parent and shall not be responsible for any injury, incident, disruption, loss or claim arising from inaccurate, incomplete, delayed or omitted disclosures.

Bloom & Boost may request additional information, professional recommendations, medical certifications or supporting documentation where reasonably necessary.

Bloom & Boost reserves the right to refuse, suspend, restrict or terminate participation where it reasonably considers such action necessary for safety, welfare, educational or operational reasons.

ASSUMPTION OF RISK AND EMERGENCY ASSISTANCE

The Parent acknowledges that participation in educational, developmental, recreational, interactive and group-based activities may involve inherent risks which cannot be entirely eliminated.

Such risks may include accidental slips or falls, participant interactions, minor injuries, emotional responses, behavioural incidents and other unforeseen events.

The Parent voluntarily assumes all ordinary risks associated with participation in the Services.

To the fullest extent permitted by applicable law, Bloom & Boost shall not be liable for injuries, losses, damages, costs or claims arising from such inherent risks except where directly caused by the gross negligence or wilful misconduct of Bloom & Boost.

The Parent remains responsible for determining whether participation is suitable for the Participant.

In circumstances where Bloom & Boost reasonably believes urgent medical attention may be required, Bloom & Boost may take such actions as it considers reasonably necessary, including:

• contacting emergency services;
• contacting medical professionals;
• arranging transportation;
• contacting emergency contacts; and
• facilitating emergency medical assistance.

Where immediate contact with the Parent is not reasonably possible, the Parent authorises Bloom & Boost to take such actions in the interests of the Participant.

All medical, hospital, transportation and related expenses shall remain the sole responsibility of the Parent.

ATTENDANCE AND PARTICIPATION

Regular attendance is encouraged to maximise the educational value of the Services.

Bloom & Boost shall not be responsible for any reduced benefit, disruption or consequence arising from irregular attendance, late arrivals, early departures or missed sessions.

Participants are expected to comply with all reasonable instructions, safety requirements, behavioural expectations and program guidelines communicated by Bloom & Boost.

Bloom & Boost may issue warnings, impose restrictions, suspend participation or terminate enrolment where a Participant's conduct adversely affects the safety, wellbeing, learning environment or experience of others.

PARENT CONDUCT POLICY

Bloom & Boost is committed to maintaining a safe, respectful and productive environment for all participants, parents, trainers, staff and visitors.

The Parent agrees to behave respectfully and professionally in all interactions with Bloom & Boost, its representatives, staff, trainers and other participants.

The Parent shall not engage in conduct that:

• disrupts programs or activities;
• interferes with the learning environment;
• intimidates, harasses or threatens any person;
• damages property;
• compromises safety;
• undermines program delivery; or
• adversely affects the experience of other participants.

Without limitation, prohibited conduct includes abusive language, harassment, discrimination, bullying, intimidation, aggressive behavior, threatening communications and repeated unreasonable or disruptive conduct.

Bloom & Boost maintains a zero-tolerance approach towards such behaviour and may immediately suspend, restrict or terminate participation without refund where such conduct occurs.

PHOTOGRAPHY, MEDIA CONSENT AND RECORDING RESTRICTIONS

Bloom & Boost may, from time to time, capture photographs, videos, testimonials, feedback, participant achievements, activities and event recordings for educational, training, promotional, marketing, website, social media, advertising and business purposes.

By enrolling a Participant, the Parent grants Bloom & Boost a non-exclusive, royalty-free and worldwide right to use such content in connection with its Services and business activities, subject to applicable law.

Parents who do not wish their child to appear in photographs or videos may notify Bloom & Boost in writing, and Bloom & Boost shall make reasonable efforts to accommodate such requests.

To protect participants, privacy rights, safety and proprietary materials, photography, videography, audio recording, screen recording, live-streaming or similar recording activities by parents, participants or visitors may be restricted or prohibited.

Unless expressly authorised in writing by Bloom & Boost, Parents and Participants shall not record sessions, photograph classes, record trainers, record other participants, livestream activities, distribute recordings or capture proprietary educational materials.

Unauthorised recordings may constitute a material breach of these Terms and Bloom & Boost may require immediate deletion of such recordings and pursue available legal remedies.

Bloom & Boost may also utilise CCTV and reasonable security monitoring measures at its premises for safety, security, training, quality-control and operational purposes.

INTELLECTUAL PROPERTY AND CONFIDENTIALITY

All rights, title and interest in the Services, Materials, curriculum, methodologies, educational frameworks, activities, assessments, content, branding, logos, trademarks, systems, know-how and proprietary information of Bloom & Boost shall remain the exclusive property of Bloom & Boost.

Nothing in these Terms transfers any ownership rights to the Parent or Participant.

The Parent and Participant shall not, without prior written consent of Bloom & Boost, copy or reproduce Materials, distribute Materials, publish Materials, modify Materials, commercialise Materials, share Materials with third parties, upload Materials online, replicate program structures, replicate teaching systems, replicate educational frameworks, train artificial intelligence systems using proprietary materials, reverse engineer methodologies, create derivative works, establish competing programs based upon the Materials or use the Materials for any commercial purpose.

The Parent and Participant acknowledge that during participation they may receive access to confidential and proprietary information relating to Bloom & Boost, including curriculum structures, teaching methodologies, educational frameworks, business processes, teaching and training system, operational systems and proprietary know-how.

Such information shall be kept confidential and shall not be disclosed, copied, reproduced or used for any purpose other than participation in the Services.

The obligations contained in this clause shall survive termination of participation and remain enforceable thereafter.

PRIVACY AND DATA PROTECTION

Bloom & Boost respects the privacy of Participants, Parents and Users.

The collection, use, storage, processing, disclosure, retention and protection of personal information shall be governed by the Bloom & Boost Privacy Policy, as amended from time to time.

By accessing the Website or using the Services, the Parent and User acknowledge that personal information may be collected, processed and used in accordance with the Privacy Policy.

The Parent represents and warrants that all information provided regarding a Participant is accurate and that all necessary permissions and consents have been obtained.

Bloom & Boost may engage service providers, software platforms, communication providers, cloud-storage providers, technology vendors and other third parties for legitimate business purposes.

Bloom & Boost shall implement commercially reasonable safeguards to protect personal information but cannot guarantee absolute security.

To the fullest extent permitted by law, Bloom & Boost shall not be liable for cyberattacks, hacking incidents, unauthorised access, telecommunications failures, internet disruptions or other circumstances beyond its reasonable control.

COMMUNICATIONS AND ELECTRONIC CONSENT

The Parent and User expressly consent to receiving communications from Bloom & Boost through lawful communication channels, including telephone calls, SMS, WhatsApp, email, website notifications, messaging applications and other electronic communications.

Such communications may include enrolment information, class schedules, attendance notifications, payment reminders, event announcements, educational content, newsletters, program updates, customer support communications and marketing communications, subject to applicable law.

The Parent expressly authorises Bloom & Boost to communicate using the contact details provided during registration or enrolment. The Parent shall be responsible for ensuring that contact information remains accurate and updated.

Bloom & Boost shall not be responsible for any loss, inconvenience or consequence arising from inaccurate contact information, blocked communications, inactive email accounts, spam filters or failure by the Parent to review communications.

Operational, administrative, legal, safety-related and service-related communications may continue to be sent even where promotional communications are declined or unsubscribed from.

ACCEPTABLE USE OF WEBSITE AND SERVICES

The Website and Services shall be used only for lawful and legitimate purposes.

The Parent, Participant and User shall not:

• misuse the Website or Services;
• provide false or misleading information;
• interfere with the operation of the Website;
• attempt unauthorised access to systems or data;
• infringe the intellectual property rights of Bloom & Boost or others;
• use the Services for commercial purposes without authorisation;
• solicit participants, parents or staff for competing activities; or
• engage in any unlawful, fraudulent or harmful activity.

Bloom & Boost reserves the right to investigate violations and take appropriate legal, administrative or technical action where necessary.

REVIEWS, FEEDBACK AND PUBLIC STATEMENTS

Bloom & Boost welcomes honest, genuine and lawful feedback regarding its Services.

Parents remain free to share their personal experiences and opinions, provided such statements are truthful and made in good faith.

The Parent agrees not to knowingly publish, communicate or distribute statements that are false, misleading, defamatory, malicious, fraudulent or unlawfully damaging to the reputation of Bloom & Boost or any individual associated with it.

Nothing in these Terms shall restrict lawful consumer rights, genuine reviews or disclosures protected under applicable law.

Bloom & Boost reserves all legal rights and remedies in respect of defamatory, malicious or unlawful communications.

PROGRAM AND OPERATIONAL CHANGES

Bloom & Boost continuously reviews and improves its programs and operations.

Accordingly, Bloom & Boost reserves the right to:

• modify curriculum;
• revise activities;
• change trainers or facilitators;
• adjust schedules;
• alter session timings;
• merge or split batches;
• modify program structures;
• relocate centres within a reasonable distance;
• introduce new delivery methods; or
• make other operational changes reasonably necessary for educational, safety, business or administrative purposes.

Reasonable efforts shall be made to minimise disruption to Participants. Such modifications may be made for educational, operational, safety, logistical, legal, technological or business reasons.

Such modifications shall not ordinarily entitle a Parent or Participant to any refund, compensation, damages, fee reduction or other claim.

No preference expressed by a Parent regarding trainers, schedules, batches or locations shall create any contractual entitlement.

THIRD-PARTY SERVICES AND WEBSITE AVAILABILITY

The Website or Services may contain links to, references to or integrations with third-party websites, applications, software platforms, payment providers or communication tools.

Bloom & Boost does not own, operate or control such third-party services unless expressly stated.

Bloom & Boost makes no representation or warranty regarding the availability, security, reliability, functionality, accuracy or privacy practices of third-party services.

Use of third-party services shall be at the User's own discretion and risk.

Bloom & Boost shall not be responsible for any losses, damages, liabilities or claims arising from the use of third-party services.

Bloom & Boost does not guarantee uninterrupted, continuous or error-free access to the Website or Services. Access may be interrupted, suspended, delayed or restricted due to maintenance, upgrades, technical issues, internet disruptions, third-party failures, emergencies or operational reasons.

Bloom & Boost shall not be liable for losses arising from such interruptions except where required by applicable law.

LIMITATION OF LIABILITY AND INDEMNITY

To the fullest extent permitted by applicable law, Bloom & Boost, its proprietor, employees, trainers, consultants, facilitators, contractors, representatives and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages arising out of or relating to:

• participation in the Services;
• use of the Website;
• educational or developmental outcomes;
• interruption of Services;
• third-party acts or omissions;
• loss of data;
• loss of opportunity;
• emotional distress; or
• events beyond the reasonable control of Bloom & Boost.

Without limiting the foregoing, the aggregate liability of Bloom & Boost arising from any claim relating to the Services shall not exceed the fees actually paid by the Parent for the specific program or Service giving rise to such claim.

Nothing in these Terms shall exclude or limit liability that cannot lawfully be excluded or limited under applicable law.

The Parent, User and Participant agree jointly and severally to defend, indemnify and hold harmless Bloom & Boost, its proprietor, employees, consultants, trainers, facilitators, affiliates, contractors, licensors and representatives from and against all claims, demands, actions, proceedings, damages, liabilities, losses, costs, expenses, penalties, fines, settlements and legal fees arising from or relating to:

• breach of these Terms;
• violation of law;
• misuse of the Website;
• misuse/unauthorized use of Services/Contents;
• inaccurate information supplied by the Parent;
• failure to disclose relevant information;
• infringement of intellectual property rights;
• unauthorised recordings;
• misconduct by the Parent or Participant;
• negligence or wrongful acts of the Parent or Participant.

These indemnification obligations shall survive termination.

FORCE MAJEURE

Bloom & Boost shall not be liable for any delay, disruption, interruption, suspension, failure or inability to perform its obligations where such delay or failure results from circumstances beyond its reasonable control.

Such circumstances include, without limitation- natural disasters, floods, earthquakes, fires, epidemics, pandemics, public health emergencies, government restrictions, acts of governmental authorities, war, terrorism, civil unrest, labour disputes, utility failures, telecommunications failures, internet outages, transportation disruptions, cyber-attacks, acts of God. Bloom & Boost may suspend, postpone, modify, relocate, convert or discontinue Services during such events without liability.

DISPUTE RESOLUTION AND GOVERNING LAW

The Parties shall first attempt to resolve any dispute arising out of or relating to these Terms, the Website or the Services through good-faith discussions and negotiations.

If the dispute is not resolved within thirty (30) days, the Parties may attempt mediation by mutual agreement.

If the dispute remains unresolved, it shall be finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.

The arbitration shall:

• be conducted by a sole arbitrator mutually appointed by the Parties;
• be conducted in the English language;
• have its seat and venue in Mumbai, Maharashtra; and
• remain confidential.

Where the Parties fail to mutually appoint an arbitrator, the appointment shall be made in accordance with the Arbitration and Conciliation Act, 1996.

The arbitral award shall be final and binding upon the Parties.

Nothing in this clause shall prevent Bloom & Boost from seeking interim, injunctive or protective relief before a court of competent jurisdiction.

These Terms shall be governed by and construed in accordance with the laws of India.

Subject to the arbitration provisions contained herein, the courts located in Mumbai, Maharashtra shall have exclusive jurisdiction regarding all matters arising out of or relating to these Terms, the Website or the Services.

Nothing in these Terms shall restrict any statutory rights available to consumers under applicable law.

MODIFICATIONS TO TERMS

Bloom & Boost reserves the right to modify, amend, update, replace, supplement or revise these Terms at any time.

Updated Terms shall become effective upon publication on the Website unless otherwise specified.

Continued use of the Website or Services following publication shall constitute acceptance of the revised Terms.

SUSPENSION AND TERMINATION

Bloom & Boost may suspend, restrict or terminate access to the Website or Services where reasonably necessary due to breach of these Terms, misconduct, safety concerns, legal requirements, fraudulent activity, non-payment, misuse of intellectual property or operational reasons.

Termination shall not affect any accrued rights, payment obligations, confidentiality obligations, intellectual property rights, indemnity obligations or dispute resolution rights.

SEVERABILITY

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.

The invalid provision shall, to the extent possible, be interpreted in a manner that most closely reflects the original commercial intent.

NO WAIVER

Failure or delay by Bloom & Boost in exercising any right or remedy shall not constitute a waiver of that right or remedy.

Any waiver must be in writing.

A waiver on one occasion shall not constitute a continuing waiver.

ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any enrolment documentation expressly incorporated by reference, constitute the entire agreement between the Parties regarding the Services.

The Parent acknowledges that no oral statements, brochures, advertisements, presentations, demonstrations, social media content, marketing materials, orientation discussions or informal communications shall modify these Terms unless expressly confirmed in writing by Bloom & Boost.

ASSIGNMENT

The Parent or Participant may not assign or transfer any rights or obligations under these Terms without the prior written consent of Bloom & Boost.

Bloom & Boost may assign or transfer its rights and obligations without restriction.

SURVIVAL

Provisions relating to intellectual property, confidentiality, recording restrictions, limitation of liability, indemnity, dispute resolution, governing law and payment obligations shall survive termination of participation.

HOLIDAY POLICY AND CONTACT INFORMATION

Bloom & Boost may observe public holidays, festival holidays, centre closures, staff training days and scheduled academic breaks as communicated from time to time.

Program fees are calculated taking such scheduled closures into account.

Accordingly, no refund, fee reduction, credit, compensation or damages shall arise on account of scheduled holidays or centre closures.

Bloom & Boost reserves the right to determine and revise its holiday calendar and operational schedule from time to time.

Its decision regarding holiday scheduling and academic calendars shall be final.

CONTACT INFORMATION

For any questions regarding these Terms, You may contact:

Bloom & Boost

Mrs. Bharavi Siddhesh Vishwasrao,

Sole Proprietor Carrying on business under the trade name:

Bloom & Boost™: Brain Skills Program

Business Address: Bloom & Boost, Head Office - Sadguru Universal, Shop No. 23, Motha Khanda, Panvel – 410206

Email: info@bloomandboost.in

Phone: +91 7900169055

Website: www.bloomandboost.in