About The Company
THESE TERMS, ALONG WITH THIS INTRODUCTORY SECTION, CREATE LEGAL CONTRACT BETWEEN YOU AND THE COMPANY THAT HELPS IN BINDING THE TWO. BY ACCESSING AND USING THE COMPANY PRODUCTS, YOU WARRANT THAT YOU HAVE UNDERSTOOD AND AGREE TO AGREE BY THESE TERMS. IF YOU ARE NOT READY TO ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED OR MUST NOT USE ANY PORTION OF THE COMPANY PRODUCTS.
For this agreement, “you” means a person who pays to access the Company Products and also the user (as defined below), who uses the Company Products. If you are a parent, relative, or any other person who enables a child in accessing the Company Products, it means you agree to take liability of such child for the purpose of making us complete in case of any damage or indemnification that could lie against a child, if not as per his or her age. Our Site is intended to be used by any user of 15 years age or older.
If you are using or creating an account to use any of the Company Products representing the company, entity or an organization (each of which is called a “Subscribing Entity”), then you warrant that you: (i) are an authorized representative of that Subscribing Entity and has the authority to bind such entity with these Terms, and (ii) yourself agree to accept these Terms on behalf of such Subscribing Entity.
The Company Products enable users (individuals, students, guardians, schools, colleges and Subscribing Entities) to learn through live online and recorded sessions, tutoring, and learning services on our proprietary Software. The Services include facilitating and hosting Courses to users and taking feedback from them.
You understand these Terms and agree that they are entered into consideration for your use of the Company Products and other goods and valuable considerations, the receipt of which are acknowledged hereby.
Changes to these Terms – Company holds the right to revise these Terms in its sole discretion at any point of time without prior notice to you other than by posting the new Terms on the Site. Any revisions to these Terms are effective from the time of posting. Most recent posted terms will be identified .You should visit this page on regularl basis to ensure your continued acceptance for these Terms. Your continued usage of the Company Products after revision to these Terms constitutes your binding acceptance of the changed Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the Company that arose prior to the date of such revision.
Evolving Nature of Services. The Company Products are subject to change at any time. We are continuously looking to improve the Company Products but if you are not satisfied with the Company Products at any time, then sole remedy is to discontinue use of the Company Products.
Electronic Notices. By using the Company Products or communicating with us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Company Products. If we learn of a security system’s breach, we may attempt to notify you electronically by sending an email to you.
Connectivity Costs and Equipment
You are only responsible for all expenses, telephony or other fees and costs associated with your access to and use of the Company Products, including, but not limited to, any data charges that are imposed by a wireless carrier or your Internet service provider, and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
Fees and Taxes
You can freely browse the site and the courses. Company may change its fee policies at any time in its sole discretion, including charges for accessing the Site, but until you agree to such fee changes, no fee change will be binding upon you. Unless otherwise stated, all fees are quoted in Indian Rupee. You are responsible and expected to pay all fees and applicable taxes related with the Site on a timely manner with a valid payment method that is accepted by the Company in its sole discretion. If your payment method gets failed or your account is past due, then we may collect fees owed using any other mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We also have right to block your access to any of the Company Products pending resolution of any amounts due by you to Company.
We do not control comments or discussions posted on the Site and do not guarantee in any manner the reliability, accuracy or truthfulness of such Content. You also understand that by using the Site you may be exposed to Submitted Content that is offensive, indecent, or objectionable. You hereby agree to hold Company harmless from and against any and all claims that you may have arising by your access or use of any Submitted Content.
Those who decide to access or use the Company Products from other locations, including outside India, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access or use of the Company Products from jurisdictions where the contents or practices of the Company Products are illegal, unauthorized or penalized is strictly prohibited.
You may only use the Company Products for lawful purpose. You are solely responsible for adherence to any and all laws, rules, and regulations pertaining to your use of the Company Products. You agree not to use the Company Products or the Company Content (as defined below) for recruiting, soliciting, or contacting in any form Instructors or potential users for employment or contracting for a business not affiliated with us without our advance permission in written, which may be withheld in our sole discretion. You should be careful while meeting any Instructor or other Users and should only do so in public. Remember to always be safe.
Specific Obligations of Users using the Site
As a user you agree that:
You have properly read, understood and agree to be bound by the pricing information (see the Pricing section below) before you register for a course or start using the Site;
If you are below 18, you have obtained parental or legal guardian consent before you register for a course or start using the Site.
You also agree that you will not do any of the following on or through the Company Products:
upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
post any racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous content that is inappropriate and offensive;
interfere or manipulate the Company Products;
reproduce, distribute, publicly display or perform or communicate, create derivative works from or otherwise use and exploit any Submitted Content or other content obtained from any Company Products without our express written permission or the permission of the Company.
Registration and Identity Protection
To use some of the Company Products, you will be required to register to obtain an account, username and password. The information shared by you during the process of registration will help us in offering content, customer service, and network management. You will be completely responsible for maintaining the confidentiality of your account( username and password) and for all activities and liabilities occurring under your Account. You must notify us (a) immediately of any unauthorized use of your Account and any security breach, and (b) make sure that you exit from your Account at the end of each Course. We will not be responsible for any loss or damage arising due to your failure to comply with the foregoing requirements or improper use of your Account, with or without your knowledge, prior to your notifying us of unauthorized access to your Account. However, you agree that you will be liable for any losses incurred by us or any party due to use of your Account, excluding only uses following your notification to us of unauthorized access to your Account.
You cannot transfer your Account to any other person and cannot use anyone else’s Account at any time. If another individual is authorized or registered by you, including a minor, to use your Account, you are fully responsible for
(i) the online conduct of such User
(ii) controlling the User’s access and use of the Services;
(iii) the consequences of any misuse.
Accuracy of Account Information
For using Company Products, you agree to (a) provide accurate, current and complete information about yourself as prompted by Company’s registration form (such information being “Your Data”), (b) maintain and update your data to keep it accurate, complete and up to date; and (c) agree with these Terms. If you provide any information that is inaccurate, not current, misleading or incomplete, or if we feel that such information is inaccurate, not current, incomplete or misleading, then we hold the right to terminate your account and refuse or restrict any and all current or future use of the Company Services, without any liability to you.
User and Submitted Content
Any materials or information that you upload, communicate or otherwise post to us on or through Company Services or Products (the “Submitted Content”) will be treated as non-confidential and subject to the license below, and may be reproduced, publicly performed, communicated or distributed, and otherwise used and exploited by us for any purpose related to the Company products delivery, marketing, promoting, demonstrating or operating, including, but not limited to, for quality control, professional development, redistribution or display to Users.
You acknowledge that the Software, the technology underlying the Company Services, and all other information, designs, materials, communications, text, graphics, links, electronic arts, animations, illustrations, artworks, audio clips, videos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Company Products (collectively, the “Company Content”) are the proprietary property of Company and its affiliated and/or third party providers and suppliers (the “Third Parties”).
Other Prohibited Uses
In using the Company Products, you further agree not to:
Transmit to or upload through the Services any content that infringes other party’s patent, trademark, trade secret, copyright or other proprietary rights, by incorporating any such material in Submitted Content;
Transmit to or upload through the Services any objectionable material that is unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or any material that can cause harm or delay to the Company Products or computers by any kind.
Create a false identity or impersonate another person or entity in any way;
Restrict, discourage or inhibit use of Company Products by any user, disclose personal information about a third person on or through Company Products without the permission of such person or collect information about Users of the Company Products;
Undertake, cause, permit or authorize the creation of derivative works, modification, translation, reverse engineering, disassembling, decompiling, or hacking of any aspect of the Company Products or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the Company Products, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by Company;
Gain unauthorized access to the Services, computers or websites connected or linked to the Services, to any other Users’ accounts or personally identifiable information;
Reproduce, publicly display, communicate or perform, distribute, sell, trade, resell or exploit any portion of the Company Products, use of the Company Products, access to the Company Products or content obtained through the Company Products, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without Company’s express written consent:
framing, embedding and/or passing off Submitted Content obtained from the Company Products in a way so as to present them as originating from a source other than the Company Products;
copying or storing or formating any Submitted Content for commercial purposes in any manner whatsoever, (copying on physical or electronic media like hard disk) with intension of buffering delivery or creating alternative delivery formats from the Company Products;
altering, mutilating, defacing, or otherwise bypassing any approved software that helps in making the Company Products available; and •using any trademarks, service marks, design marks, logos, photographs or other content belonging to Company or obtained from the Company Products.
Post, transmit or otherwise make available any virus, spyware, worm or any other computer code, file or program due to which operation of any hardware, software or telecommunications equipment is damaged or hijacked, or any other aspect of the Company Products or computers or any communications equipment that are associated to the Company Products;
Remove, damage, disable, circumvent or interfere with any security-related features of the Company Products, features due to which the use or copying any of the Company Products is restricted or prevented or any content accessible on or through Company Products or services, or features due to which use of the Company Products is limited or any content accessible on or through Company Products;
Use any spider, scraper, robot or other automated means of any kind to access the Company Products, except and solely to the extent permitted by these Terms and the features of the Company Products, which is deeply linked to feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site or Services;
Disrupt or interfere with the Company Products, networks or servers connected to the Company Products or violate the policies, regulations or procedures of such networks or servers;
Violate any applicable federal, state or local laws or regulations or these Terms; or
Assist or permit any persons in engaging in any of the activities described above.
Any unauthorized or prohibited use of the Company Products or Content may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Procedure for Reporting Claimed Infringement
If at any point you feel that any of the company content made available through the Company Products has been used or exploited in such a way that your intellectual property right or control is infringed, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Company address. Your communication must include substantially the following:
A physical or electronic signature of a person who acts as representative of the owner of the work(s) that has/have been allegedly infringed;
Works or materials being infringed, or, if single notification covers multiple works, then a list of such works representing all;
Identification of the specific material that is claimed to be infringing or that is related to infringing activity and that is to be removed or access to which is to be disabled, and information that is sufficient to permit Company to locate the material;
Information that is sufficient for Company to contact you, such as an address, contact details, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that the way complain is done for the use of the material is not authorized by the copyright owner, its agent, or the law; and
A statement about the correctness of the information in the notification, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
As you use the Company Products you may notice links to third-party websites (“Third Party Sites”). This may be due to Instructors sending links to Third Party Sites(such as study resources or online education pages) for your review. These links are for convenience only and If you use these links, you will leave the Site. Certain of these Third-Party Sites may make use of Company proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Company. This is not the responsibility of the Company for the availability or content of these Third Party Sites or for any viruses or other elements that are damaging and are encountered in linking to a Third Party Site, whether or not Company is affiliated with the owners of such Third Party Sites. In addition, the provisioning of these links to Third Party Sites is not an endorsement or approval by Company of the organizations sponsoring such Third Party Sites or their products or services, and you may be subjected to offensive, harmful, or damaging content on such Third Party Sites. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites, applications, software or services.
YOU AGREE THAT COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY CONTENT OR ADVERTISING ON THE THIRD PARTY SITES.
Disclaimer; Warranty Disclaimer
YOU UNDERSTAND THAT WHEN USING THE COMPANY PRODUCTS, PARTICIPATING IN A COURSE, OR ACCESSING COMPANY CONTENT OR SUBMITTED CONTENT, YOU MAY BE EXPOSED TO PRODUCTS, PHOTOGRAPHS, MUSIC, ARTWORK, MESSAGES, AND OTHER MATERIALS FROM A VARIETY OF SOURCES, AND THAT COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OF OR RELATING TO SUCH PRODUCTS, CONTENT OR MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO PRODUCTS, CONTENT OR MATERIALS THAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY WITH RESPECT THERETO.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, AN EMPLOYEE OR REPRESENTATIVE OF COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. COMPANY AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE COMPANY PRODUCTS, ANY ASSOCIATED SITES OR APPLICATIONS, AND ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE COMPANY PRODUCTS) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY OTHER CONTRACTORS OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OR RELATING TO THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE COMPANY PRODUCTS, COURSES, SUBMITTED CONTENT OR ANY PORTION THEREOF, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE COMPANY PRODUCTS, COMPANY CONTENT, SERVICES OR SUBMITTED CONTENT OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. IN NO EVENT SHALL COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF COMMISSIONS COMPANY HAS RECEIVED AS A RESULT OF YOUR USE OF COMPANY PRODUCTS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
You agree to defend us and hold us harmless, and our affiliates, officers, directors, agents, partners, employees, representatives, licensors and third party providers (including our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to any Submitted Content that you submit, or otherwise send to us or through the Site or Services, the way you use the Company Products, the Site Content or any portion thereof, your connection to the Site or Services, or your violation of any of these Terms. Company has full rights, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
Modification of Services
We may change, add or eliminate features, nomenclature, pricing and other aspects of the Company Products and at any moment, we can make other changes and these Terms will continue to apply to the Company Products as modified. We reserve the right to modify or discontinue, temporarily or permanently, the Company Products (or any part) with or without any prior notice at any time. You admit that we are not liable to you or to any third party for any such changes, suspension, or discontinuance of all or any portion of the Company Products.
a.Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND COMPANY AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE COMPANY PRODUCTS.
Termination of Services; Termination of Agreement
Company can terminate your use of the Company Products immediately without intimation if we find you breaching any of these Terms or any of our policies applicable to you, as posted on the Site from time to time. Furthermore, company can also terminate your rights to use the Company Products for any reason or no reason.
If these terms are terminated or expired, the below mentioned parts of these Terms shall survive: all provisions related to ownership of intellectual property, disclaimer; warranty disclaimer, limitation of liability, dispute resolution, any other provisions of these Terms which apply after termination, and the miscellaneous provisions below. You agree that upon the termination, all information related to you on the Services may be deleted and may bar your access to and use of the Company Products. Upon the termination you are required to immediately destroy any downloaded Company Content.
You can terminate your use of the Company Products at any time if you wish. You can simply choose to stop visiting or using any aspect of the Company Products. If you are willing to terminate your account on the Site or with the Services, you can do so by writing an e-mail to firstname.lastname@example.org or using any other account termination functionality that may be offered through the Company Products.
Entire Agreement. These Terms and policies posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previously oral or written agreements between the parties. Any rights not expressly granted in the Terms are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, successors, licensors, licensees and assigns.
Severability. If any provision of these Terms is found to be void or illegal or unenforceable, then that provision shall be deemed severable from these Terms and enforceability and validity of rest of the provisions of these Terms shall not be affected.
Waiver. A provision of these Terms and Conditions can be waived only via written instrument executed by the party entitled to the benefit of such provision. If the Company fails to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such provision or any such rights.
Notice. Any notice to be given hereunder will be in writing and given by facsimile, electronic mail, postpaid registered or certified mail return receipt requested.
No Agency. Nothing in these Terms shall be interpreted as making either party the partner, agent, legal representative, joint venture, employer, contractor or employee of the other one. None of the Company or any other party to this Agreement shall have, or hold itself out to any third party for having any authority to be representative or statements or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.