T&C - Teachers

1. Introduction

1.1 These terms & conditions of use for Content Providers (“Terms of Use for Content Providers”) govern the use of the website ‘www.teacherdada.com’ and its mobile application (“Platform”) owned and operated by Integrated Education Systems (“We/ Us/ Our”) and inter alia engaged in the business of providing personalised learning subscription packages (“Subscription Packages”) to suit the individual needs of the students through its Platform wherein by accessing the adaptive Platform, students can set their own learning goals, learn at their own pace, enhance their strengths and address their weaknesses (“Business”) by various persons / Institutes / coaching centres providing content (hereinafter referred to as “Content Provider/ User/ You/ Your”) for the Subscription Packages either as paid or free service.

1.2 You are advised to read and understand these Terms of Use for Content Providers carefully while visiting the Platform or utilising any of the services available on the Platform. Your access to the Platform shall be construed to mean that You have read and agreed to all the terms and conditions mentioned herein, and the same shall constitute a legally binding agreement between You and Us.

1.3 These Terms of Use for Content Provider is incorporated into and subject to the privacy policy (“Privacy Policy”) and any other policies available on Our Platform. This document is an electronic record published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 (“IT Act”) that require publication of any rules and regulations, Privacy Policy and the Terms of Use for Content Provider for access to or use of the Platform that is being generated by a computer system.

1.4 The afore mentioned policies do not require any physical or digital signatures to be valid and binding. The headings provided in each section in these Terms of Use for Content Provider are only for the purpose of organising the various provisions under these Terms of Use for Content Provider in an orderly manner. These headings shall not be used by either party to interpret the provisions contained therein, in any manner. Further, it is to be noted that the headings have no legal or contractual value.

1.5 We hold the sole right to modify the Terms of Use for Content Provider without prior permission from You or providing notice to You. The relationship created herein imposes on You, a duty to periodically check the Terms of Use for Content Provider/platform users and stay updated on its requirements. If You continue to use the Platform or avail of any of its services even without registration on the Platform, following such change, this shall be deemed to be consent by You to the amended Terms of Use for Content Provider . Your continued use of the Platform is subject to Your compliance with the Terms of Use for Content Provider , including but not limited to compliance with the Terms of Use for Content Provider subsequent to alterations, if any.

2. Services Overview

This is an online Platform where persons / Institutes / coaching centres can share, publish content and study material that provides assistance to students or such persons in the preparation for various subjects (“Services”). The Content Provider can register themselves online and subsequently gain access to the Platform where they may share content material with respect to the syllabus, sample questions, etc. (“Study Material”). Upon subscription to such content by any customer on the Platform, You will be entitled to consideration as is mentioned on the website while creation of the course. The determination of the pricing model and amount and consideration for content providers is completely under the purview of the website management and is solely decided by them. Your access to the Platform shall be construed to mean that You agree to all the pricing terms and conditions as decided and mentioned on the website

3. Registration

3.1 To access the services that enable the User to publish content on the Platform, it is compulsory to create an account. You may create an account on the Platform which will collect only Your basic information such as mobile number, name, email, etc. To create an account, You need to choose a username and password. You also have the option of linking Your social media accounts, such as Your Facebook or Google Plus or Twitter account with Our account, to create a unique account with the Platform. You must keep Your account and registration details updated and accurate for the purpose of facilitating communications related to Your activities on the Platform.

3.2 At the time of registration, We may collect the following personally identifiable information from You: Your name, email address, mobile number and other contact details, demographic profile (like Your age, gender, address, etc.). If You choose to link Your social media account with Our account, We collect basic information about You from those social media platforms, such as: name, age, gender, location and e-mail address. Information collected about You is subject to the Privacy Policy of the Company, which may be read as part and parcel of these Terms of Use for Content Provider and users.

3.3 You are solely responsible for protecting the confidentiality of Your account created with Us, username and password. Any activity under this account will be deemed to have been done by You. In the event that You provide us with false and/or inaccurate details or We have reasonable grounds to believe that the information furnished by You is false and/or inaccurate, We hold the right to permanently suspend Your account created on Our Platform.

4. Eligibility

Services on the Platform would be available to India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents etc. are not eligible to use the Platform. However, if You are a minor, i.e. under the age of 18 (eighteen) years and over the age of 13 (thirteen) years, You may use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use for Content Provider. We reserve the right to terminate or refuse Your registration, or refuse to permit access to the Site, if it is discovered or brought to its notice that You are a minor.

5. Access

We grant You a limited and revocable access to make use of Services allowed through Our Platform, such as publishing content, modification of content, or any portion of it that You have uploaded.

6. Restricted activities

6.1 The aforementioned limited access does not include/permit You to publish such content that has been published on any other similar Platform, any resale or commercial use of the Platform content, collection and use of any product listings, descriptions, or prices, any derivative use of the Platform or its content, any downloading or copying of information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.

6.2 No portion of the Platform shall be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our prior express written consent.

6.3 You shall not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Platform or of the Entity and/or its affiliates without Our prior express written consent.

6.4 You shall not use any meta tags or any other hidden text utilizing the Our name or trademarks without Our prior express written consent.

6.5 You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through this Platform, by hacking, password mining or any other illegal means.

6.6 In regards to pricing of content for subscription, the decision of the platform will be final and it will have full rights and discretion to decide on the final pricing

7. Covenants of the User

You hereby agree and undertake not to host, display, upload, publish, transmit, update or share any information which:

i. belongs to another person and to which You do not have any right;

ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii. harms minors in any way;

iv. infringes any patent, trademark, copyright or other proprietary/intellectual property rights;

v. violates any law for the time being in force;

vi. deceives or misleads the addressee about the origin of such messages;

vii. communicates any information which is grossly offensive or menacing in nature;

viii. impersonates another person;

ix. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

x. threatens the unity, integrity, defence, security or sovereignty of India and/or any other country (as the case may be), friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or

xi. is misleading or known to be false in any way

8. Communications

8.1. By using this Platform, it is deemed that You have consented to receiving calls, auto-dialled and/or pre-recorded message calls, e-mails, from Us at any time by the use of the telephone number and e-mail address provided by You for the use of this Platform which shall be subject to the Privacy Policy. The User agrees to receive promotional communication and newsletters from Us and Our partners. This includes contacting through information received from other parties. The use of this Platform also includes Your implied consent to receive SMSes from Us at any time We deem fit. This consent to be contacted is for purposes including and not being limited to clarification calls, marketing calls and promotional calls. The User can opt out of such communication and/or newsletters either by unsubscribing on the Platform, or by contacting the customer services team and placing a request for unsubscribing by sending an email to teacherdadaedu@gmail.com.

8.2. You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of Our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.

8.3. The information provided by You will be governed by the Privacy Policy and We will not disclose Your contact information to third parties not associated with Us or this Platform

9. Service Fee

You shall be liable to make payment of Service fee to Us in lieu of the Services rendered by Us under these Terms of Use of Content Provider and as is mentioned on the website.

10. User Obligations

10.1 You are a restricted User of this Platform.

i. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Platform. With Our prior permission, limited use of the Platform content may be allowed. It is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is prohibited.

ii. You agree not to access (or attempt to access) the Platform and/or the material or Services by any means other than through the interface that is provided by the Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform. You acknowledge and agree that by accessing or using the Platform or services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such content on the Platform. Further, You may however report such offensive content to the relevant authority established by law.

iii. In locations on the Platform, where You are allowed to post or upload data/information, You undertake to ensure that such material is not offensive and is in accordance with applicable laws.

10.2 Further, You are prohibited from doing the following and undertake not to:

i. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

ii. engage in any activity that interferes with or disrupts access to the Platform or the Services (or the servers and networks which are connected to the Platform);

iii. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

iv. publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, illegal substance, obscene, pornographic, anything promoting illegal activity, racism, hate, spam, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 (“Illegal Content”);

v. post any file that infringes the copyright, patent or trademark of other legal entities;

vi. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;

vii. download any file posted by another User that You know, or it is reasonably expected that you should know, cannot be legally distributed in such manner;

viii. probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform;

ix. reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, or any other customer of the Platform, including any account not owned by You, to its source, or exploit the Platform or service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Platform;

x. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, system resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;

xi. collect or store data about other Users in connection with the prohibited conduct and activities set forth in this section;

xii. use the Platform or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or other third parties;

xiii. violate any applicable laws or regulations for the time being in force within India;

xiv. violate the Terms of Use including but not limited to any applicable additional Terms of Use of the Platform contained herein or elsewhere;

xv. violate any code of conduct or other guidelines, which may be applicable for or to any particular service offered by this Platform;

xvi. threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting to any other nation;

xvii. publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India or any other country as the case may be;

xviii. directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

xix. create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISP") or other suppliers;

xx. engage in advertising to, or in solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to those being displayed on the Platform or related to Us;

xxi. transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform;

xxii. use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent.

10.3 However, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which We deem appropriate in Our sole discretion. You understand that We have the right, at all times, to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

10.4 We have no obligation to monitor the material posted on the Platform. We shall have the right to remove or edit any content that in Our opinion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST/ PUBLISH ON THE PLATFORM. In no event shall We assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from the use of content and/or appearance of content on the Platform.

10.5 You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

11. Intellectual Property Rights

11.1 We, Our suppliers and licensors expressly reserve all Intellectual Property Rights (as defined below) in all Intellectual Property (as defined below) which appear on the Platform. Access to or use of the Platform does not confer and should not be considered as conferring upon anyone any license to Our or any third party owned Intellectual Property Rights (as defined below). Any use of the Platform or its contents, including copying or storing it or them in whole or part is prohibited without Our permission.

11.2 “Intellectual Property Rights” shall mean and include the right(s) in and to Intellectual Property (as defined below), any other right(s) and all ancillary and underlying rights subsisting under the applicable laws for the full period thereof and all extensions/ renewals thereof, and all applications for registration in connection with the foregoing.

11.3 “Intellectual Property” shall mean any and all intellectual and industrial property throughout the world, whether or not now existing and whether or not registered or registrable, owned by a person, or to which any person is entitled by virtue of long established use, such as patent(s), copyright(s) (including rights in the nature of or analogous to copyright), trademark(s) (including their associated names and service marks) or trade secret(s), applicable to: (a) processes, specifications, methodologies, procedures and trade secrets; (b) software, tools and machine-readable texts and files; and (c) literary works or other work of authorship, including documentation, reports, drawings (including diagrams, maps, charts, plans), posters, wall papers, screen savers, graphics, designs, logos, slogan, text, artwork, title, audio and/ or video recordings/ clips, scripts and other written documentation, photographs, business names, graphics, computer generated material, computer program/ programmes, tables, compilations, computer databases or other computer generated material and any and all musical work, dramatic work, artistic work, work in relation to Us.

11.4 References on the Platform to any services of third parties or hypertext links to third party sites or information are provided solely for convenience to You and do not in any way constitute or imply Our endorsement or sponsorship of the third party, the information, its product or services.

12. Disclaimer of Warranties and Liabilities

you expressly understand and agree that, to the maximum extent permitted by applicable law that this the website, app, services and other material provided by this platform is provided “as is” without warranty of any kind-express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose and we make no representations or warranties, and we disclaim all representations, warranties, and conditions, oral or written, express or implied, arising from course of dealing, course of performance, or usage in trade, or otherwise, including, without limitation, implied warranties of merchantability, quality, fitness for a particular purpose, title, noninfringement, or systems integration. without limiting the foregoing, we make no warranty, representation, or guarantee as to the use or performance of the platform and does not warrant, represent, or guarantee that the operation of the platform will be fail- safe, uninterrupted, or free from errors or defects or that the platform will protect against all possible threats.

the platform may fail and is not designed, developed, tested, or intended to be reliable in the context of high risk systems. without limiting anything else, we have no responsibility for, and you will indemnify and hold us harmless from, all claims, suits, demands, and proceedings alleging, claiming, seeking, or asserting, any liability, loss, obligation, risk, cost, damage, award, penalty, settlement, judgment, fine, or expenses (including attorneys fees) arising from or in connection with your use of the platform on or in a high risk system, including, without limitation, those that (i) could have been prevented by deployment of fail- safe or fault-tolerant features to the high risk system, (ii) are based on a claim, allegation, or assertion that the functioning of the high risk system depends or depended on the functioning of the platform or that the failure of the platform caused a high risk system to fail.

we disclaim any liability related to user content arising out of violation of intellectual property rights, libel, privacy, publicity, obscenity or other laws. we shall not be liable for any third party product or services. the advertisements available on e-mail or platform with respect to third party websites or products and services are for information purposes only.

13. Indemnification and Limitation of Liability

13.1 You agree to indemnify, defend and hold harmless this Platform /Entity including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by virtue of, any breach or nonperformance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use for Service Provider. Further, You agree to hold Us harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any claim that Your material caused damage to a third party, Your violation of the terms of service, or Your violation of any rights of another, including violation of any intellectual property rights.

13.2 You further agree to hold us harmless of any liability arising out of service interruptions caused by the hosting service, failure or any act by or nature of telecommunications carrier, of the internet backbone, of any internet servers.

13.3 In no event are We, Our officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Platform or services.

13.4 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

14. Termination

14.1 We may suspend or cancel Your registration and/ or terminate Your access to the Platform if You are in breach of these Terms of Use for Content Provider or have made any improper use of the Platform. You may cancel Your registration at any time by informing Us in writing. If You do so, You must stop using the Platform. The suspension, cancellation or termination of Your registration and Your right to use the Platform shall not affect either party’s statutory right or liabilities.

14.2 We may terminate these Terms of Use for Content Provider at any time and may do so immediately without notice, and accordingly deny You access to the Platform.

14.3 Our right to any comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this Terms of Use for Content Provider.

15. Withdrawal of Content by Content Provider

15.1 You may withdraw the content posted by You on this Platform at any point of time within 18 (eighteen) months from the date of posting the content provided that there are no active subscriptions made by any customer to that content.

15.2 You may withdraw the content posted by You on this Platform after 18 months from the date of subscription of any customer.

15.3 You will not be allowed to withdraw the content while some customer has subscribed to it until 18 months of expiry to that content. For illustrative purposes, the content provided by You is published on the Platform on 1st January, 2018. You may withdraw the content at any point of time after the 30th of June 2019 provided there are no subscriptions to that content. However, if Customer A has subscribed to your content on the 10th of August, 2018; you may not withdraw the content until January 10, 2020.

15.4 Notwithstanding anything contained in this section, You have the right to modify the content with prior written notice provided to Us.

16. Hosting of Third Party Information

The Platform hosts information provided by third parties. We are in no manner responsible to You for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure a certain level of accuracy, however, We are not responsible for the information so furnished. You agree not to hold Us liable for the falsification of any such third party information.

17. Governing Law and Jurisdiction

These Terms of Use for Content Provider shall be governed by and construed in accordance with the laws of India without giving effect to principles of conflict of laws thereof, regardless of the place of making or performance. The parties subject themselves to the exclusive jurisdiction of the courts at Mumbai, India

18. Privacy

We encourage You to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Certain information, statements, data and content (such as but not limited to photographs) which You provide on the Platform are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that Your submission of such information is voluntary. Further, You acknowledge, consent and agree that We may access, preserve, and disclose information You provide to Us at any stage during Your use of the Platform. Terms governing disclosures of information to third parties are further addressed in Our Privacy Policy.

19. Miscellaneous Provisions

19.1 Entire Agreement

These Terms of Use for Content Provider shall constitute the entire agreement between the parties hereto relating to the subject matter thereof, and there are no oral statements, representations, warranties, undertakings or agreements between the parties except as provided herein.

19.2 Waiver

The failure of any party to enforce any term or provision hereof shall not be construed to be waiver of such term or provision and shall in no way affect the right of such party thereafter to enforce such term or provision or any term or provision hereof.

19.3 Relationship between the parties

These Terms of Use for Content Provider has been entered into on a principal-to-principal basis and nothing contained herein shall be deemed to constitute a joint venture, partnership, or agency relationship between Us and You. The parties hereto shall not represent as an agent of the other under any circumstances and at any place and at any point of time and shall fulfil their obligations strictly in terms of these Terms of Use for Content Provider as between two independent principals in commercial transactions and none of the terms and conditions of these Terms of Use for Content Provider or their context shall be read or meant to be otherwise.

19.4 Assignment

Either party shall not assign its rights or obligations under these Terms of Use for Content Provider without the prior written consent of the other party.

19.5 Amendments

No modification, amendment or waiver of the terms and conditions of these Terms of Use for Content Provider shall be valid or binding unless made in writing and duly executed by the parties.

19.6 Notices

All notices, requests, demands or other communication required or permitted to be given under these Terms of Use for Content Provider and the provisions contained herein shall be written in English and shall be deemed to be duly sent by registered post, postage prepaid to the other parties at the address mentioned hereinabove.

19.7 Severability

If any provision of these Terms of Use for Content Provider is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, such provision shall be enforced to the maximum extent possible and the remaining provisions shall remain in full force and effect.

19.8 Contact Us

If You have any questions about these Terms of Use Content Provider, the Our practices, or Your experience with the Service, You can contact at teacherdadaedu@gmail.com

Last updated on May 7, 2019