T&C - Students

1. Introduction

1.1 These terms of use for subscribers (“Terms of Use for Subscribers”) govern the use of the website ‘www.teacherdada.com’ and mobile application (“Platform”) owned and operated by Integrated Education Systems (“We/ Us/ Our”), 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, the students can set their own learning goals, learn at their own pace, enhance their strengths and address their weaknesses (“Business”), by the subscription of the Subscription Packages available on the Platform (hereinafter referred to as “Subscribers/Users/ You/ Your”.

1.2 You are advised to read and understand these Terms of Use for Subscribers 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 Subscribers 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 Subscribers for access to or use of the Platform that is being generated by a computer system.

1.4 The aforementioned 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 Subscribers are only for the purpose of organising the various provisions under these Terms of Use for Subscribers 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 Subscribers 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 Subscribers 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 Subscribers. Your continued use of the Platform is subject to Your compliance with the Terms of Use for Subscribers, including but not limited to compliance with the Terms of Use for Subscribers subsequent to alterations, if any

2. Services Overview

This is an online Platform where Users can subscribe to study materials that provide assistance in their preparation for various subjects. The Users can register themselves online and subsequently gain access to the syllabus, sample questions, etc. (“Study Material”) after making payment of subscription fees for the same. Access to the Study Material shall be unlocked based on the subscription fees paid by the User. The subscription fees charged and pricing and payment policies are completely determined and decided by the website

3. Registration

3.1 To access the services provided on the Platform and purchase Subscription Packages, it is compulsory for the Users to create an account (“User Account”). You may create a User Account on the Platform which will collect only Your basic information such as mobile number, name etc. To create the User 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 account with Your User Account. You must keep Your User Account and registration details updated and accurate for the purpose of facilitating communications related to Your purchases of the Subscription Packages from the Platform.

3.2 At the time of registration, We may collect certain personally identifiable information from You such as 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 Your User Account, We collect basic information about You from those social media platforms, such as Your name, age, gender, location and e-mail address. Information collected about You is subject to Our Privacy Policy which shall be read as part and parcel of these Terms of Use for Subscribers.

3.3 You are solely responsible for protecting the confidentiality of Your username and password and any activity under the User 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 a reasonable ground to believe that false and/or inaccurate information has been furnished by You, We hold the right to permanently suspend Your Account.

4. Eligibility

The services on the Platform would be available to select territories in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 or any other applicable laws 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 Subscribers.

5. Security Of Information

Transactions on the Platform are secure and protected. Any information entered by the User when transacting on the Platform is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored or retained by Us or the Platform in any manner. This information is supplied by the User directly to the payment gateway authorised to handle the information provided, and is compliant with the regulations and requirements of the banks, institutions and payment franchisees that the payment gateway is associated with. The platform will not be responsible incase of any dispute in regards to transactions with the payment gateways

6. License And Access

We grant You a limited and revocable sub-license to access and make personal use of the content on the Platform, but not to download (other than page caching) or modify it, or any portion of it, except with Our express written consent.

7. Restricted Activities

7.1 The aforementioned limited sub-license does not include/permit any resale or commercial use of the Subscription Packages or the content on the Platform, 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.

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

7.3 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 Us and/or its affiliates without Our express written consent.

7.4 You shall not use any meta tags or any other hidden text utilising Our name or trademarks without Our express written consent.

7.5 You shall not attempt to gain unauthorised 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 the Platform, by hacking, password mining or any other illegal means.

8. Covenants Of The User

8.1 You hereby agree and undertake not to host, display, upload, modify, 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 (as defined below);

(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, 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.

9. Communications

9.1 By using this Platform, it is deemed that You have consented to receiving calls, autodialed 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 the Platform which shall be subject to the Privacy Policy. You agree to receive promotional communication and newsletters from Us and Our partners. This includes contacting through information received from other parties. The use of the Platform also includes Your implied consent to receive SMSs 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.

9.2 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.

9.3 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 the Platform.

10. Payment

The User shall be required to make payment of applicable subscription fees at the time of subscribing to or up-gradation of the Subscription Packages. The course prices & pricing policies is decided by the website and website management has full right to edit, change this pricing/pricing policy at their own discretion. Prices once paid will not be refundable.

11. User Obligations

11.1 You are a restricted User of the 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 content available on the Platform 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 Platform, 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.

11.2 Further, You are prohibited from doing the below mentioned activities and You herby 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, obscene, pornographic, 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;

(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 the any user 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 for Subscribers, or to solicit the performance of any illegal activity or other activity which infringes the rights of the 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 for Subscribers including but not limited to any applicable additional Terms of Use for Subscribers 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 the 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;

(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; and

(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.

11.3 However, We can (and You hereby expressly authorise 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 (twenty four) hours 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.

11.4 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 Use for Subscribers. Notwithstanding anything contained herein, You remain solely responsible for the content of the material You post on the Platform and in Your private messages. 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.

11.5 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.

12. Intellectual Property Rights

12.1 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.

12.2 “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.

12.3 “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.

12.4 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.

12.5 We are not responsible for the content posted on the Platform and We do not make any representations regarding the content or accuracy of any content available on the Platform. Further, if You decide to access a link of any third party websites, You do so entirely at Your own risk.

13. Disclaimer Of Warranties And Liabilities

13.1 You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform, services and other material provided by the Platform are on an “as is” basis 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.

13.2 Without limiting the foregoing, We make no warranty that:

(i) Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;

(ii) Materials, information and results obtained will be effective, accurate or reliable; and

(iii) Any errors or defects in the Platform, services or other materials will be corrected.

13.3 Any material or data downloaded or otherwise obtained by You through the Platform is done entirely at Your own discretion and risk and You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to an invalid coupon. We accept no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties.

13.4 We disclaim any liability related to User content arising out of violation of Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws.

13.5 We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any User content.

13.6 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.

14. Indemnification And Limitation Of Liability

14.1 You agree to indemnify, defend and hold harmless Us including but not limited to Our affiliates, 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 non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use for Subscribers. 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 Plaform, 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.

14.2 In no event shall 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, services or materials.

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

14.4 Notwithstanding anything to the contrary contained herein, under no circumstances shall Our aggregate liability to indemnify You hereunder exceed the subscription fees paid by You with respect to the Subscription Packages in relation to which the liability has arisen.

15. Termination

15.1 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 Subscribers 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.

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

15.3 Any such termination of the Terms of Use for Subscribers shall not cancel Your obligation to make any payment to Us, the liability of which has already arisen hereunder.

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 Subscribers 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. Miscellaneous

18.1 Notices

All notices, requests, demands or other communication required or permitted to be given under these Terms of Use for Subscribers 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.

18.2 Entire Agreement

These Terms of Use for Subscribers 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.

18.3 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.

18.4 Amendments

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

18.5 Relationship between the parties

These Terms of Use for Subscribers 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 Subscribers as between two independent principals in commercial transactions and none of the terms and conditions of these Terms of Use for Subscribers or their context shall be read or meant to be otherwise.

18.6 Assignment

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

18.7 Severability

If any provision of these Terms of Use for Subscribers 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.

Last Updated on: May 7, 2019

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