T&C - Teachers
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
3.1 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.
3.3 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.
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
8.2. 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. Service Fee
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;
xiii. violate any applicable laws or regulations for the time being in force within India;
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
13.2 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.
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
19. Miscellaneous Provisions
19.1 Entire Agreement
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
19.8 Contact Us
Last updated on May 7, 2019