1.2 THESE TERMS, UNLESS THE SAME HAS BEEN SPECIFICALLY EXCLUDED BY ANY OTHER INSTRUMENT TO WHICH THE COMPANY AND/OR AN USER ARE SUBJECT TO, INCLUDING THIS INTRODUCTORY SECTION, CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. BY USING THE COMPANY PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE - AND ARE NOT AUTHORIZED TO USE - ALL OR ANY PORTION OF THE COMPANY PRODUCTS.
1.3 For the purposes of the Terms, the term “User(s)/You” shall mean and include all persons, natural or artificial, that visit the Site including those that have agreed to become registered users on the Site by providing registration data while registering on the Site as registered users accessing the Company Products through the Website. If you are a parent, guardian, or other natural person who enables a child to access the Company Products, you agree to stand in the shoes of such a child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age. This Site is intended for use by a natural person only if such natural person is 13 (Thirteen) years of age or older.
1.4 If you are using or opening an account to use the Company Products on behalf of a company, entity or organisation (each a "Subscribing Entity"), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms, and (ii) agree to be bound by these Terms on behalf of such Subscribing Entity
3.1 The Company Products enable the Users to learn via live and recorded instruction, tutoring, and learning services through our proprietary Software. The Services include, without limitation, facilitating and hosting Courses, and taking feedback from Users.
3.2 You understand and agree that these Terms are agreed to in consideration of your use of the Company Products and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged.
3.3 Changes to these Terms. Company reserves the absolute right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Site. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these Terms. Your continued use of the Company Products after any revision to these Terms constitutes your binding acceptance of the revised 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.
3.4 Evolving Nature of Services. The Company Products are new and subject to change at any time. We are continually looking to improve the Company Products but if you are at any time dissatisfied with the Company Products, then your sole remedy is to discontinue use of the Company Products.
3.5 Electronic Notices. By using the Company Products or communicating with us, you agree that we may 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 posting a notice on the Site or sending an email to you.
4.1 You are solely responsible for all service, internet, telephony and/or other fees and costs associated with your access to and use of the Company Products, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
4.2 The Company uses internally developed systems for making the Company Products available to the User. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience interruptions. Further, the Company continually enhances and improves these systems in order to accommodate the level of use of the Site. The Company may also add additional features and functionality to the Company Products that might result in the need to develop or licence additional technologies. Increased utilisation of the Site or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. The User agrees that the Company shall not be liable to the User or to any third party claiming through the User for any such failures contemplated herein.
5.1 Accessing the Site and browsing Courses is free of cost. Company however reserves the right to change its fee policies at any time in its sole discretion, including charging for access to the Site, but no fee change will be binding upon you until you agree to such fee changes.
5.2 Unless otherwise stated, all fees are quoted in United States Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method that is accepted by the Company in its sole discretion. If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Company Products pending resolution of any amounts due by you to Company.
6.1 We have no mechanism to control comments/discussions posted on the Site and, as such, we cannot guarantee in any manner the reliability, validity, accuracy or truthfulness of such contents. You also understand that by using the Site you may be exposed to Submitted Contents which you may consider offensive, indecent, or objectionable. You hereby agree to indemnify and hold the Company harmless from and against any and all claims, notices and actions that you may have arising out of your access or use of any Submitted Content.
6.2 Those who choose to access or use the Company Products from other locations, including from outside India, may do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to 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.
7.1 You shall only access the Company Products for lawful purposes. You are solely responsible for the knowledge of and 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) to recruit, solicit, or contact in any form Instructors or potential users for employment or contracting for a business not affiliated with us without our advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any Instructors or other Users of Company Products. You should be careful before meeting any Instructor or other User in person and should only do so in public. Remember to always be safe.
8.1 To use certain Company Products, you will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, the "Account") and for all activities and liabilities associated with or occurring under your Account. You must notify us (a) immediately of any unauthorised use of your Account and any other breach of security, and (b) ensure that you exit from your Account at the end of each Course. We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your Account, either 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 another party due to any use of your Account, excluding only uses following your notification to us of unauthorized access to your Account.
8.2 You may not transfer your Account to any other person and you may not use anyone else's Account at any time. In cases where you have authorized or registered another individual, 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 to and use of the Services; and (iii) the consequences of any misuse.
9.1 In consideration of your use of Company Products, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by Company's registration form (such information being "Your Data"), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms. If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or if we believe that such information is untrue, inaccurate, not current incomplete or misleading, then we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you.
10.1 Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us on or through Company Products (the "Submitted Content") will be treated as non-confidential and subject to the license below, and may be reproduced, distributed, publicly performed, publicly distributed, communicated to the public, and otherwise used and exploited by us for any purpose related to the delivery, marketing, promoting, demonstrating or operating the Company Products, including, but not limited to, for quality control, redistribution or display to Users, and professional development.
11.1 You acknowledge that the software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, 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") .
11.2 You agree that any and all material displayed on the Site is solely for your personal use and you shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, transmit or distribute such material in any manner and through any media including by way of e-mail or other electronic means and shall not assist any other person in doing so. Modification of the said materials or use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited. Unless otherwise specified, when any content is downloaded to your computer, you do not obtain any ownership interest in such content or any use of the content for any other purpose. The Company reserves all rights not expressly granted to you.
11.3 All services rendered by you as a part of this agreement are works made for hire. Company shall have exclusive and sole ownership on the intellectual property developed by us as a part of this agreement. The entire right, title, and interest in and to all copyrights in the Work; all registrations and copyright applications relating thereto and all renewals and extensions thereof; all works based upon, derived from, or incorporating the Work; all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto; all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights; and all rights corresponding to the foregoing throughout the world shall vest with Company with respect to the works pursuant to this agreement.