Terms of Use For
Subscribers/Students/Users
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.
7.6 While you
are on our portal or any of our linked portals, video players, app, etc its important
that all our comments, feedbacks, activities and actions will be respectful and
you will ensure that it doesn’t hart any other subscriber, users directly or
indirectly
7.7 No
spamming or disruption. Don’t send unsolicited mass messages or post
promotional comments. Don’t pay for views and likes. Don’t flood with videos
uploaded by a robot or a robot-like human in a manner that will disrupt
people’s experience here
7.8 Ensure
that you don’t put any comments or messages that make the recipient feel
uncomfortable, such as sexualized compliments or unwelcome advances. Make sure
your user avatar and profile do not include nudity, explicit or gory images,
spammy links, or details designed to impersonate any other person or business
on teacherdada.com or any linked, allied portal.
7.9 By
uploading the video (or any other form of content including text, graphics,
etc) on teacherdada or any of its linked / allied /related site, video player,
etc. you provide automatic consent and transfer/release all related rights to
these portals to play, store, host & exploit the content in any way they
want
7.10 You are
not allowed to upload certain type of content
a. No rips of
movies, music, television, or any other third party copyrighted material
b. No sexually
explicit material or pornography.
c. No videos
that are hateful, harass others, violate someone's privacy, or include
defamatory or discriminatory speech
d. No videos
that depict or promote violent activity, extreme or real-life violence,
self-harm, or cruelty toward animals
e. No videos
that make false or misleading claims about vaccination safety or claim that
mass tragedies are hoaxes
7.11 Comments
/ content / activities that may be disruptive to our teachers/subscribers/
viewers’ experience adversely.
7.12 Violation
of any of our guidelines may lead to removal of your content/subscription /
account and is some cases lead to legal and punitive actions
7.13 If you
feel that any of the video / any other form of content / subscriber / teacher /
student is in violation of the guidelines, you can write to teacherdada as
feedback and flag the same. Teacherdada will hold all rights to decide and take
action if at all on such violation / complains.
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.
(xii) Misuse
the course, teacher credentials, pricing & promotional information.
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:
(ii) abuse,
harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise
violate the legal rights of others;
(iii) 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);
(iv) impersonate
any person or entity, or falsely state or otherwise misrepresent Your
affiliation with a person or entity;
(v) 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;
(vi) post any
file that infringes the copyright, patent or trademark of other legal entities;
(vii) 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;
(viii) 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;
(ix) 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.
(x) 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;
(xi) 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;
(xii) collect
or store data about other Users in connection with the prohibited conduct and
activities set forth in this section;
(xiii) 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;
(xiv) violate
any applicable laws or regulations for the time being in force within India;
(xv) violate
the Terms of Use for Subscribers including but not limited to any applicable
additional Terms of Use for Subscribers contained herein or elsewhere;
(xvi) violate
any code of conduct or other guidelines, which may be applicable for or to any
particular service offered by the Platform;
(xvii) 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;
(xviii) 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;
(xix) 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;
(xx) 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;
(xxi) 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;
(xxii) transmit
any chain letters or unsolicited commercial or junk email to other Users via
the Platform; and
(xxiii) 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
PROVISIONS
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:
Nov 25, 2020
TERMS OF USE FOR
CONTENT PROVIDER / INSTRUCTORS
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 vocational contents, academic contents,
syllabus, sample questions, tests, live lecture, 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, revenue share 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, years of experience, field of specialisation,
demographic profile (like Your age, gender, address, etc.), Your bank
account details where payment can be made, 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 & pricing structure. The platform will also
have the right to bundle your courses with other courses and create a combined
package and 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/organisation 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) Includes information of sales contacts, email ids, phone numbers,
website addresses, social media handles, etc of any party other than
‘Teacherdada’ for the purpose of sales or any kind of business development or
direct / indirect commercial exploitation of the content. We will have full
rights to edit or blur or remove such information/graphics from the content
videos at our end incase it exists and upload the final course which is cleaner
and without such information. The platform will not have any liability or
obligation to take any kind of permission or approval or consent from the
Content provider to do so.
(iv) Harms minors in any way;
(v) Infringes any patent, trademark, copyright or other
proprietary/intellectual property rights;
(vi) Violates any law for the time being in force;
(vii) Deceives or misleads the addressee about the origin of such
messages;
(viii) Communicates any information which is grossly offensive or
menacing in nature;
(ix) Impersonates another person;
(x) Contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer resource;
(xi) 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
(xii) 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 / students /
subscribers 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. The revenue structure for Instructors are divided into two parts for every course that is sold through this platform.
- For courses sold through Instructor promotions or referrals (i.e. sales through Instructor promoted course links. These links can be created on the course page by the teachers and shared with their students/contacts, or through their social handles, etc.) – almost the complete amount is credited back to the teachers/ instructors account (share of 91%) and Only 9% share will be retained by Teacherdada as Service Fees. These amounts are to be calculated post deduction of all relevant taxes including GST and discounts if any
- For courses sold by Teacherdada through the means of its promotions/coupons/SEO/social media handles, etc. or through organic traffic visiting the Teacherdada website, the majority amount is credited back to the Instructor account (share of 65%) and a minority amount is retained by Teacherdada (35%) as service fees. These amounts are to be calculated post deduction of all relevant taxes including GST and discounts if any
- All calculation of revenue share will be done post deduction of all relevant taxes including GST. The amount will be remitted back to the Instructor's bank account details provided during the registration process. Service Fees will be retained by the platform for the purpose of the maintenance cost, data storage cost, server cost, bandwidth cost, manpower cost, marketing promotions, etc. In case a separate arrangement of revenue share for bulk content upload has been agreed in writing between you and the portal management, that arrangement will be used to calculate your revenue share and remittance.
- The portal will decide on the timelines and frequency in which the remittance will be made. The portal will have the final say on the final decision in regard to revenue share arrangement or anything else in regard to service fees and payment. The portal/platform will not be responsible in case of any dispute in regard to transactions with the payment gateways or banks.
- While the Content Provider has the option to determine the price for the courses, You will need to ensure that the content pricing is fair, reasonable, and competitive.
- The Website Management will have the final authority on regulating the content pricing and determining the revenue share in case of discounting offers, bundled pricing with multiple courses, sales promotions offers, corporate tie-up offers, bulk subscription package pricing, etc.
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/videos/image, You undertake to ensure that such
material is not offensive and is in accordance with applicable laws and you own
the IP rights for the same and provide consent to the portal to exploit it in
all ways as required.
(iv) While its your prerogative to finalise the pricing of the course,
you will ensure that the pricing of your course on Teacherdada is realistic,
relevant and fair. The platform management will however have the final
authority on all pricing and discounting decisions and have the option to
modify or change the pricing / discounting if it deems necessary.
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.
(xxiv) No spamming or disruption. Don’t send unsolicited mass messages
or post promotional comments. Don’t pay for views and likes. Don’t flood with
videos uploaded by a robot or a robot-like human in a manner that will disrupt
people’s experience here
(xxv) Ensure that you don’t put any comments or messages that make the
recipient feel uncomfortable, such as sexualized compliments or unwelcome
advances. Make sure your user avatar and profile do not include nudity,
explicit or gory images, spammy links, or details designed to impersonate any
other person or business on teacherdada.com or any linked, allied portal.
(xxvi) Upload only videos you created yourself or for which you have all
legal rights to do so.
a. You must own or hold all necessary rights (copyrights, etc.)
& relevant documents of the video uploaded.
b. You can upload videos that you appear in or helped create (as
director, DP, editor, musician, motion graphics artist, actor, etc.) as long as
you have the necessary permissions & legal consent from the copyright
holders.
(xxviii) By uploading the videos, any other material or promotional content,
you authorise teacherdada to use them as deemed fit for the purpose of
announcements, promotions, demonstrations, sampling and marketing purpose
across various media including online and offline. It will be the content
providers responsibility to ensure that all content and promotional materials
uploaded are rights cleared for both offline and online media and IP
owned/cleared by the content provider for such usage
(xxix) You are not allowed to upload certain type of content
a. No rips of movies, music, television, or any other third party
copyrighted material
b. No sexually explicit material or pornography.
c. No videos that are hateful, harass others, violate someone's
privacy, or include defamatory or discriminatory speech
d. No videos that depict or promote violent activity, extreme or
real-life violence, self-harm, or cruelty toward animals
e. No videos that make false or misleading claims about vaccination
safety or claim that mass tragedies are hoaxes
f. By uploading content on teacherdada or any of its
linked/allied/relayed websites, apps or Portals, you automatically provide
teacherdada the consent to sell & exploit it commercially the way it wants.
g. Below are the content which is strictly not allowed
(I) You may not upload videos promoting products and services of an
erotic nature.
(ii) You may not upload videos that promote fraudulent or dubious
business schemes.
(iii) You may not upload spam or flood the server with videos intended
to drive traffic to your website.
h. Videos/activities that may
be disruptive to our subscribers/ viewers’ experience adversely.
i. If you feel that any of the video / any other form of content /
subscriber / teacher / student is in violation of the guidelines, you can write
to teacherdada as feedback and flag the same. Teacherdada will hold all rights
to decide and take action if at all on such violation / complains.
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.
10.6 While the platform will take precautions, it will not be
responsible incase any party/individual/group/body/organisation/entity with
malicious intention uses unfair/illegal means/tools/processes/techniques to
download/exploit/pirate the videos/content /database/information etc from the
platform.
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, NON-INFRINGEMENT, 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
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 non-performance 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 from the date of
posting the content provided that there are no active subscriptions made by any
customer to that content or it’s not a part of any bundled offering created by
the platform for subscription.
15.2 The platform will have the
complete authority to remove the content if it doesn’t show traction for sales
/ subscription / consumption from the end users or subscribers.
15.3 The Platform will have the final authority to decide on any
withdrawal of content.
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, promo videos) 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 to the respective
email ids provided.
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 August 08, 2021
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