Welcome to the terms of use for TheShikshak - Subscription. These terms are between you and TheShikshak (“TheShikshak”, “we” or “us”). Please read these terms, along with the Privacy Policy, Terms of Use, and all other rules and policies made available or published on TheShikshak platform or mobile application (including, but not limited to, any rules or usage provisions specified on any page or on any help or other informational page on TheShikshak website or mobile application) (collectively, this "Agreement"). The versions of the above-mentioned policies and terms are available on TheShikshak website and/or mobile application for your reference and to understand how we handle your personal information. Every time you visit, browse, or use your TheShikshak Subscription, you accept this Agreement.

A.     Subscription & Eligibility

TheShikshak Subscription (the "Subscription Service") is a personalized Subscription that offers you digital educational content (collectively, "Educational Content") in the category of your interest. You can access the Subscription and Educational Content, through the TheShikshak mobile application by subscribing to any category of your choice from the available subscription plans (“Subscription”). The Subscription will allow you access to the subscribed courses during your Subscription Period.

B.     Compatible devices

In order to access the courses / classes or to download the Educational Content in the mobile application, you will need to use a mobile device that meets the system and compatibility requirements (a "Compatible Device"). The Compatible Devices may change from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future. Thus, kindly make sure that the device that you use is compatible with our system/software to avail the Subscription Service.

C.     Educational content

1.      The Subscription allows you to access Educational Content on a subscription basis in the subscripted category for viewing, during the Subscription Period.

2.      Downloading:

You shall only have option to do in-app download and the downloaded Educational Content can be viewed by you during the Subscription Period in your compatible devices. After downloading the Educational Content, you shall have access to the same for the Subscription Period only and all access to the downloaded content shall be removed on expiry or termination of your Subscription, as the case maybe.

3.      Viewing Period:

You can watch the Educational Content during your Subscription Period, by in-app downloading or online viewing, as often as you want and as long as you want provided that you have an active subscription and the viewing is within the Subscription Period.

4.      Subscription & Payment.

You can subscribe to the category of your choice by clicking the Subscribe option and making the required payment for the subscription.

 

5.      Limited License to Educational Content.

Subject to payment of the Subscription fee, and your compliance with all terms of this Agreement, TheShikshak grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Subscription Period, to access and view the Educational Content in accordance with the terms of this Agreement, for personal, non-commercial, private use only. We may automatically remove your access to the Educational Content from your Compatible Device after the end of the Subscription Period or in accordance with any restriction mentioned in this Agreement.

6.      Availability of Subscribed Educational Content.

Educational Content will generally continue to be available to you for in app download or streaming during the Subscription Period, as applicable, but may become unavailable due to for reasons beyond the control of TheShikshak and as such, TheShikshak will not be liable to you if the Educational Content in the subscribed category becomes unavailable for further in app download or streaming. You may download and store your own copy of Educational Content on a Compatible Device authorized for such in app download so that you can view that Educational Content but the access to such in-app downloaded Educational Content shall be removed on expiry of the Subscription Period or termination of the Subscription in accordance with the terms of this Agreement.

7.      In-App Downloading. 

You are granted license only for in-app download of the Educational Content in the mobile application or on such Compatible Device so permitted. Screen-casting or downloading on any other device or in any manner not permitted herein shall amount to immediate termination of Subscription along with termination of access to all downloaded Educational Content with a right to initiate appropriate legal action, at the sole discretion of TheShikshak.

8.      Quality of Streaming.

The resolution and quality of the Educational Content you receive will depend on a number of factors, including the type of Compatible Device on which you are accessing the Educational Content and your bandwidth, which may increase or decrease over the course of your viewing. While we strive to provide you a high-quality viewing experience, we make no guarantee as to the resolution or quality of the Educational Content you will receive when streaming.

9.      General Restrictions.

You may not (i) transfer, copy or display the Educational Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Educational Content; (iii) remove any proprietary notices or labels on the Educational Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Subscription; or (v) use the Subscription or Educational Content for any commercial or illegal purpose.

D.     Additional terms

1.      Communications.

We may send you promotions or otherwise communicate with you electronically, which may include e-mail, push notification, and you hereby consent to receive those communications. These communications will be in accordance with the TheShikshak Privacy Policy.

2.      Modification of Subscription.

TheShikshak reserves the right to modify, suspend, or discontinue the Subscription Service, or any part of the Subscription Service, at any time and without notice (except as required by applicable law), and TheShikshak will not be liable to you should it exercise such rights, even if your ability to use Educational Content is impacted by the change.

3.      Amendments.

TheShikshak reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with the Subscription Service. To the maximum extent permitted by law, your continued use of the Subscription Service following any changes will constitute your acceptance of such changes.

4.      Reservation of Rights; Waiver. 

The Subscription Service and the Educational Content embody intellectual property that is protected by law. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

5.      Disputes/Conditions of Use. 

Any dispute or claim arising from or relating to this Agreement or the Subscription Service is subject to the governing law, disclaimer of warranties and limitation of liability, any binding arbitration, and all other terms in the TheShikshak Terms of Use. You agree to those terms by using the Subscription Service.

6.      Limitation of Liability.

Without limiting the disclaimer of warranties and limitation of liability in the TheShikshak Terms of Use: (i) in no event shall our total liability to you for all damages arising out of or related to your use or inability to use the Subscription Service exceed the amount of INR 500 (Indian Rupees Five Hundred); and (ii) in no event shall our total liability to you for all damages arising from your use of the Subscription Service, the Educational Content, or information, materials included on or otherwise made available to you through the Subscription Service, exceed INR 500 (Indian Rupees Five Hundred). The limitations in this section will apply to you even if the remedies fail of their essential purpose.

7.      Contact Information.

For communications concerning this Agreement, please write to TheShikshak at info@TheShikshak.com.

8.      Severability.

If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.