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.
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.
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.
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.