TERMS
AND CONDITIONS
Welcome to the TheShikshak’s
terms and condition. These terms and conditions (“Terms and Conditions”), are
between TheShikshak and you, (hereinafter referred to as “You” or “Your” or
“User(s)”). By accessing our website www.TheShikshak.com (“Website”)
and/or our app ‘TheShikshak App’ (“App(s)”), Website and Apps together shall be
referred to as “TheShikshak Platform”, you agree to be bound by the provisions
of these Terms and Conditions.
Please read these Terms and
Conditions, along with the Privacy Policy and all other rules and policies made
available or published on TheShikshak Platform as they shall govern your use of
the TheShikshak Platform. By using or visiting the TheShikshak Platform or any TheShikshak
software, data feeds, and service provided to you on, from, or through the TheShikshak
Platform, you signify your agreement to (1) these “Terms and Conditions”, (2) TheShikshak’s Privacy Policy and any other terms that are
updated from time to time. If you do not agree to any of these terms, please do
not use the TheShikshak Platform.
The domain name, Website and the Apps are
owned, registered and operated by TheShikshak, a proprietorship firm, and
having its registered office at 603, Sai Anand Plaza, Castle Mill, Thane,
(hereinafter referred to as “TheShikshak” or “us” or “we” or “our” or “Company”
or “Firm”).
1)
These Terms and
Conditions apply to all Users of the TheShikshak Platform. The TheShikshak
Platform includes all aspects of the Website and Apps which includes but is not
limited to products, software and service offered via the TheShikshak Platform,
such as the TheShikshak online platform, TheShikshak - Subscription, and any
other service or application that TheShikshak introduces from time to time.
2)
TheShikshak
Platform is an online platform that supports and facilitates the online hosting
of educational videos and / or tutorials, by the TheShikshak Platform. Such
content uploaded through the use of the TheShikshak Platform shall hereinafter
be referred to as “User Content”.
3)
The TheShikshak
Platform may include or contain links to any third-party websites that may or
may not be owned or controlled by TheShikshak. TheShikshak has no control over,
and assumes no responsibility for, the content, privacy policies, or practices
of any third-party websites. In addition, TheShikshak will not and cannot
censor or edit the content of any third-party site. By using the TheShikshak
Platform, you expressly relieve TheShikshak from any and all liability arising
from your use of any third-party website or services. However, we recommend
that before you use any third-party services or website you read and understand
the terms and conditions and privacy policy of each such website that you
visit.
4)
Subject to these
Terms and Conditions, Privacy Policy and all other rules and policies made
available or published elsewhere, TheShikshak hereby grants you a
non-exclusive, non-transferable, non-sublicensable, limited license to use the TheShikshak
Platform in accordance with these Terms and Conditions.
5)
You agree and
acknowledge that TheShikshak shall have the right at any time to change or
discontinue any aspect or feature of the TheShikshak Platform, including, but
not limited to, the User Content, hours of availability and equipment needed
for access or use. Further, TheShikshak may discontinue disseminating any
portion of information or category of information may change or eliminate any
transmission method and may change transmission speeds or other signal
characteristics. TheShikshak reserves the right to refuse access to the TheShikshak
Platform, terminate Accounts, remove or edit contents without any notice to
You.
In order to access some of the features of the
TheShikshak Platform, you have to create your account with TheShikshak. You
agree and confirm that you will never use another User’s account nor provide
access to your account to any third-party. When creating your account, you
confirm that the information so provided is accurate and complete. Further, you
agree that you are solely responsible for the activities that occur on your
account, and you shall keep your account password secure and not share the same
with anyone. You must notify TheShikshak immediately of any breach of security
or unauthorized use of your account. At no point in time will TheShikshak be
liable for any losses caused by any unauthorized use of your account, you shall
solely be liable for the losses caused to TheShikshak or others due to such
unauthorized use, if any.
D. Access,
Permissions and Restrictions
TheShikshak hereby grants non-exclusive,
non-transferable, non-sublicensable, limited license access and permission to use
the TheShikshak Platform as set forth in these Terms and Conditions, provided
that:
1)
You agree not to
distribute in any medium any part of the TheShikshak Platform or the content
without TheShikshak’s prior written authorization.
2)
You agree not to
alter or modify any part of the TheShikshak Platform.
3)
You agree not to
access content of any other User through any technology or means other than the
video playback pages of the TheShikshak Platform itself.
4)
You agree not to
use the TheShikshak Platform for any of the following commercial uses unless
you obtain TheShikshak’s prior written approval:
·
the sale of
access to the TheShikshak Platform;
·
the sale of
advertising, sponsorships, or promotions placed on or within the TheShikshak
Platform or content; or
·
the sale of
advertising, sponsorships, or promotions on any page or website that provide
similar TheShikshak Platform as that of TheShikshak.
5)
You agree to
receive installs and updates from time to time from TheShikshak. These updates
are designed to improve, enhance and further develop the TheShikshak Platform
and may take the form of bug fixes, enhanced functions, new software modules
and completely new versions. You agree to receive such updates (and permit TheShikshak
to deliver these to you) as part of your use of the TheShikshak Platform.
6)
You agree not to
use or launch any automated system, including without limitation, “robots,”
“spiders,” or “offline readers,” that accesses the TheShikshak Platform in a
manner that sends more request messages to TheShikshak’s
servers in a given period of time than a human can reasonably produce in the
same period by using a conventional on-line web browser. Notwithstanding the
foregoing, TheShikshak grants the operators of public search engines permission
to use spiders to copy materials from the site for the sole purpose of and
solely to the extent necessary for creating publicly available searchable
indices of the materials, but not caches or archives of such materials. TheShikshak
reserves the right to revoke these exceptions either generally or in specific
cases at any time with or without providing any notice in this regard. You
agree not to collect or harvest any personally identifiable information,
including account names, from the TheShikshak Platform, nor to use the
communication systems provided by the TheShikshak Platform (e.g., comments,
email) for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any Users of the TheShikshak Platform with respect to User
Content.
7)
You may post
reviews, comments and other content; send other communications; and submit
suggestions, ideas, comments, questions or other information as long as the
content is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringement of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings or
any other form of spam. Further, you give TheShikshak limited, royalty free,
worldwide, non-exclusive license to use the said communication in developing
its TheShikshak Platform and in any of its marketing or promotional activities.
8)
In your use of
the TheShikshak Platform, you will at all times comply with all applicable laws
and regulations.
9)
TheShikshak
reserves the right to discontinue any aspect of the TheShikshak Platform at any
time with or without notice at its sole discretion.
In addition to the general restrictions
mentioned above, the following limitation and conditions shall apply to your
use of the Content.
1)
TheShikshak
Content utilized on the TheShikshak Platform which shall include but not be
limited to trademarks, service marks and logos (“Marks”), process, images,
software, graphics are owned by or licensed to TheShikshak and subject to
copyright and other intellectual property rights under the law.
2)
You may access
Content for your information and personal use solely as intended through the
provided functionality on the TheShikshak Platform and as permitted under these
Terms and Conditions.
3)
You shall not
download any User Content unless you see a “download” or similar link displayed
by TheShikshak on the TheShikshak Platform for that User Content.
4)
You shall not
copy, reproduce, make available online or electronically transmit, publish,
adapt, distribute, transmit, broadcast, display, sell, license, or otherwise
exploit any User Content for any other purposes other than as provided herein
without the prior written consent of TheShikshak or the respective licensors of
the User Content. TheShikshak reserve all rights not expressly granted in and
to the TheShikshak Platform and the User Content.
5)
You agree not to
circumvent, disable or otherwise interfere with security-related features of
the TheShikshak Platform or features that prevent or restrict use or copying of
any User Content or enforce limitations on use of the TheShikshak Platform or
the User Content therein.
6)
You understand
that when using the TheShikshak Platform, you will be exposed to User Content
from variety of sources and by different Users, and that TheShikshak is not
responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Content. You further understand and
acknowledge that you may be exposed to User Content that is inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may have against TheShikshak
with respect thereto, and, to the extent permitted by applicable law, agree to
indemnify and hold harmless TheShikshak, its owners, operators, affiliates,
licensors, and licensees to the fullest extent allowed by law regarding all
matters related to your use of the TheShikshak Platform.
Please refer to TheShikshak – Subscription
terms and conditions to know more about the terms that shall govern your
subscription. TheShikshak – Subscription is exclusive for the Users who have subscribed.
You shall not give any unauthorized access or distribute or reproduce the
Educational Content (as defined in the Subscription terms and conditions) to a
third party.
In the event that TheShikshak becomes aware of
any Users giving unauthorized access to any third party or distributing or
reproducing any Educational Content to or any third-party channel or media, TheShikshak
reserves the right to suspend or terminate the said User’s account with immediate
effect.
G. TheShikshak
Intellectual Property Right
The TheShikshak Platform, the processes, and
their selection and arrangement, including but not limited to all text,
graphics, User interfaces, visual interfaces, sounds and music (if any),
artwork and computer code on the TheShikshak Platform is owned and controlled
by TheShikshak and the design, structure, selection, coordination, expression,
look and feel and arrangement of such content mentioned hereinabove is
protected by copyright, patent and trademark laws, and various other national
and international IPR laws and regulations. For clarity, content in the above
sentence shall not include User Content.
Unless otherwise indicated or anything
contained to the contrary, or any proprietary material owned by a third-party
and so expressly mentioned, TheShikshak owns all IPR to and into the trademark
“THESHIKSHAK”, and the TheShikshak Platform.
The mark “TheShikshak” is the sole property of
TheShikshak. Reproduction in whole or in part of the same is strictly
prohibited unless used with an express written permission from TheShikshak.
When you visit TheShikshak Platform or send
email to us, you are communicating with us electronically. By communicating
with us, you consent to receive communication from us electronically. We will
communicate with you by email or posting notices on TheShikshak Platform. You
agree that all agreements, notices, disclosures, disclaimers, offers and other
communications that are provided to you electronically satisfy any legal
requirement that such communication should be in writing.
YOU AGREE THAT YOUR USE OF THE THESHIKSHAK
PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THESHIKSHAK,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE THESHIKSHAK PLATFORM AND YOUR USE THEREOF.
TO THE FULLEST EXTENT PERMITTED BY LAW, THESHIKSHAK EXCLUDES ALL WARRANTIES,
CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR
ANY CONTENT ON THESHIKSHAK, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE THESHIKSHAK
PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE THESHIKSHAK
PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE THESHIKSHAK PLATFORM BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT
OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE THESHIKSHAK PLATFORM. THESHIKSHAK DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR THESHIKSHAK
PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE THESHIKSHAK
PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND THESHIKSHAK WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL THESHIKSHAK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES
OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT THESHIKSHAK,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR THESHIKSHAK PLATFORMS, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE THESHIKSHAK PLATFORM, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
THESHIKSHAK PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE THESHIKSHAK PLATFORM, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THESHIKSHAK
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS,
WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY
EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY
LAW, THESHIKSHAK LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR
CONDITIONS TO EITHER SUPPLYING YOU THE THESHIKSHAK PLATFORMS AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT THESHIKSHAK
SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
THE THESHIKSHAK PLATFORM IS CONTROLLED AND
OFFERED BY THESHIKSHAK FROM ITS FACILITIES IN INDIA. THESHIKSHAK MAKES NO
REPRESENTATIONS THAT THE THESHIKSHAK PLATFORM IS APPROPRIATE OR AVAILABLE FOR
USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE THESHIKSHAK PLATFORM FROM
OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR
COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you
agree to defend, indemnify and hold harmless TheShikshak, its officers,
directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees) arising from: (i) your use of and access to the
TheShikshak Platform; (ii) your violation of any term of these Terms and
Conditions; (iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; (iv) any claim that your
User Content caused damage to a third party; or (v) violation of any applicable
laws. This defense and indemnification obligation will survive these Terms and
Conditions and your use of the TheShikshak Platform.
L. Eligibility to
use and Acceptance of the Terms and Conditions
You affirm that you are either more than 18
years of age, or possess legal parental or guardian consent, and are fully able
and competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms and Conditions, and to
abide by and comply with these Terms and Conditions. If you are under 18 years
of age, then please talk to your parents or guardian before using the TheShikshak
Platform.
TheShikshak reserves the right to refuse
access to use the TheShikshak Platforms to any Users or to suspend and/or
terminate access granted to existing registered Users at any time without
according any reasons for doing so.
We provide these Terms and Conditions with our
TheShikshak Platform so that you know what terms apply to your use. You
acknowledge that we have given you a reasonable opportunity to review these
Terms and Conditions and that you have agreed to them. You agree and
acknowledge that your use of the TheShikshak Platform is subject to the most
current version of the Terms and Conditions made available on the TheShikshak
Platform at the time of such use.
TheShikshak shall not be liable for failure to
perform, or the delay in performance of, any of its obligations if, and to the
extent that, such failure or delay is caused by events substantially beyond the
its control, including but not limited to acts of God, acts of the public enemy
or governmental body in its sovereign or contractual capacity, war, terrorism,
floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or
unusually severe weather.
These Terms and Conditions are published in
accordance with the provisions of Rule 3 (1) of the Information Technology
(Intermediaries guidelines) Rules, 2011 that require publishing the rules and
regulations, privacy policy and terms and conditions for access or usage of the
TheShikshak Platform.
You are advised not to post any information or
messages that are, or that may be construed, as being malicious, defamatory,
inappropriate, slanderous, pornographic or otherwise sexually oriented or that
makes attacks on or the otherwise opines or comments on any individuals or
groups of individuals, educational institutions or any other entities
whatsoever (whether companies, firms, or any other institutions). You also
agree not to post any information to which you do not have copyrights or other
appropriate permissions to post in public forum. Your failure to comply with
these terms may result in removal of your postings without prior notice to
User. The IP address of all posts is recorded to aid in enforcing these
conditions.
Certain laws require to maintain data with
respect to the TheShikshak Platform and other personal information in a
prescribed format and TheShikshak will use all the information to the extent
required in compliance with the applicable laws and as may be directed or
amended from time to time.
P.
Governing Law and Jurisdiction
The Terms and Conditions are governed by and
constructed in accordance with the laws of India, without reference to conflict
of laws principles and you irrevocably and unconditionally submit to the
exclusive jurisdiction of the courts located in Thane, Maharashtra, India.
Q. Modification,
Amendment or Termination
TheShikshak may, in its sole discretion,
modify or revise these Terms and Conditions and policies at any time, and you
agree to be bound by such modifications or revisions. Your continued use of the
TheShikshak Platform post any modification of the Terms and Conditions shall be
taken as your consent and acceptance to such modifications. Nothing in these
Terms and Conditions shall be deemed to confer any third-party rights or
benefits.
If any part of these Terms and Conditions is
unlawful, void or unenforceable, that part of will be deemed severable and will
not affect the validity and enforceability of any remaining provisions. Any
notice required to be given in connection with the TheShikshak Platform shall
be in writing and sent to the registered office of TheShikshak. We do not
guarantee continuous, uninterrupted or secure access to the TheShikshak
Platform, and operation of the TheShikshak Platform may be interfered by
numerous factors outside our control. Headings are for reference purpose only
an on no way define, limit, construe or describe the scope or extent of such
section. Our failure to act with respect to any breach by you or others does
not waive our right to act with respect to subsequent or similar breaches.
Please read the subscription terms and
conditions carefully before subscribing to any of the subscription plans, as
once you have subscribed you cannot change, cancel your subscription plan. Once
you subscribe and make the required payment, it shall be final and there cannot
be any changes or modifications to the same and neither will there be any
refund.