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 (“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.
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”.
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.
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.
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.
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.
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.
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.
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.