Edurity Terms of Use
Effective from April 16th, 2024
INTRODUCTION
Edurity Technology, (the “Company”) is a firm incorporated under the Indian Companies Act of 1956 and having its registered office at Bengaluru, Karnataka, India and includes its successors, subsidiaries and affiliates. The Company owns and operates an online Platform (defined below), including its Website (refer 2.8), Applications or Services, that allows Students (refer 2.2) to find Providers (refer 2.3) offering online or offline classes or courses for any category they wish to learn. It also allows Providers to purchase several Membership Plans that allow them to engage or interact with Students registered on the Platform and avail of benefits as announced by the Platform. The “Platform” includes but is not limited to the Website i.e. https://www.edurity.com, applications designed for mobile operating systems including but not limited to Android, iOS and any other websites, applications or Services launched by the Company.
By accessing or using the Platform through its Website, Application or Services or by downloading or posting any content from or on the Website, or using the Applications, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services (“Terms of Services” or “Terms”), whether or not you have registered with the Platform.
Therefore, please read these Terms of Services before accessing or using the Website, Application or Services or downloading or posting any content from or on the Website, via the Application or through the Services, carefully as they contain important information regarding your legal rights, remedies and obligations.
If you do not agree to these Terms, then you have no right to access or use the Platform, Website, Applications or its Services.
If you are using the Platform, Website, Application or Services then these Terms of Service are binding between you and the Company.
DEFINITIONS
In addition to other words and expressions that may be defined elsewhere in this document, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:
“Member” means a person who has signed up on the Platform as a student, individual tutor or an institute.
“Student”means a Member who has registered on the Platform as a Student. In case of a minor student, this term refers to the parent or guardian who registers their child or ward as a Student.
“Provider” means a Member who has registered on the Platform as a Tutor or an Institute, with the objective of teaching students online or offline at the residence of the student or the tutor. Providers may be Partners or Non-Partners as defined below. All Providers are required to agree to the Terms listed in the Clause 3.4
“Partner Provider” or “Partner” means a Member who signs up on the Platform as a Tutor Partner with the objective of teaching students online using the Platform owned and operated by the Company. Partners have to comply with the Terms of Service for Partner Providers as outlined in the Clause 3.6, apart from the terms listed in the Clause 3.4.
“Non-Partner Provider” or “Non-Partner” means a Member who signs up on the Platform as an Individual Tutor or Institute with the objective of teaching students online using any video chat platform of their choice or convenience, or face-to-face at the residence of the Student or the Provider or any learning center of their choice or convenience. Non Partner Providers have to comply with the Terms of Service for Non-Partner Providers as outlined in the Clause 3.5, apart from the terms listed in the Clause 3.4.
“Membership Plans” refers to the subscription plans announced through the Platform for its members. These Plans may or may not require a payment from the Providers or Students for accessing the Platform for a defined time period. The details of these Membership Plans can be accessed only after registering as a Member on the Platform.
“Users” refers to the collection of all Students, Partners and Providers together registered on the Platform, Website or Applications.
“Website” refers to https://www.edurity.com which is the primary website that the Company owns and operates to provide and offer its Services.
“Payment Link” refers to the requests for payment made by Providers through the Platform. These typically include the details of the payment requested – including but not limited to the amount to be paid, the type of classes to be conducted, the number of classes to be conducted, the type of payment i.e. monthly, course, hourly, the installments in which the payment can be made.
“Coins” refer to a Platform-specific Currency that is added to the User Account of the Providers as per the Terms and Benefits of the Membership Plans purchased or subscribed by the Provider. Coins are required by the Providers for responding to any Student Enquiry raised through the Platform. Coins may also be purchased by Providers as a top-up package using the ‘Buy Coins’ link provided in their User Account on the Platform.
TERMS OF SERVICE
This ‘Terms of Service’ is formulated and published pursuant to the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires the publication of Terms of Service and Privacy Policy for access or usage of a Website, app or related services. The Company reserves the right to modify the terms contained in this Agreement at any time by posting such modifications on the Website without requiring any advance notice to you..
These Terms & Conditions set out the agreement in this regard between the Company and the Students who are registered on the Website, as well as between the Company and the Providers and Partners who are registered on the Website.
Subject to the User’s compliance with the terms hereof, the Company hereby grants to each User a limited, non-exclusive, non-transferable, worldwide license, without the right to sublicense, solely for the purpose of enabling the User to use and enjoy the benefit of Services, in the manner permitted by these terms. The User shall not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may a User reverse engineer or attempt to extract the source code of that software, unless local laws prohibit those restrictions, or you have the prior written permission from the Company.
No User shall:
use the Services except to the extent permitted above;
modify or create any derivative work of any part of the Services;
permit any third parties to use the Services; or
market, sublicense, publish, distribute, reproduce, assign, transfer, rent, lease or loan the Services.
This Agreement and the Services provided by the Platform are available to any person over the age of eighteen (18) years who registers on the Platform as a Student or a Provider. Persons below the age of eighteen (18) shall not be entitled to use the Platform unless such use is through the User account of a parent or a legal guardian. In such a case, “Student” as referred to herein refers to the concerned parent or legal guardian (as the case maybe).
By using the Services, each User grants the Company a limited, worldwide, non-transferable, non-exclusive, non-sub licensable, royalty-free license to use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and make derivative works of the data shared by a User solely in order to enable the User to use the Services. The Company shall have the right to aggregate and anonymize User data and to publish such aggregated and anonymized (non-personally identifiable) data (or) benchmark studies.
Each User registering on the Platform represents, warrants and undertakes to the Company that all information that has been uploaded by the User on the Platform is true, complete and accurate.
Each User of the Platform agrees and acknowledges the following:
The Company provides a variety of forums for you to express yourself in the form of content such as but not limited to blogs, comments, reviews and photographs. You truthfully assert that the content being contributed is yours and that you own the copyright to the content published by you on the Platform.
Information about the schools posted on the Website is obtained from their official websites, other sources on the internet and in some cases by calling the schools.
The Company should not be thought of as the authority and the final guide in your decision making. All decisions shall be taken at your own risk and volition, and subject to independent verification of the data provided on the Website.
The Company at its sole discretion may edit, delete or block access to any Content including member posted content, without notice and without liability. The Company will however make reasonable efforts to inform you of the changes.
By uploading your profile photo or the logo of your institute, you give the Company the right to use the photo or the logo on the Company website as well as on any Company owned marketing material or collateral.
If you are a visitor on our website and if you update any personal contact information such as phone number or e-mail address, the Company reserves the right to contact you using Phone calls, SMS or Email.
Collection of screen names and email addresses of members for purposes of advertisement, solicitation or spam is strictly prohibited.
You shall not, under any circumstance:
Attempt to probe, scan, or test the vulnerability of the Website or breach any security or authentication measures.
Access or search the Sites Content or Services with any third-party search engine, software, or tool.
Create user accounts by automated means or under false or fraudulent pretences.
Post Contact details, text, messages, graphics or materials that are sales offers, advertisements, or promotions for products or services, unless otherwise and explicitly permitted by the Company.
Post forged content such as but not limited to reviews.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice.
PAYMENT TERMS
You agree to pay to the Company any fees determined by the Company at the time of signing up for the Services. You also agree that You will be solely responsible for payment of any and all statutory dues including but not limited to sales, use, import, export, value added or property tax, GST, duties or other amounts that arise in connection with Your use of the Company’s Services.
PERSONAL DATA AND OTHER INFORMATION MADE AVAILABLE ON THE WEBSITE
The User shall read and understand the Privacy Policy available at https://www.Edurity.com/privacy-policy, so as to ensure that he or she has the knowledge of, (i) certain information that may be collected by the Platform; (ii) the purpose of collection and the use that such information is put to; and (iii) the entity that collects and retains the information etc.
The Company is not responsible for the authenticity of the personal information or personal data that is supplied by a User on the Platform. The User shall be responsible for maintaining the confidentiality of his/her account access information and password, and the User shall be held solely liable for all usage of his/her user account and password, whether or not authorized by him/her. The User shall be obligated to intimate the Company regarding any misuse or suspected misuse of his/her user Account information.
Where a User provides information that is not authentic or is incomplete, the Company may at its sole discretion discontinue providing the Services to that User by disabling his/her User Account.
Each User represents and warrants to the Company that the content uploaded by them on the Platform shall not infringe the intellectual property rights of any person.
CONTENT AND INTELLECTUAL PROPERTY TERMS
In addition to providing the Services as stated above, the Platform may also offer other information related to the Services either directly or indirectly using links to third-party websites. The Company may not be the sole owner of all the information that is made available on the Platform. The proprietary rights to all information that is created by the Company and made available on the Platform shall belong to the Company alone. Unauthorized use of any content or material that is available on the Platform may violate intellectual property rights of other parties. You shall use the content on this Platform only for personal, non-commercial use. Any links to third-party websites that are provided on the Platform are for convenience and do not amount to the Company being responsible, in any manner, for such third party websites and their content. You may use such third party content at your own risk.
The Platform shall not be used by you for any illegal or unlawful purpose. Your use of the Platform shall be in compliance with all applicable laws and regulations. You shall not interfere or hinder the use of the Platform by other Users or Users, and you shall not engage in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication.
By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Platform in a lawful manner. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if content belonging to such third party is being used).
Please note that the Company is only an “intermediary” as defined in Section 2(w) of the Information Technology Act, 2000 and can only control the information and content posted by itself on the Platform. The Company does not have the ability to control User/User-generated content on the Platform. You are solely responsible for your interactions with other Users/Users and any content you post. The Company may monitor interactions between Users and remove any content from the Platform that it considers objectionable or inappropriate.
RESTRICTIONS ON USE
You should not host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which you do not have any proprietary right;
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;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
Threatens the unity, integrity, defense, 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 any other nation.
The Company retains the right to remove from the Platform any content that contravenes any of the above conditions.
DISCLAIMER OF WARRANTIES
Please note that your use of the Platform and the services shall be at your sole risk. The Company disclaims all warranties of any kind, whether express or implied, including, but not limited to non-infringement of third party rights with respect to the contents of the Platform, or any reliance upon or use of the Platform contents or the Services.
THE SITE, CONTENT, AND SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL THE COMPANY, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE OUR SERVICES.
THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITES, CONTENT OR SERVICES.YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY 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.
Interruptions: The Company (including its directors, employees, agents and representatives) shall not be liable for any loss or liability resulting, directly or indirectly, from technical glitches or interruptions in the access of the Platform due to electronic or mechanical failures, defects, weather, strikes, acts of God, riots or other like causes.
Inaccuracies: The contents published on the Platform from time to time may include inaccuracies or human as well as mechanical errors, may be incomplete, and may be changed or updated from time to time at the sole discretion of the Company. The Company (including its directors, employees, agents and representatives) make no representations about the suitability or use of the content and features of the Platform for any particular purpose.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY OTHER WEBSITES REFERENCED OR LINKED TO FROM THE WEBSITE OR PLATFORM. THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND/OR SERVICES OFFERED THROUGH THE PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR PAYMENT OF ANY CONSIDERATION.
Further, the Company makes no warranty:
That the content made available on the Platform is complete, updated or accurate; or
That the third party information made available on the Platform or the third party links made available on the Platform are accurate, reliable or complete.
LIMITATION OF LIABILITY
Except for the breach of confidentiality obligations, under no circumstances and under no legal theory, whether tort (including negligence), product liability, contract, or otherwise, shall the Company be liable to you for any indirect, special, incidental, or consequential damages, even if you have been informed of the possibility of such damages
INDEMNIFICATION
You shall indemnify, defend and hold harmless the Company as well as each of its representatives, employees, contractors, agents, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses in relation to all claims arising out of (a) a breach of the obligations undertaken by you under the terms of this Agreement; (b) use or misuse by you of the Platform content; (c) breach of any intellectual property or other proprietary rights of any person or entity; or (d) the inaccuracy or incompleteness of any information or data you supplied on the Website.
If and when so required, the Company may seek written assurances from you regarding your undertaking to indemnify the Company, and your failure to provide such assurances would amount to a material breach of this Agreement. The Company may participate in any legal proceedings where you are defending a third party claim related to your use of any of the Platform. You shall notify the Company of any third party legal proceeding that is initiated in relation to the Platform or the Services, to which legal proceeding you are a party.
PRIVACY
Please refer to the Privacy Policy at https://www.Edurity.com/privacy-policy, incorporated by reference herein, for information on the policy of the Company with respect to personal and sensitive information that is provided by the Users to the Platform.
REDRESSAL OF GRIEVANCES
If you have any questions or grievances regarding the Platform, or the contents thereof, you may reach out to ‘Ponnanna Madaiah’ of the Company’s customer support at supportedurity.com (the “Grievance Officer”). The Grievance Officer shall address any complaint or grievance that is raised by a User within a period of one (1) month from when it is raised.
USE OUTSIDE INDIA
Although the Platform may be accessible worldwide, the Company makes no representation that materials on the Platform are appropriate or available for use in locations outside India or that the Platform complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the Platform from territories where the content of the Platform and/or the provision of the Services is deemed illegal is prohibited. Users accessing the Platform from locations outside India do so at their own risk and are responsible for compliance with local laws that are applicable to them. Any offer for any Service, and/or information made in connection with the Platform is void where prohibited.
MISCELLANEOUS PROVISIONS
Force Majeure. The Company shall not be responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, pandemic, State imposed lockdown restrictions, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform.
Entire Agreement. This Agreement along with the Privacy Policy comprises the entire agreement between you and the Company with respect to the use of the Platform.
No Waiver. A delay or failure by the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Notices: All notices given to you by the Company or by you to the Company shall be in writing and in the English language. Such notice shall be sent by e-mail or mailed by a prepaid internationally-recognized courier service to the intended recipient at the address set out below, or any changed address that is notified by either Party:
Notice to the firm:
Edurity Technology
20, 3rd Floor, Lalita Bhawan, Janki Nagar, Hanuman Nagar, Kankarbagh, Patna, Bihar 80020
Email: [email protected]
Notice to User:
At the email address provided by you at the time of registration on the Website.
Governing Law;Jurisdiction. This Agreement is governed by the provisions of Indian law, including but not limited to the following:
the Indian Contract Act, 1872;
the (Indian) Information Technology Act, 2000;
the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
This Platform originates from the State of Bihar in India. This Agreement will be governed by the laws that are applicable in the State of Bihar. By using this Platform, you consent to the jurisdiction and venue of the courts located in Karnataka, India in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
Termination. The Company may terminate your access to the Platform without any notice to you if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.