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    Terms of Use

    These Terms of Use ("Terms") were last updated on Aug 15, 2018.

    MyOnlineShiksha  is a e-learning portal is owned by Educron Private Limited. MyOnlineShiksha’s mission is to quality learning content for every student of India in affordable prices. We enable anyone to create and share educational courses (Teachers) and to enrol in these educational courses to learn (students). We consider our marketplace model the best way to offer educational content to our users. We need rules to keep our platform and services safe for you, us and our student and teacher community. These Terms apply to all your activities on the MyOnlineShiksha website, the MyOnlineShiksha mobile applications and other related services (“Services”).

    If you publish a course on the MyOnlineShiksha platform, you must also agree to the Knowledge Partner Agreement. We also provide details regarding our processing of personal data of our students and teachers in our Privacy Policy.

    If you live in the India, Nepal, Bangladesh and Pakistan, by agreeing to these Terms, you agree to resolve disputes with MyOnlineShiksha through binding arbitration (with very limited exceptions, not in court).

    Table of Contents

     

    Accounts 

    You need to Sign in/Sign up to your account for most activities on our platform. Keep your password somewhere safe, as you’re responsible for all activity associated with your account. If you suspect someone else is using your account, you must reset your password. You must be 18 to use MyOnlineShiksha and if you are under the age of 18 years, you may use the MyOnlineShiksha only with involvement of a parent or guardian.

    You need have an account for most activities on myonlineshiksha.com including activities purchase and enrol in a course or to submit a course for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user may be closed.

    If you share your account login credential with someone else, you are responsible for what happens with your account and MyOnlineShiksha will not intervene in disputes between students or teachers who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us. We may request some information from you to confirm that you are indeed the owner of your account.

    Students and teachers must be at least 18 years of age to create an account on MyOnlineShiksha and use the Services. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enrol in courses that are appropriate for you.

    You can terminate your account at any time. Check our Privacy Policy to see what happens when you terminate your account.


    Course Enrolment and Lifetime Access

    When you enrol in a course, you get a license from us to view it via the MyOnlineShiksha Services and no other use. Don’t try to transfer or resell courses in any way. We grant you a lifetime access license for most of the courses, except for the time subscription based courses, drip courses(in which course lectures get published at a particular date) and when we must disable the course because of legal or policy reasons.

    Under our Knowledge Partner Agreement, when teacher publish a course on MyOnlineShiksha, they grant MyOnlineShiksha a license to offer a license to the course to students. This means that we have the right to sublicense the course to the students who enrol in the course. As a student, when you enrol in a course, whether it’s a free or paid course, you are getting from MyOnlineShiksha a license to view the course via the MyOnlineShiksha platform and Services, and MyOnlineShiksha is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).

    In legal, more complete terms, MyOnlineShiksha grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a MyOnlineShiksha authorized representative.

    We generally give a lifetime access license to our students when they enroll in a course, except for the time subscription based courses, drip courses(in which course lectures get published at a particular date). However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint. The lifetime access is not applicable to add-on features and services associated with a course, for example downloadable files associated with a course, may be disabled by teachers at any time, and an Teacher  may decide at any time to no longer provide teaching assistance or Q&A services in association with a course. To be clear, the lifetime access is to the course content but not to the Teacher .

    Teachers may not grant licenses to their courses to student directly and any such direct license shall be null and void and a violation of these Terms.


    Payments, Credits, and Refunds

    When you make a payment, you agree to use a valid payment method. If you aren’t happy with your course, MyOnlineShiksha offers a 7-day refund or credit for most course purchases.

    3.1 Pricing

    The prices of courses on MyOnlineShiksha are determined based on the terms of the Knowledge Partner Agreement.

    We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to new users only.

    As a student, prices of the courses which you see is included of GST.

    3.2 Payments

    You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. MyOnlineShiksha works with third party payment processing partners to offer you the most convenient payment methods in India and to keep your payment information secure. Through the network of our Knowledge Partners and Agents, we also accept the INR. Check out our Privacy Policy for more details.

    When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.

    In some cases, we may issue credits to your account. These credits will be automatically applied towards your next course purchase on our website and mobile application. Credits may expire if not used within the specified period, and have no cash value.

    3.3 Refunds and Credits

    If the course you purchased is not what you were expecting, you can request, within 7 days of your purchase of the course, that MyOnlineShiksha credit/refund your account. We reserve the right to apply a credit or a refund, at our discretion, depending on capabilities of our payment processing partners or the platform from which you purchased your course (website, mobile app). No credit or refund is due to you if you request it after the 7-day guarantee time limit has passed.

     As detailed in the Knowledge Partner Agreement, teachers agree that students have the right to receive these credits or refunds.

    At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms you will not be eligible to receive any credit or refund.


    Content and Behaviour Rules

    You can only use MyOnlineShiksha for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with our Trust & Safety Guidelines and our Indian laws, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.

    You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behaviour on our platform must comply with applicable laws and regulations of India. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

    If you are a student, the Services enable you to ask questions to the teachers of courses you are enrolled in, and to post reviews of courses. For certain courses, the Teacher  invites you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.

    If you are an Teacher , you can submit courses for publication on the platform and you can also communicate with the students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of the Republic of India. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Knowledge Partner Agreement before you submit any course for publication on MyOnlineShiksha.

    If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behaviour violates our Trust & Safety Guidelines, or if we believe your content or behaviour is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. MyOnlineShiksha complies with copyright laws. MyOnlineShiksha has discretion in enforcing these Terms and our Trust & Safety Guidelines. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

    If one of our teachers has published a course that infringes your copyright or trademark rights, please let us know. Under our Knowledge Partner Agreement, we require our teachers to follow the law and respect the intellectual property rights of others.


    MyOnlineShiksha’s Rights to Content You Post

    You retain ownership of content you post to our platform, including your courses. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.

    The content you post as a student or Teacher  (including courses) remains yours. By posting courses and other content, you allow MyOnlineShiksha to reuse and share it but you do not lose any ownership rights you may have over your content. If you are a Teacher, be sure to understand the course licensing terms that are detailed in the Knowledge Partner Agreement.

    When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize MyOnlineShiksha to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with MyOnlineShiksha for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.


    Using MyOnlineShiksha at Your Own Risk

    Anyone can use MyOnlineShiksha to create and publish courses and teachers and we enable teachers and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use MyOnlineShiksha at your own risk.

    MyOnlineShiksha enables anyone anywhere to create and share educational courses. Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the courses. If you enrol a course, you rely on any information provided by the Teacher at your own risk.

    By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. MyOnlineShiksha has no responsibility to keep such content from you and no liability for your access or enrolment in any course, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your enrolment in a course.

    When you interact directly with a student or an Teacher , you must be careful about the types of personal information that you share. We do not control what students and teachers do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.

    We do not hire or employ teachers nor are we responsible or liable for any interactions involved between teachers and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of teachers or students.

    When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.


    MyOnlineShiksha’s Rights

    We own the MyOnlineShiksha platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.

    All right, title, and interest in and to the MyOnlineShiksha platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by teachers and students) are and will remain the exclusive property of MyOnlineShiksha and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the India and foreign countries. Nothing gives you a right to use the MyOnlineShiksha name or any of the MyOnlineShiksha trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding MyOnlineShiksha or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

    You may not do any of the following while accessing or using the MyOnlineShiksha platform and Services:

    • Access, tamper with, or use non-public areas of the platform, MyOnlineShiksha computer systems, or the technical delivery systems of MyOnlineShiksha service providers.
    • Disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
    • Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the MyOnlineShiksha platform or Services.
    • Access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
    • in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as MyOnlineShiksha); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

     

    Miscellaneous Legal Terms

    These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

    8.1 Disclaimers

    It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our teachers is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

    We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will MyOnlineShiksha or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

    We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

    8.2 Limitation of Liability

    There are risks inherent into using our Services, for example, if you enrol in a Sport like Cricket, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of Five hundred Indian Rupees (?500) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

    8.3 Indemnification                              

    If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless MyOnlineShiksha, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

    8.4 Governing Law and Jurisdiction

    These Terms are governed by the laws of the State of Maharashtra without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of courts in Nagpur, Maharashtra.

    8.5 Legal Actions and Notices

    No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

    Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to info@myonlineshiksha.com).

    8.6 Relationship between Us

    You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

    8.7 No Assignment

    You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.


    Dispute Resolution

    If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work and you live in India, your options are to bring a claim in binding arbitration first and then to go to court in Nagpur, Maharashtra, INDIA.

    This Dispute Resolution section applies only if you live in India. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.

    9.1 Going to Arbitration

    If we can’t resolve our dispute amicably, you and MyOnlineShiksha agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. Such matters will be decided by the arbitrator appointed by MyOnlineShiksha only and its decision shall be binding upon both you and us.

    9.2 The Arbitration Process

    Any disputes that involve a claim must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the Indian Council of Arbitration (ICA). The arbitration proceedings shall be governed by the ICA Commercial Arbitration Rules.

    Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.

    9.3 Changes

    Notwithstanding the “Updating these Terms” section below, if MyOnlineShiksha changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing MyOnlineShiksha written notice of such rejection by mail or hand delivery to: MyOnlineShiksha, Educron Private Limited,6th floor,Sadoday Complex,Darodkar Square, Nagpur,India or by email from the email address associated with your Account to: info@myonlineshiksha.com, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and MyOnlineShiksha in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.


    Updating These Terms

    From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and MyOnlineShiksha reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

    Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.


    How to Contact Us

    The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.

    Thanks for teaching and learning with us.

    Namaste!