Terms of Service
Last Updated: January 25, 2014
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. BY ACCESSING OR USING OUR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
These Terms of Service (“Terms”) apply to your use of any website, mobile application or other online product or service (collectively, “Services”) of Cognisha Consultancy Pvt Ltd. (“Company,” “we” or “us”).
We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes by posting the amended Terms to our Services and updating the “Last Updated” date at the top of these Terms. All amended Terms will become effective immediately on the date they are posted to our Services unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of our Services after such changes become effective. Your continued use of our Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using our Services.
1. SERVICES DESCRIPTION
Our Services provide a social learning platform that allows registered users interested in studying or learning a particular subject matter or topic (“Students”) to attend courses (“Courses”) that are either (i) taught and conducted by other registered users (“Teachers”) who work on behalf of educational organizations and other course content publishers (“Organizations”), or (ii) provided directly by Company, and not by an Organization. Students and Teachers are collectively referred to as “Users” in these Terms.
are not targeted towards, nor intended for use by, anyone under the age of 13.
If you are between the ages of 13 and 18, or below the age of legal majority
under applicable law, you may only use our Services under the supervision of a
parent or legal guardian who agrees to be bound by these Terms.
3. REGISTRATION AND ACCOUNT
You may have to create an account with Company to access the Services (“Account”). When you create an Account, you agree to: (i) create a strong password that you do not use for any other website or online service; (ii) provide accurate and truthful information; (iii) maintain and promptly update your Account information; (iv) maintain the security of your Account by protecting your password and restricting access to your Account and any social media account linked to your Account; (v) promptly notify Company if you discover or otherwise suspect any security breaches related to your Account; and (vi) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access.
AS A VENUE
Our Services provide a venue for Users to interact with each other directly, such as when conducting or participating in a Course.
You agree that:
(a) Company is not a party to and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other User, or between you and any Organization;
(b) Company has no control over and has no responsibility or liability with respect to the Course Content displayed or made available by Teachers and Organizations via our Services;
(c) Company does not investigate or verify the reputation, conduct, morality or criminal background of any User; and
(d) You will use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
You acknowledge and agree that we have the right, but not the obligation, to monitor or record interactions and communications between you and other Users via our Services. We encourage you to take precautions when interacting with other Users.
6. STUDENT TERMS
requirements of this Section 6 apply only if you are a Student.
6.1. Company Fees. We reserve the right to charge a platform fee to access the Services, or certain features of the Services, and a Course fee for any Courses provided via the Services directly by Company, and not by an Organization. All prices for products and services are shown in U.S. dollars (except where otherwise noted) and taxes are additional. You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. Company reserves the right to collect such taxes or other fees from you at any time.
6.2. Third-Party Course Fees. Organizations are solely responsible for establishing Course fees for any Courses provided by such Organizations (“Third-Party Courses”), and Company has no responsibility or control over any Third-Party Course fees. When you make a payment to attend a Third-Party Course, you enter into a legally binding contract with the applicable Organization offering such Third-Party Course to make such payment in exchange for your ability to attend and participate in the Third-Party Course. We allow you to store payment method information with us, or our designated payment processor, via our Services to expedite your ability to make a payment to an Organization to attend a Third-Party Course. When you make a payment to an Organization for a Third-Party Course, we will facilitate the transfer of your payment method information to the applicable Organization, or its designated payment processor, and the Organization will process such payment directly. You agree to look solely to the applicable Organization to resolve all questions and disputes regarding any payments you make via our Services for any Third-Party Courses. Company is not responsible for resolving any disputes between Students and Organizations.
6.3. Prices; Payments; Taxes. Only valid credit cards and other payment methods acceptable to us may be used to purchase products and services through the Services. You represent and warrant that you are authorized to use the payment method you designate through the Services and authorize Company, or any applicable Organization, to charge that payment method for the purchase amount (including taxes and any other amounts described on the Services). In the event that the payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we or any applicable Organization may suspend or cancel your order automatically. You are responsible for resolving any problem we or any Organization encounters in order to proceed with your order.
7. TEACHER TERMS
The requirements of this Section 7 apply only if you are a Teacher.
7.1 Authority. If you are using our Services on behalf of an Organization, you represent and warrant that you are authorized to accept these Terms on such Organization’s behalf, and that such Organization will be responsible for any violation of these Terms by you.
7.2 Student Information. When Students register to attend a Course that you teach, you may receive personal information about such Students via our Services, including contact information and information about the Students’ performance in the Course (“Student Information”). If you receive any Student Information, you agree to use such information solely to teach and conduct your Course. Unless you receive the prior express written consent of Company, you agree not to: (i) use Student Information to contact any User other than as necessary to teach and conduct the Course; or (ii) share Student Information with any third party. You are fully responsible for any authorized or unauthorized collection, storage, disclosure and use of any Student Information you receive or otherwise have access to via our Services.
8. USER CONTENT AND CONDUCT
The Services include interactive features and areas that allow you to create, post, transmit or store content, messages, text, music, photos, videos, or other items or materials, (collectively, “User Content”), including, without limitation, Course materials, and any questions and answers submitted by Teachers and Students. You are solely responsible for your use of such interactive areas and agree that your use of these areas is at your own risk.
8.1 User Content. You are solely responsible for any User Content that you submit, post or transmit via the Services. You agree not to post, create or otherwise publish through the Services, User Content that we believe, in our sole discretion:
· is inaccurate, unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, national or international law;
· contains nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, or suggestive;
· may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory;
· depicts, promotes the use of, or offers the sale of illicit drugs;
· contains offensive language or images or is otherwise objectionable;
· incites violence or characterizes violence as acceptable, glamorous or desirable;
· may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;
· may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
· makes false or misleading statements, claims or depictions about a person, company, product or service;
· contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code;
· would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise violate any local, state, national or international law; or
· is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Company or our Users to any harm or liability of any type.
Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms. Although Company has no obligation to screen, edit or monitor any of the User Content posted on the Services, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.
8.2 User Conduct. In connection with your use of the Services, you agree to comply with all applicable laws and regulations and will not violate any intellectual property rights or any other rights of any party. You further agree that you will not:
· Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
· Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other Users from the Services for the purpose of sending spam or other commercial messages;
· Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
· Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
· Use or attempt to use another User’s account without authorization from such User and Company;
· Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
· Attempt to indicate in any manner that you are affiliated with us or that we have endorsed you or any products or services for any purpose;
· Engage in any harassing, intimidating, predatory or stalking conduct; and
· Develop any third-party applications that interact with the Services without Company’s prior written consent.
Company is not responsible or liable for the conduct of, or your interactions with, any Users of the Services (whether online or offline), nor is Company responsible or liable for any associated loss, damage, injury or harm.
9. RIGHTS IN USER CONTENT
Except as otherwise provided in these Terms, Company claims no ownership or control over any User Content. However, by submitting or posting User Content on the Services, you grant Company a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Services. If you are a Teacher, Company will obtain your permission before Company uses your User Content for its own commercial purposes, unless you expressly grant these rights to Company at the time you upload your content. By posting User Content to the Services, you represent and warrant that (i) the User Content is non-confidential; and (ii) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Services and to grant the rights to Company that you grant in these Terms.
10. COPYRIGHT AND LIMITED LICENSE
Except with respect to User Content, you agree that the Services and all content and other materials therein, including, without limitation, the Company logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Services Content”) are the proprietary property of Company and are protected by U.S. and international copyright laws. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
Company hereby grants you a limited, non-exclusive license to access and use the Services and electronically copy (except where prohibited without a license) and print hard copy portions of the Services Content for your informational, noncommercial and personal use. Such license is subject to these Terms and you are not permitted to (i) sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Services; (ii) copy, reverse engineer, decompile, disassemble or attempt to discover the source code of our Services; (iii) modify, alter or otherwise make any derivative uses of the Services or the Services Content, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Services; (v) use any data mining, robots or similar data gathering or extraction methods; (vi) download (other than the page caching) any portion of the Services or the Services Content, except as expressly permitted on the Services; and (vii) use the Services or the Services Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
“InPods,” the Company logo and any other Company product or service names, logos or slogans that may appear on the Services are Company’s trademarks in the United States and other countries, and may not be copied, imitated or used, in whole or in part, without InPod’s prior written permission. All other trademarks, registered trademarks, product names and Company names or logos mentioned in the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable rights holder. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You are granted a limited, non-transferable, non-exclusive license to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray Company or any of its offered products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited license may be revoked at any time. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Company or any third party.
13. THIRD-PARTY CONTENT
Company may provide third party content on the Services and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”). Company does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy, quality, nature or completeness. You acknowledge and agree that Company is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. You use such Third-Party Content contained therein at your own risk. Company is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. When you leave our Services, you should be aware that our terms and policies no longer govern, and the policies of those third party sites will apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
You agree that any questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Company and the Services that you provide, whether by email, posting to Services or otherwise (“Feedback”) are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless Company, its parent company (InPods, Inc.) and its affiliated companies (and its and their officers, directors, members, employees, agents and affiliates) (each, a “Company Party”) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to: (i) your use of, or conduct in connection with, our Services; (ii) any User Content or Feedback you provide; (iii) your violation of these Terms; or (iv) your violation of any rights of another. If you are a Teacher, you represent and warrant that the Organization you work on behalf of agrees to be responsible for your obligations under this Section.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE CONTENT CONTAINED IN THE SERVICES, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT COMPANY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY COMPANY OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
17. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES, CONTENT, THIRD-PARTY SERVICES AND/OR THIRD-PARTY CONTENT, HOWEVER CAUSED, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not apply to you.
IN NO EVENT WILL ANY COMPANY PARTY’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF: (I) ANY FEES YOU PAY TO COMPANY FOR ACCESS TO OR USE OF THE SERVICES; OR (II) FIVE HUNDRED DOLLARS ($500).
18. ARBITRATION; GOVERNING LAW
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY because IT REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.
You and Company agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and Company are NOT required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Company agree: (i) to notify each other of any dispute within thirty (30) days of when it arises; (ii) to attempt informal resolution prior to any demand for arbitration; (iii) that any arbitration will occur in Seattle, Washington; and (iv) that arbitration will be administered by JAMS (or its successor) pursuant to its Rules and Procedures. You and Company also agree that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Company will not commence against the other a class action, class arbitration or other representative action or proceeding.
Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, Company reserves the right, without notice and in its sole discretion, to terminate your right to use the Services, or any portion of the Services, and to block or prevent your future access to and use of the Services or any portion of the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You may not assign any of your rights or obligations under these Terms without prior written consent from Company. Company may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
22. FORCE MAJEURE
Company is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Any waiver or failure to enforce any provision of the Terms on occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
24. ENTIRE AGREEMENT
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Sections 15 (Indemnification), 16 (Disclaimers), 17 (Limitation on Liability), 18 (Arbitration; Governing Law), and this Section 25 shall survive any termination of these Terms.
26. CONTACT US
If you have any questions or concerns regarding these Terms or our Services, please contact us at email@example.com.