E-Shikshaa Terms of Service

This agreement specifies the terms or conditions under which you are permitted to freely use E-Shikshaa to serve your educational needs and interests. The agreement obligates you to observe rules of acceptable conduct in the use of its service and to indemnify and otherwise hold E-Shikshaa harmless for any damaging or harmful circumstance resulting from that use. The 15 conditions specified herein are referred to as the E-Shikshaa Terms of Service .The services you are permitted to use under these conditions or terms are those currently available through E-shikshaa.com. You are free to use them to serve your educational needs and interests, provided you agree to the following terms.

Condition 1: General Terms of Service
This agreement governs your use of the E-Shikshaa, and all of its services provided directly and/or indirectly to you. E-Shikshaa reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon publishing on our service. Your continued use of E-Shikshaa services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by E-Shikshaa as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease using any service provided by E-Shikshaa or its affiliates.

Condition 2: Your Obligation to Provide Accurate Registration Data.
Under the terms of this agreement, you agree to provide accurate, current and complete information about yourself, as requested by the registration form, and to maintain and update that information as requested. You understand that if your registration information is untrue, inaccurate, not current, or incomplete or if E-Shikshaa has grounds for suspecting that the information is untrue, inaccurate, not current, or incomplete that E-Shikshaa has the right to suspend or terminate your account, and to deny you access to any or all of its services. You understand that all registration information is subject to our Privacy Policy (please see Privacy Policy in separate section).

Condition 3: Your Obligation to Maintain Your Account, Password, and Security.
Under the terms of this agreement, you are responsible for creating a password and account designation when registering for E-Shikshaa services. It is your sole responsibility to maintain the security and confidentiality of your password, account, and all activities occurring therein. Should that confidentiality or security be breached in any way, you are obligated to notify E-Shikshaa immediately. You understand further that under no circumstances is E-Shikshaa liable for any damage or loss resulting from your failure to comply with this obligation to maintain confidentiality and security.

Condition 4: Your Responsibility for Content, Conduct, and Risk.
Content Responsibility. The Content you obtain from use of E-Shikshaa services (including but not limited to publicly posted or privately transmitted items, data, graphics, information, messages, music, photographs, software, sound, text, video or other materials) is the sole responsibility of the person and organization providing it and hence cannot be used by you without their permission. Consequently, you, not E-Shikshaa are not fully responsibility for all Content uploaded, copied or printed through E-Shikshaa, Moreover, E-Shikshaa does not guarantee nor is it liable in any way for the accuracy, integrity or quality of Content provided by its services. This indemnity includes but is not limited to, errors or omissions of Content, or for any loss or damage of any kind incurred as a result of the use of Content that is uploaded, copied, printed, or used in any way via E-Shikshaa services.
Appropriate Conduct. You are expressly forbidden from using E-Shikshaa services in any way that is inappropriate, unethical, harmful or damaging. This includes using E-Shikshaa to upload, copy, print, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. You are expressly forbidden from engaging in any activity that is harmful to minors. You are expressly forbidden from collecting or storing personal data about other E-Shikshaa users. You are expressly forbidden from impersonating any person or entity, including, but not limited to an agent from E-Shikshaa, or falsely stating or otherwise misrepresenting your affiliation with a person or entity. You are expressly forbidden from forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through E-Shikshaa. You are expressly forbidden from uploading, copying, printing, or otherwise transmitting any Content that you do not have a right to transmit under any law or under a contractual or fiduciary relationship. This includes the transfer or transmission of inside information, proprietary or confidential information acquired through employment relationships or under nondisclosure agreements. You are expressly forbidden from uploading, copying, printing, or otherwise transmitting or transferring any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party whatsoever. You are expressly forbidden from interfering with or disrupting E-Shikshaa services or networks connected to its services, or disobeying any requirements, procedures, policies or regulations of networks connected to its services. You are expressly forbidden from intentionally or unintentionally violating any applicable local, state, national or international law, including but not limited to regulations of the India Securities and Exchange Commission, of any national or other securities exchange, including, without limitation, the Bombay Stock Exchange Limited., the National Stock Exchange of India Limited or the NASDAQ, or any regulations having the force of law.
Given these prohibitions but not constrained by them, E-Shikshaa and its agents have the right, but not the obligation, to refuse or to remove any Content that is available on its services. E-Shikshaa and its agents have the right to remove any Content that violates the terms of service stipulated in this agreement or that is otherwise objectionable in any way. These rights notwithstanding, it is your sole responsibility to determine the accuracy, completeness, or usefulness of the Content and to assume the risks of using the Content based on that determination.
Assumption of Risk. Your full and complete responsibility for use of services provided by E-Shikshaa, ludes any and all risk associated with those services. All services provided are "as is" and "as available." This means that E-Shikshaa expressly disclaims all warranties of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for particular uses or purposes and non-infringement. This also means that any material you download or otherwise obtain through use of the services is available to you at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download or any such material. E-Shikshaa makes no assurance, guarantee, or warranty that its services will meet your requirements, that they will be uninterrupted, timely, secure, or error-free, that the results you obtain from using the services will be accurate or reliable, that the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, or that any errors in the software will be corrected.

Condition 5: Your Acknowledgement of E-Shikshaa, Inc.'s Limitations of Liability
Under the terms of this agreement, you expressly acknowledge, accept, and agree that E-Shikshaa shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, 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 the services; the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services; the unauthorized access to or alteration of your transmissions of data, statements or conduct of any third party on the services; or, any other matter relating to the services.
Under the terms of this agreement, you expressly acknowledge, accept, and agree that E-Shikshaa shall not be liable for any of the aforementioned damages you might experience through use of its services even if E-Shikshaa has been advised of the possibility of such damages.

Condition 6: Your Acknowledgement of E-Shikshaa, Inc.'s Proprietary Rights
Under the terms of this agreement, you expressly acknowledge, accept, and agree that any software used in connection with the services provided by E-Shikshaa contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You expressly acknowledge, accept, and agree that the Content contained in sponsor advertisements or information presented to you through the services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You also expressly acknowledge, accept, and agree that unless expressly authorized by E-Shikshaa or advertisers not to modify, rent, lease, loan, sell, distribute, or create derivative works based on those aforementioned services or software in how or in any part thereof.

Condition 7: Your Compliance with all Local, National, and International Rules of Content and Online Conduct
Under the terms of this agreement, you agree to comply with all local, regional, national, and international rules and policies regarding acceptable Content and online conduct. Under the terms of this agreement, you agree to comply with all laws applicable to or regarding the transmission of technical data exported from your country of residence.

Condition 8: Your Acknowledgement of Brio Infotech Pvt Ltd., Trademark Information
Under the terms of this agreement, you agree to refrain from displaying or using in any manner or form trademarks of E-ShikshaaT without prior written permission from E-ShikshaaT.
*** This trademarks is applied

Condition 9: Your Obligation to Report Violations of This Agreement to E-Shikshaa,
Under the terms of this agreement, you agree to report to our Customer Services Department any violations of the aforementioned conditions that must be met in order for you to have free use of the services of E-Shikshaa,

Condition 10: Online Course Length
If you register, enroll, audit or in any way "participate" in any E-Shikshaa online courses, you agree that the length of time of your enrollment is limited, and that if you fail to complete a E-Shikshaa course within the specified amount of time allowed or stated by E-Shikshaa(usually 6 months unless otherwise specified), you agree to the following: 1. There are no refunds or service credit/vouchers after your enrollment period has ended, or after 6 months, whichever is less. 2. There are no refunds on any portion of the Course Fee or Pre-Paid Discount Certificate Option if you fail to complete the course within the time allowed, or after 6 months, whichever is less. Extensions may be granted in some extenuating circumstances, should the course continue to operate after enrollment expiration. Extensions may incur additional charges. However, no extension can exceed the maximum allowed time to complete a E-Shikshaa course (1 year / 365 days).

Condition 11: Appropriate Instructor Behavior and Conditions of Acceptance of Payment
Under the terms of this agreement, if you use our service as an instructor to promote your online class, you agree to only be paid for your services through E-Shikshaa, Inc. This means that you agree not to accept payment through any other means of funds (by direct check, donation, credit card, or other online or offline services [such as "PayPal"]) from individuals participating or potentially participating in your online class(es) that bypasses the E-Shikshaa system in whole or in part. You agree to promote only your course material that is available directly to students through the Virtual Classroom setup by E-Shikshaa,. You agree not to require students to purchase any items (whether a product or service) that would personally benefit you directly other than the cost of the course (if any) handled by E-Shikshaa,. Any instructors teaching on E-Shikshaa who do not abide by this term are subject to immediate suspension and removal from the service.

Condition 12: Instructor Response Time, Conduct, and Duties
All instructors teaching on or through E-Shikshaa must adhere to the standards outlined by the E-Shikshaa Course Review Committee. Failure to follow the standards outlined by Course Review, or failure to communicate in a timely fashion with students, or failure to communicate with E-Shikshaa staff in a timely fashion, may result in termination and forfeiture of any past or current earnings. For example, not communicating with students for more than 3 business days without contacting E-Shikshaa personnel may be grounds for termination. Any past or future payments to instructors may be garnished or refunded without penalty or liability to E-Shikshaa, in order to ensure full and acceptable delivery of instruction to students.

Condition 13: Termination of Service
E-Shikshaa reserves the right (and sole discretion), to stop, cease, terminate, restrict, suspend or remove your specific access to any or all parts of any (or all) services provided by E-Shikshaa, including (but not restricted to) online courses, interactive features, course request processing, promotion of any/all classes, award/certificate processing, or any general use of our service at any time for any reason without prior notice or liability. E-Shikshaa may modify, suspend or discontinue all or any part of our service at any time, including the availability of any content (electronic, data or otherwise), feature, database, awards, courses, certificates, logs, or anything else that we retain, use, or publish as part of our service at any time, without prior notice or liability.

Condition 14: resolution of disputes by binding arbitration
read this section carefully. this section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of by a judge, jury, or class action lawsuit.

14-1.Mandatory Binding Arbitration
All disputes arising out of or related to this Agreement or our Service in general (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any Service, advertising or otherwise having a connection to this Agreement. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Resolution of Disputes by Binding Arbitration Section is determined to be unenforceable, then the remainder shall be given full force and effect.
The arbitration of any dispute shall be conducted in accordance with the Indian Council of Arbitration (ICA ) Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the ICA. To the extent that such procedures differ from this Agreement, this Agreement shall govern to the fullest extent permitted by law. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND E-SHIKSHAA BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. In the event that a dispute arises out of this Agreement, the prevailing party shall be entitled to its reasonable expenses, including attorney's fees, regardless of whether in house or outside counsel is employed.

14-2. Arbitration Information and Filing Procedure
Before you take a dispute to arbitration or to small claims court, you must first write to us at E-Shikshaa, Brindavan Sampurna, 16/31 & 16/31/1 , Mezzanine floor, Bull temple road , Basavanagudi, Bangalore- 560 004, India , and give us an opportunity to resolve the dispute. Similarly, before E-Shikshaa takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within ninety (90) days from the date you or E-Shikshaa is notified by the other of a dispute, then either party may contact the ICA and request arbitration of the dispute. Information about the arbitration process and the ICS'S Arbitration Rules and its fees are available on the Internet at www.aprag.org. The arbitration will be based only on written submissions of the parties and the documents submitted to the ICA relating to the dispute, unless either party requests that the arbitration be conducted using the ICA'S telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location the ICA selects in India . Arbitrations under this Agreement shall be confidential as permitted by federal law.

14-3. Time for Filing Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed with the ICA within one year after such claim or cause of action arose or be forever barred.

Condition 15: Disclaimer of Warranties.
Neither E-Shikshaa nor any provider of any third party content (including any of our students or online instructors or their respective courses) or their respective agents warrants that any service provided by E-Shikshaa(whole or in part) will be uninterrupted or error free. E-Shikshaa (and all third party content) make no warranties as to the results obtained by using any part of our service including use of any of our online courses. Everything offered by E-Shikshaa is provided "As Is" with no guarantee of availability or quality. E-Shikshaa and all third party vendors (and their respective agents) do not make any warranties of any kind, either express or implied.