TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE AND/OR PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS AND PRIVACY POLICY.
Genex Learning Systems (“Company “, “We” or “Us” and their connotations) operates a website (URL: https://www.3ieducation.com/) (together called as “Platform”) which is engaged in the service of online tutoring of subjects science, mathematics to children.
These terms and conditions (“Terms”) describe the terms on which the Company grants end users access to the Platform (hereinafter referred to as “Services”) and shall be read with the privacy policy available on website. Anyone below 18 years of age is assumed to be a child (“Child”) and requires parental consent to use the Platform. The parents of the Child or users above 18 years of age are hereinafter referred to as “You”. The term “Users” for the purposes of these Terms shall be read as You and/ or Child.
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Platform or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services or availing any promotional offer, you may be subject to additional terms and conditions, posted guidelines or rules, as may be applicable to such services and offers. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.
- TERMS OF SERVICE
By choosing to visit the website and/or avail any Services provided by Company, you agree to be bound by these Terms. Please read the following information carefully. If you are a parent or guardian and you provide your consent for your child's use of the Platform, you agree to be bound by these Terms in respect to their use of the Platform. By your continued access or use of the Platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and stop accessing the Services.
- DESCRIPTION OF SERVICES
The Company facilitates online/offline math and science education services to children. 3I EDUCATION is engaged in the business of (i) developing, designing, distributing and delivering curriculum or content, pertaining to the learning in Science, Mathematics, immersive STEM experiences and aligned Subject(s) that is relevant to students from kindergarten to 12, in the Indian or International educational scenarios; and (ii) providing teacher services to complement Science, Mathematics, immersive STEM experiences and aligned Subject(s), in the Indian or International markets (“Business”).
- USE OF THE ACCOUNT CREATED/REGISTERED ON THE WEBSITE
In order to access the Company’s website and its services, you may have to create an account and disclose information including, but not limited to, (i) name, e-mail ID, photograph, location and other contact information (ii) gender and other demographics (iii) birth date and year to validate the current age of the Child (iv) your email address to acquire the parental consent. You must be at least 18 years old to register on the Platform. If you are under 18 years old, you are not permitted to register on this site unless such registration is completed by a parent or legal guardian. You acknowledge that your user ID and password (“Participant Account “) is for your exclusive use only. Use or sharing of your Participant Account with another user or person is not permitted and is cause for immediate blocking of your access to the Platform, the Services and the content provided by the Company and shall lead to termination of this Agreement without any notice.
You are solely responsible for maintaining the confidentiality of your Participant Account and for all activities that occur under it. You agree to immediately notify to the Company if you become aware of or have reason to believe that there is any unauthorized use of your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with the Company in any investigation of such unauthorized uses. The Company shall not under any circumstances be held liable for any claims related to the use or misuse of your Participant Account due to the activities of any third party outside of your control or due to your failure to maintain the confidentiality and security of your Participant Account.
Policy for NDNC
By using the Website and/or registering yourself at https://www.3iEducation.com/, you authorize us to contact you via email or phone call or sms and offer you our services, imparting product knowledge, offer promotional offers running on website & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And irrespective of the fact that you might have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from 3iEducation for the above-mentioned purposes till 365 days of your registration with us. This Privacy Policy covers 3iEducation’s treatment of personally identifiable information that 3iEducation collects when you are on the 3iEducation site, and when you use 3iEducation’s services. This policy also covers 3iEducation’s treatment of personally identifiable information that 3iEducation’s business partner shares with 3iEducation. This policy does not apply to the certain 3iEducation services, when you visit 3iEducation pages, and when you enter promotions. 3iEducation may also receive personally identifiable information from our business partners. When you register with 3iEducation, we ask for your full name, contact no and email. Once you register with 3iEducation and sign into our services, you are not anonymous to us. Also, during registration, you may be requested to register your mobile phone and email id, pager, or other device to receive text messages, and other services to your wireless device. By registration you authorize us to send sms/email alerts to you for your login/otp details and any other service requirements or some advertising messages/emails from us.
- The Website allows the Company to have access to registered Users’ personal email or phone number, for communication purposes.
- The Company shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company.
- The User is responsible for maintaining the confidentiality of the User’s account access information and password if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify the Company of any actual or suspected unauthorized use of the User’s account or password. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.
- If a User provides any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to discontinue the right of the User to use the 3iEducation Learning Program at its sole discretion.
- The Company may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
- TRIAL CLASSES
We offer One (1) free trial class to our new members so that you get an opportunity to experience the services provided by us. Only one (1) free trial class is permitted per new student. Multiple availment of trial classes by an individual either through his/her own account or through someone else's accounts, email IDs and/or in any other manner whatsoever, without the prior written permission of the Company is not allowed and shall amount to a breach of the present Terms.
Any free trial class provided by the Company shall also be governed by these Terms.
- MODULES AND CURRICULUM
The Company will have its sets of modules according to which the Child is expected to complete his/her levels. The Company has tutors who will be assisting the Child with their modules.
The Company shall also grant you access to its material, content, curriculum, documents and other information and data (“Curriculum”) which may be in video, audio, written, graphic, recorded, photographic, or any other format in relation to the modules for which you have registered for. The Company reserves the right to amend, revise or update the Curriculum at any time.
- LICENSE TO USE
The Company hereby grants You and the Child, the limited, non-transferable, non-exclusive, and revocable license to access, view and use the Platform only for the purposes of accessing, viewing, posting or submitting user material, using the embedded link function, placing store orders or for accessing information, applications and services. The Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Platform. This license is limited to personal and non-commercial uses by You and your Child. Any rights not expressly granted to You herein are reserved to Company.
You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Curriculum, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the limited purpose mentioned above, without the Company’s prior written consent.
- INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the Company is the sole and exclusive owner of the Platform, the services provided by the Company, the curriculum, and its content and as such the Company is vested with all the Intellectual Property Rights and other proprietary rights in the Platform, the Services, content and the curriculum.
The Company may from time-to-time upload videos, audios/ sound recordings, content and other materials on the website which shall be the exclusive property of the Company. You undertake not reproduce, transmit, retransmit, distribute, publish, post, share or make available the said videos, audios/ sound recordings, content and other materials or any part thereof which are available on the Platform in any manner whatsoever.
Additionally, the Company also retains all rights (including copyrights, trademarks, patents, designs, logos, trade-dress, trade-secrets, know-how as well as any other intellectual property right) in relation to all information provided on or via this Platform, including but not limited to all texts, graphics, photos, illustrations, apps and logos. You shall not copy, download, publish, distribute or reproduce any of the information contained on this Platform or social media in any form without the prior written consent of the Company.
The Company retains all the rights in the video recordings, sound/audio recordings, images, photos, pictures/ images clicked during the classes, lectures delivered by the Company’s tutors, text and other material posted on the Platform and shall be the sole owner of the same. You undertake that you shall not record, make videos or sound/ audio recordings, take screen shots, click pictures and shall not download, publish, transmit, display, reproduce, transmit, distribute, post, share or make copies of any of the classes/ lectures that are conducted by the Company (including the trial classes), video recordings, sound/audio recordings, images, photos, pictures/ images, text or other material, whether in full or in part, unless you obtain prior written approval from the Company. Any recordings, videos, sound/audio recordings, screen shots, pictures, images, material or content which is obtained in any manner without the prior written consent of the Company shall amount to breach of the instant terms and conditions and you shall be solely liable for the said breach under the applicable laws. All other rights are reserved.
- APPLICABILITY
- This Terms of Use applies to you whether you are:
- A Teacher who has been associated with us or seeks to be associated with us as a teacher for teaching to the student(s) (“Teachers”, “You” or “User”); or
- A student or a parent or a legal guardian, using our website (“You”, or “User”); or
- Any person using 3iEducation Learning Program (“You”, or “User”); or
- Otherwise, a user of the Website (“you” or “User”).
- This Terms of Use applies to your visit to and your use of the Website, as well as to all information provided by you on the Website at any given point in time.
- USE OF THE PLATFORM BY THE CHILD
You expressly acknowledge and undertake that:
- You are competent and have all the necessary legal rights to enter into this agreement on behalf of the child.
- You grant your consent to the Company for your child to attend and participate in the classes, courses, tests, sessions and/or any other program conducted and/or organized by the Company on its Platform and in relation to the services provided by the Company. You undertake that the participation of the Child and all the activities done by the Child will be under your direct and constant supervision. You further accept full and complete liability arising out of the child’s acts, whether direct or indirect.
- TEACHER’s RELATED
- 10.1 Eligibility Criteria to become a teacher
- 10.1.1 You are not eligible to register as a teacher if you are a minor in accordance to the applicable law. By registering yourself as Teacher you represent that you are of legal age to form a binding contract under the applicable law.
- 10.1.2 You should be a graduate with Mathematics or Science discipline.
- 10.1.3 You should be willing to conduct the sessions/classes at home or at designated premises or digitally.
- 10.1.4 You have to provide certain information required on the Website. You shall ensure that the information provided by You in the Website's registration form is complete, accurate and up to date.
- 10.1.5 Every teacher is certified to teach in the relevant markets (whether Indian or International) on completion and continued attainment of specified goals for students.
- 10.1.6 You will not be considered as an employee of the Company at any stage while you are registered as Teacher.
- Facilitation for your registration by the Company
The Company shall allow and facilitate your registering as Teacher, only if You have provided to the Company certain information required, on the Website or otherwise, as may be stipulated from time to time. After the completion of the registration on the Website or otherwise by you and post evaluating and analysing your information, the representatives of the Company will contact You.
- 10.3 Obligations of the Teacher
- 10.3.1 You shall establish and maintain such facilities and such appropriate, attractive, accessible premises, if applicable, for running the 3iEducation Learning Program.
- 10.3.2 You shall always perform your obligations in professional, ethical, legal and socially responsible manner and shall not involve yourself in any act involving moral turpitude or any act which may give rise to anti-national feelings or discrimination based on caste, creed, sex or religion or involve in any act which may cause mental or physical injury to any of the students.
- 10.3.3 You undertake the responsibility of conducting interactive sessions with students and their parents/ guardians with the aim to facilitate an understanding of 3iEducation Learning Program and address all academic and non-academic queries / issues raised by the concerned person attending such interactive session to their satisfaction.
- 10.3.4 You shall not have any claim, whatsoever, on the content relevant to run the program, including worksheets, softwares and any other learning material including the logo and brand name of the Company (“Content”) and shall not acquire any right, title or interest in or to the Intellectual Property.
- 10.3.5 ou shall also endeavour to protect the confidential information and goodwill of the Company
- 10.3.6 You agree to fully indemnify genex learning systems, its directors, its employees, its officers from any claim, damage, loss, decree, order, judgment, expense, liability or financial obligation of any nature whatsoever arising out of your negligence, default, action, omission, breach of any applicable laws and any illegal conduct.
- 10.3.7 A teacher shall endeavour to support the Company in the marketing and promotion of the 3iEducation Learning Program, Suo moto or as desired by the Company for which You and Company may agree to certain incentives.
- 10.3.8 The teacher is responsible for organizing a Parents Teacher Meetings (PTM) on a regular basis as specified by 3iEducation.
- 10.4. Holidays and Pause Policy
- 10.4.1. 3iEducation does not observe any holidays in the academic calendar year.
- 10.4.2. In case of any class missed on a holiday, can be compensated by the teacher at a convenient time in accordance with the student’s convenience.
- 10.4.3. Compensatory classes are to be completed in the given tenure of the student.
- 10.4.4. Teachers will get 4 weeks of pause in a year which they can exercise with prior information to the 3iEducation team and parents.
- 10.4.5. With every pause, the tenure of every student is extended by the same duration.
- 10.4.6. Maximum no of pause units which can be used by a Teacher at one time is one weeks.
- 10.5. Student Transfer Policy
- 10.5.1. Upon request or due to continued unavailability of teacher or lack of adequate quality of class, or at sole discretion of the 3iEducation, the student may be transferred to another teacher.
- 10.5.2. Such a transfer will be with prior consultation with the parents/ guardians of student. Such transfers will be initiated and processed by 3iEducation at its sole discretion.
- 10.5.3. In case of the student transfer, the number of classes of the student remains as it is, depending on the tenure of the subscription.
- 10.5.4 Student fee per class for the transferred student will be as per the class structure: 1:1 or 1: many.
- 10.6. Demo Allocation/Conversion Policy
- 10.6.1. Student demo assignment will be as per the sole discretion of 3iEducation and no fees or charges shall be paid for the same.
- 10.6.2. Demo can be assigned to any teacher, from time to time, depending on the availability of their slot, historical demo conversion, compliance, retention, and such applications.
- 10.6.3. 3iEducation team will be responsible for all follow-ups after the demo is done. A teacher under no circumstance should contact the parent/ guardian for a follow up, until and unless so communicated or requested by the 3iEducation team.
- 10.6.4. In case of a successful demo conversion every attempt will be made to assign the student to the teacher who conducted the demo. If however, for reasons such as unavailability of preferred slots, disciplinary issues, lack of satisfactory class performance, 3iEducation may reassign the student to another teacher at its sole discretion.
- 10.6.5. Last demo taken before payment, will be considered as the successful demo.
- PARENTs/STUDENTs ENROLLED/SEEKING TO ENROL RELATED
- 11.1. Information to the Parent
- 11.1.1. The Company may make available the facility of enrolling Your child/children for 3iEducation Learning Program after You have provided the Company information as required by way of a written / online application submitted to the Company (the “Information”).
- 11.1.2. You shall ensure that the Information provided by You in the Website's registration form or otherwise is complete, accurate and up to date.
- 11.1.3. If You provide any Information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse or cancel the enrolment of Your child.
- 11.2. Obligations of the Parent
- 11.2.1. The fee is payable in advance for the program duration.
- 11.2.2. You shall pay the tenure fees, as prescribed, in the designated account mentioned on the invoice. If You default in payment of the fees for a successive period of seven (7) days, the enrolment of the student shall stand cancelled and You/Your child will not be entitled to receive the benefit(s) under the 3iEducation Learning Program.
- 11.2.3. You shall be responsible for the conveyance of the Your child/children to and from the premises used for teaching by Teacher to your own premises and vice versa, if applicable. The Teacher or the Company shall not hold any responsibility, whatsoever, with respect to such conveyance to and from the premises, in cases, where applicable.
- 11.2.4. You shall not have any claim, whatsoever, on the Content provided by the Company and shall not acquire any right, title, or interest in or to the Content.
- 11.2.5. Where a parent/ student is discontinuing with 3iEducation Learning Program, access to the account, app etc. shall be suspended.
- 11.3.1. A class is defined as NO SHOW if the student has not joined the class within 15 minutes of the scheduled start time, the class may be cancelled, without any compensatory class and will be treated as a missed class, fully chargeable.
- 11.3.2. NO SHOWs are not entitled to a compensatory class. However, with a prior written notice of 12 hours communicated to 3iEducation, 3iEducation will help you reschedule the class.
- 11.3.3. For quality purposes, 3iEducation will maintain a digital record of the class which will be property of 3iEducation always and 3iEducation reserve the right to analysis the recorded data for such purpose as may be deemed suitable for enhancement of the course, quality of teaching, class experience etc.
- 11.3.4. Depending on the tuition fee and the tenure, the student is entitled to get a maximum number of classes within the stipulated period.
- 11.3.5. For NO SHOW due to technical issues, 3iEducation will arrange for compensatory classes if the student/guardian has reached out to the teacher/ 3iEducation’s help desk at least 3 hours before the scheduled classes. In case technical issues are experienced during or before the class hours, 3iEducation will arrange for compensatory classes, if the reported issue is found true and is validated by 3iEducation team.
- 11.4. Holidays and Pause Policy
- 11.4.1. In the 3iEducation system, no holidays are defined and as such no holiday can be availed by the student. However, In the complete tenure/subscription, the student will have certain pause units which can be availed.
- 11.4.2. 3iEducation does not observe any holidays in the academic calendar.
- 11.4.3. In case of a scheduled Holiday, the parent will need to avail pause unit and follow the policy applicable on rescheduling of any class.
- 11.4.4. Students will get 4 weeks of pause in a year (pro rata on tenure) for bookings greater than 6 months tenure. Parents must write to the 3iEducation team to avail the applicable pause at least 1 week before the commencement of the pause.
- 11.4.5. With every pause, the tenure of every student is extended by the same duration.
- 11.4.6. Maximum no of pause units which can be used at one time is Two weeks.
- 11.5. Student Transfer/ Teacher Change Policy
- 11.5.1. A student transfer can happen under various circumstances such as unavailability of preferred time slots, request for change of teacher, discontinuation of classes from a teacher, teacher pause, etc.
- 11.5.2. 3iEducation on its sole discretion can transfer the student, with prior consultation from the student’s parent/guardian.
- 3IEDUCATION’s RIGHT AND OBLIGATIONS
- 12.1.1. The Company reserves the right to refuse Teacher to the new registrants without providing any reasons.
- 12.1.2. Any information provided by you is found to be untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company reserves the right to not register/ associate you as a teacher or suspend/ terminate your association with 3iEducation as a teacher, as the case may be.
- 12.1.3. The Company shall provide content, branding as well as the learning material to the Teacher(s). Company reserves it right to charge for such services from teacher(s).
- 12.1.4. The Company shall provide You with an online teacher student interface through which You can upload student performances and other parameters required for assessing students. You will be responsible for maintaining the confidentiality of the account information required to login to the interface and are fully responsible for all activities that occur under account. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions, or otherwise.
- 12.1.5. The Company shall conduct regular training and interaction sessions with Teacher(s) for quality control.
- 12.1.6. All class logs will be evaluated, and teachers will be given feedback. 3iEducation reserves the right to transfer students to other teachers in case of poor-quality metrics, disciplinary issues and any such factor which may impede in the attainment of successful learning outcomes of the student.
- 12.1.7. Any commercial arrangement between the teacher and the parents/ guardians of the student outside of the parameters of the 3iEducation agreement shall be viewed as a serious and material breach of the agreement inviting legal action and termination, apart from teacher being liable for compensation and penalties payable to 3iEducation.
- 12.1.8. To continuously improve the quality, 3iEducation shall require teachers to achieve proficiency badges or certifications for continued teaching privileges.
- 12.2.1. The Company shall provide the necessary support to the Teacher(s)s to enable an enriching experience for the students enrolled in the 3iEducation Learning Program.
- 12.2.2. Subject to any instance of misconduct or misdemeanour by the Teacher against You or Your child/children shall be reported to the Company and the Company shall take reasonable efforts to immediately suspend the association of the Teacher with the Company depending on the veracity of the complaint filed against the Teacher(s).
- THIRD PARTY SERVICES
You acknowledge that the Services provided by the Company uses and/or contains certain software’s, products and services which are developed and owned by third parties, the use of which is governed by terms and conditions of such third parties. Please read the User Agreement and Privacy Policy for these sites separately before using the said third party websites. By accessing the said third party websites, you agree to be bound by the respective user agreement and privacy policy of these third parties. Accordingly, you agree that the Company will not be responsible for such Third-Party software, products and services nor for any error, malfunction or defect in the Service resulted therefrom.”
- THIRD PARTY PERMISSION
The Company has subscribed to various third-party service providers and you agree and acknowledge that, while accepting these terms, you explicitly grant permission to these service providers to use your information. In the event of any dispute between the third party and you the company shall not be held liable in any matter whatsoever.
- USER CONTENT
Your use of our products, Website, Application and Services is solely for Your personal and non-commercial use. Any use of the Application, Website, Services or products or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Application, Website, products and / or our Services shall be subjected to the following restrictions:
You may not decompile, reverse engineer, or disassemble the contents of the Application and / or our Website and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and / or our Website and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or and / or our Website and/or Services/products.
You will not (a) use this Application and / or our Website and/or any of our product/s or Service/s for commercial purposes of any kind, or (b) advertise or sell the Application or any products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Application and / or Website/our products and Services in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company.
No User shall be permitted to perform any of the following prohibited activities while availing our Services:
- Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
- Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- Interfering with any other person’s use or enjoyment of the Website/Services;
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
- Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
- Access or use the Website/Services/products in any manner that could damage, disable, overburden or impair any of the Application’s/Website’s servers or the networks connected to any of the servers on which the Website is hosted;
- Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Website/Services/products, or engage in any activity prohibited by these Terms;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website/Services/products or any affiliated or linked sites;
- Interfere with, or inhibit any user from using and enjoying access to the Website/ Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Website/Services/products;
- Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website/Services/products, to access, acquire, copy or monitor any portion of the Application /Website/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website/Services/products;
- Alter or modify any part of the Services;
- Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
- Violate any of the terms specified under the Terms for the use of the Application /Website/Services/products.
- USER COMMUNICATION
You hereby explicitly consent to receive email, telephone, WhatsApp or text messages from 3iEducation, for the purpose of providing alerts and information related to services. Reply 'STOP' on the same number to stop receiving any further SMS.
- RULE OF CONDUCT
Users must comply with the laws that apply to You in the location that You access Company’s Services from. If any laws applicable to You restrict or prohibit You from using Services of Company, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of Company. You promise that all the information You provide to Company on accessing and/or using the Services of Company is and shall remain true, accurate and complete at all times.
Notwithstanding any other provision of these Terms, you agree and undertake not to:
- Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
- Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
- Create software which mimics any data or functionality in the Service;
- Use or deal in the Service except as permitted by these Terms;
- Include contact details intended to enable communication outside of the Service, in any Communication;
- Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
- Make any public, business or commercial use of the Service or any part of them;
- Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without prior written permission of Company;
- Make the Service or any part of it available to any third party (please note this does not stop you from fairly and honestly providing links to the Platform, or showing either to other people);
- Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or
- Delete or obscure any copyright or other proprietary notice on the Service.
The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users, and You expressly consent to Company’s monitoring your computer's random-access memory for the purpose of identifying said unauthorized third-party programs.
- LIMITED LIABILITY
In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto (including the Content), even if such Protected Entity has been advised of the possibility of such damages.
Company ensures that the information and the training facilitated by the tutors on the Platform is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information and coaching given by the tutors on the Platform.
You agree and understand that Company does not states or claims any warranty for the quality of lectures delivered by the tutors listed on our Platform.
The Company undertakes the scrutiny of the curriculum delivered by the tutors however, the Company does always not guarantee the quality of lessons delivered to the Child. At any instance of live interactive classes, if the tutor uses any sexual or abusive language or depicts any forced sexual acts, or pornographic images or does any unethical, unlawful or immoral act, then in such cases, please immediately inform the Company at the contact provided. The Company will make all efforts to take any and all necessary actions as per the applicable law. However, the Company explicitly disclaims any liability or responsibility in the event of such a circumstance.
Company will not be held responsible for any unethical, illegal acts performed by the Child on the advice of tutor and it shall be the your responsibility to closely monitor the activities of your Child while accessing the Platform.
In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the Platform or any content provided on or through the Platform.
The Company facilitates educational and informational on an "as is" basis and is liable only to provide its services with reasonable skill and care.
The Company's liability for any and all claims in the aggregate, arising out of or related to your use of the Platform, shall not under any circumstances exceed the amounts actually paid by You to the Company for its Services.
External Sites have not been verified or reviewed by Company and all use and access of External Sites is made at your own risk. “External Sites “means third party websites and online services to which the Service links. The Company gives no other warranty in connection with the Service and to the maximum extent permitted by law, Company excludes liability for:
- any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Company have been made aware of;
- the accuracy, currency or validity of information and material contained within any communications or the Service;
- any interruptions to or delays in updating the Service;
- any incorrect or inaccurate information on the Service;
- the infringement by any person of any copyright or other intellectual property rights of any third party through any communication or use of the Service;
- the availability, quality, content or nature of External Sites;
- any transaction involving External Sites;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Service, or any Communication (save that, where digital content supplied to You by Company or on behalf of Company through the Service causes damage to your digital content or devices You may be entitled to compensation or repair or replacement, in which case kindly inform to Company); and
- all representations, warranties, conditions and other terms and conditions which but for this notice would have an effect
The Company does not warrant that the operation of the Service will be uninterrupted or error-free. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of Company including Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
You agree that in relation to your use of the Service You will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call Company or the Service into disrepute. You agree that You are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.
No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. Users will be informed of any amendments to the general Terms via the Platform or via notice by email or in writing.
- TERMINATION
Without limiting any other rights that Company may have, Company may remove, restrict, cancel or suspend access to and/or use of the Platform, Services provided by the Company and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms.
You may also terminate your agreement with the Company by ceasing to access the Platform, Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.
- INDEMNITY
- You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from
- your access to or use of the Website in any fraudulent manner;
- your enrolment or attending of any course or any loss, damage, injury etc arising thereto to any person or otherwise;
- violation of Terms of Use or Company Policies;
- infringement, or infringement by any other user of your account with the Company; and
- infringement of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- MODIFICATION
- The Company may, at any time and without having to serve any prior notice to you, upgrade, update, change, modify, or improve the Website or 3iEducation Learning Program or any part thereof in such manner as it may deem fit, and such upgrade, update, change, modify, or improve shall be deemed to be applicable from the time they are posted.
- The Company may, at any time and without having to serve any prior notice to you, upgrade, update, change, modify, or improve the contents of the Terms of Use, in full or any portion thereof, for any reason, whatsoever, and at any time, and such upgrade, update, change, modify, or improve shall be deemed to be applicable from the time they are posted.
- The Company also reserves the right to alter or remove any content from the Website without any notice and without any liability.
- You are, therefore, requested to read the Terms of Use at regular intervals and it shall be your responsibility to be updated with the changes, modification, alterations so made.
- Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use, so modified.
- SEVERABILITY
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
- ASSIGNMENT
Any rights and licenses granted hereunder shall not be transferred or assigned by you but, shall be assigned by the Company. Any attempted transfer or assignment in violation hereof shall be considered as null and void.
- WAIVER
No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
- FORCE MAJEURE
Notwithstanding anything to the contrary contained herein, the Company shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, business slowdown, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labour difficulties or civil unrest.
- ANTI-BRIBERY AND ANTI-CORRUPTION
The User’s acknowledge and undertake that they are and shall always be in compliance with applicable Laws relating to anti-bribery and anti-corruption. They further represent and warrant that they shall not take any action that could result in liability for the Company and/or the Protected Person under any anti-corruption or anti-bribery laws.
The Users shall neither indulge themselves nor allow any other person to indulge into any kind of activities relating to corruption and bribery. They further shall promptly report to the Company any request received by such User for any undue financial or other advantage of any kind in connection to the Company or in connection to the clauses of this Terms of Use.
- GOVERNMENT LAWS AND JURISDICTION
In case of any dispute, the parties shall strive to resolve it with mutual Terms of Use, in the event the dispute persists, the dispute shall be referred to a sole arbitrator appointed with mutual consent between the parties and the matter shall be subject to the jurisdiction of Delhi. The Company shall not be liable for any damages, claims, losses, expenses, costs, obligations and liabilities, resulting from any fraudulent or illegal or unauthorized act of its employees or representatives in the performance of their duties.
The Terms shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts in Delhi shall have exclusive jurisdiction.
- DISCLAIMER
- This Terms of Use does not alter in any way the terms or conditions of any other agreement you may have with us, or our subsidiaries or affiliates.
- If you are using the Website on behalf of any other person or entity or otherwise, you represent and warrant that you are authorized to accept these terms on behalf of such person’s or entity's or otherwise, and that this Terms of Use shall be equally binding upon you and upon the person or the entity or otherwise on whose behalf you are using the site, application or services.
- The Company, its employees and advisors make no representation or warranty and shall incur no liability to any person, including any User or Teacher, and such User and / or Teacher hereby waive all their respective rights against the Company, if any, under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost, or expense which may arise from or be incurred or suffered on account of -
- anything contained in the Terms of Use or on account of the 3iEducation Learning Program or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the material provided by the Company and any assessment, assumption, statement or information contained therein or deemed to form part of 3iEducation Learning Program;
- any statement, action, deed of any nature committed by any User.
- The Company accepts no liability of any nature, whatsoever, whether resulting from negligence, act of imposing corporal punishment on students, any event of physical or sexual harassment or otherwise howsoever caused by Teacher.
- The Company collects, directly or indirectly, and displays on the Website, information, comments, experiences of the Teachers and the Users. Although the Company screens and vets the information and comments collected and /or submitted by the Teacher(s)s and the Users, it cannot be held liable and / or responsible for any inaccuracies or incompleteness represented from it, despite such reasonable effort. The Parties agree that the Company shall have no liability, whatsoever, in respect of any claim that may arise against any party consequently or in relation to any information, comments or statement of any Teacher and / or User which is posted on its Website.
- The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
- The Website is provided to you on “As Is” basis. The Company hereby disclaims all representation(s) and/or warranty(ies), either express or implied, including without limitation, warranties of fitness for particular purpose, title, non-infringement. In addition thereto, the Company makes no representations, warranties or guarantees that:
- this Website shall be free from any error, loss, destruction, damage, corruption, attack, viruses, interference, hacking, other security intrusion,
- the use or results of the use of the Website (including all of its content) is or will be accurate, reliable, current, and/or uninterrupted, and the Company disclaims any liability relating thereto.
- ENTIRE AGREEMENT
The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitutes the entire agreement between the Company and You with respect to Your access to or use of the Application, Website and the Services thereof.
- FEEDBACK, QUERIES & CONTACT INFORMATION
Feedback, Queries or comments about the Website, 3iEducation Learning Program or any other services provided by the Company shall be directed to the Company at the email address: info@3iEducation.com.