Terms and Conditions
Table of Content
- About GyanAcharya
- GyanAcharya Platform
- GyanAcharya Accounts
- Access, Permissions, and Restrictions
- Content Use
- Content and Conduct
- GyanAcharya Plus – Subscription
- GyanAcharya Intellectual Property Right
- Electronic Communication
- Termination of Account
- Effective of Termination
- Copyright Infringement
- Limitation of Liability
- Eligibility to Use and Acceptance of the Terms and Conditions
- Force Majeure
- Information Technology Act
- Other Laws
- Governing Law and Jurisdiction
- Modification, Amendment or Termination
- Refund Policy
As updated on January 29, 2019
Welcome to the GyanAcharya’s terms and conditions. These terms and conditions (“Terms and Conditions”), are between GyanAcharya and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website www.GyanAcharya.com (“Website”) and/or our app ‘GyanAcharya Educate’ and/or ‘GyanAcharya Learners’ (“Apps”), Website and Apps together shall be referred to as “GyanAcharya Platform”, you agree to be bound by the provisions of these Terms and Conditions.
The domain name, Website and the Apps are owned, registered, and operated by GyanAcharya Edutech Private Limited, a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at BNO 8 HBC SECTOR 14 PANCHKULA India, (hereinafter referred to as “GyanAcharya” or “ us” or “we” or “our” or “Company”).
- These Terms and Conditions apply to all Users of the GyanAcharya Platform, including educators who are also contributors of User Content on the GyanAcharya Platform. The GyanAcharya Platform includes all aspects of the Website and Apps which includes but is not limited to products, software and service offered via the GyanAcharya Platform, such as the GyanAcharya online platform, GyanAcharya Plus – Subscription, GyanAcharya Bytes, and any other service or application that GyanAcharya introduces from time to time.
- GyanAcharya Platform is an online platform that supports and facilitates the online creation of educational videos/or tutorials, by the Users of the GyanAcharya Platform and acts as an intermediary between the educator and the User. A User may create a video, audio clip or tutorial, by using the GyanAcharya Platform. Such content uploaded through the use of the GyanAcharya Platform shall hereinafter be referred to as “User Content”. You agree and acknowledge that GyanAcharya has no control over and assumes no responsibility for the User Content, and by using the GyanAcharya Platform, you expressly relieve GyanAcharya from any and all liability arising from the User Content.
- You agree and acknowledge that GyanAcharya shall have the right at any time to change or discontinue any aspect or feature of the GyanAcharya Platform, including, but not limited to, the User Content, hours of availability, and equipment needed for access or use. Further, GyanAcharya may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. GyanAcharya reserves the right to refuse access to the GyanAcharya Platform, terminate Accounts, remove or edit contents without any notice to You.
In order to access some of the features of the GyanAcharya Platform, you may have to create your account with GyanAcharya. You agree and confirm that you will never use another User’s account nor provide access to your account to any third party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify GyanAcharya immediately of any breach of security or unauthorized use of your account. At no point in time will GyanAcharya be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to GyanAcharya or others due to such unauthorized use if any.
GyanAcharya takes no responsibility for any User Content that is uploaded on the GyanAcharya Platform, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the GyanAcharya Platform provided herein.
Access, Permissions, and Restrictions
GyanAcharya hereby grants you permission to access and use the GyanAcharya Platform as set forth in these Terms and Conditions, provided that:
- You agree not to distribute in any medium any part of the GyanAcharya Platform or the content without GyanAcharya’s prior written authorization.
- You agree not to alter or modify any part of the GyanAcharya Platform.
- You agree not to access the content of any other User through any technology or means other than the video playback pages of the GyanAcharya Platform itself.
- You agree not to use the GyanAcharya Platform for any of the following commercial uses unless you obtain GyanAcharya’s prior written approval:
- the sale of access to the GyanAcharya Platform;
- the sale of advertising, sponsorships, or promotions placed on or within the GyanAcharya Platform or content; or
- the sale of advertising, sponsorships, or promotions on any page or website that provides a similar GyanAcharya Platform as that of GyanAcharya.
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
- GyanAcharya Content utilized on the GyanAcharya Platform which shall include but not be limited to trademarks, service marks, and logos (“Marks”), process, images, software, graphics are owned by or licensed to GyanAcharya and subject to copyright and other intellectual property rights under the law.
- User Content is provided to you on an AS-IS basis. You may access Content for your information and personal use solely as intended through the provided functionality on the GyanAcharya Platform and as permitted under these Terms and Conditions. You shall not download any User Content unless you see a “download” or similar link displayed by GyanAcharya on the GyanAcharya Platform for that User Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of GyanAcharya or the respective licensors of the User Content. GyanAcharya and its licensors reserve all rights not expressly granted in and to the GyanAcharya Platform and the User Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the GyanAcharya Platform or features that prevent or restrict the use or copying of any User Content or enforce limitations on the use of the GyanAcharya Platform or the User Content therein.
- You understand that when using the GyanAcharya Platform, you will be exposed to User Content from a variety of sources and by different Users and that GyanAcharya is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GyanAcharya with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless GyanAcharya, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the GyanAcharya Platform.
Content and Conduct
- As a GyanAcharya User, you may submit User Content on the GyanAcharya Platform, including videos and user comments. You understand that GyanAcharya does not guarantee any confidentiality with respect to any User Content you submit.
- You shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content on the GyanAcharya Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you grant limited license to GyanAcharya to all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the GyanAcharya Platform pursuant to these Terms and Conditions for the duration the said User Content is available on GyanAcharya Platform.
- For clarity, you retain your ownership rights in your User Content. However, by submitting User Content to GyanAcharya, you hereby grant GyanAcharya a limited, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, display, publish, make available online or electronically transmit, the User Content in connection with the GyanAcharya Platform and GyanAcharya’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the GyanAcharya Platform in any media formats and through any media channels. You also hereby grant each User of the GyanAcharya Platform a limited, non-exclusive license to access your User Content through the GyanAcharya Platform. The above licenses granted by you in the User Content you submit to the GyanAcharya Platform terminate within a commercially reasonable time after you request GyanAcharya to remove or delete your videos from the GyanAcharya Platform provided you pay the mutually agreed amount that GyanAcharya incurred in providing the GyanAcharya Platform to you. You understand and agree, however, that GyanAcharya may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in the User comments and testimonial you submit are perpetual and irrevocable.
- You further agree that User Content you submit on the GyanAcharya Platform will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant GyanAcharya all of the license rights granted herein.
- Furthermore, you confirm that the User Content uploaded by you is not:
- False, inaccurate, or misleading;
- Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
- Violate any law, statute, ordinance, or regulation;
- defamatory, unlawfully threatening or unlawfully harassing;
- obscene or contain pornography.
- Contain any viruses, trojan horses, worms, cancelbots, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
- You understand and confirm that you shall not during your use of the GyanAcharya Platforms at any time post or publish any content, comments, or act in any way which will amount to harassment of any other User, whether a learner or an educator. If at any given point it comes to the notice of GyanAcharya that you are engaged in any kind of harassment of other Users, then in such a case you agree that GyanAcharya shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
- GyanAcharya at its sole discretion may process any audio or audio-visual content uploaded by you to the GyanAcharya Platform to confirm if the same is in accordance with the GyanAcharya internal quality requirements and is compatible with the GyanAcharya Platform.
- GyanAcharya does not endorse any User Content submitted on the GyanAcharya Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and GyanAcharya expressly disclaims any and all liability in connection with User Content. GyanAcharya does not permit copyright infringing activities and infringement of intellectual property rights on the GyanAcharya Platform, and GyanAcharya will remove all User Content if properly notified that such Content infringes on another’s intellectual property rights. GyanAcharya reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.
GyanAcharya Free, Lite & Pro - Subscription
Please refer to GyanAcharya Plus – Subscription terms and conditions to know more about the terms that shall govern your subscription. GyanAcharya Plus – Subscription is exclusive for the Users who have subscribed. You shall not give any unauthorized access or distribute or reproduce the Educational Content (as defined in the Subscription terms and conditions) to a third party.
In the event that GyanAcharya becomes aware of any Users giving unauthorized access to any third party or distributing or reproducing any Educational Content to or any third-party channel or media, GyanAcharya reserves the right to suspend or terminate the said User’s account with immediate effect.
GyanAcharya Intellectual Property Right
The GyanAcharya Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the GyanAcharya Platform is owned and controlled by GyanAcharya and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, GyanAcharya owns all IPR to and into the trademark “GYANACHARYA”, “GYANACHARYA LITE & PRO” and the GyanAcharya Platform.
The mark “ GyanAcharya” is the sole property of GyanAcharya. Reproduction in whole or in part of the same is strictly prohibited unless used with express written permission from GyanAcharya.
Any refunds that are to be processed shall be processed in accordance with GyanAcharya’s refund policy.
When you visit the GyanAcharya Platform or send an email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on the GyanAcharya Platform. You agree that all agreements, notices, disclosures, disclaimers, offers, and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
Termination of Account
- GyanAcharya will terminate a Users access to the GyanAcharya Platform, if
- the User is a repeat copyright infringer;
- the Users breaches any terms of these Terms and Conditions.
- Violation of any applicable laws;
- your use of the GyanAcharya Platform disrupts our business operations or affects any other party/ User; or
- you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against GyanAcharya.
Effective of Termination
In case any of the above-mentioned cases occur, GyanAcharya reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:
- GyanAcharya shall at its sole discretion withhold or stop any and all payments that are to be made to such Users and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not the subject matter of any violation or dispute.
- Payments shall not be made for the work that is the subject matter of any of the breaches.
- User access shall be terminated immediately, and the User shall not be able to access the said terminated account.
- GyanAcharya operates a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party.
- As part of GyanAcharya’s copyright policy, GyanAcharya will terminate User access to the GyanAcharya Platform if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
- If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given in the copyright policy on how to make a claim of copyright infringement.
Notice of Copyright Infringement:
Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology Act of 2000, we, as an intermediary, allow the general public to post content on our platform. We have implemented procedures for receiving written notification of claimed infringements on the User Content uploaded on the GyanAcharya Platform. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication that contains:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the GyanAcharya Platform, including the educator name, topic, and any other detail identifying the infringing content;
- Your email address, your physical address, and telephone number;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to our Copyright Agent as follows:
Email us at firstname.lastname@example.org
Our policy to deal with Copyright infringements:
We follow a 3-strike policy- Three instances brought to our notice that are provided with all required supporting information will lead to the educator getting banned from the GyanAcharya Platform. His/her right to any and all compensation or monetary benefit that he/she might be eligible for shall be revoked. The detailed process is as under:
- The first case of violation- The infringing User Content is taken down and the educator is given a warning and is suspended for a week from making any new courses.
- The second case of violation- The educator is suspended from making any more videos on the GyanAcharya Platform for a month and all User Content that amounts to copyright violations is brought down immediately.
- Third violation- The educator is banned from the GyanAcharya Platform and will be unable to take any more courses in the future.
You will not without obtaining the prior written consent of GyanAcharya, disclose to a third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the GyanAcharya Platform.
For the purpose of this clause, Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts, etc. relating to GyanAcharya or GyanAcharya Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all times be the property of GyanAcharya and any breach of the same shall cause irreparable damage to us.
YOU AGREE THAT YOUR USE OF THE GYANACHARYA PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GYANACHARYA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GYANACHARYA PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, GYANACHARYA EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON GYANACHARYA, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE GYANACHARYA PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GYANACHARYA PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE GYANACHARYA PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GYANACHARYA PLATFORM. GYANACHARYA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR GYANACHARYA PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GYANACHARYA PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GYANACHARYA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GYANACHARYA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT GYANACHARYA, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR GYANACHARYA PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GYANACHARYA PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR GYANACHARYA PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GYANACHARYA PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GYANACHARYA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS, AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, GYANACHARYA LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE GYANACHARYA PLATFORMS AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT GYANACHARYA SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE GYANACHARYA PLATFORM IS CONTROLLED AND OFFERED BY GYANACHARYA FROM ITS FACILITIES IN INDIA. GYANACHARYA MAKES NO REPRESENTATIONS THAT THE GYANACHARYA PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE GYANACHARYA PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless GyanAcharya, its parent corporation, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the GyanAcharya Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defense and indemnification obligation will survive these Terms and Conditions and your use of the GyanAcharya Platform.
Eligibility to Use and Acceptance of the Terms and Conditions
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the GyanAcharya Platform.
GyanAcharya reserves the right to refuse access to use the GyanAcharya Platforms to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according to any reasons for doing so.
We provide these Terms and Conditions with our GyanAcharya Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the GyanAcharya Platform is subject to the most current version of the Terms and Conditions made available on the GyanAcharya Platform at the time of such use.
GyanAcharya shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
Information Technology Act
You are advised not to post any information or messages that are, or that may be construed, as being malicious, defamatory, inappropriate, slanderous, pornographic, or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in the public forum. Your failure to comply with these terms may result in the removal of your postings without prior notice to the User. The IP address of all posts is recorded to aid in enforcing these conditions.
Certain laws require to maintain data with respect to the GyanAcharya Platform and other personal information in a prescribed format and GyanAcharya will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
Governing Law and Jurisdiction
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India.
Modification, Amendment, or Termination
GyanAcharya may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the GyanAcharya Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the GyanAcharya Platform shall be in writing and sent to the registered office of GyanAcharya. We do not guarantee continuous, uninterrupted, or secure access to the GyanAcharya Platform, and the operation of the GyanAcharya Platform may be interfered with by numerous factors outside our control. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Please read the subscription terms and conditions carefully before subscribing to any of the subscription plans, as once you have subscribed you cannot change, cancel your subscription plan. Once you subscribe and make the required payment, it shall be final and there cannot be any changes or modifications to the same, and neither will there be any refund.
We at GyanAcharya strive to ensure that our Users have a conducive learning and teaching environment, which includes interactions between the Users to allow the flow of knowledge and exchange of ideas.
Keeping the interactive nature of the Platform in mind it is essential to ensure that the Platform is not misused in any way that would warrant any User having a less than amazing experience and following the guidelines we have given below would be a great way to do that. You as a User may come cross-content that you feel is inappropriate, and we have provided means by which you can report or flag such content, but do keep in mind that the reporting option should be used judiciously and if you have any doubts, i.e. if the content is inappropriate please go through the guidelines to make an informed decision.
Guidelines for acts and content that are prohibited
Harmful or dangerous content: We at GyanAcharya believe the Platform is a safe space for interaction between the learners and educators alike and would like your help in ensuring that it remains so. Keeping this in mind any content that incites or promotes violence that may cause physical or emotional harm or endanger the safety of any individual is expressly prohibited on the Platform. Content that requires references to harmful or dangerous acts solely for educational purposes is allowed. The sale and promotion of any regulated or illegal goods are not allowed. The Platform is to be used only for the permitted uses as detailed under the Terms and Conditions.
Hateful content: We realize that there may be instances when there is the exchange of ideas and opinions which is essential in the learning process, while we agree that individuals have the right to voice their opinion, we do not encourage or tolerate any hate speech. Hate speech is any content where the sole objective is inciting hatred against specific individuals or groups with respect to but not limited to race or ethnic origin, country caste, religion, disability, gender, age, sexual orientation/gender identity, etc.
Violent and graphic content: GyanAcharya is an educational platform and the content uploaded is restricted to educational content alone, content that is violent or graphic is prohibited. You are requested to ensure that if there are references being made to violent or graphic situations or instances, it should solely be for educational purposes. Content whose sole objective is to sensationalize, shock, or disturb individuals is not allowed. GyanAcharya does not allow any content related to terrorism, such as content that promotes terrorist acts or incites violence, is not to be uploaded on the Platform in any manner.
Harassment and bullying: GyanAcharya Platform is used by many users on a daily basis and it is important to be respectful and kind to your fellow users, we do not tolerate any form of harassment or bullying on the Platform and strive to keep the Platform a safe space to foster learning. Harassment, in this case, would include but not be limited to abusive videos, comments, messages, revealing someone’s personal information, including sensitive personally identifiable information of individuals, content, or comments uploaded in order to humiliate someone, sexual harassment, or sexual bullying in any form.
Spam: Posting untargeted, unwanted, and repetitive content in lessons, comments, or messages with an intention to spam the Platform and to drive traffic from the Platform to other third-party sites is in direct violation of our Terms and Conditions. Posting links to external websites with malware and other prohibited sites is not allowed. The use or launch of any automated system in any manner that sends more request messages to GyanAcharya’s servers in a given period of time that is more than a human can reasonably produce using a conventional online web browser is prohibited and you can take a look at our Terms and Conditions for more details on the same including exceptions to this prohibition to public search engines.
Misleading metadata: Misuse of title, description, tags, thumbnail, and bios, and other features which constitute the Metadata on the Platform is not allowed. Using these features to trick or circumvent our search algorithms is prohibited
Scams: Any content uploaded/posted in order to trick others for their own financial gain is not allowed and we at GyanAcharya do not tolerate any practices of extortion or blackmail either.
Copyright: Please refer to our copyright policy provided in our Terms and Conditions to know more about proprietary information relating to User Content and GyanAcharya Content.
Impersonation: Impersonating another person is not permitted while using the GyanAcharya Platform. In this case, impersonation would mean the intention to cause confusion regarding who the real person is by pretending to be them. This can be done by means of using names, images, documents, certificates, etc. not belonging to you or not used to identify you. Pretending to be a company, institute, group, etc. by using their logo, brand name or any distinguishing mark would also amount to impersonation and could also be a potential trademark infringement.
Interaction with GyanAcharya: At GyanAcharya offices we treat each other with respect and have a healthy and supportive work environment. We believe in hands-on interaction with our users to help them navigate and gain the maximum benefit from the platform. Should you find yourselves interacting with any person from GyanAcharya please ensure that you maintain the same decorum you would while using this Platform. We do not encourage any communication with GyanAcharya employees of staff that is hateful, abusive or sexually suggestive in any manner.
We have reporting tools available on the platform where you can report any content that you believe falls under the ambit of any of the prohibited acts, violative of any intellectual property rights, or spam. The report option is made available for the videos as well as the comments, please ensure that you are certain that there is an issue before you report and do not make false complaints or allegations. You can write to us at help@GyanAcharya.com for any additional support, but to ensure that the Platform remains a safe learning space we suggest you use the in-built reporting tools made available.
Tips on Do’s & Don’ts: Here are a few tips from us on how to use the platform in a safe manner:
Keeping yourself and your account safe
Keep your log-in credentials a secret and do not reveal your password or ID to anyone.
Create a strong password to ensure that your account is not compromised, here are some tips to ensure that your password is strong:
Your password should be at least eight characters in length, combine numbers and letters, and not include commonly used words.
Select a word or acronym and insert numbers between some of the letters.
Include Special characters.
Mix capital and lowercase letters.
Don’t reuse passwords associated with any other type of account.
Log out of all devices to ensure that your login credentials are secure.
Register with our phone number in order to ensure you have a backup in case you forget your login details.
Do not reveal any personal information about yourself to anyone online, additionally do not meet someone you have a conversation with online in person, this could be a potentially dangerous activity and you might be compromising your safety.
If you are below the age of 18 and want to use the platform, a parent or guardian can create an account on your behalf. Persons below the age of 18 are not allowed to have individual accounts without the consent of a parent or guardian.
If you have content on your profile or video that would confuse persons as to who the video or content belongs to or leads users to believe that you have been endorsed or sponsored by another person, then the trademark of such person might have been infringed. If we receive any complaints or reports regarding the same, we may remove the content, if supported with relevant evidence.
If you are a trademark or copyright owner and believe that your intellectual property right is being infringed, please note that you have the option of reporting the same. However, GyanAcharya is not in a position where they can mediate such disputes and we disclaim any liability for the same. If we receive an infringement complaint that is genuine, we may remove the content in question and serve as a warning to the alleged infringer. We also suggest that before reporting the issue, both parties try to solve the disputes directly with the user who posted the content.
If you see any content that you feel is inappropriate and violates the guidelines given here, please report the content.
In the event, a fellow user harasses you or you believe that someone is being harassed on the platform you can report the user or content. You may even write to us at help@GyanAcharya.com for any further help or assistance.
When posting videos or lessons on the platform, always ensure that the information is correct, the content itself does not belong to a third party, and that it is free from any of the prohibited acts in these guidelines.
You will be personally held responsible for your actions on the Platform, thus please ensure that any content that you post including comments does not hurt the sentiments of any group or individual and cannot be construed as being harassment or bullying.
Please read the subscription terms and conditions carefully before subscribing to any of the subscription plans on the Platform, as once you have subscribed you cannot change, cancel your subscription plan. Once you have subscribed and made the required payment, it shall be final and there cannot be any changes or modifications to the same, and neither will there be any refund.
The copyright in the User Content on the GyanAcharya Platform is owned by educators, where GyanAcharya is a limited license holder to publish the same on the GyanAcharya Platform. The User Content is subject to the various Terms and Conditions and other policies (together “Terms”) as provided on the GyanAcharya Platform, kindly ensure that you use the User Content only within the parameters as provided in the Terms. You are prohibited from using the User Content as your own without the prior permission of the content creator and GyanAcharya.
GyanAcharya Content on the GyanAcharya Platform including but not limited to, images, graphics, process, images, software, graphics, are owned by or licensed to GyanAcharya and subject to Copyright and you are prohibited from using the same as your own, without the prior permission of GyanAcharya. For clarity, GyanAcharya Content does not include User Content.
If you believe that any Educator/User has used copyright-protected work in the User Content posted on the GyanAcharya Platform, an option to report the User Content is provided and you can report the same by using the report button or if you believe your or someone else’s copyrights are being infringed upon through the GyanAcharya Platform, then let us know by writing to us at email@example.com
Please note that by claiming copyright infringement you are initiating a legal process, kindly be sure to consider whether fair use, fair dealing, or a similar exception to copyright apply before you report.
The trademarks, service marks, logos displayed on the GyanAcharya Platform are owned by GyanAcharya (“GyanAcharya Marks”). If you haven’t received our permission, do not use the GyanAcharya Marks as your own or in any manner that implies sponsorship or endorsement or any relation to GyanAcharya.
A product or service branded with the GyanAcharya name or logo is a reflection of GyanAcharya. Unless you are one of our licensees, we don’t allow others to make, sell, or give away anything with our name or logo on it.
Subscription & Eligibility
GyanAcharya Privilege Subscription (the “Subscription Service”) is a personalized Subscription that offers, recommends, and helps you discover digital educational content created and live-streamed by top educators (collectively, “Educational Content”) in the category of your interest. You can access the Subscription and Educational Content, through the GyanAcharya website or GyanAcharya mobile application by subscribing to any category of your choice from the available subscription plans (“Subscription”). The Subscription will allow you access to all the courses/classes that are ongoing during your Subscription Period. If you are under 18 years of age, or the age of majority in your location, you may use the Subscription only with the involvement of a parent or guardian. We personalize content and features them as part of the Subscriptions, including showing you recommendations on Educational Content in the subscribed category, features, and other related categories that might be of interest to you. We also endeavor to continuously improve the Subscriptions and subscription plans to improve your subscription experience.
In order to access the live-streamed courses/classes or to download the Educational Content in the mobile application, you will need to use a personal computer, portable media player, or another device that meets the system and compatibility requirements (a “Compatible Device”). The Compatible Devices may change from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future. Thus, kindly make sure that the device that you use is compatible with our system/software to avail of the Subscription Service.
The Subscription allows you to access live-streaming of Educational Content on a subscription basis in the subscripted category for viewing, for a limited period of time during the Subscription Period.
Usage Rules: Due to the limitations imposed on us by our Educational Content providers i.e. Educators, the Educational Content we make available to you on GyanAcharya Privilege subscription are subject to restrictions on viewing access and on the length of time we make them available to you. These restrictions may change over time as we add new features, devices, and content to our Subscription Service. The following are restrictions for accessing Educational Content on GyanAcharya Privilege subscription:
Live – Streaming of Education Content:
You shall get access to attend live-streamed classes/courses of the Educational Content in your subscribed category during the Subscription Period through your Web browser/mobile application through compatible Internet-connected devices.
Downloading: You shall only have the option to do an in-app download and the downloaded Educational Content can be viewed by you during the Subscription Period on your compatible devices. After downloading the Educational Content, you shall have access to the same for the Subscription Period only and all access to the downloaded content shall be removed on expiry or termination of your Subscription, as the case may be.
Viewing Period: You can attend the live-streamed courses/classes of the Educational Content and watch and re-watch them later during your Subscription Period, by in-app downloading or streaming it, as often as you want and as long as you want to be provided that you have an active subscription and the viewing is within the Subscription Period or for a period of time as provided in this Agreement.
Subscription & Payment: You can subscribe to the category of your choice by clicking the Subscribe option and making the required payment for the subscription plan of your choice.
Limited License to Educational Content: Subject to payment of the Subscription fee, and your compliance with all terms of this Agreement, GyanAcharya and the Educator grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Subscription Period, to access and view and attend live-streamed classes/courses of the Educational Content in accordance with the terms of this Agreement, for personal, non-commercial, private use only. We may automatically remove your access to the Educational Content from your Compatible Device after the end of the Subscription Period or in accordance with any restriction mentioned in this Agreement.
Availability of Subscribed Educational Content: Educational Content will generally continue to be available to you for in-app download or streaming or attending live-streamed classes/courses during the Subscription Period, as applicable, but may become unavailable due to potential Educator licensing restrictions or for other reasons, and GyanAcharya will not be liable to you if the Educational Content in the subscribed category becomes unavailable for further in-app download or streaming. You may download and store your own copy of Educational Content on a Compatible Device authorized for such in-app download so that you can view that Educational Content but the access to such in-app downloaded Educational Content shall be removed on expiry of the Subscription Period or in case of Educator licensing restriction or termination of the Subscription in accordance with the terms of this Agreement.
In-App Downloading: You are granted a license only for the in-app download of the Educational Content in the mobile application or on such Compatible Device so permitted. Screen-casting or downloading on any other device or in any manner not permitted herein shall amount to immediate termination of Subscription along with termination of access to all downloaded Educational Content with a right to initiate appropriate legal action, at the sole discretion of GyanAcharya.
Quality of Streaming: The resolution and quality of the Educational Content you receive will depend on a number of factors, including the type of Compatible Device on which you are accessing the Educational Content and your bandwidth, which may increase or decrease over the course of your viewing. While we strive to provide you a high-quality viewing experience, we make no guarantee as to the resolution or quality of the Educational Content you will receive when streaming.
General Restrictions: You may not (i) transfer, copy or display the Educational Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Educational Content; (iii) remove any proprietary notices or labels on the Educational Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Subscription; or (v) use the Subscription or Educational Content for any commercial or illegal purpose.
Modification of Subscription: GyanAcharya reserves the right to modify, suspend, or discontinue the Subscription Service, or any part of the Subscription Service, at any time and without notice (except as required by applicable law), and GyanAcharya will not be liable to you should it exercise such rights, even if your ability to use Educational Content is impacted by the change.
GyanAcharya reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with the Subscription Service. To the maximum extent permitted by law, your continued use of the Subscription Service following any changes will constitute your acceptance of such changes.
Reservation of Rights; Waiver: The Subscription Service and the Educational Content embody intellectual property that is protected by law. Copyright owners of Educational Content, i.e. Educator, are intended third-party beneficiaries under the Agreement. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
Contact Information: For communications concerning this Agreement, please write to GyanAcharya at firstname.lastname@example.org.
If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
GyanAcharya Live Classroom – Terms of Service
Table of Content
“Classroom Service” shall mean the service provided by GyanAcharya under these Service Terms through which You can conduct virtual live classes on the GyanAcharya Platform by sharing the Classroom Link with Your students/learners.
“Classroom Link” shall mean the link that is generated by You and shared with any person, who can join the classroom using the said link.
“Classes” shall mean the virtual live-streamed classes conducted by You or by Your Representatives.
“End User” means You or Your students/learner to whom you have shared the Classroom Link to the participant and use the Classroom Service.
“Laws” means shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, Order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of a decision of, or determination by, or any interpretation, policy or administration, having the force of the law of any of the foregoing, by any authority having jurisdiction over the matter in question;
“Representative” means any person that You have authorized to use the Service through Your account.
Service under these Service Terms shall include Classroom Service along with the associated features, links, and software and standard updates to the Services that are made generally available by GyanAcharya during the term (together “Services”). GyanAcharya may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. GyanAcharya may, from time to time, offer access to services that are classified as Beta version. Access to and use of Beta versions may be subject to additional agreements. GyanAcharya makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS-IS, may contain bugs, errors, or other defects, and Your use of a Beta version is at Your sole risk.
GRANT OF LICENSE
By You: You shall be solely responsible for your own Content and the consequences of submitting and publishing such Content through the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content that you submit; and you grant limited license to GyanAcharya to all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Content for the limited purpose of publication, display, recording, and streaming of the Content through the Services for the duration the said Content is available on the Services and provide the access for such Content to the End Users to whom you provide the Classroom link or link to the classroom recordings.
USE OF SERVICES, YOUR RESPONSIBILITIES, AND CONDUCT
You may only use the Services pursuant to the Service Terms. You are solely responsible for Your and Your End Users’ use of the Services and shall abide by, and ensure compliance with, all Laws in connection with Your and each End User’s use of the Services, including but not limited to laws related to recording, intellectual property, privacy and export control. Use of the Services is void where prohibited.
- Registration: You may be required to provide information about Yourself in order to register for and/or use the Services. You agree that any such information shall be accurate. You may also be asked to choose a username and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party.
- Your Content and Conduct: You agree that You are solely responsible for the content (“Content”) sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, copyright law and other Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to GyanAcharya Classroom and that such use does not violate or infringe on any rights of any third party. Under no circumstances will GyanAcharya be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although GyanAcharya is not responsible for any Content, GyanAcharya may delete any Content, at any time without notice to You, if GyanAcharya becomes aware that it violates any provision of these Services Terms or any law. You retain copyright and any other rights You already hold in Content which You submit, post, or display on or through, the Services.
- Recordings: You are responsible for compliance will all recording laws and associated consent requirements. By using the Services, you are giving GyanAcharya consent to store recordings for any or all your Classes conducted through the Services, if such recordings are stored in our systems. You can share the link to the recording of Your Classes to any person at your discretion but You shall be responsible for any default/misconduct or violation that occurs due to such person. At no point in time shall GyanAcharya be responsible for any activities by any users including you, your students, or any third party.
- Prohibited Use: You agree that You will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts GyanAcharya’s networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is derogatory to any religion, caste, sex or political opinions, harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of GyanAcharya or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or GyanAcharya’s security systems. (ix) use the Services in violation of any GyanAcharya policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
- Limitations on Use: You agree to use the Services only for educational purposes and not use the Service for any other purpose.
You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with these Service Terms and any & all GyanAcharya policies. GyanAcharya assumes no responsibility or liability for violations. If You become aware of any violation of these Service Terms in connection with the use of the Services by any person, please contact GyanAcharya at email@example.com. GyanAcharya may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content, or terminating accounts and/or User profiles. Under no circumstances will GyanAcharya be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.
GYANACHARYA OBLIGATIONS FOR CONTENT
You affirm that You are of legal age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Service Terms, and to abide by and comply with these Service Terms. Although we cannot absolutely control whether minors gain unauthorized access to the Services, access may be terminated without warning if we believe that You are underage or otherwise ineligible.
If GyanAcharya becomes aware or has reason to believe that you are in violation of these Service Terms or any other Policies then GyanAcharya reserves the right to terminate your account with or without providing any notice or reason. If you wish to terminate your account or any recordings you can do the same by writing to us at firstname.lastname@example.org.
GyanAcharya retains ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names (“GyanAcharya Marks”) associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any GyanAcharya Marks or other proprietary information (including images, text, page layout, or form) of GyanAcharya without express written consent. You may not use any meta tags or any other “hidden text” utilizing GyanAcharya Marks without GyanAcharya’s express written consent.
You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity, or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. GyanAcharya may deny access to the Services to any User who is alleged to infringe another party’s copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify GyanAcharya of the same.
You will not without obtaining the prior written consent of GyanAcharya, disclose to a third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Services. For the purpose of this clause, Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts, etc. relating to the Service or GyanAcharya Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all times be the property of GyanAcharya and any breach of the same shall cause irreparable damage to us.
You acknowledge that any use of the Services contrary to these Service Terms, or any transfer, sublicensing, copying, or disclosure of technical information or materials related to the Services, may cause irreparable injury to GyanAcharya, and under such circumstances GyanAcharya, GyanAcharya will be entitled to equitable relief, without posting a bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
DISCLAIMER AND INDEMNIFICATION
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND GYANACHARYA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GYANACHARYA MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. GYANACHARYA DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. GYANACHARYA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.
Indemnity: You agree to indemnify, defend and hold harmless GyanAcharya its officers, directors, employees, consultants, and agents, from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Services, Your violation of these Service Terms or the infringement or violation by You or any other user of Your account, of any intellectual property or another right of any person or entity or applicable law.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GYANACHARYA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GYANACHARYA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS, AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, GYANACHARYA LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE SERVICES AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT GYANACHARYA SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE SERVICES ARE CONTROLLED AND OFFERED BY GYANACHARYA FROM ITS FACILITIES IN INDIA. GYANACHARYA MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Modification: GyanAcharya reserves the right to modify, suspend, or discontinue the Services, or any part thereof, at any time and without notice (except as required by applicable law), and GyanAcharya will not be liable to you should it exercise such rights, even if your ability to use the Services is impacted by the change.
Amendments: GyanAcharya reserves the right to make changes to these Service Terms at any time by posting the revised terms in connection with Services. To the maximum extent permitted by law, your continued use of the Services following any changes will constitute your acceptance of such changes.
Our failure to insist upon or enforce your strict compliance with these Service Terms will not constitute a waiver of any of our rights.
Severability: If any term or condition of these Service Terms is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.