Terms of Use

1. OVERVIEW

This website/mobile application is operated by Care 4 Edu Solutions Pvt. Ltd., throughout the site, the terms “we”, “us” and “our” refer to Care 4 Edu Solutions Pvt. Ltd. Care 4 Edu Solutions Pvt. Ltd offers this website/Mobile Application, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2. DEFINITIONS

In addition to other words and expressions that may be defined elsewhere in this document, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:

1. “User” means a person who has signed up on the Platform as a consumer, individual consultant or an institute.

2. “Consumer” means a User who has registered on the Platform as a consumer/learner. In case of minor children, this term refers to the parent or guardian who registers their child or ward as a learner.

3. "Provider” means a User who has registered on the Platform as a Consultant, with the objective of teaching consumers online or offline (institutes) or at the residence of the consumer or the tutor. Providers may be Partners as defined below. All Providers/Consultants are required to agree to the Terms listed in the Clause 3.4

4. “Partner” means a Institute who signs up on the Platform as a Tutor Partner with the objective of providing the space for teaching consumers in their institute premises certified by the Company. Partners have to comply with the Terms of Service for Provider/Consultants as outlined in the Clause 3.6, apart from the terms listed in the Clause 3.4

5. “Subscription Plans” refers to the subscription plans announced through the Platform for its Users. These Plans require a payment from the Consumers for accessing the Platform for a defined time period. The details of these Membership Plans can be accessed only after registering as a User on the Platform.

6. “Users” refers to the collection of all Consumers, Partners and Providers registered on the Platform, Website or Applications.

7. “Website” refers to https://www.shikshakpro.care4edu.com which is the primary website that the Company owns and operates to provide and offer its Services.

8. “Payment Link” refers to the requests for payment made by Consumers/learners through the Platform. These typically include the details of the payment for the subscription plans as proposed on the website or mobile application of ShikshakPro. Also it includes payment made by Partner, Provider/Consultant for getting certified status.

3. TERMS OF SERVICE

This ‘Terms of Service’ is formulated and published pursuant to the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires the publication of Terms of Service and Privacy Policy for access or usage of a Website, app or related services. The Company reserves the right to modify the terms contained in this Agreement at any time by posting such modifications on the Website without requiring any advance notice to you.

These Terms & Conditions set out the agreement in this regard between the Company and the Users who are registered on the Website, as well as between the Company and the Providers and Partners who are registered on the Website.

3.1. TERMS APPLICABLE TO ALL USERS

Subject to the User’s compliance with the terms hereof, the Company hereby grants to each User a limited, non-exclusive, non-transferable, worldwide license, without the right to sublicense, solely for the purpose of enabling the User to use and enjoy the benefit of Services, in the manner permitted by these terms. The User shall not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may a User reverse engineer or attempt to extract the source code of that software, unless local laws prohibit those restrictions, or you have the prior written permission from the Company.

No User shall:

a. use the Services except to the extent permitted above;

b. modify or create any derivative work of any part of the Services;

c. permit any third parties to use the Services; or

d. Market, sublicense, publish, distribute, reproduce, assign, transfer, rent, lease or loan the Services.

This Agreement and the Services provided by the Platform are available to any person over the age of eighteen (18) years who registers on the Platform as a Consumer or a Provider. Persons below the age of eighteen (18) shall not be entitled to use the Platform unless such use is through the User account of a parent or a legal guardian. In such a case, “Consumer” as referred to herein refers to the concerned parent or legal guardian (as the case maybe).

By using the Services, each User grants the Company a limited, non-transferable, non-exclusive, non-sub licensable, data shared by a User solely in order to enable the User to use the Services. The Company shall have the right to aggregate and anonymize User data and to publish such aggregated and anonymized (non-personally identifiable) data (or) benchmark studies.

Each User registering on the Platform represents warrants and undertakes to the Company that all information that has been uploaded by the User on the Platform is true, complete and accurate.

Each User of the Platform agrees and acknowledges the following:

i. The Company provides a variety of forums for you to express yourself in the form of content such as but not limited to comments, reviews and photographs. You truthfully assert that the content being contributed is yours and that you own the copyright to the content published by you on the Platform.

ii.Information about the institutes posted on the Website/Mobile application is obtained from the institute only.

iii. The Company should not be thought of as the authority and the final guide in your decision making. All decisions shall be taken at your own risk and volition, and subject to independent verification of the data provided on the Website.

iv. The Company at its sole discretion may edit, delete or block access to any Content including user posted content, without notice and without liability. The Company will however make reasonable efforts to inform you of the changes.

v. By uploading your profile photo or the logo of your institute, you give the Company the right to use the photo or the logo on the Company website as well as on any Company owned marketing material or collateral.

vi. If you are a visitor on our website and if you update any personal contact information such as phone number or e-mail address, the Company reserves the right to contact you using Phone calls, SMS or Email.

vii. Collection of screen names and email addresses of members for purposes of advertisement, solicitation or spam is strictly prohibited.

viii. You shall not, under any circumstance:

Attempt to probe, scan, or test the vulnerability of the Website or breach any security or authentication measures.

Access or search the Sites Content or Services with any third-party search engine, software, or tool.

Create user accounts by automated means or under false or fraudulent pretenses.

Post Contact details, text, messages, graphics or materials that are sales offers, advertisements, or promotions for products or services, unless otherwise and explicitly permitted by the Company.

Post forged content such as but not limited to reviews.

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice.

3.2. TERMS APPLICABLE TO CONSUMER/LEARNER ENGAGING WITH ANY PROVIDER/CONSULTANT

i. This agreement between you and the Company may be terminated by either you or the Company at any time in the event of any misconduct or upon the occurrence of a Force Majeure event such as mechanical failures, defects, weather, strikes, acts of God, riots or other like causes.

ii. To download the ShikshakPro app or visiting the shikshakpro.care4edu.com you need not pay any fees, once you register on our Website/Mobile Application, you will be directed to the home page, wherein you will find list of courses and providers/consultants on our Website/Mobile Application, if you wish to book a class or view the profile details of any providers/consultants, you need to buy a subscription plans as per your requirement. Once you buy the subscription plan, the amount paid to the company regarding subscription will not be refunded at any instance.

iii. You agree and acknowledge that the Company is only an aggregator of service providers that the Company owns and operates a Platform for the Consumers/Learners, Providers/Consultant, & Partner to connect with prospective consumers and/or their parents or guardians. The Company shall not, in any manner whatsoever, be held liable or responsible for any matters in connection with the provision of the Service itself at the premises of the concerned consumer/learner during an Online, Offline & Home Tutoring session (as the case maybe). While the Company does follow a screening process to ensure that the Partners and Provider/Consultants are qualified to provide the Service, the Company makes no representation or undertakes no responsibility with respect to the proficiency, qualification, skills or conduct of any Providers/Consultants & Partner Institutes. You may use the Service at your own risk and responsibility after interacting with the Partners or Providers/Consulting and conducting your own due diligence.

iv. You agree and acknowledge that the Company has no control over the fee charged by a particular Provider/Consultant for the services provided, or any change in such fee.

v. You agree and understand that these terms and conditions are legally binding and enforceable against you. Please do not use this Website if any of the terms set out herein is not acceptable to you. You shall indemnify and hold harmless the Company from any and all expenses that may be incurred by it as a result of your breach of any of the obligations set out hereunder.

3.3. TERMS APPLICABLE TO CONSUMERS/LEARNERS ENGAGING WITH PROVIDERS/CONSULTANTS

i. Following terms are applicable to you as a Consumer/Learner in case you engage with any Provider/Consultant, with ‘Watching a Demo Video’ as the primary call-to-action on their Profile.

ii. In case you opt for attending online classes with any Provider/Consultant, you agree to attend such classes with Providers/Consultants only on the Platform link provided by ShikshakPro. You understand that the Company won’t have any liability for the classes scheduled or attended outside the Platform with any Provider.

iii. In case you opt for Offline classes at any Partner Institute provided by the Provider/Consultant or at your own residence, you agree that the Company bears no responsibility for the conduct of the Provider/Consultant or the delivery of the classes since the Company has no control over the same.

iv. Once the Provider/Consultant and you have agreed on a class schedule and you have made the payment for classes, if you fail to complete the agreed number of classes/course following a mutually agreed timetable within selected time from the date of last payment made through the Platform, neither the Provider/Consultant nor the Company shall be liable to deliver the classes to you.

v. Once the Class is scheduled by the Consumer/Learner with the Provider/Consultant of their choice, the Learner shall pay the Consultant fee as mentioned by the consultant during the course of booking. ShikshakPro will not be responsible for the payment processed between Consumer/learner & Provider/Consultant.

3.4. TERMS APPLICABLE TO ALL PROVIDERS/CONSULTANTS

i. You represent to the Company that you are an entity who has the capacity to contract in law, and hold all the qualifications and other prerequisites that have been specified by the Company for enrolment as a Provider on the Platform.

ii. You unconditionally represent and warrant to the Company that you have made available to the Company all the information, documents and other material regarding your qualification to provide the Service, and no information has been withheld in this regard. You also represent to the Company that all the information, documents and other material submitted by you to the Company for its verification are accurate and complete.

iii. You hereby represent and warrant to the Company that by providing the Service and by complying with the conditions hereunder will not result in (i) a breach of or default under any contract to which you are a party; or (ii) a violation of any applicable laws. For Institutes, Companies or any legally registered entities signing up on the Platform, the individual signing up shall be deemed to have the authority to represent and bind the concerned entity to the terms hereof.

iv. You agree that you have registered on this Platform as an independent freelancer or consultant and nothing contained in the Terms of Service or elsewhere shall give rise to an employer – employee relationship between the Company and you.

v. You agree to perform the Services in a professional manner meeting the expectation of the consumers in terms of quality. We may regularly update qualifications and other eligibility conditions with respect to the Services from time to time and these shall be strictly adhered to by you.

vi. You agree and acknowledge that the Company is only an aggregator of service providers providing a platform for eligible and qualified Providers/Consultants to connect with prospective Consumers/Learners. The Company shall not, in any manner whatsoever, be held liable or responsible for any matters in connection with the provision of the Service itself conducted either online or face to face at a location decided by mutual consent between the Provider/Consultant and the Consumer/Learner. The Company makes no representation or undertakes no responsibility with respect to any Consumer/Learner or the requirements of any Consumer/Learner.

vii. You agree and understand that these terms and conditions are legally binding and enforceable against you. Please do not use this Platform if any of the terms set out herein are not acceptable to you. You shall indemnify and hold harmless the Company from any and all expenses that may be incurred by it as a result of your breach of any of the obligations set out hereunder.

viii. The Company does not underwrite a guaranteed number of enquiries to Providers/Consumers. The Company also does not guarantee any number of consumer/learner payments

ix. Visibility for Successful Tutors: The Company has launched a certified option for its Providers/Consultant with the objective of finding and rewarding the Best or the Most Successful Providers on its Platform for any learning category. All Provider/Consultants are ranked according to their Success on the Platform based on the ratings provided by the Consumer/Learner. This ensures that Partners who are more efficient than others in get a Free boost to their ranking and therefore, higher visibility on the Platform, ensuring continued success in generating earnings for themselves.

x. The Company does not allow registration for home tuition agencies & organizations that are engaged in providing products or services similar to that of the Company (or) who are engaged in collection of data from the Website and sharing/utilizing it for the benefit of competitors. If there are any such registrations, the Company reserves the right to terminate those accounts without any prior notice and without processing the refund of paid subscription fee, if any associated with those accounts. The Company also reserves the right to initiate any legal proceedings if any home tuition agencies or organizations contravene conditions as stated above.

xi. You may clarify your doubts before you make a payment for any Membership Plan or Services offered by the Company. Once a payment is made, it cannot be refunded.

xii. Copyright protection for all Training Content uploaded by you on the Website:

a. The Company will not use any Training Content uploaded by you on the Platform for any commercial purpose or otherwise without seeking explicit permission from you as and when required.

b. The Company can use the content for marketing their services or the services of the Providers/Consultants.

c. The Company may request you to upload your training content on the Platform for the sole reason of making your experience of conducting tuition classes online on the Platform more seamless and hassle-free

d. By uploading any content on the Platform, you also warrant that you own the copyright for that content. Any plagiarized content, once noticed by our Audit Team or Users, will be liable to be removed from the Platform with or without any notice to you. For any liabilities arising out of your usage of plagiarized content, you shall be solely responsible and liable for the claims arising out of such legal proceedings.

3.5. TERMS APPLICABLE TO PARTNER

Partners are those who have agreed to the following benefits & terms of the Partnership Agreement, while registering as a Partner on the Platform:

a. You represent to the Company that you are an entity who has the capacity to contract in law, and hold all the qualifications and other prerequisites that have been specified by the Company for enrolment as a Provider on the Platform.

b. You unconditionally represent and warrant to the Company that you have made available to the Company all the information, documents and other material regarding your qualification to provide the Service, and no information has been withheld in this regard. You also represent to the Company that all the information, documents and other material submitted by you to the Company for its verification are accurate and complete.

c. You hereby represent and warrant to the Company that by providing the Service and by complying with the conditions hereunder will not result in (i) a breach of or default under any contract to which you are a party; or (ii) a violation of any applicable laws. For Institutes, Companies or any legally registered entities signing up on the Platform, the individual signing up shall be deemed to have the authority to represent and bind the concerned entity to the terms hereof.

d. You agree that you have registered on this Platform as an institute and nothing contained in the Terms of Service or elsewhere shall give rise to an employer – employee relationship between the Company and you.

e. You agree to perform the Services in a professional manner meeting the expectation of the consumers in terms of quality. We may regularly update qualifications and other eligibility conditions with respect to the Services from time to time and these shall be strictly adhered to by you.

f. You agree and acknowledge that you will be providing only your institute space for the course of class to be conducted between the consumer/learner and provider/consultant.

g. You agree that you will be providing best and all possible amenities required for learning as mentioned by you during the course of registration.

h. You agree that you shall not indulge in any altercation/interaction/relationship with the consumer/learner and provider/consultant, if found any such instances your institute registration and membership will be terminated with immediate effect.

i. You agree that once your institute will be verified (once you submit all the required documents as mentioned during the course of registration on ShikshakPro app or website), you will be paying certain sum of money for getting your institute certified and boost your visibility on our App/Website.

j. You agree that you will be providing all the documents pertaining to the registration of your institute with the company like GST certificate, Certificate of Registration etc., as requested by the company during the course of your institute’s verification or certification.

k. You agree that you will be providing the company, the permission for verifying and certifying your institute. The company holds all the right to accept or reject your institute’s registration failing to meet the company’s expectation/instruction or privacy policy ( {" "} https://www.shikshakpro.care4edu.com/privacy-policy ) at any point of time without any prior notice.

C. POLICY VIOLATION & SUSPENSION GUIDELINES FOR PROVIDERS & PARTNER/CONSULTANT

a. The Company reserves the right to suspend you from your Membership as a Partner or Provider/Consultant for a period which will last for 7 days for every violation. If you get more than 5 suspensions at any point of time, your account will get suspended permanently.

b. A suspension can be triggered for one of the following reasons:

I. Sharing your personal contact information with consumers/learners via messaging, a call, or a demo session, master class or regular classes conducted through the Platform, including any contact information that can potentially take the conversation and the consumer outside of the Platform.

II. Missing multiple regular classes or master classes as scheduled on your Calendar, can also trigger a suspension from the Platform.

III. Once you get a Consumer/learner from the Platform, all payments from the Consumer/Learner must be taken care between the Provider/Consultant and Consumer/Learner, Consumers/Learners Failing to make the payment or Provider/Consultant failing to take the class as scheduled once the payment is made then will be applicable for suspension from use of the Website and the Services. The Company also reserves the right to showcase your profile on the Platform as a blocked profile, to heavily disincentivize other Partners from violating policy guidelines. Also the company will not involve if any such cases arises between the consumer/learner & provider/consultant.

IV. Care 4 Edu Solutions Private Limited or ShikshakPro or any other entity of the company is not responsible for the payment transaction between the Provider/Learner and Consumer/Learner. However if any discrepancy between the Provider/Consultant and Consumer/Learner, they can send in the email and the company can only investigate the same (But the company does not guarantee any refund from the company’s side).

V. If you are found guilty of conducting a class or sharing content that meets one of the following criteria, that will lead to immediate and permanent removal from the use of the Platform and the Services without any chance of suspension:

a. False, inaccurate or misleading;

b. Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

c. Violate any law, statue, ordinance or regulation;

d. defamatory, unlawfully threatening or unlawfully harassing;

e. obscene or contain pornography; or

Contain any viruses, Trojan horses, worms, cancel bots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

g. Violating any terms set in the ShikshakPro Code of Conduct as outlined in Clause 5

3.6. PAYMENT TERMS

You agree to pay to the Company any fees determined by the Company at the time of signing up for the Services. You also agree that you will be solely responsible for payment of any and all statutory dues including but not limited to sales, use, import, export, value added or property tax, GST, duties or other amounts that arise in connection with your use of the Company’s Services.

Please note once the payment made by the users to the company is not refundable at any cost.

Also the payment transactions between the users are based on their own risk and responsibility. You shall not blame the company for any payment failure or any payment malpractice between the users. The company does not hold any responsibility for any such transactional cases between the users.

3.7. PERSONAL DATA AND OTHER INFORMATION MADE AVAILABLE ON THE WEBSITE

The User shall read and understand the Privacy Policy available at{" "} https://www.shikshakpro.care4edu.com/privacy-policy , so as to ensure that he or she has the knowledge of, (i) certain information that may be collected by the Platform; (ii) the purpose of collection and the use that such information is put to; and (iii) the entity that collects and retains the information etc.

i. The Company is not responsible for the authenticity of the personal information or personal data that is supplied by a User on the Platform. The User shall be responsible for maintaining the confidentiality of his/her account access information and password, and the User shall be held solely liable for all usage of his/her user account and password, whether or not authorized by him/her. The User shall be obligated to intimate the Company regarding any misuse or suspected misuse of his/her user Account information.

ii. Where a User provides information that is not authentic or is incomplete, the Company may at its sole discretion discontinue providing the Services to that User by disabling his/her User Account.

Each User represents and warrants to the Company that the content uploaded by them on the Platform shall not infringe the intellectual property rights of any person.

4. CONTENT AND INTELLECTUAL PROPERTY TERMS

In addition to providing the Services as stated above, the Platform may also offer other information related to the Services either directly or indirectly using links to third-party websites. The Company may not be the sole owner of all the information that is made available on the Platform. The proprietary rights to all information that is created by the Company and made available on the Platform shall belong to the Company alone. Unauthorized use of any content or material that is available on the Platform may violate intellectual property rights of other parties. You shall use the content on this Platform only for personal, non-commercial use. Any links to third-party websites that are provided on the Platform are for convenience and do not amount to the Company being responsible, in any manner, for such third party websites and their content. You may use such third party content at your own risk.

The Platform shall not be used by you for any illegal or unlawful purpose. Your use of the Platform shall be in compliance with all applicable laws and regulations. You shall not interfere or hinder the use of the Platform by other Users or Users, and you shall not engage in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication.

By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Platform in a lawful manner. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if content belonging to such third party is being used).

Please note that the Company is only an “intermediary” as defined in Section 2(w) of the Information Technology Act, 2000 and can only control the information and content posted by itself on the Platform. The Company does not have the ability to control User/User-generated content on the Platform. You are solely responsible for your interactions with other Users/Users and any content you post. The Company may monitor interactions between Users and remove any content from the Platform that it considers objectionable or inappropriate.

A. RESTRICTIONS ON USE

You should not host, display, upload, modify, publish, transmit, update or share any information that:

I. belongs to another person and to which you do not have any proprietary right;

II. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

III. III. harm minors in any way;

IV. infringes any patent, trademark, copyright or other proprietary rights;

V. violates any law for the time being in force;

VI. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

VII. impersonates another person;

VIII. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

IX. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

The Company retains the right to remove from the Platform any content that contravenes any of the above conditions.

5. CODE OF CONDUCT

A. CODE OF CONDUCT FOR PARTNER PROVIDERS

The Company follows a policy of zero-tolerance on any complaint registered by any Student against any Partner regarding their conduct or behavior during the classes.

I. 14-Day Free Replacement or Refunds: The Company allows all students or their parents to take free demo sessions with the Partners listed on ShikshakPro. The Company will provide a Free Replacement of the Partner Provider. If no replacement can be offered by the Company, then a no-questions-asked refund will be issued to the Student, if the request is made within 14 days of starting the classes with the Partner Provider. If more than 14 days have lapsed after starting the classes, no refund can be issued.

II. Suspension of the tutor: For any complaint from a student leading to a refund, the Company reserves the right to suspend the Partner for a period ranging from 7 days to permanent termination of the Partner’s membership on the Platform. The Company’s decision on imposing the suspension will be final and binding.

III. Partners will maintain high standards of professionalism in all their communication with students, including but not limited to:

a. Refraining from any communication with the students that may be considered abusive, racist or discriminatory of any nature;

b. Avoiding appearance on the video calls that may be considered offensive or inappropriate by the student in any way; and

c. Avoiding any communication with the students that may promote social unrest or may be considered unacceptable by law enforcement agencies.

B. CODE OF CONDUCT FOR STUDENTS ENGAGED WITH PARTNER PROVIDERS

I. If you are found guilty of misbehavior in a class or sharing content that meets one of the following criteria, it will lead to an immediate removal from the course you have registered and/or permanent removal from the Platform:

II. Violate any law, statute, ordinance or regulation;

III. defamatory, unlawfully threatening or unlawfully harassing;

IV. obscene or contain pornography;

V. use of content that 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.

6. DISCLAIMER OF WARRANTIES

Please note that your use of the Platform and the services shall be at your sole risk. The Company disclaims all warranties of any kind, whether express or implied, including, but not limited to non-infringement of third party rights with respect to the contents of the Platform, or any reliance upon or use of the Platform contents or the Services.

THE SITE, CONTENT, AND SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL THE COMPANY, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE OUR SERVICES.

THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITES, CONTENT OR SERVICES.YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY 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.

Interruptions: : The Company (including its directors, employees, agents and representatives) shall not be liable for any loss or liability resulting, directly or indirectly, from technical glitches or interruptions in the access of the Platform due to electronic or mechanical failures, defects, weather, strikes, acts of God, riots or other like causes.

Inaccuracies: The contents published on the Platform from time to time may include inaccuracies or human as well as mechanical errors, may be incomplete, and may be changed or updated from time to time at the sole discretion of the Company. The Company (including its directors, employees, agents and representatives) make no representations about the suitability or use of the content and features of the Platform for any particular purpose.

IN NO EVENT SHALL THE COMPANY BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY OTHER WEBSITES REFERENCED OR LINKED TO FROM THE WEBSITE OR PLATFORM. THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND/OR SERVICES OFFERED THROUGH THE PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR PAYMENT OF ANY CONSIDERATION.

Further, the Company makes no warranty:

I. That the content made available on the Platform is complete, updated or accurate; or

II. That the third party information made available on the Platform or the third party links made available on the Platform are accurate, reliable or complete.

A. LIMITATION OF LIABILITY

Except for the breach of confidentiality obligations, under no circumstances and under no legal theory, whether tort (including negligence), product liability, contract, or otherwise, shall the Company be liable to you for any indirect, special, incidental, or consequential damages, even if you have been informed of the possibility of such damages.

B. INDEMNIFICATION

You shall indemnify, defend and hold harmless the Company as well as each of its representatives, employees, contractors, agents, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses in relation to all claims arising out of (a) a breach of the obligations undertaken by you under the terms of this Agreement; (b) use or misuse by you of the Platform content; (c) breach of any intellectual property or other proprietary rights of any person or entity; or (d) the inaccuracy or incompleteness of any information or data you supplied on the Website.

If and when so required, the Company may seek written assurances from you regarding your undertaking to indemnify the Company, and your failure to provide such assurances would amount to a material breach of this Agreement. The Company may participate in any legal proceedings where you are defending a third party claim related to your use of any of the Platform. You shall notify the Company of any third party legal proceeding that is initiated in relation to the Platform or the Services, to which legal proceeding you are a party.

7. PRIVACY

Please refer to the Privacy Policy at https://www.shikshakpro.care4edu.com/privacy-policy, incorporated by reference herein, for information on the policy of the Company with respect to personal and sensitive information that is provided by the Users to the Platform.

8. REDRESSAL OF GRIEVANCES

If you have any questions or grievances regarding the Platform, or the contents thereof, you may reach out to the Company’s customer support at contact@care4edu.com (the “Grievance Officer”). The Grievance Officer shall address any complaint or grievance that is raised by a User within a period of one (1) month from when it is raised.

9. MISCELLANEOUS PROVISIONS

Force Majeure. The Company shall not be responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, pandemic, State imposed lockdown restrictions, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform.

Entire Agreement. This Agreement along with the Privacy Policy comprises the entire agreement between you and the Company with respect to the use of the Platform.

No Waiver. A delay or failure by the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

Notices: All notices given to you by the Company or by you to the Company shall be in writing and in the English language. Such notice shall be sent by e-mail or mailed by a prepaid internationally-recognized courier service to the intended recipient at the address set out below, or any changed address that is notified by either Party:

At the email address provided by you at the time of registration on the Website.

Notice to the Company:

Care 4 Edu Solutions Pvt. Ltd.

No. 228, 1st Floor, Near Krishna Temple,

Krishna Temple Road, Doddabommasandra,

Vidyaranyapura Post, Bengaluru – 560097

Notice to the Users:

At the email address provided by you (users) at the time of registration on the Website.

Governing Law; Jurisdiction. This Agreement is governed by the provisions of Indian law, including but not limited to the following:

The Indian Contract Act, 1872;

The (Indian) Information Technology Act, 2000;

The (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and

The (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.

This Platform originates from the State of Karnataka in India. This Agreement will be governed by the laws that are applicable in the State of Karnataka. By using this Platform, you consent to the jurisdiction and venue of the courts located in Karnataka, India in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.

Termination: The Company may terminate your access to the Platform without any notice to you if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.