This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
These terms and conditions ("Terms and Conditions") contained herein, are between PRISHNI ____________ and you, (hereinafter referred to as "Educator", "Content Provider" or "End User" and together referred to as "Users"). By accessing our website __________________________("Website") and/or any of our Apps (jointly referred to as the "Platform"), you agree to be bound by the provisions of these Terms and Conditions.
By using or visiting the Platform or any platform software, data feeds, and service provided to you on, from, or through this Platform, you signify your agreement to :
In order to access some of the features of the Platform, you may have to create your account with the Platform. 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 the Platform immediately of any breach of security or unauthorized use of your account. At no point in time will the Platform be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to the Platform or others due to such unauthorized use, if any.
The Platform takes no responsibility for any User Content that is uploaded on the Platform unless it is specified that the Platform has jointly developed content and the same is specifically stated in the course/module, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the Platform provided herein.
The Platform hereby grants you permission to access and use the Platform as set forth in these Terms and Conditions, provided that:
You agree not to use the Platform for any of the following commercial uses unless you obtain the Company's prior written approval:
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content:
As a User, you may submit User Content on the the Platform, including videos and User comments. You understand that the Platform 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 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 the Platform to all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Platform pursuant to these Terms and Conditions for the duration the said User Content is available on the Platform.
For clarity, you retain your ownership rights in your User Content unless a contract or Agreement to the contrary has been entered into by you with the Company. However, by submitting User Content to the Platform, you hereby grant the Platform a limited, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, display, publish, make available online or electronically transmit, the User Content in connection with the Platform (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Platform in any media formats and through any media channels. You also hereby grant each User of the Platform a limited, non-exclusive license to access your User Content through the Platform. The above licenses granted by you in the User Content you submit to the Platform terminate within a commercially reasonable time (as per the specific Agreement) after you request the Platform to remove or delete your videos from the Platform provided you pay the mutually agreed amount that Platform incurred in providing the Platform to you. You understand and agree, however, that Platform 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 User comments and testimonial you submit are perpetual and irrevocable.
You further agree that User Content you submit on the 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 the Platform all of the license rights granted herein.
You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
You agree and understand that Platform reserves the right to remove and/or edit such detail/ information. If you come across any information as mentioned above on the Platform, you are requested to immediately contact our Grievance Redressal Officer at GRO@prishni.in.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
The Platform at its sole discretion may process any audio or audio-visual content uploaded by you to the Platform to confirm if the same is in accordance with the Platform's internal quality requirements and is compatible with the Platform.
The Platform/Company does not endorse any User Content submitted on the Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and the Platform expressly disclaims any and all liability in connection with User Content. The Platform does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and it will remove all User Content if properly notified that such Content infringes on another's intellectual property rights. The Platform reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.
Please refer to Subscription terms and conditions to know more about the terms that shall govern your subscription. It is exclusive for the Users who have subscribed. You shall not give any unauthorized access or distribute or reproduce the User Content (as defined in the Subscription terms and conditions) to a third party.
In the event that the Platform becomes aware of any Users giving unauthorized access to any third party or distributing or reproducing any User Content to or any third-party channel or media, the Platform reserves the right to suspend or terminate the said User's account with immediate effect.
The 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 Platform is owned and controlled by the Company 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, the Company owns all IPR to and into the trademark_____________________________________________.
The mark _______________ ( hereinafter referred to as "Prishni Marks" )is the sole property of the Company. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from the Company.If you haven't received our permission, do not use the Prishni Marks as your own or in any manner that implies sponsorship or endorsement or any relation to the Platform.
A product or service branded with the Platform name or logo is a reflection of the Platform. 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.
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.
When you visit the Platform or send 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 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.
The Platform will terminate a Users access to the the Platform or parts of it thereof, if
In case any of the above-mentioned cases occur, the Platform 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: 1. The Platform/Company shall at its sole discretion withhold or stop any and all payments that are to be made to such User and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute. 2. Payments shall not be made for the work that is the subject matter of any of the breaches. 3. User access shall be terminated immediately, and the User shall not be able to access the said terminated account.
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 an intermediary, allow 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 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 which contains:
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.
Please submit your notice to our Copyright Agent as follows: 1. Email us at email@example.com 2. Contact us by mail at: Prishni _______ ATTN: Grievance Redressal Officer Regd. Office:________________________
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/content provider getting banned from the 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 copyright in the User Content on the Platform are owned by educators, where the Platform is a limited license holder to publish the same on Prishni _______. The User Content is subject to the various Terms and Conditions and other policies as provided on the 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 the Platform.
You will not without obtaining prior written consent of the Platform, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the 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 the Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of the Platform and any breach of the same shall cause irreparable damage to us.
YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM AND COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM 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 THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE 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 THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE 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 PLATFORM. THE PLATFORM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT, THIRD PARTY ADVERTISEMENT CONTENT OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE PLATFORM 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.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PLATFORM OR COMPANY, 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 PRISHNI, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF PRISHNI, (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 PRISHNI, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH PRISHNI 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 PRISHNI, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PLATFORM 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, THE PLATFORM LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE PLATFORM AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT PLATFORM 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 PLATFORM IS CONTROLLED AND OFFERED BY THE COMPANY FROM ITS FACILITIES IN INDIA. THE COMPANY MAKES NO REPRESENTATIONS THAT THE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE 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 the Platform, its parent company, 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 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 defence and indemnification obligation will survive these Terms and Conditions and your use of the Platform.
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 Platform.
The Company reserves the right to refuse access to use the Platforms to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms and Conditions with our 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 Platform is subject to the most current version of the Terms and Conditions made available on the Platform at the time of such use.
The Platform 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 the 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.
Your failure to comply with these terms may result in removal of your postings without prior notice to 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 Platform and other personal information in a prescribed format and the Platform 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.
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.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of 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 Platform shall be in writing and sent to the registered office of the Platform. We do not guarantee continuous, uninterrupted or secure access to the Platform, and operation of the Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out 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.