Terms of use
Terms of Use
These Terms of Use ("Terms") were last updated on December 09, 2019.
EShaastra’s objectives is to
reach out to maximum number of people learning through e-learning courses being
provided herein to students in self-improvement category and different branches
of education around the world. We enable anyone with access to internet
connection anywhere in world to create and/or share educational courses
(instructors/educational institutes) and to enroll in these educational courses
to learn (students).
These Terms apply to all your
activities on the EShaastra website, the eshaastra mobile applications, our APIs
and other related services (“Services”).
“Website”, we” and “us” means
here “www.eshaastra.com”, “eshaastra android app” and “eshaastra IOS app”
“Student” means here who will
create an account to enroll in courses on our website.
“Teacher” or “Instructor” meaning
who will publish his/her course on our website.
If you publish a course on the
EShaastra platform, you must also agree to the Instruction Manual.
By accessing this website, you
agree to resolve disputes with EShaastra through binding arbitration to be held
in Karnal, India,
Table of Contents
1. Account Creation
2. Enrollment and Period of Access
3. Payments and Refunds
4. Content and Behavior Rules
5. EShaastra’s Rights to Content You
Post
6. Using EShaastra course at Your
Own Risk
7. EShaastra’s Rights
8. Miscellaneous Legal Terms
9. Dispute Resolution
10. Modifications
11. Use & Restrictions.
12. Affiliate System
13. Channel Partner terms
14. How to Contact Us
1. Accounts Creation
You need an account for most
activities on our platform including to access and enroll in a course or to
submit a course for publication. You are advised to keep your password
somewhere safe, because you’re responsible for all activity associated with
your account. If you suspect someone else is using your account, let us know by
contacting us on the email address provided below. You must have reached the
age of consent for online services in your country.
2. If the age of student is less
then the age of using online services in your country then parents/guardian of
those students can enroll in the course by using their own credentials like
email, names etc. For us now they are students. If they feel these contents are
appropriate for their children, then they can help them in applying the
knowledge gain from the courses. But they can teach it with their kids only.
They are not allowed to use it for commercial purpose or even non-commercial
purpose to teach others. Enroll for parents is just our suggestion it is not a
recommendation.
3. When setting up and maintaining
your account, you must provide accurate and complete information, including a
valid email address and phone number(if asked)You agree to indemnify and keep
the website owner indemnified for everything that happens on your account,
including for any harm or damage (to us or anyone else) caused by someone using
your account without your permission.
4. You must notify us immediately
upon learning that someone else may be using your account without your
permission (or if you suspect any other breach of security) by contacting our
Support Team. We may request some information from you to confirm that you are
indeed the owner of your account.
Instructors/teachers must be at
least 18 years of age to create an account on EShaastra and use the Services,
That prior to creation of an account, you may be requested to verify your
identity before you are authorized to submit a course for publication on
EShaastra.
You can terminate your account at
any time.
2. Enrolment and Period of Access
When you enroll in a course, you
get a license from us to view it via the EShaastra Services (website or IOS app or android apps or all platform) and no other use. We reserve at our sole discretion to
disable the course because of legal or policy reasons.
When instructors/teachers publish
a course on EShaastra, they agree that automatically EShaastra has been granted
a license to further sub-license, the said course to students for a fee.
EShaastra grants you (as a
student) a limited, non-exclusive, non-transferable license to access and view
the courses and associated content for which you have paid all required fees,
solely for your personal, non- commercial, educational purposes through the
Services, in accordance with these Terms and any conditions or restrictions
associated with a particular courses or feature of our Services.
Students stand notified and
cautioned hereby that the Courses are licensed one year period only to students who paid some amount to join the course but this period
is limited by 30 days only to those who enrolled a free access(without any
payment), Although our wish is to provide it as long as we can. It depends upon
affordability, technological updates and so many other unpredictable factors.
But after the expiry of your license period it is our sole discretion to allow
you to access our courses or not. All courses can have different subscription
period.
That the students agree that they
may not reproduce, download, redistribute, transmit, assign, sell, broadcast,
rent, share, lend, modify, adapt, edit, create derivative works of, sublicense,
or otherwise transfer or use any course unless they have obtained a permission
in writing signed by a EShaastra authorized representative.
3. Payments and Refunds
You agree to pay the fees for
courses that you purchase, and you authorize us to charge your debit or credit
card or process other means of payment for those fees. EShaastra works with
third party payment processing partners to offer you the most convenient
payment methods.
When you make a purchase, you
agree not to use an invalid or unauthorized payment method.
Refund or cancellation
As our courses are eproduct. So,
once we have granted access to you we assume it used. So, there is no refund
after you got the access. But if there is some law which is not in our
knowledge now we can consider those situation and refund within 30 days of
granting you the access to the course. But it should not be accessed /used not
more than 5% of the total number of lessons in content index. We will refund by
deducting the payments of agency who charged from us in transferring payment
from you to us like PayPal (they charge around 3- 6.5%).
How we consider our courses is
used by student.
In student dashboard if you see
the contents of course. Lessons which are access will turn up into different
colour. It means it is accessed already.
At our discretion, if we believe
you are abusing our credit/refund policy, we reserve the right to ban your account
and to restrict all future use of the Services. If we ban your account or
disable your access to a course due to your violation of these Terms, you will
not be eligible to receive any credit or refund.
4. Content and Behavior Rules
You can only use EShaastra for
lawful purposes and in compliance with all laws and rules as applicable in
India only. You’re responsible for all the content that you post on our
platform. You should keep the reviews, questions, posts, courses and other
content you upload in line with our policies detailed in the website and the
law, and respect the intellectual property rights of others. We reserve the
right to ban your account for repeated or major offenses. If you think someone
is infringing your copyright on our platform, let us know and we shall take
immediate steps as soon as possible situation allows.
If you are a student, the
services enable you to ask questions to the instructor/teacher of courses you
are enrolled in, and to post reviews of courses. For certain courses, the
instructor invites you to submit content as “homework” or tests. Don’t post or
submit anything that does not belongs to you. But students must behave in an
appropriate way while asking questions. Any abusive language or asking can
cause your account termination.
If you are an instructor/teacher,
you can submit courses for publication on the platform and you can also
communicate with the students who have enrolled in your courses. In both cases,
you must abide by the law and respect the rights of others: you cannot post any
course, question, answer, review or other content that violates applicable
local or national laws of India. You are solely responsible for any courses,
content, and actions you post or take via this platform and consequences
thereof.
That you agree that if we are put
on notice that your course or content violates the law or the rights of others
(for example, if it is established that it violates intellectual property or
image rights of others, or is about an illegal activity), if we discover that
your content or behavior violates our Guidelines, or if we believe your
content or behavior is unlawful, inappropriate, or objectionable (for example
if you impersonate someone else), we may remove your content from our platform.
EShaastra reserves its discretion
in enforcing its guidelines by terminating or suspending your license to use
our platform and Services or ban your account at any time, with or without
notice, for any violation of any of these Terms stated herein.
All third parties are hereby
notified that if one of our course instructor/teacher has published a course
that infringes your copyright or trademark rights, please contact us on
info@eShaastra.com
We require our instructor/teacher
to follow the law and respect the intellectual property rights of others.
5. EShaastra’s Rights to Content You
Post
You retain ownership of content
you post to our platform, including your courses. We’re allowed to share your
content to anyone through any media, including promoting it via advertising on
other websites.
The content you post as a student
or instructor/teacher (including courses) remains yours. By posting courses and
other content, you allow EShaastra to reuse and share it, but you do not lose
any ownership rights you may have over your content. If you are an instructor,
be sure to understand the course licensing terms that are detailed in the
Agreement.
When you post comments,
questions, reviews through the platforms, you grant us a worldwide,
non-exclusive, royalty-free license (with the right to sublicense) to use,
copy, reproduce, process, adapt, modify, publish, transmit, display, and
distribute your content in any and all media or distribution methods (existing
now or later developed). This includes making your content available to other
companies, organizations, or individuals who partner with EShaastra for the
syndication, broadcast, distribution, or publication of content on other media.
You represent and warrant that you have all the rights, power, and authority
necessary to authorize us to use any content that you submit. You also agree to
all such uses of your content with no compensation paid to you.
6. Using EShaastra at your own risk
Anyone can use EShaastra to
create and publish courses and instructor/teacher and we enable
instructor/teacher and students to interact for teaching and learning. Like other
platforms where people can post content and interact, some things can go wrong,
and you use EShaastra at your own risk. EShaastra has no responsibility to keep
such content from you and no liability for your access or enrollment in any
course, to the extent permissible under applicable law. That the online
instructor/teacher/Guide will upload the courses onto the website and we will
send emails to our existing users and will market our website. Once course
uploaded online instructor/teacher/Guide cannot remove the course till the
validity of the course. He can only stop further selling of course.
7. EShaastra’s Rights
We own the EShaastra platform and
Services, including the website, and apps present or future apps and services,
and things like our logos and content created by our employees and no
unauthorized use is permitted.
All right, title, and interest in
and to the EShaastra platform and Services, including our website, our existing
or future applications, our databases, and the content our employees or partners
submit or provide through our Services (but excluding content provided by
instructor/teachers/ course guides and students) are and will remain the
exclusive property of EShaastra and its licensors. Nothing gives you a right to
use the EShaastra name or any of the EShaastra trademarks, logos, domain names,
and other distinctive brand features. Any feedback, comments, or suggestions
you may provide regarding EShaastra or the Services is entirely voluntary, and
we will be free to use such feedback, comments, or suggestions as we see fit
and without any obligation to you.
8. Miscellaneous Legal Terms
You agree that by registering,
accessing or using our Services, you are agreeing to enter into a legally
binding contract with EShaastra. If you do not agree to these Terms, do not
register, access, or otherwise use any of our Services.
If you are a course
instructor/teacher accepting these Terms and using our Services on behalf of a
company, organization, government, or other legal entity, you represent and
warrant that you are authorized to do so.
Any version of these Term in a
language other than English is provided for convenience and you understand and
agree that the English language will control if there is any conflict.
These Terms (including any
agreements and policies linked from these Terms) constitute the entire
agreement between you and us (which include, if you are a course
directors/instructor/teachers)
If any part of these Terms is
found to be invalid or unenforceable by applicable law, then that provision
will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of these Terms
will continue in effect.
Even if we are delayed in
exercising our rights or fail to exercise a right in one case, it doesn’t mean
we waive our rights under these Terms, and we may decide to enforce them in the
future. If we decide to waive any of our rights in a particular instance, it
doesn’t mean we waive our rights generally or in the future.
Disclaimers
The services and all included
content are provided on an "as is" basis without warranty of any
kind, whether express or implied. The www.eshaastra.com parties specifically
disclaim any and all warranties and conditions of merchantability, fitness for
a particular purpose, and non-infringement, and any warranties arising out of
course of dealing or usage. The eshaastra parties further disclaim any and all
liability related to your access or use of the services or any related content.
You acknowledge and agree that any access to or use of the services or such
content is at your own risk.
Some instructor/ teacher uses
their additional disclaimer. Here is a disclaimer from Krishan Chahal (legal
name Krishan Kumar)
The information contained in his
courses is strictly for educational purpose only. It is licenced with the
understanding that the instructor is not engaged to render any type of
psychological or any other kind of professional advice. The content of his courses
are the sole expression, observation and opinion of him. Improvement
depends upon various factors which differ from person to person, so he does not
claim the level of improvement.
Characters/names used in these
courses in relevance of any example are just to make it more explanatory and
there is no intention to harm the image of any individual, group, religion or
community. All disputes are subject to the jurisdiction of competent courts in
Karnal.
Limitation of Liability
To the maximum extent permitted
by law, the eshaastra parties shall not be liable for any indirect, incidental,
special, consequential, or punitive damages, or any loss of profits or
revenues, whether incurred directly or indirectly, or any loss of data, use,
goodwill, or other intangible losses, resulting from: (a) your access to or use
of or inability to access or use the services; (b) any conduct or content of
any party other than the applicable eshaastra party, including without
limitation, any defamatory, offensive, or illegal conduct; or (c) unauthorized
access, use, or alteration of your content or information. In no event shall
EShaastra’s aggregate liability for all claims related to the services exceed
hundred INR or the total amount of fees received by eshaastra from you for the
use of paid services during the past six months, whichever is greater.
You acknowledge and agree that
the disclaimers and the limitations of liability set forth in this term of use
reflect a reasonable and fair allocation of risk between you and the eshaastra
parties, and that these limitations are an essential basis to EShaastra’s
ability to make the services available to you on an economically feasible basis
You agree to
indemnify, hold harmless and defend eshaastra from and against any and all
claims, damages, losses, liabilities, judgments, awards, settlements, costs and
expenses (including attorney's fees and court costs) arising out of or
resulting from your use of this Website or the violation by you of any of these
Terms of Use.
Affiliate liabilities
We use affiliate to market our
product. Affiliate means any individuals/companies/institutes/ who will take
some percentage of fee on courses sold by him to the users. Everyone has
his/her ways to communicate his/her message. Sometimes this communication is
not clear between parties. It is not possible to monitor their ways of
communication. Sometimes our services may not be represented clearly
intentionally or unintentionally by the affiliates. So, we recommend our
website users to verify any claim and commitments made by our affiliates.
EShaastra and its all parties/associates/teacher/instructors will not be
responsible for claims made by him/her.
You agree that any cause of
action related to the services must commence within one (1) year after the
cause of action accrues. Otherwise, such cause of action is permanently barred.
Indemnification
You agree to indemnify, defend
(if we so request), and hold harmless EShaastra, our group companies, and their
officers, instructor/teacher, directors, suppliers, partners, and agents from
an against any third-party claims, demands, losses, damages, or expenses
(including reasonable attorney fees) arising from (a) the content you post or
submit, (b) your use of the Services (c) your violation of these Terms, or (d)
your violation of any rights of a third party. Your indemnification obligation
will survive the termination of these Terms and your use of the Services.
Governing Law and Jurisdiction
These Terms are governed by the
laws of India and by entering this website you agree to be bound by the
jurisdiction of Karnal, India only.
Address for Notices
if you have an account on
eshaastra then all the communication will be done via your registered email in
account only. We will not entertain any other email messages. Here your primary
identity is your email. We consider your first identity your email id given by
you at the time of account registration.
Third party can communicate to us
on info@eshaastra.com
Principle to principle agreement:
You and we agree that no joint venture, partnership, employment, contractor, or
agency relationship exists between us.
Special Agreement
We use some special agreements
with our trainers and affiliates. If any trainer or affiliate falls in that
category. Conditions mentioned in that written agreement duly signed by
authorities will prevail.
We have made our website live but
at that time we have mentioned in front of every course this term "under
development" It means we are not selling our courses write now. If you
enrol in an under develop course, then you have to wait till our course
completion.
You agree not to assign or
transfer these Terms (or the rights and licenses granted under them).
9. Dispute Resolution
Any dispute whosoever under this
agreement shall be referred to Arbitration to be held and conducted in Delhi
under the Indian Arbitration and conciliation Act, 1996 only.
10. Modification
We reserve the right to modify
these Terms of Use at any time, and without prior notice, by posting an amended
Terms of Use that is always accessible through the Terms of Use link on this
site’s home page. You should scroll to the bottom of this page periodically to
review material modifications and their effective dates. Your continued use of
this site following our posting of a modification notice or new terms of use on
this site will constitute binding acceptance of the modification or new terms
of use.
11. Use & Restrictions.
Subject to these Terms of Use and
our Privacy Policy, you may use the public areas of this site, but only for
your own internal purposes. You agree not to access (or attempt to access) this
site by any means other than through the interface we provide, unless you have
been specifically allowed to do so in a separate agreement. You agree not to
access (or attempt to access) this site through any automated means (including
use of scripts or web crawlers), and you agree to comply with the instructions
set out in any robots.txt file present on this site. another not authorized to
(i) resell, sublicense, transfer, assign, or distribute the site, its services
or content; (ii) modify or make derivative works based on the site, its
services or content; or (iii) “frame” or “mirror” the site, its services or
content on any other server or Internet-enabled device. All rights not
expressly granted in this Agreement are reserved by us and our licensors.
If you found that any term and
condition is not legal kindly contact us on our below given email ids and wait
for our response. But if you still use our website then you agreed to it.
Internet law is very new, and some countries have their own rules and
regulations. If we missed any terms or if our terms and conditions mentioned
here is not appropriate as per law, then only that particular term is need be
discussed or under dispute. It does not mean the termination of complete terms
and conditions mentioned here.
12.
Affiliate System
You can promote our courses and can earn a good
commission.
Points to keep in mind
·
You will
create an affiliate account on our site that is accessible on our all
platforms.
·
You can share
your affiliate code with the potential users.
·
If they
will buy via your links then you will get commission on that.
·
You can
see number of students enrolled via your code.
·
Commission
will be on the discounted price mentioned at the time of buying.
·
You will
get a flat a commission of 15% on the final amount paid by users from your link.
·
Taxes are
not the part of amount paid. For example.
Case- 1-MRP of the course is 6000Rs and discounted
price is 5000Rs. Total user will pay 5000+18%GST. Affiliate will get 15% of
5000.
o Case-2 If user have some
additional promo codes say of 20%. Then he will pay only 4000 + GST. In that
case affiliate will get 15% of the 4000Rs.
·
If user
has some reference points in his wallet already then he has use those to get
further discount on courses. Affiliate will be paid 15% of the final amount
paid by user.
·
We change
our price frequently for promotion purpose.
·
We do not
share any data of our user with any associates/affiliates/teacher/instructors.
·
Affiliate
will get paid on the direct purchase made via their links. If any of the user
by any course further without your link. There will be no commission involved. Affiliate
will be paid for direct sale only.
13. Channel Partner terms
Kindly
connect us on info@eShaastra.org or info@eShaastra.com
14. How to Contact Us
Please send an email to info@eShaastra.org or info@eShaastra.com with your questions, concerns, and feedback about our
Services.