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Terms & Condition

Last updated on 5th September 2019

1. Introduction

1.1 www.ourselfstudy.com is an online portal, owned by Sagacious Selfstudy Technologies LLP, a Limited Liabilities Partnership incorporated in India, to facilitate & provide supporting services like online mock tests, test series, doubt clearing, tutoring for preparation of school, board and entrance examinations.

2. General

2.1 Sagacious SelfstudyTechnologies LLP, a Limited Liabilities Partnership (hereinafter referred to as "company", "we / We", "us" or "our") provides online supporting services for preparation of school, boardor entrance examinations. (the "Services"),through www.ourselfstudy.com (hereinafter, the "Website" or "Site") and as OurSelfStudy application for mobile, tablet, other smart devices and application program interfaces (collectively, the "Applications").

2.2 For clarity, in the, Terms & Conditions(Terms)'you / You','your / Your' or 'user' means any natural or legal person who uses the Website or Applications and each entity on whose behalf the user acts. 'Tutor' or 'Teacher' refers to the user who has applied or registered on the Website for providing tutoring or teaching services. 'Content' refers to any text, image, lectures, tutoring class, tutoring session or anything found on the Website or Applications. 'Tutee' refers to user who has searched for Tutor or availed services of tutoring or homework help on the Website. 'Student' refers to the user who avails of the services (not providing services) of the Website, in case of minor student the parent or guardian who register their child or ward on Applications or Site.

2.3These Terms & Conditions (Terms) apply to all users of the Website and any associated services. By accessing or using the Websiteor downloading the Applications you will be deemed to agree to these Terms & Conditions without qualification.

2.4 Please read the Terms carefully before accessing or using the Site, Applications, Services or downloading or posting any Content from or on the Site, as they contain important information regarding your obligations, legal rights and remedies.

2.5 If you do not agree to be bound by these Terms, please do not use the Website or continue to use the Website, and your use of the site will signify your acceptance of these Terms & Conditions.

2.6 The headings of each section in this Terms & Conditions are only for the purpose of organising the various provisions under thisTerms & Conditions in an orderly manner. These headings shall not be used by either party to interpret theprovisions contained under them in any manner. Further, the headings have no legal or contractual value.

2.7 We have the right to change or modify these Terms & Conditions without any prior notification or permission. The relationship creates a duty on you to periodically check the Terms & Conditions and stay updated on its requirements. You accept to any changes in the Terms & Conditions by continuing to use the Website.

2.8 The user of the Site has the sole responsibility for backup and adequate protection of data and/or equipment used to access the Site.

2.9 The contents of the page of the Website is for your general information and use only and is subject to change without any notice.

2.10 In certain parts of the website for question answer, we use Artificial Intelligence (AI) to answer your questions and we have mentioned the same on the page of the Website. The answers, responses and suggestions given by the Website or Applications using Artificial Intelligence Technology should only be used as hints and/or reference points and you may refer to these along with other books, peers and any other sources for confirmation.

3. User Conduct

3.1You agree to abide by all applicable laws, regulations and codes of conduct (including self-regulatory) and you agree to be solely responsible for all things arising from your use of the Website, Applications or Services. You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic, political and racist in nature;

c) that is false, deceptive, misleading, deceitful, misinformative or constitutes "bait and switch";

d) that harasses, degrades, intimidates or hateful an individual or a group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

e) that impersonates any person or entity, including, but not limited toan employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

f) that advertises any illegal service or the sale of any item, the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Indian law;

g) that promote the services or opportunities of other company, service provider or make an impression of acting as an agent for other company or service provider;

h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

i) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or associated infrastructure;

j) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Services, or that otherwise negatively affects other users' ability to use the Services;

k) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services;

l) that violate any applicable laws or regulations for the time being in force within or outside India;

m) that disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;

n) that threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;

3.2 You are bound not to cut, copy, audio recording, video recording, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any Content, information orsoftware obtained from the Website. Limited, unlimited reproduction, copying, recording of the Content for commercial or non-commercial purposes and unwarranted modification of data or information within the Content of the Website, Services or Applications is not permitted.

3.3 You agree not to access (or attempt to access) the Website and/or the Content or Services by any means other than through the interface that is provided by the Website or Applications. The use of other automatic device, program, algorithm or methodology, or any manual process, to access, acquire, copy any portion of the Website or Content is not permitted. To obtain or attempt to obtain any Content, documents or information through any means not specifically made available through the Website is prohibited.

3.4 Only the person who has registered will be allowed to access our services, Site and Applications. If at any point of time we find out that your account is being used or the Content is being viewed by anyone else, we reserve the right to terminate your account without any prior intimation.

3.5 Incase of any illegal activityis brought to our attention we may take action if required.

4. Conduct as a Tutee

4.1 If you are a Tutee, in addition to user conduct following terms also apply to you:

a) A Tutee, or where relevant their parent/guardian, is responsible for verifying the credentials, expertise, references, checks and qualifications of any Tutor with whom they propose for tutoring. We do not offer any guarantee that information provided by the Tutor on the Website is accurate and correct.

b) Before you fix up a Tutor you may be required to submit and confirm information in relation to Student and tuition requirements.

c) We do not take any responsibility for the conduct and behavior of the Tutor. It is the responsibility of parent/guardian/tutee to ensure that class is conducted properly monitored during any tuition session. In the unlikely event that you are unhappy with any conduct from a Tutor discontinue the tuition session immediately and must report to your parents/guardians. You may inform us immediately; within 12 hours of the class taking place.

d) Tutees are not allowed to share any personal details with Tutors nor engage in any personal conversation with them.

e) Tutees must not under any circumstances use our Tutors for tutoring or academic support at a later stage outside of the Website or Applications. We have the right to take full legal action if we find the Tutee has used our Tutors in the future outside of the Website or Applications.

f) A Tutee must contact a Tutor through the Websiteor Applications. Any other means of communication is prohibited.

g) A Tutee must not publish any abusive comments about a Tutor, Tutee or user on the website or any other place. This includes defamatory or derogatory comments.

5. Conduct as a Tutor

5.1 If you are a Tutor, in addition to user conduct following terms also apply to you. You as a Tutor;

a) acknowledge that you are not an employee, agent, joint- venturer or partner of us for any reason but rather an Independent contractor; as such you accept full responsibility for all Income Tax, provident fund, insurance and other taxation or employment-related responsibilities arising in connection with your involvement.

b) acknowledge that you act exclusively on your own behalf and for your own benefit and not on behalf of us for the benefit of us.

c) acknowledge and agree that all information like qualification, experience etc provided by you on the Site or Applications are true and correct.

d) must not try to gain Tutee's or other user's personal details or engage with them for any tutoring business in the future outside of the Website or Applications.

e) should not talk to the Tutees or other users about anything unrelated to their tuition, and should fully utilise the hour(s) booked for tutoring.

f) agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of us, including by inappropriately using any our intellectual property.

g) acknowledge that your Tutor profile and details entered or provided by you (including photograph) on the Website will be publicly visible and may appear in search engine results.

h) must contact a Tutee only through us or the Website or Applications. Any other means of communication is prohibited.

i) must not be in any way be abusive about a Tutee or his nominee on the Website or any other place.

j) are responsible for conducting classes professionally and punctually If the Tutee and or Parents/Guardian reject for a valid reason, the Tutor will not be paid for any tutoring carried out.

5.2 Tutor will be paid as agreed as per the Tutoring Agreement entered between the Tutor and Us.

6. Eligibility

6.1 Use of the Site, Applications and Services is available only to persons who can form legally binding contracts under Indian laws. The Site, Applications and Services are intended solely for persons who are 18 years of age or older. However, if you are a minor, i.e. under the age of 18 years, you may use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions..

7. Registration

7.1 In order to access certain features of the Site and Applications you are required to register or take admission on the Site or Applications & create an account ("Account"). You get registered or admitted to use the Services by providing your basic details on registration, admission, application or booking form on the Website or Applications. A Teacher or Tutor is also registered and an account ("Account") created once filled up registration / application form for providing services through the Site or Applications.

7.2 Your Account and your Account profile page will be created for your use of the Site and Applications based upon the personal information you provide to us. The Company shall collect the personally identifiable information about you: name, email address, mobile phone number and other contact details, demographic profile (like your photo, educational details etc,). Information collected about you is subject to the Privacy Policy of the Company, which may be read as part of the Terms.

7.3 You may not have more than one Account

7.4 Registration or application for Tutor on the Site or Applications does not confirm selection by us. We reserve the right not to select / approve a tutor profile without explanation.

7.5 You agree to provide accurate, true, current and complete information during the registration process and to update such information to keep it accurate, true, current and complete. We reserve the right to confirm and validate the information and other details provided by the user at any point in time. If upon confirmation such user details are found untrue/doubtful (wholly or partly), we have the right in its sole discretion to reject the registration, admission, suspend or terminate your Account and your access to the Site, Applications and Services.

7.6 You agree that providing inaccurate, fraudulent, not current, incomplete, or otherwise information on the Site or Applications at any process or step is violation of the Terms and to be considered as cheating and/or criminal offence.

7.7 Access to some of the Services or Content may require registration or admission. By creating an Account and making use of the Website you agreed to abide by any and all of the following Terms governing use of the Website.

7.8 You will be provided with a password and it is personal to you. You are responsible for safeguarding your password. We recommend you to keep changing password to maintain the confidentiality of your password.

7.9 You agree at all times to maintain the confidentiality of your password and not to disclose your password to any third party. You agree that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.

7.10 We reserve the right, at any time and without prior notice, to remove or terminate or disable access of any user for any reason, that we, in our sole discretion, considers to be objectionable for any reason, in violation of these Terms or our then-current standards or harmful to the Site, Applications or Services.

8. Intellectual Property Rights

8.1 We hold all the ownership rights on the Website, all available Content and Applications. Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and Content on the Website. Subject to the license in the Terms, all our intellectual property rights are reserved.

9. License touse Website or Applications

9.1 We grant you a limited non-exclusive, non-transferable license to download and install a copy of the Applications on each mobile device or computer that you control and run such copy of the Applications.

9.2 You agree not to attempt to gain unauthorized access to any portion or feature of the Site, Applications, by hacking, or any other illegitimate means.

9.3 You are prohibited from using any of the marks or logos appearing on the Site without permission from us.

9.4 You may view, download (for caching purposes only)Content of the Website, solely for your personal and non-commercial purposes.

9.5 You will not download (other than page caching) from the Website, or any portion of the Website or Applications or any Content of the Website. You will not use, copy, record (video or audio), adapt, modify, distribute, license, sell, commercial use, transfer, publicly display, transmit, broadcast, upload or otherwise exploit the Site, Applications, Content.

9.6 No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned by us or our licensors.

9.7 We shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of theTerms.

9.8 You may upload, publish, submit or transmit, stream Content using features of the Website or Applications. By making available anyContent on or through the Site, Applications you hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, commercial use, transfer, publicly display, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, by means of or to promote or market the Site, Applications. We do not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content. You acknowledge and agree that you solely responsible for all Content that you make available on the Site, Applications.

9.9 You agree not to host, display, upload, modify, publish, transmit, stream, update or share any information which:

a) Does not belong to you and on which you do not have any right or belongs to another person;

b) infringes any patent, trademark, copyright or any other proprietary/intellectual property rights;

c) violates any law for the time being in force;

d) deceives or misleads the addressee;

e) is misleading or known to be false in any way;

f) you are not very sure or having doubt on it;

10. Privacy

10.1 In order to provide the services to you we collect some of your Personal Information. We describe our collection and use of personal information in our Privacy Policy. We encourage you to read the Privacy Policy and to use the information it contains to make informed decisions regarding your personal information. You agree to the processing of your personal information as laid out in our Privacy Policy (as may be updated from time to time). Please also note that certain information, statements, data and Content (such as but not limited to photographs) which you provide on the Website are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge and agree that your submission of such information is voluntary. Further, you acknowledge, consent and agree that we may access, preserve, and disclose information you provide to us.

10.2 You are responsible for preventing unauthorized access to your account.

10.3 We will take care of all your personal information and comply with all applicable legislation currently in force. By visiting or registering on the Website you agree that we may use any personal information provided by you.

10.4 The Services may allow you to connect and share your actions, comments, content, and information publicly or with other program participants. We are not responsible for maintaining the confidentiality of any information you share publicly or with other program participants.

10.5 We have the right at all times to disclose any information (including the identity of the persons providing information or Content on the Website).

10.6 The Services may allow you to connect with us and share on third-party websites. Please understand your personal privacy needs and the privacy needs of others, as you choose whom to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others. We also do not control the privacy practices of third parties. Please contact those websites and services directly if you want to learn about their privacy practices.

11. Limitations of liability and Indemnification

11.1 We shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation, whether direct, indirect or consequential, which may be suffered or incurred by the user arising from or in any way connected with us or by using the Services.

11.2 The final decision to select a Tutor rests with the user. We can give no warranty, representation or undertaking neither as to the suitability, honesty or capability neither of any Tutor nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the Tutor. Verification of all such user's information is beyond our scope and not our responsibility.

11.3 We provide various means & practice platform to improve your performance. While we try and do our best effort for your improvement in examinations; we shall not be held responsible for the result as there are multiple factors which affect your result in examinations. We are also not responsible for ensuring your entry into any examination.

character and conduct

11.4 We cannot vouch for any character and conduct of our Tutor.

11.5 You acknowledge that it would be unreasonable to hold us liable in respect of theWebsiteor the Content on theWebsite or the Services. While we endeavour to ensure that the information on theWebsite, Applications or the Services is correct, we do not warrant completeness or accuracy of the Website, Content, Applications or Services; nor do we not commit to ensuring that the Website remains available or that the Content on theWebsite is kept up-to-date.

11.6 We will not be held responsible for the authenticity of views and comments of users on the Website.

11.7 We have no obligation to monitor the Content posted on the Website or Applications.

11.8 We make no warranty about error-free, accurate, secure, uninterrupted, timely service.

11.9 To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill). Our liability is limited and excluded to the maximum extent permitted under applicable law. We, our shareholders, directors, officers, employees or agents will not be liable for any direct, indirect or consequential loss or damage arising under these Terms & Conditions or in connection with theWebsite or Content, whether arising in contract, or otherwise - including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.

11.10 However, nothing in these Terms & Conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

11.11 In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website.

11.12 In some section of the website we have mentioned use of Artificial Intelligence (AI). While we endeavour to improve the AI technology and ensure that the information provided by the AI technology is true and accurate, we do not warrant the completeness or accuracy of the answers, responses, and suggestions given by the Artificial Intelligence technology in answering your queries. We take no warranty, responsibility or undertaking and shall not be held liable for the answers, responses and suggestions and on their accuracy given by the Website using Artificial Intelligence Technology.

11.13 You agree to indemnify, defend and hold harmless the Website, company including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Website, any claim that your material caused damage to a third party, your violation of the Terms, or your violation of any rights of another, including any intellectual property rights.

12. Copyright

12.1 We respect copyright law and expect our users to do the same. It is our policy to take any action we deem appropriate and also terminate the user's access and accounts or other account holders who infringe or are believed to be repeatedly infringing the rights of copyright holders.

13. Disclaimer of Warranties

13.1 You agree that use of the Site, Content and the Services is entirely at your own risk for which we shall not be liable. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. We disclaim any warranties for the security, reliability, timeliness, accuracy, completeness and performance of the Website, Applications, Content and the Services.

13.2 You may be exposed to Content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive Content on the Website. Further, you may report such offensive Content to us.

14. Tutor & Course Listings

14.1 We will display on the Site various available online courses. Fees regarding tutoring classes will be displayed on request or will be displayed as an hourly rate of the Tutor. We understand and agree not to ask user to pay a higher price than that mentioned in the Site or Applications.

14.2 You understand and agree that the placement or ranking of listings in search results may depend on a variety of factors, including, but not limited to user's preferences, ratings. User will be able to view list ofTutors on the Site, Applications or by Services based upon the information provided by user, user's requirements, and user's search parameters and preferences.

15. Payment Terms

15.1 We will collect the fees from the user at the time of the admission or confirmation of request for tutor.The Fees payable and details like access duration, number of sessions, total duration will be displayed to the user before the user making payment to us. We collect payment only through online or digital process through the Website or Applications.

15.2 Transactions on the Website are secure and protected. Any information entered by the user when transacting on the Website is encrypted to protect the user against unintentional disclosure to third parties. The User's credit and debit card information, and any other bank details are transacted only over approved payment gateways and we do no handle such data. We may, however, receive details of such transactions. We ensure that such details are not disclosed to any third party unless required by law.

15.3 Once the payment is successful you will receive a confirmation email.

15.4 You agree that no refund or cancellation will be permitted after making the payment.

16. Cancellation & Return

16.1 We do not provide any option for cancellation. Once the payment made by you, we cannot provide any refund, either totally or partially.

17. Third-Party Links

17.1 The Site, Applications and Services may contain links to third-party websites or resources. We are not responsible for the privacy practices of such websites or the Content of linked websites and Applications. We are also not responsible for the availability or accuracy of such websites or resources.

17.2 These links are provided solely for your convenience to provide further information. They do not signify that we endorse,sponsor or recommend the website(s). We accept no responsibility for the content of the linked website(s).

17.3 We may also allow third-party websites or applications to link to ourApplications, the Website.

17.4 You are solelyresponsible for and assume all risk arising from your use of any such websites or resources or the Content.

18. Violation of Terms and Liquidation Damages

18.1 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that in the event of any breach, we may pursue legal action to enforce these Terms and you will be liable to pay us liquidated damages for any breach.

19. Violation of Terms and Liquidation Damages

19.1 The Services is provided as-is and on an as-available basis. We give no warranty that the Services will be free of defects and / or faults. To the maximum extent permitted by the lawwe provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, completeness, compatibility and satisfactory quality of Services, Website, Content and Applications.

19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

19.3 We may change or discontinue the availability of the Website or any part thereof at any time without prior notice.

20. Termination

20.1 Breach of any of the terms of this Terms & Conditions constitutes a termination of the Terms & Conditions. This Terms & Conditions is effective unless and until terminated by either you or the company. You may terminate this Agreement by discontinuing any further use of the Website. The company may terminate user at any time and may do so immediately without notice and accordingly deny you access to the Site. Such termination will be without any liability to the company. Any and all amounts due under this Terms & Conditions shall survive the Term of this Terms & Conditions for any such termination.

21. Severability

21.1 If any provision of the Terms shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall in no way be affected or impaired thereby and each such provision of the Terms shall be valid and enforceable to the fullest extent permitted by law. In such a case, the Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

22. Waiver

22.1 Our failure to exercise or enforce any of our rights in connection with the Terms shall not constitute a waiver of any such right unless acknowledged and agreed to by us to you in writing.

23. Reporting of Violations

23.1 Please report any violation of these terms to:info@ourselfstudy.com

24. Law and jurisdiction

24.1 This notice will be governed by and construed in accordance with the Indian law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of Karnataka, India.

25. Notices

25.1 Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail transmission in each case addressed to you at the e-mail address you have given us or to us at the e-mail address displayed on the Website.

26. Entire Agreement

26.1 These Terms & Conditions, together with our Privacy Policy constitute the entire agreement between you and us in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website, Applications and Services.