TERMS OF SERVICE
IDIGIZEN PRIVATE LIMITED, having its registered office at E-251A, SUSHANT LOK 1, OPP PARAS HOSPITAL, GURGAON HARYANA, India, referred to as “Platform”, “We” or “Us” and their connotations, operates a website (URL:https://www.idigizen.com) and a Mobile Application (App Name: iDigizen) is engaged in the service of providing an online marketplace for various kind of courses and a repository for various kinds of academic, non-academic and other extra-curricular activities certificates and records of its users. Platform is primarily for teachers, learners, schools, colleges and any other educational institution. Anyone below 18 years of age is assumed to be a child (“Child”) and has parental consent to use the Platform. The parents of the Child or users above 18 years of age are hereinafter referred to as “You”. The term “Users'' for the purposes of these Terms shall be read as You and/ or Child.
2. Terms of Service
By choosing to visit and/or avail any Services provided by platform, you agree to these Terms (as may be amended from time to time). Please read the following information carefully. If you are a parent or guardian and you provide your consent to your child’s use of the Platform, you agree to be bound by these Terms in respect to their use of the Platform. We reserve the right to change this Agreement from time to time with/without notice. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications.
3. Description of Services
The Service consists of an online platform through which students, teachers, schools, colleges and any other education institutions can create, maintain and enhance the management of their learning records and achievements. The online records are maintained under the profile of each student.
The Services in addition consists of an online marketplace and platform through which Teachers may offer Classes for sale to Parents or Students or schools and other educational institutions. The Platform facilitates online education services to children.
iDigizen’s responsibilities are limited to: (i) providing the Site as an online marketplace and platform to facilitate the sale, purchase, and conduct of Classes, and (ii) serving as the limited agent of each Teacher for the purpose of accepting payments from a Parent on behalf of the Teacher. iDigizen does not control the behaviour of Users or the quality of the Classes.
4. User account registration
- a.As part of the functionality of the Platform, you may link your Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Platform; or (ii) allowing Platform to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account -login information to Platform and/or grant Platform access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach of any of the terms and conditions that govern your use of the Third Party Account and without obligating Platform to pay any fees or making Platform subject to any usage limitations imposed by such third party service providers.
- b.By granting Platform access to any Third-Party Account, you understand that the Platform will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account, so that it is available on and through the Platform. Unless otherwise specified in these TOS, all SNS Content, if any, will be considered to be User’s data for all purposes of these TOS. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personal information that you post to your Third Party Account will be available on and through your Platform.
- c.Please note that if a Third- Party Account becomes unavailable, or User’s access to such Third Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform. You have the ability to disable the connection between your Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Platform and Application. However, under such circumstances, the Services may be discontinued by the Platform, at its sole discretion.
- d.Please note that your relationship with any third- party service providers associated with your third- party accounts is governed solely by your agreement(s) with such third- party service providers. Platform makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Platform is not responsible for any SNS Content.
5. License to Use
Platform hereby grants You and the Child the limited right to access, view and use the Platform only for the purposes of accessing, viewing, posting or submitting User material and user accolades like certificates, letters of recommendations etc. using the embedded link function, placing course orders or for accessing information, applications and services. Platform reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Platform. This license is limited to personal and non-commercial uses by You and your Child. Any rights not expressly granted to You herein are reserved to Platform.
6. Your Registration Obligations
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password and account. You agree to (a) immediately notify iDigizen of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. iDigizen will not be liable for any loss or damage arising from your failure to comply with this Section. You expressly acknowledge and undertake that:
- a.You are competent and have all the necessary legal rights to enter into this agreement on your or your child’s behalf.
- b.You grant your consent to the Platform for yourself and your child to attend and participate in the classes, courses, tests, sessions and/or any other program conducted and/or organized by the Platform on its Platform and in relation to the services provided by the Platform. You undertake that the participation and all the activities done will be under your direct and constant supervision. You further accept full and complete liability arising out of the child’s acts, whether direct or indirect.
- c.You grant your consent for uploading the achievement records of yours and your child on a voluntarily basis. You are responsible for all the records uploaded by you or your child and also for the permissions granted by you to the various institutions which can upload to your profile.
7. Intellectual Property Rights
The Platform retains all rights (including copyrights, trademarks, patents, designs, logos, trade-dress, trade-secrets, know-how as well as any other intellectual property) in relation to all information provided on or via this Platform (including but not limited to the curriculum taught, class recordings, all texts, graphics, photos, illustrations, apps and logos). You undertake that you shall not record, make videos or sound/ audio recordings, take screen shots, click pictures and shall not download, publish, transmit, display, distribute, post, share or make copies or reproduce any of the information contained on this Platform or social media of any of the classes that are conducted by the platform (including the demo sessions) whether in full or in part, unless you obtain prior written approval from the Platform. Any recordings, videos, sound/audio recordings, screen shots, pictures, images, material or content which is obtained in any manner without the prior written consent of the Platform shall amount to breach of the terms and conditions and you shall be solely liable for the said breach under the applicable laws. All other rights are reserved.
8. Class Recordings
Classes that take place through iDigizen are automatically recorded by the platform (“Class Recordings”). We value Student and Teacher privacy, and our use of Class Recordings is extremely limited. Specifically, Class Recordings are made available to:
- a.Provide a viewable copy to students who missed the Class, or who wish to review the Class, for their personal educational purposes.
- b.Review of the Class Recording personally by the trainer in order to improve their Classes.
- c.In addition, the platform may use Class Recordings to provide feedback to Teachers, to improve our Services, for customer support, and for compliance purposes.
The Logit service on the Platform and usage of the Platform for the same is free. Payments made by You shall be according to the courses purchased by You through the Platform. All payments by Users shall be through the payment mechanism put in place by us. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, Online Bank Transfer and Wallet Payment. With reference to Clause 9, the payment gateway mechanisms are governed by the terms and conditions of the third party providers as listed on the Platform and the User agrees to be bound by those terms. Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing Platform. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by us. The refund process may include a feedback call to you and validation of key information that may be required by us to process the refund request. Any free demo sessions provided on the Platform, shall also be governed by these Terms.
10. Refund & Cancelation policy
- A.Cancelation and Refund Policy for Courses
- You can decide to cancel the course at any time during the duration of the course. iDigizen will refund you the pro-rated value for the remainder of the course that you have not completed till the date of the cancelation being processed. Once the cancelation request is received your cancellation will be processed within 48 hours. Once the cancellation is processed you will no longer have access to the course. The refund will be processed in 5 to 10 working days and will be credited back to you. Cancelation request can be made by writing to firstname.lastname@example.org.
- B.Cancelation and Refund of Courses on Sale
- For courses purchased on sale or with special promotional discounts as published on the site cancelation can be requested by writing to email@example.com. For such courses the pro-rated refund (i.e. the refund for the classes that have not completed yet) will be processed in 48 hours of receiving the request. An onsite refund equal to the amount of the remaining classes will be issued and this refund can be used for subsequent purchases.
- C.Cancellation Policy for a Class
- You can decide to cancel your class at least 24 hours prior to the class start time. A class can be cancelled by selecting Cancel Class option on the popup opened by right clicking the scheduled class on the calendar on student dashboard.
- D.Cancelation of workshops, introductory classes, or other one-time promotional courses
- iDigizen does not provide any refund for introductory classes, workshops, and special one-time promotional courses. Such classes, workshops and courses will be clearly marked at the time of purchase and if chargeable then all the sales are considered final and there is no refund available for the same.
11. User Content
Platform offers You and the Child the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information. The Platform may remove content at its discretion, subject only to its express obligations in respect of peer-reviewed articles. Child may choose to write and post reviews on the Platform. We do not encourage your Child to post any Personal Information on the Platform and the ill effects of such revelation shall be borne by the Users. However, You can request the Platform via e-mails to delete any such information posted by the Child. For the purpose of verification, the Platform will review and scrutinize such emails before responding. You warrant and represent that your content, and the content of any website from which You include a link to any site, or to which You post a link from a site, will not be inappropriate. Without limitation, content (and the content of third-party websites) may be considered inappropriate if:
- It is misleading in any way, and/or it gives a false impression as to its origins or approvals;
- It is defamatory, plagiarized (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence;
- It is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by you;
- It prejudices any active or pending legal proceedings of which You are aware;
- It contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
- It infringes any intellectual property rights proprietary to the Platform or any third party;
- It is technically harmful (including content containing, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm the Platform or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
- It advertises or promotes any product or service or makes any requests for donations or financial support;
- It is spam or junk content
- It impersonates another person or otherwise misrepresents your identity, affiliation or status;
- It would be considered a criminal or statutory offense in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
- It is in breach of these Terms and/or of any Additional Terms.
The Platform will not be held responsible or liable for any of the User content provided by You on the Platform website. You must not attempt to avoid or undermine any protections that the Platform may put in place for the security and operation of any website. You hereby explicitly consent to video/ sound recordings of the lectures conducted containing footage of You and/or recording of any video of your Child conducted on the Platform as a part of the Services.
12. User Communication
You hereby explicitly consent to receiving communication from iDigizen by email, telephone, notifications, WhatsApp or text message for the purposes of providing alerts and information about our services.
13. Rule of Conduct
Users must comply with the laws that apply to you in the location that You access Platform’s Services from. If any laws applicable to you restrict or prohibit you from using Services of Platform, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of Platform. You promise that all the information you provide to Platform on accessing and/or using the Services of Platform is and shall remain true, accurate and complete at all times. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. You agree to not use the Service to:
- Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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 telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of iDigizen, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose iDigizen or its users to any harm or liability of any type;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Violate any applicable local, state, national or international law, or any regulations having the force of law;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
- Create software which mimics any data or functionality in the Service;
- Use or deal in the Service except as permitted by these Terms;
- Include contact details intended to enable communication outside of the Service, in any Communication;
- Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
- Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users.
14. Third- Party Services
15. Amendments to Terms
iDigizen reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that iDigizen will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Users will be informed of any amendments to the general Terms via the Platform or via notice by email.
The Platform offers email-based and online support tools. You may access support resources or contact our support by emailing at firstname.lastname@example.org. In some regions or associated with certain partners, we may direct you to obtain support from third party service providers. The Platform does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems, which you may be having. Any suggestions by Platform regarding use of the Services shall not be construed as a warranty.
We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the agreement, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify and hold us harmless, our contractors, and our licensors, and respective directors, officers, employees and agents from and against any all claims and expenses, including attorneys’ fees, arising out of their use of the Services and/or the Platform, including but not limited to the violation of these Terms by the Users.
19. Disclaimer of Warranty and Limitation of liability
THE SITE IS PRESENTED “AS IS.” NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLATFORM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND ONLINE SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR ONLINE SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
20. Exemptions to liability of Platform
You further agree and confirm that Platform shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to your failure to cooperate, your unavailability and/or unresponsiveness, your failure to provide accurate and complete information, your failure to provide or facilitate the submission of User Materials in timely manner, any event beyond Platform’s reasonable control.
21. Governing law
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation thereto the Platform or Services, the Terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Gurugram, Haryana, India and you hereby accede to and accept the jurisdiction of such courts.
22. Typographical Errors
In the event, a course and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the course and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your payment has been completed. In case of completion of payment, we shall immediately issue the refund of the amount.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the Platform’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
The Terms and Conditions are the entire agreement and understanding between you and Platform with respect to the Services and usage of Platform. If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Platform’s prior written consent. Platform may assign, transfer or delegate any of its rights and obligations hereunder without any consent. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
If you have any questions regarding the Services or usage of the Platform, please contact us at email@example.com. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.