THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT (“YOU,” OR “YOUR”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF sarthakclasses.com’S (“OUR”, “WE”, “COMPANY” OR “SARTHAK CLASSES”) SOFTWARE, SERVICES OR OTHER OFFERINGS ON OUR WEBSITE (COLLECTIVELY, OUR “PRODUCT” OR “SERVICE”).
BY USING ANY OF THE COMPANY PRODUCTS OR CLICKING ON THE “REGISTER” BUTTON (BY SIGINING), YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT
The website and its products may give you access to links from third-party Websites (“Third Party Sites”), either directly or through Courses or Tutors. We do not endorse any of these Third Party Sites and do not control them in any manner. Accordingly, Sarthak Classes does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing any Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Sites.
Sarthak Classes reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Website. Changes become effective fifteen (15) days after posting. Your continued use of Products/services after change become effective shall mean that You accept those changes. You should visit the Website regularly to ensure You are aware of the latest version of the Terms.
The Company may modify the Products or discontinue their availability at any time.
You are solely responsible for all data charges, service, telephony, and/or other fees and costs associated with your access to and use of the Products, as Well as for obtaining and maintaining all hardware including telephone, computer, and other equipment required for using and access to our site.
If you elect to access or use Products, from our website, that involve payment of a fee, then you agree to pay, and will be fully responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for any such fees then You hereby represent and warrant that You are authorized to supply that information and hereby authorize us to charge Your credit card on a regular basis to pay the fees as they are due. If your payment method fails or Your account is past due, then Sarthak Classes may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Services/ Products pending resolution of any amounts due by You to Company.
All of Your use, access and other activities relating to the Website and the Products must be in full compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and intellectual property use, and laws related to privacy and personal identity. In connection with Your use of the Products and Website, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Website; frame or embed the Website or Products; impersonate another person or gain unauthorized access to another person’s Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Website; scrape, spider, use a robot or other automated means of any kind to access the Products.
You may only access the content on the website and Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Products on sarthakclasses.com. You agree not to use our Products or the Content (as defined below) to recruit, solicit, or contact in any form Instructors or potential users for employment or contracting for a business not affiliated with us without Our written permission in advance, which may be withheld in Our sole discretion. You assume all and/or any risks from any meetings or contact between you and any Instructors or other Users of the Products.
Specific Obligations of Tutors
If you are instructing Users in connection with a Course You are “Tutor” and the following additional terms and conditions apply, and You represent, warrant and covenant that:
You are subject to the Company’s approval, which we may grant or deny the content in our sole discretion;
You need to visit the sarthakclasses.com and complete the user registration.
You will be responsible for all of Your Submitted Content, that You own or have the necessary, consents, licenses, rights and permissions, and have the authority to authorize Company, to distribute, reproduce, publicly perform (including by means of a digital audio transmission), publicly display, promote, market, communicate to the public, and otherwise use and exploit any of Your Submitted Content on and through the Products in the manner contemplated by these this Instructor Agreement, and that no Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
You have the required knowledge, qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on and through the Website and the Products;
You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content;
You will not upload, post, write or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Products or to Users;
You will not use the Products for any business other than for providing tutoring, teaching and instructional services to Users of the Website;
You will not engage in any activity that will require Sarthak Classes to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
You will not copy, modify or distribute Company Content except as permitted in this Instructor Agreement;
You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
You will maintain Your enrolment and account information, and all such enrolment and account information shall be accurate;
Specific Obligations of Users using the Website
If You are a User in search of, or engaging, Instructors, You represent, warrant and covenant that:
You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Website or registering for a Course;
If You are under the age of 18, You have obtained parental or legal guardian consent before using the Website, contacting an Instructor, or registering for a Course.
You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Website or the Products;
You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content;
You will not distribute, reproduce, publicly perform, publicly display, communicate to the public, create derivative works from or otherwise use and exploit any Company Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable;
You will not disclose any of your personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, and taking appropriate steps to protect such information; and You will not solicit personal information from any Instructor or other User
To use certain Products on Sarthak Classes, You will need to register and obtain an account that includes username and password. When You register on sarthakclasses.com, the information You provide to us during the registration process will help us in offering relevant content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your “Account”) and for all activities associated with or occurring under Your Account. You warrant and represent that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of the security of Your Account, and (b) ensure that You exit from Your Account at the end of every use of the Products. We cannot and would not be responsible for any loss or damage arising from the failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to You notifying us of unauthorized access to Your Account.
You may not transfer Your Account to any other person or company and You may not use someone else’s Account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You will be fully responsible for (i) the conduct of such User on the website; (ii) controlling the User’s usage and access to the Products; and (iii) the consequences of any misuse with the account or content.
Content, Licenses & Permissions
All technology, software, materials, information, designs, text, links, communications, graphics, animations, electronic art, photographs, illustrations, artwork, audio clips, video clips, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where the Company provides Content to You in connection with the Products or Services, including, without limitation, the Software and the Products and the Website, it is “Company Content.” Content uploaded, transmitted or posted to the Website or through the Products by a User or Instructor is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitations. You hereby warrant and represent that You have all the licenses, rights, permissions, permits, and consents, necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Sarthak Classes shall not need to obtain any licenses, consents, rights, permits, or permissions from, or make any payments to, any third party for use and/ or exploitation of Your Submitted Content as authorized in the Terms mentioned here or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.
You hereby grant Sarthak Classes a non-exclusive right and license to distribute, reproduce, publicly perform, offer, market and otherwise use and exploit Submitted Content on the Website and through the Products, and sublicense it to Instructors and Users for these purposes directly or through third-parties.
All other uses are expressly prohibited to use the Company content or submitted content unless with the company’s express written consent. You may not distribute, reproduce, assign, transmit, rent, sell, broadcast, lend, share, adapt, modify, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless Sarthak Classes gives You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You.
You agree that Sarthak Classes may record all or any part of any Course related communication (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Website and the Products. You hereby grant the Company a permission and release to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Website, Products, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith. You also agree that Sarthak Classes reserves the right to use your testimonials (related to course and website) for marketing, promotion and advertising of the website. Sarthak Classes will however remove testimonials written by You in case of a written request from You (only from your email registered with sarthakclasses.com) for removal of such testimonials within 90 days of receiving such written request.
THE COMPANY RESPECTS ALL PRIVACY, COPYRIGHT, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE ANY VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, THE COMPANY DOES NOT SCREEN THE SUBMITTED CONTENT FOR ACCURACY AND AUTHENTHICITY AND ALL USE OF THE CONTENT BY YOU IS AT YOUR OWN RISK AND SARTHAK CLASSES SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE WEBSITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY OF YOUR SUBMITTED CONTENT IS FREE OFVIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If You believe that Your Submitted Content violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party, it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to us immediately.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
THE PRODUCTS, WEBSITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE OR THE PRODUCTS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND AND THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
Limitation of Liability
NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABLITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS. THE COMPANY’S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE.
You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate with such defence and in asserting any available defences.
We may terminate Your use of the Products or Website immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Website from time to time. We may discontinue offering any Product, Course, or Content at any time (which will terminate Your right to offer these Courses if You are an Instructor). You may terminate Your use of the Website or the Products at any time, either by ceasing to access them, or by contacting us at [email protected] (but if You are an Instructor then Users enrolled in Your Courses prior to termination shall continue to have access to them for the duration of the Course). We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Website, Products and Content. Any accrued rights to payment and all representations and warranties shall survive termination.
Code of Conduct
In using our Site and Services, you agree to follow our Code of Conduct. Violation of our Code of Conduct may result in the immediate removal of your access to this site.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Limitation of Liability
By using our Services, you agree that Sarthak Classes will not be liable for any indirect, incidental, special or consequential damages, loss of revenue, loss of data or emotional distress resulting from your use of the Site or services. We do not promise that the content/tutorials on our site are error-free.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Sarthak Classes.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately. Contact Us
If you have any questions about this Agreement, please contact us at [email protected]
Entire Agreement. These Terms and any policies applicable to You posted on the Website constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
These Terms and Your use of the Website and the Products shall be governed by the substantive laws of the Singapore without reference to its choice or conflicts of law principles.