Terms And Conditions
A. About Shaw Edutech
The domain name, Website are owned, registered and operated by Shaw Edutech, a private company incorporated under the “Maharashtra Shop and Establishment Act 2017” and having its registered office at Sr. No. 142, Sant Namdev Road, Near Vaishnav Mandir Opposite to Akurdi Railway Station, Walhekarwadi, Chinchwad, 411044, Pune, Maharashtra, India, (hereinafter referred to as “Shaw Edutech” or “ us” or “we” or “our” or “Company”).
B. Shaw Edutech Platform
1. These Terms and Conditions apply to all Users of the Shaw Edutech Platform, including educators who are also contributors of User Content on the Shaw Edutech Platform. The Shaw Edutech Platform includes all aspects of the Website which includes but is not limited to products, software and service offered via the Shaw Edutech Platform.
2. Shaw Edutech Platform is a platform that provide online coaching to class 8-12 std via googlemeet, zoom application.
C. Shaw Edutech Accounts
In order to access some of the features of the Shaw Edutech Platform, you may have to create your account with Shaw Edutech. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify Shaw Edutech immediately of any breach of security or unauthorized use of your account. At no point in time will Shaw Edutech be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to Shaw Edutech or others due to such unauthorized use, if any.
D. Content Use
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content. 1. Shaw Edutech Content utilized on the Shaw Edutech Platform which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics are owned by or licensed to Shaw Edutech and subject to copyright and other intellectual property rights under the law.
E. Shaw Edutech Intellectual Property Right
The Shaw Edutech Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Shaw Edutech Platform is owned and controlled by Shaw Edutech and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content. Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, Shaw Edutech owns all IPR to and into the trademark “Shaw Edutech”, The mark “Shaw Edutech” is the sole property of Shaw Edutech. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from Shaw Edutech.
Any refunds that are to be processed shall be processed in accordance with Shaw Edutech’s refund policy.
G. Electronic Communication
When you visit Shaw Edutech Platform or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on Shaw Edutech Platform. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
H. Termination of Account
Shaw Edutech will terminate a Users access to the Shaw Edutech Platform, if
1. the User is a repeat copyright infringer;
2. the Users breaches any terms of these Terms and Conditions.
3. Violation of any applicable laws;
4. your use of the Shaw Edutech Platform disrupts our business operations or affects any other party/ User.
5. you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against Shaw Edutech.
6. Shaw Edutech reserves the right to decide whether User Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that Shaw Edutech deems fit from time to time. Shaw Edutech may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's account for submitting such material in violation of these Terms and Conditions.
7. We may suspend access to the Shaw Edutech Platforms or require You to change Your password if we reasonably believe that the Shaw Edutech Platforms have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the Shaw Edutech Platforms will not affect liability previously incurred by You.
I. Effective of Termination
In case any of the above-mentioned cases occur, Shaw Edutech reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:
1. Shaw Edutech shall at its sole discretion withhold or stop any and all payments that are to be made to such User and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.
2. Payments shall not be made for the work that is the subject matter of any of the breaches.
3. User access shall be terminated immediately, and the User shall not be able to access the said terminated account.
J. Copyright Infringement
As part of Shaw Edutech's copyright policy, Unacademy will terminate User access to the Shaw Edutech Platform if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
You will not without obtaining prior written consent of Shaw Edutech, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Shaw Edutech Platform. For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to Shaw Edutech or Shaw Edutech Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of Shaw Edutech and any breach of the same shall cause irreparable damage to us.
YOU AGREE THAT YOUR USE OF THE Shaw Edutech PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Shaw Edutech, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Shaw Edutech PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, Shaw Edutech EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON Shaw Edutech, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Shaw Edutech PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Shaw Edutech PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Shaw Edutech PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Shaw Edutech PLATFORM. Shaw Edutech DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR Shaw Edutech PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Shaw Edutech PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Shaw Edutech WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
M. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Shaw Edutech, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT Shaw Edutech, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR Shaw Edutech PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Shaw Edutech PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR Shaw Edutech PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Shaw Edutech PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Shaw Edutech IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, Shaw Edutech LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE Shaw Edutech PLATFORMS AGAIN. YOU SPECIFICALLY ACKNOWLEDGE THAT Shaw Edutech SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE Shaw Edutech PLATFORM IS CONTROLLED AND OFFERED BY Shaw Edutech FROM ITS FACILITIES IN INDIA. Shaw Edutech MAKES NO REPRESENTATIONS THAT THE Shaw Edutech PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE Shaw Edutech PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Shaw Edutech, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Shaw Edutech Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Shaw Edutech Platform.
O. Eligibility to use and Acceptance of the Terms and Conditions
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the Shaw Edutech Platform. Shaw Edutech reserves the right to refuse access to use the Shaw Edutech Platforms to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so. We provide these Terms and Conditions with our Shaw Edutech Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the Shaw Edutech Platform is subject to the most current version of the Terms and Conditions made available on the Shaw Edutech Platform at the time of such use.
P. Force Majeure
Shaw Edutech shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
Q. Information Technology Act
R. Other Laws
Certain laws require to maintain data with respect to the Shaw Edutech Platform and other personal information in a prescribed format and Shaw Edutech will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
S. Governing Law and Jurisdiction
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Pune, Maharashtra India.
T. Modification, Amendment or Termination
Shaw Edutech may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Shaw Edutech Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Shaw Edutech Platform shall be in writing and sent to the registered office of Shaw Edutech. We do not guarantee continuous, uninterrupted or secure access to the Shaw Edutech Platform, and operation of the Shaw Edutech Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.