ShikshaLokam

TERMS OF USE

This Terms of Use (“Terms of Use”/ “Terms”) governs the User(s) (as defined below) and the Mentor(s) (as defined below) availing the Services (as defined below) being offered by Advaith Foundation, through the application owned and maintained by it namely MentorED (“Application”). Advaith Foundation has its principal place of business at #52, Lakshmipura Village, Jigani Hobli, Anekal Taluk (Off Bannerghatta Road), Bangalore – 560083, Karnataka (“Advaith” or “we” or “our”).

For the purposes of this Terms of Use, the Users and the Mentors shall collectively be referred to as “you” or “your”.

By using, viewing or accessing the Application, you hereby: (a) acknowledge that you have read and understood these Terms of Use and the Privacy Policy (as defined below) and will comply with these Terms; and (b) represent that you are legally competent to enter into a binding agreement. 

We may modify the Terms of Use, any time by posting the changes on the Application without giving you any notice. Your continued use of any Services after the new and/or revised Terms are effective, indicates that you have read, understood, and agreed to those Terms. If you do not agree to the existing or revised Terms of Use, you should not use, access or view the Application.

1. Definition:

a. “Mentor” means and refers to mentor/ domain expert, an individual registered on the Application and who may avail the Services; 

b. “Privacy Policy” shall mean the privacy policy;

c. “Services” shall mean and refer to:

  1. access by Users of the Application in order to attend and participate in the sessions and access the articles, content, collections, courses, blogposts and write – ups that may be featured on the Application and/or the functionalities available on the Application;
  2. access of the Application by the Mentors in order to conduct sessions, create, upload or modify the Mentor Content on the Application either independently or using the functionalities available on the Application; 

d.  “User” means and refers to Mentee, an individual, registered on the Application who may avail the Services; 

e.  “Account” means an account created by the Users or the Mentor to avail the Services;

f. “Mentor Content” means information including sessions, session recordings, videos, content, collections, courses, articles, blogposts, write – ups which are created and uploaded by the Mentor on the Application; 

g. “User Content” shall include information, content provided by the User including any inputs provided by a User during the session and any session interactions between the Users and the Mentors;

h. “Information” shall mean any information provided by the User or the Mentor including but not limited to name, date of birth, telephone number, email address and location, designation for the creation of an Account or otherwise for the purpose of availing/accessing the Services.

Part A: Terms applicable to the Mentors and the Users.

1. Access to the Application:

  1. You understand that for the purpose of Services through the Application you will be required to create an Account and provide accurate information including Information for the purposes of registering you as a use.
  2. You represent that you have all rights required to provide the information that you have provided to the Application, including the Information and represent that they are true and accurate.
  3. You will be solely responsible for your acts on the Application including those conducted under the username assigned to you, using your Information.
  4. You understand that for the purpose of promptly receiving information, other updates and correspondence from the Application, you will be required to provide accurate Information.
  5. All Information will be used and processed in accordance with these Terms of Use and the Privacy Policy. You agree that you have read and understood the Privacy Policy.
  6. Advaith may in its sole discretion permit or deny your attempt to access or use the Application and you waive any right to claim access to or use of the Application or any other claim that you may have. Any data of your usage may be retained or deleted at Advaith’s sole discretion in accordance with the applicable laws.
  7. You understand that the Application shall adhere to reasonable security measures deemed to be appropriate by Advaith for the provision of the Services, including, without limitation, using reasonable measures to secure your information (including Information) from unauthorized access and modifications. Such security measures shall be no less stringent than the measures used by Advaith to secure its own information. You will not take any action that will cause a breach of the security measures used by Advaith.

2. Permitted Uses:

  1. You will use the Application, the features and functionalities of the Application, any information available therein and avail the Services in accordance with these Terms and all applicable laws and regulations.
  2. These Terms of Use are in addition to any other agreement(s) you may have with Advaith for your use of the Application.

3. Prohibited Uses:

In relation to the use and access of the Application, its content and features, you agree and undertake not to:

(a) upload, modify, transmit, publish, update or share:

  1. any information or material on behalf of a third party, including any information of any person other than you that you do not have a right to disclose due to contractual confidentiality obligations or fiduciary duties, and more specifically, you will not impersonate another person; 
  2. any information or material that violates any law for the time being in force, harms minors in any way, deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature, defames, harasses or threatens others, contains obscene (i.e., pornographic) language or images;
  3. any viruses or any other computer code, files or programs or other malware, designed to corrupt, interrupt, limit the functionality of, destroy or otherwise impact either the Application and/or Advaith’s computer systems/security measure, or the phone system of other Users or Mentors or third-party systems;
  4. any information infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets;
  5. any information which otherwise harms other Users, other Mentors or visitors to the Application;
  6. any information which probes, scans, or tests the vulnerability of any system or network;

(b) violate the privacy of any person;

(c) use the Application in any manner which is not permitted under these Terms of Use or in any manner which is illegal or unethical, including hacking or using log in credentials of any other User or Mentor;

(d) use the Application for any unauthorized marketing purposes or for sending any unsolicited materials; 

(e) Re – sell, grant any rights to third parties to the Services, lease, time-share, lend or rent the Services.

4. Indemnity:

You agree to indemnify and hold harmless, Advaith, its trustees, its officers, employees, authorized representatives and agents, against any claims, losses, damages or costs arising from (i) your use of the Application and/or any acts/ omissions in relation to the use thereof; (ii) third party infringement claims arising from the Mentor Content or User Content generated by you; (iii) your breach of these Terms of Use; (iv) your use of the Services.

5.Intellectual Property:

  1. The Mentors and the Users agree and acknowledge that all content, material, information and the contents of the Application (apart from Mentor Content and User Content) including but not limited to logos, designs, databases, arrangement of databases, user interfaces, response formats, software, pictures, icons, including any intellectual property rights therein, are the sole property of Advaith or its licensors as the case may be. Save for the limited rights granted to the Mentors and Users as detailed in this Terms of Use, no other rights or interests are being granted to the Mentors and Users.
  2. You have no right to use any search mechanisms other than that provided on the Application and you will not use any web-crawling application or any data harvesting tools to harvest data of any sort from the Application.

6.Disclaimers:

  1. The Application and any content or information therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, any implied warranties of merchantability, error- free, fitness for a particular purpose, or non-infringement. Advaith does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the content of Advaith. Advaith does not warrant that the Application will operate in an uninterrupted or error-free manner or that the Application is free of viruses or other harmful components.
  2. Advaith does not make any representation regarding your ability to upload, modify, update, transmit and/or receive information from or through the Application, and you agree and acknowledge that your ability to access the content made available on the Application may be impaired.
  3. Advaith disclaims any and all liability resulting from or related to such events or the access or use of the online courses/sessions made available on the Application or any information or services related to them.
  4. You expressly release Advaith and where applicable its trustees, officers, employees, authorized representatives and agents and representatives from any cost, damage, liability, or other consequence of any use of the Application by you.
  5. You understand and acknowledge that it is at your own discretion and based on our judgment that you transact on the Application.
  6. Advaith reserves the right to remove any content including Mentor Content or User Content on the Application.
  7. The Application may contain links to third party platforms. Advaith shall not be responsible in any manner for the contents of these third-party platforms and if you should choose to use the link to view the third-party platforms, you choose to do so at your own risk.
  8. You hereby understand and acknowledge that any such advice and guidance given on the Application is for educational purposes only and the same is prepared without taking into account your circumstances, objectives, and/ or personal needs.

7. Price/ Usage fee:

The access to the Application and the usage of content will be free of cost

8. Limitation of Liability:

The aggregate liability of Advaith to you or any third party, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, your access and use of the Application and its contents (including Mentor Content) and functionalities or for any reason related to the operation of the Application, shall not exceed Rs. 100/- (Rupees One Hundred only), regardless of whether the claim or action is based on contract, tort, warranty, indemnification or otherwise.

In no event shall Advaith be liable to the User, Mentor and any third party, for any loss of profits (anticipated or real), loss of reputation, loss of data, or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.

9. Complaints:

Advaith takes matters related to intellectual property rights and privacy very seriously. Should you have any complaints regarding the Application, including but not limited to abuse and misuse of the Application, copyright infringement and the like, or any issues related to data privacy please report the same to info@site-staging.shikshalokam.org .

Please provide your name, email address, physical address and contact numbers so that Advaith may be in a position to verify details or check the authenticity of the complaints.

Part B: Additional terms Applicable to Mentor(s)

1.Intellectual Property:

  1. Subject to this Terms of Use, Advaith grants a limited, revocable license to the Mentor to access and use the functionalities of the Application to enable the Mentor(s) to create and upload Mentor Content.
  2. The Mentor Content generated by a Mentor shall be owned by and shall belong to the Mentor. Subject to the license granted in Clause 1(c) in Part B, all intellectual property rights with respect to the Mentor Content shall vest solely with the Mentor.
  3. The Mentor  hereby, as a Mentor grants every User, and Advaith a license under Creative Commons, namely the CC-BY-4.0 International License or such other Creative Commons International License as maybe expressly stated by the Mentor in any Mentor Content (“Applicable Creative Commons License”) uploaded by the Mentor.
  4. The Mentor shall have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Application save with respect to Mentor Content that belongs to the Mentor.

2. Disclaimer:

  1. Without limiting the Disclaimers stated under Clause 6 of Part A, Advaith does not warrant that the integrity of the Mentor Content uploaded or created by the Mentor will be maintained or that by licensing to the Mentor the right to create/ upload Mentor Content on the Application, it is endorsing any of the Mentors views.
  2. Advaith does not assume responsibility for any Users and their use of the Mentor Content or compliance with the license terms detailed hereinabove. To the maximum extent permitted by law, the Mentor hereby releases Advaith from any claims (including future claims) that the Mentor may have in respect of any other user infringing any intellectual property rights in the Mentor Content.

Part C: Additional terms Applicable to User(s)

1. Intellectual Property:

  1. The User Content generated by a User shall be owned by and shall belong to the User. All intellectual property rights with respect to the User Content shall vest solely with the User.
  2. Subject to this Terms of Use, you are granted Applicable Creative Commons License by the Mentor for the use of the Mentor Content for any purpose including commercial and non – commercial.
  3. You, as a User shall grant Advaith, an Applicable Creative Commons License to use any User Content.

2.Disclaimer:

  1. User(s) hereby expressly acknowledges that the Mentors, Advaith, its staff, are not rendering personal advice and have no expertise in determining the effect of the User following any advice that may be featured in the content of the Application. User(s) further acknowledge that Advaith will be in no way responsible for any risk/outcome/results associated with using/following/relying on the Mentor Content, that the User may access/view/subscribe to on the Application and that the User will be solely responsible for the same.
  2. Users hereby understands and acknowledges that any such advice and guidance is for general informational purposes only and the same is prepared without taking into account your circumstances, objectives, and/ or personal needs.
  3. Without limiting the Disclaimers stated under Clause 6 of Part A, Advaith does not warrant that the content made available on the Application will meet the User’s requirements or expectations or achieve the intended purposes.

Part D – Miscellaneous (applicable to the User and the Mentor)

1. General:

  1. Suspension: In the event you violate this Terms of Use, Advaith reserves the right to suspend your access to the Application for a such period that Advaith may deem fit, without providing any prior notice, at any time, in its sole discretion.
  2. Termination: In the event you violate this Terms of Use, Advaith reserves the rights to terminate your access to the Application or restrict your access to the Application at any time, in its sole discretion. You acknowledge Advaith’s right to do so and waive any claim that you may have arising from such termination. Notwithstanding the termination of access, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.
  3. Force Majeure: In no event shall Advaith be liable for any acts beyond its control or for any acts of God.
  4. Access: Advaith does not make any claim that the Application and its contents may be lawfully viewed or accessed in the jurisdiction you are viewing it in. You are solely responsible for complying with laws applicable to you.
  5. Waiver: No waiver of any provision of these Terms of Use shall be binding unless executed and notified by Advaith in writing to you.  No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims you have against Advaith arising from your use of the Application or any other User’s and/or Mentor’s conduct.
  6. Entire Agreement: These Terms of Use, the Privacy Policy and any other agreements you execute with Advaith as relevant, shall constitute the entire agreement between you and Advaith for the use of the Application. Any modification to these Terms of Use shall only be binding if posted on the Application by Advaith.
  7. Assignment: You may not assign your obligations under this Terms of Use or any part thereof without the prior written consent of Advaith.
  8. Severability: If any provision of these Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.
  9. Governing Law: These Terms of Use are governed by the laws of India. Any disputes that may arise in connection herewith or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the competent courts at Bengaluru, India.