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Terms & Conditions -EdYoda

As updated on 1st January, 2018

 

You have accessed our website ‘Edyoda’ (referred to as the “Website”) www.edyoda.com

 

The domain name and Website is owned, registered and operated by zekeLabs Technologies Private Limited, a private company incorporated under the (Indian) Companies Act, 2013, bearing CIN U72200KA2017PTC099581, and having its registered office at C-569, 1st Floor, AECS LaYout, 60 ft. Main Road, Brookefield, Bangalore - 560037, India (hereinafter referred to as “Edyoda” or “ us” or “we” or “our” or “Company”).

 

These terms and conditions of use (“Terms of Use”), are between the Company, and the User(s), who are registered with us, or who use the Website (hereinafter referred to as “You” or “Your” or “ User(s)”). The User can be:

  1. A creator, contributing User Content; and/or
  2. a person, consuming/ utilizing the User Content created by a creator.

 

Please read the Terms of Use carefully before using or registering or accessing any material, information or Services through the Website. By using the Website or any facility or Services provided by the Website in any manner whatsoever or by merely browsing the Website, You signify Your acceptance and shall be legally bound by these Terms of Use, along with any amendments made by Edyoda at its sole discretion and posted and/or updated on the Website, and the applicable policies which are incorporated herein by way of reference. If these Terms of Use, conflict with any other document or policy of the Company, these Terms of Use will prevail for the purposes of usage of the Website.

 

This Terms of Use is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This Terms of Use is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website.

 

 

AMENDMENT

Edyoda reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time without any prior written notice to You. The revised Terms of Use shall be made available on the Website.

Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. It is Your responsibility to review these Terms of Use periodically for updates/changes. You can determine when Edyoda last modified the Terms of Use by referring to the "As Updated On" legend above. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions to the Terms of Use.

 

Edyoda may, at its sole discretion, require You to provide Your consent to the updated Terms of Use in a specified manner prior to any further use of the Website and the Services provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

 

ELIGIBILITY TO USE

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors (persons below the age of 18 years), un-discharged insolvents etc. are not eligible to use the Website. As a minor, if You wish to use the Website, such use may be made by Your legal guardian or parents on the Website. Edyoda reserves the right to terminate Your registration and/or refuse to provide You with access to the Website if it is brought to Edyoda’s notice or if it is discovered or if Edyoda has reason to believe that You are incompetent to contract within the meaning of the Indian Contract Act, 1872.

Edyoda reserves the right to refuse access to use the Services offered at the Website to new Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.

 

To be eligible to use the Services, or browse our Website entirely, You shall have to be a registered user with us, for which You would be required to create an Account and be approved by Edyoda through its registration mechanism as provided hereunder. Any use of the Website, by any person who is unregistered, shall be deemed to be a violation of these Terms of Use. 

 

You shall not have more than one active Account on the Website. Additionally, You are prohibited from transferring Your Account to another party/person and You agree to accept responsibility for all activities that occur under Your Account.

 

SERVICES

The Website is an online platform that supports and facilitates the online creation of technology videos/or tutorials, by the Users of the Website (“Services”).

 

You may create a video, audio clip or tutorial, by using our Services. Such content developed through the use of our Services or otherwise submitted to us for uploading on our Website shall hereinafter be referred to as “User Content”.

Subject to compliance with these Terms of Use, Edyoda grants You a personal, non-transferable, non-exclusive, limited privilege to use this Website. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Edyoda and Edyoda shall not be responsible for any data lost while transmitting information on the internet.

 

While it is the Company’s objective to make the Website accessible 24 (twenty-four) hours per day, 7 (seven) days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Edyoda, access to the Website may be interrupted, suspended or terminated from time to time.

 

The Company shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Edyoda reserves the right to refuse access to the Website, terminate Accounts, remove or edit contents without any notice to You.

 

USER ACCOUNT

The use of the Website requires You to register as a user. Edyoda shall provide the Services to You through the Website only, if You have created an Account and are registered with us. You shall have to apply for registration as a User to use our Website. We shall be entitled to ask You to submit certain information (“Account Information”) that shall qualify the eligibility criteria laid down for registration by Edyoda from time to time. The registration, as of now, is open only for individuals and/or institutes that are engaged in the activities of imparting technology education and any other person who we, in our sole discretion, may identify. Such registration is therefore subject to our approval.

You can apply for registration through a valid e-mail ID and password (including but not limited to Facebook, Gmail, Github) (“ Account”).

 

Edyoda reserves the right to ask the user, for more information/ additional Account Information, if necessary. The User may track the status of his/its application by contacting us at support@edyoda.com. In any case, if we do not reply to Your application for registration within 30 (thirty) days from the date of Your application for registration, the registration shall be deemed to have been denied and You shall be free to submit a fresh application for registration. It is clarified that the decision of Edyoda, in this case, shall be final and conclusive.

 

You shall ensure that the Account Information provided by You is complete, true and accurate. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Edyoda has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Edyoda has the right to suspend and/or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof). 

 

We may, in our sole discretion, terminate or suspend Your use or access to all or part of the Website or Your Account or registration, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify You that Your access to and/or use of the Website or Your Account is terminated, You must cease and desist from all such access and/or use immediately.

 

However, Edyoda reserves the right to allow restricted access to the Services for unregistered users.

 

You shall be responsible for maintaining the confidentiality of the Account Information and restricting access to Your computer/phone/tablet/any other device to prevent unauthorised access to Your Account. You shall be fully responsible for all activities that occur through Your Account.

 

You shall:

  1. register in Your own name only and all Account Information provided by You will be accurate and up-to-date;
  2. not pass Yourself off as someone else or create multiple and/or false Accounts;
  3. promptly update any of Your Account Information in case of any change in the same and also update any new Account Information as required by Edyoda to do so;
  4. not transfer Your membership/registration to another person;
  5. immediately notify Edyoda of any unauthorized use of Your Account or any breach of security; inform Edyoda immediately if You have reason to believe that Your password is known to someone else or if Your Account is being, or is likely to be, used in an unauthorized manner;
  6. log out of Your Account at the end of each session.

 

Edyoda shall not be responsible for Your failure to comply with the above. You may be held liable for any loss incurred by Edyoda or any other third party due to any authorized or unauthorized use of Your Account and You shall be responsible to indemnify Edyoda for the same.

You can access and administer Your Account by entering the username and password. You can also update Your personal details (including Your Account Information and preferences) by accessing Your Account and making any necessary changes; this will update Your details across all Services of Edyoda.

 

Edyoda may constantly monitor the User’s Account in order to avoid fraudulent accounts. Users with more than one account or availing our Services fraudulently shall be liable for legal actions under Applicable Law. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these Terms of Use. In the event of detection of any fraudulent activity, prior to initiation of legal actions, we reserve the right to immediately delete such Account.

Edyoda takes no responsibility for any User Content, uploaded by users on the Website, and further, the User takes responsibility for his or her own actions in utilizing such User Content, and availing the Services provided.

 

TERMINATION/SUSPENSION OF ACCOUNT

We reserve the right to terminate or suspend Your Account and/or suspend Your access to the Services under the following circumstances, including but not limited to:

  1. You are in breach of any term or condition of this Terms of Use;
  2. You are in breach of any Applicable Law, that is applicable to You;
  3. Your use of the Service disrupts our business operations or affects any other party/ User; or
  4. You have behaved in a way, which objectively could be regarded as inappropriate or is unlawful or illegal or which would bring us and/or Company into disrepute.

 

We may suspend access to the Services or require You to change Your password if we reasonably believe that the Services have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the Services will not affect liability previously incurred by You.

 

USER OBLIGATIONS

You agree to use the Services, Website and the content provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any Applicable Law, regulation or generally accepted practices or guidelines in India and under any Applicable Law of other jurisdictions.

You agree to adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Website.

 

We grant You a limited license to access and make use of our Website, however the following usages are not permitted:

  1. downloading (other than as expressly permitted), or modifying content or any portion of it, on our Website, except with our express written consent;
  2. any resale or commercial use, except as provided hereunder and agreed between Edyoda and You;
  3. downloading or using other user Content (other than as expressly permitted);
  4. any collection and use of any content, descriptions; any derivative use of Website or its contents;
  5. any downloading or copying of Account information for the benefit of another person. You shall also not post the User Content on any other online or offline medium.

 

It is hereby clarified that, You shall not download any content from our Website, unless expressly permitted by Edyoda to do so. This restriction is also applicable on the User Content contributed by You (if any). You can use our Services and view all the content uploaded on our Website and/or App including the User Content contributed by You on our Website and/or App. 

 

You shall solely be responsible for maintaining the necessary computer equipment and/or mobile phone and the necessary hardware and software associated thereto and internet connections that may be required to access and use our Website and create Your content. You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Edyoda. 

 

You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, download, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

 

You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. Edyoda disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under herein.

 

You are entitled to create User Content by using our Services/ tools/ software. You hereby agree that, before publishing Your User Content, You may be required to submit a demo video to Edyoda. Edyoda reserves its right to approve or disapprove the said User, on the basis of such User’s demo video. Only Edyoda approved User(s), can submit User Content to Edyoda, by writing at support@edyoda.com

 

Edyoda may at its sole discretion publish/ upload such User Content onto the Website. Further, Edyoda may in its sole discretion, choose to review certain videos or series or portions of a User Content, from time to time. It is hereby clarified that Edyoda does not review, all the User Content uploaded/ published on the Website and shall thereby not be held liable for the same. The User shall exercise their own discretion, while choosing to view/ rely on User Content.

 

For the content created by You and approved and uploaded on Edyoda platform, You may be paid a fee/ consideration with respect to Your content uploaded on the Website. The above mentioned payment shall be on the basis of such criteria, deemed fit by Us, and shall be intimated to You, by Us, prior to payment of such fee to You. It is hereby clarified that You shall not become entitled to any fee / consideration on the basis of upload of User Content, and such payment shall always remain at the sole discretion of Edyoda.

 

It is clarified that such an arrangement shall be valid for that particular User Content only and shall not be an arrangement for all User Content contributed by that User, unless otherwise mutually agreed in writing. The payment may be made by Edyoda, in its sole discretion, may be made in the form of cash or non-cash compensation which shall include but not be limited to discount vouchers, redemption vouchers and the same shall differ on case to case basis. It is further clarified that, Edyoda shall, in its sole discretion, reserve the right to keep such User Content on the platform and shall not be liable in any way if such User Content is not uploaded by Edyoda on the Website for whatsoever reasons.

 

It is hereby clarified that the Edyoda shall not be held liable for the material, content, or views expressed in any User Content, including but not limited to the accuracy of such User Content, infringement of any intellectual property, etc. The User contributing such User Content, shall at all times be liable for the same.

 

Once the User Content has been approved and uploaded on the Website, Edyoda shall not entertain any requests to remove such uploaded User Content from its Website, except in the case of infringement of any third-party rights which is brought to the notice of Edyoda or for any other reason, which Edyoda shall, in its sole discretion, seem fit.

 

If Website allows You to post and upload any material on the Website, and/or You submit such material as User Content for the review of Edyoda, You hereby undertake to ensure that such material is not offensive and in accordance with Applicable Laws. Further, You undertake not to:

  1. Defame, abuse, harass, threaten, or otherwise violate the legal rights of other Users or any third-party;
  2. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  3. Publish, post, submit to upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
  4. Submit to upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
  5. Submit to upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
  6. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  7. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Edyoda server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
  8. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
  9. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Website, or any other customer of Edyoda, including any Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
  10. Disrupt or interfere with the security of, or otherwise cause harm to, the Website and/or App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
  11. Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;
  12. Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
  13. Use the Website or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Edyoda or any other third parties;
  14. Conduct or forward surveys, contests, pyramid schemes or chain letters;
  15. Download any file posted by another User of a Service that You know, or reasonably should know, cannot be legally distributed in such manner;
  16. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is submit for uploading or is uploaded;
  17. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  18. Violate or breach any Applicable Law or regulations for the time being in force within or outside India;
  19. Violate the Terms of Use including but not limited to any applicable additional terms of the Website contained herein or elsewhere;
  20. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website;
  21. Download or copy account information for the benefit of another User or any other third party; caching, unauthorized hypertext links to the Website and the framing of any other content available through the Website submitting for uploading, posting, or transmitting any content that You do not have a right to make available (such as the intellectual property of another party);
  22. any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools;
  23. any unauthorized copying, reproduction, republishing, submit for uploading, downloading, posting, transmitting or duplicating of any of the material and/or content is expressly prohibited;
  24. Post and/or submit for uploading obscene or vulgar materials or use of obscene or vulgar language, or use of abusive, defamatory, profane, or threatening language of any kind;
  25. Undertake any activity which is not in compliance with applicable Indian and international laws; and
  26. You may not bypass any measures used by us to prevent or restrict access to the Website.

 

Any unauthorized use by You shall terminate the permission/consent granted to You and Edyoda shall, in its sole discretion, suspend/terminate Your registration and the decision of Edyoda shall be final and binding.

You agree that Edyoda may, at any time, alter, modify, suspend or discontinue all or part of the Website, change, charge fees for use of the Website, or offer opportunities to some or all Website Users and for any reason, without notice or cost.

 

REFUND

If You want refund for any contribution or payment You made on www.edyoda.com ,contact the grievance officer with relevant details like email, phone number, amount etc within 7 days of making the contribution or payment. We will contact you within 7 working days (excluding public holidays and sundays) to resolve your concern.

 

PAYMENT TERMS

The User Content on the Website, shall be available freely, for all the Users. However, there may be features or services for which the user may have to pay. The payment required for such features or services shall be indicated against such features or services.

 

The User agrees and accepts that all nuances and modalities relating to making payment using Internet Banking/ Debit/Credit Cards (“ Virtual Payment Mode”) shall be separately governed by arrangement(s) / terms and conditions between You and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).

While availing any of the payment method(s) available on the Platform, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  1. Lack of authorization for any transactions;
  2. Any payment issues arising out of the transaction or
  3. Decline of such transaction for any reason.

 

You understand, accept and agree that the payment facility provided by Us, if any, is neither a banking nor financial service.

 

EXCLUSIVITY

The User has a choice of using our Website. However, in case You chose to use our Website and create or upload any content using the Services offered on our Website and submit such User Content to us, You hereby consent to uploading of Your User Content on our Website by us, and also confirm the transfer of ownership and IPR rights in such User Content to Edyoda, in accordance with the provisions of the Terms of Use. Any User Content which violates these Terms of Use or applicable law, shall be deemed to be transferred back to the User and Edyoda disclaims all liabilities with respect to the same.

 

Once the User Content is submitted to us for being uploaded on our Website, the User is hereby expressly prohibited from uploading and/or using such content on any other online or offline mode or any other parallel media channel, including but not limited to YouTube. If the User, in contravention of this, uploads and/or uses the same content elsewhere, Edyoda reserves the right to request the User to remove such content from such mode. In case where the User refuses to adhere to such request by Edyoda, Edyoda reserves the right to exercise the IPR assigned to it hereunder.

 

The User may, however, upload such content elsewhere only subject to the prior written consent of Edyoda.

 

INTELLECTUAL PROPERTY RIGHTS (“IPR”)

The Website and 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 Website is owned and controlled by Edyoda 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.

 

Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, Edyoda owns all IPR to and into the trademark "EDYODA", and the Website, including, without limitation, compilation of all content, software, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, images, audio clips, digital downloads, data compilations, and software, source code, meta tags, databases, text, content, graphics, icons, logos and hyperlinks.

Edyoda expressly reserves all IPR in all text, programs, products, processes, technology, content, software and other materials, which appear on this Website. The compilation (meaning the collection, arrangement and assembly) of the content on the Website is the exclusive property of Edyoda. The mark "EDYODA" and the contents of the Website are the sole property of Edyoda. Reproduction in whole or in part of the same is strictly prohibited without the express written permission of Edyoda.

 

All names, logos, and images on Edyoda constitute trademarks and/or copyrights of Edyoda or the respective content owners. Content shall not be reproduced in any form. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of the respective author/owner of the content and/or Edyoda is expressly prohibited. You acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) available on the Website are the property of Edyoda and/or its affiliates, subsidiaries, or licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials on the Website. Use of the content and materials for any purpose not expressly permitted in these Terms of Use, is prohibited. We are not liable for any infringement of copyrights, trademarks, or other proprietary or IPR arising out of content posted on or transmitted through the Website, or items advertised on the Website, by our other users. Further, You agree not to download any material/Content/User Content (including the User Content submitted by You) from the Website.

 

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, download, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Edyoda or party owner of such Content.

 

“Intellectual Property Right” or “IPR” for the purpose of the Terms of Use, shall mean all copyrights (including without limitation the exclusive right to reproduce, distribute copies of, display and perform the copyrighted work and to prepare derivative works), copyright registrations and applications, trademark rights (including, without limitation, registrations and applications), patent rights (whether registered or unregistered), trade names or business names, registered and unregistered design rights, mask-work rights, trade secrets, moral rights, author’s rights, rights in packaging, goodwill and other intellectual property rights, and all renewals and extension thereof and all rights or forms of protection of a similar nature or having an equivalent or similar effect to any of the above, which may subsist anywhere in the world, regardless of whether any of such rights arise under the laws of India or any other state, country or jurisdiction.

 

IPR in USER CONTENT

You hereby understand and agree that any User Content created using the Services on our website, shall be uploaded on our Website by the mechanism stated hereunder. Edyoda shall, in its sole discretion, upload the User Content, which is submitted to us by You.

 

You shall be free to create Your Content using our Website and/or App in the form of videos, graphics, images etc. However, while doing this, the Users shall ensure that all the works done and published and/or submitted for uploading on our Website, in any form, shall be the User’s original work and/or the Users shall ensure that they have the legal right to use and/or submit for uploading such work and have the requisite approvals for using and/or permit the uploading such works by us. The Users by submitting such content for uploading imply that they are legally entitled to use and submit such content for uploading.

 

The User unconditionally agrees that any User Content developed using the Website and/or submitted to Edyoda for uploading, shall be the property of Edyoda and any IPR authorship rights and all other rights of whatsoever nature, in the User Content, in whatever form or medium, shall vest and remain vested in perpetuity and worldwide with Edyoda.

 

In case, the User has used any content owned by another party, the User shall obtain prior written consent for use of the same for creating User Consent. Further, the User shall give due credit to the owner of the rights in such content submitted to us to be uploaded by the Users, wherever required.

 

The Users hereby understand that Edyoda does not guarantee any confidentiality with respect to any content that the Users may submit for uploading.

 

The User hereby agrees that by creating, submitting for uploading and/or uploading in any form, User Content, the User hereby grants Edyoda all existing and future IPR including all copyrights, moral rights, language rights, and any other intellectual rights, of whatsoever nature, in the User Content, worldwide, in perpetuity, without limitation, exclusive, royalty-free, transferable without any material, financial or territorial limitation and without any payment and/or consideration due from Edyoda, the right to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the content in connection with Edyoda’s services and Edyoda’s business, including without limitation for promoting and redistributing part or all of the content (and derivative works thereof) in any media formats and through any media channels, commercially or otherwise.

 

Notwithstanding anything contained elsewhere in this Terms of Use, it is hereby agreed that the IPR in Edyoda’s confidential information and the content contributed by Edyoda towards creation of the Website shall at all times remain the property of Edyoda. Edyoda does not extend any rights of any nature to the User, unless so granted in writing by Edyoda.

 

The User represents and undertakes that the User has the requisite IPR in relation to the User’s Content provided and/or submitted to Edyoda through the use of its Website and has the legal right and authority to provide and/or submit the same to Edyoda for its inclusion on its Website.

 

The User undertakes that there are no pending actions, suits or proceeding, existing, threatened, anticipated or pending against any User’s Content.The User shall not acquire any rights in respect of Edyoda or its group companies’ names, trademarks, designs, patents, patent applications, copyrights or other IPR, including those obtained from third parties under license or otherwise, for inclusion on its Website.

 

THIRD PARTY CONTENT

The Website may contain links to other Website and/or Apps (“Linked Sites”). The Linked Sites are not under the control of Edyoda or the Website and/or App and Edyoda is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Edyoda is not responsible for any form of transmission, whatsoever, received by You from any Linked Site. Edyoda is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Edyoda or the Website and/or App of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Edyoda from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Edyoda 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 of Use.

 

The User shall be solely responsible for its own User Content, and the consequences of submitting for uploading and publishing its User Content on our Website. To the extent permitted by Applicable Law including without limitation the Information Technology Act, 2000,Telecom Commercial Communications Customer Preference Regulations, 2010 and other applicable regulations of TRAI, the User agrees to defend, indemnify and hold harmless Edyoda, its holding, subsidiary, affiliates, 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) the User’s use of and access to the Service; (ii) the User’s violation of any term of these Terms of Service; (iii) the User’s violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that the User Content caused damage to a third party or (v) or arising out of non-compliance with any Applicable Law and rules or regulations related to the User Content or arising from any suit, action or proceeding by any third party against any of the indemnified persons, as a result of or in consequence of any act or omission of whatsoever nature of the User, including without prejudice to the generality of the foregoing, any complaint or loss or damage or claim for compensation arising out of the infringement of third party IPR or for providing incorrect or misleading content.

 

DISCLAIMERS, WARRANTIES AND LIMITATION OF LIABILITY

The Website, the Services and each portion thereof are provided "AS IS" without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, we disclaim all warranties, express or implied, with respect to the Platform, the Services and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.

 

Edyoda makes all endeavors to ensure that all the information on the Website App is correct, but Edyoda neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Service or any content available on the Website and/or App. In no event shall Edyoda be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Edyoda be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.

 

Further, Edyoda shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Edyoda’s control.

 

The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the use of such material and/or data. The internet is not a secure environment and we cannot guarantee that the Website and its servers are free of viruses or other harmful applications. We recommend that You regularly update Your browser software and use up-to-date anti-virus software to ensure that Your access to the Services is as secure as possible.

 

Edyoda (including its agents, affiliates and employees) makes no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Edyoda assumes no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

 

You shall accept sole responsibility for and Edyoda shall not be liable for any use of the Services by You or any other third party and the User shall hold Edyoda harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of such use.

 

Edyoda does not and cannot verify that Users have the right or ability to submit to us for uploading their content on our Website. We also cannot verify the authenticity of the content by our Users, which is submitted for uploading. However, we are committed to removing infringing materials and/or content once an authorized representative of the rights owner properly reports them to us.

 

Edyoda cannot provide legal advice. However, if any User has questions or concerns regarding its/his rights, he/it may wish to seek legal advice from a specialist. If the User is not sure about the content he/it shall be creating, it shall be in our best mutual interest that the User does not submit such content and desist from uploading the same in any manner on our Website. 

 

Submitting for uploading content that uses someone else’s IPR, without permission could be a violation of the law. If the User has already submitted for uploading any infringed content, we request the User to get in touch with us to remove the same from our Website without any delay.

 

Edyoda therefore, provides no warranties, whatsoever, so as to the material of the content or the User’s right to upload and/or submit to us for uploading the content or the authenticity of the content or any opinion, recommendation, or advice expressed in such content submitted to be uploaded by the User.

 

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, indirect, incidental, PUNITIVE, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, WHETHER IN TORT OR CONTRACT OR UNDER ANY APPLICABLE LAW.

 

COMPLIANCE WITH LAWS


You shall be solely responsible for compliance of all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental Authority, statutory authority, tribunal, board or court in India or outside India (“ Applicable Laws”) for:

  1. Use of the Website;
  2. Use of content available on the Website;
  3. Creation of User Consent through use of our Services.

 

REPORT ABUSE

 

As per these Terms of Use, Users are solely responsible for every material or content submitted for uploading on to the Website. Edyoda has the right to review the contents before they appear on the Website. However, Edyoda does not verify, endorse or otherwise vouch for the contents of any user or any content generally submitted for uploading on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If You come across any abuse or violation of these Terms, please report to support@edyoda.com

 

We respect third party IPR and actively support protection of all third party IPR including copyrights and trademarks. It is our policy to expeditiously respond to clear notices of alleged IPR infringement. If we receive proper notification of IPR infringement, our response to such notices will include removing or disabling access to material and/or content claimed to be the subject of infringing activity or any other action, which we may deem fit in our sole discretion.

We shall process such infringement claims, which may result in removing the reported content from our Website. If the content is removed, the User that submitted the content will receive a written intimation to them to know that content they posted on our Website was removed because of a claim of IPR infringement. We may also provide the Users with the contact information of the person alleging such IPR infringement, and/or the contents and nature of alleged infringement.

 

If the User that posted the content believes that the content shouldn’t have been removed, the Users will be encouraged to reach out to the complaining party to try to resolve the issue directly and Edyoda shall not be a party to such mutual resolutions between the User and the complaining Party.

 

CONTACT US

 

Please contact us at support@edyoda.com for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

 

GRIEVANCE OFFICER



In accordance with Information Technology Act 2000 and rules made there under, the contact details of the Grievance Officer are provided below:

 

E-mail Address: support@edyoda.com

 

NOTICES

 

You agree that, unless other instructions are posted on Website, any notices required to be given under this Terms of Use will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the Users in accordance with the most current Account Information You have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

 

DISPUTES AND GOVERNING LAW

We will try to solve any disagreements quickly and efficiently. If You are not happy with the way we deal with any disagreement, You may wish to take court proceedings. The rights and obligations of the parties pursuant to this Terms of Use are governed by, and shall be construed in accordance with, the laws of India and the place of jurisdiction shall be exclusively in Bangalore.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of India, Bangalore for any dispute arising under or relating to this Agreement and waive Your right to institute legal proceedings in any other jurisdiction.

 

We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where You reside, do business or have assets.

 

MISCELLANEOUS

No waiver by us of any breach of these terms shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of Your obligations.

The rights and remedies of using the platform in any form whatsoever, under these terms are independent, cumulative and without prejudice to our rights under the law.

These terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party.

If any provision of this Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Terms of Use shall continue to be in full force and effect.

This Terms of Use, as may be updated from time to time and represents the complete agreement and understanding with respect to the Service and supersedes any other written or oral agreement.