Terms of use
1. Introduction.
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 AEIOU’s platform
including mobile applications, services or other offerings on our site aeiouedu.com
(collectively, our "products”, developed by the company “AEIOU Edu
Innovations (P) Ltd”).
By using any of the company
products, or clicking on the "signup" button, you agree to become
bound by the terms and conditions of this agreement. If you do not agree to all
the terms and conditions of this agreement, click on the "cancel"
button and do not use the company products. Company's acceptance is expressly
conditioned upon your assent to all the terms and conditions of this agreement.
2. Additional terms.
Any personal information
submitted in connection with your use of the products or the site is subject to
our privacy policy, located at privacy
policy, which is
hereby incorporated by reference into these terms.
3. General.
The products enable
students ("students") to connect with independent contractor
instructors (the "instructors") who provide live and recorded
instruction, tutoring, and learning services in our proprietary online
platform. Students and instructors are, collectively, "users." the
products include, without limitation, facilitating and hosting courses and
supporting materials, and taking feedback from users.
Company reserves the right
to revise these terms in its sole discretion at any time by posting the changes
on the site. Changes become effective thirty (30) days after posting. Your
continued use of products after change become effective shall mean that you
accept those changes. You should visit the site regularly to ensure you are
aware of the latest version of the terms. Notwithstanding the preceding
sentences of this section, no revisions to these terms will apply to any dispute
between you and the company that arose prior to the date of such revision.
The company may modify the
products or discontinue their availability at any time.
You are solely responsible
for all service, telephony, data charges and/or other fees and costs associated
with your access to and use of the products, as well as for obtaining and
maintaining all telephone, computer hardware, and other equipment required for
such access and use.
If you elect to access or
use products that involve payment of a fee, then you agree to pay, and will be
responsible for payment of, that fee and all taxes associated with such access
or use. If you provide credit card information to pay for such fees then you
hereby represent and warrant that you are authorized to supply such information
and hereby authorize the company 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 we 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 products pending resolution of any amounts due by you
to company.
All of your use, access and
other activities relating to the site and the products must be in compliance
with all applicable laws and regulations, including, without limitations, laws
relating to copyright and other intellectual property use, and to privacy and
personal identity. In connection with your use of the products and site, 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 site; frame or embed the site 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 site; scrape, spider, use a robot or other automated means
of any kind to access the products.
4. General disclaimer.
The site is only a
marketplace for instructors and students. We do not hire or employ instructors
nor are we responsible or liable for any interactions involved between the
instructors and their respective clients. We are not responsible for disputes,
claims, losses, injuries, or damage of any kind that might arise out of or
relate to conduct of instructors or students, including, but not limited to,
any student's reliance upon any information provided by an instructor.
We do not control submitted
content (as defined below) posted on the site and, as such, do not guarantee in
any manner the reliability, validity, accuracy or truthfulness of such
submitted content. You also understand that by using the products may expose
you to submitted content that you consider offensive, indecent, or objectionable.
The company has no responsibility to keep such content from you and no
liability for your access or use of any submitted content, to the extent
permissible under applicable law.
The site and products may
give you access to links to third-party websites ("third party
sites"), either directly or through courses or instructors. The company
does not endorse any of these third party sites and does not control them in
any manner. Accordingly, the company does not assume any liability associated
with third party sites. You need to take appropriate steps to determine whether
accessing a third party site is appropriate, and to protect your personal
information and privacy on such third party site.
5. Conduct.
You may only access the
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. You agree not to use the products or the company 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 advance written permission, which may be withheld in our
sole discretion. You assume any and all risks from any meetings or contact between
you and any instructors or other users of the products.
6. Specific obligations of
instructors.
If you are instructing
students in connection with a course you are an "instructor" 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 in our sole discretion;
You need to visit register and complete the instructor enrolment form
and if you will charge fees for your courses you will also need to agree to the
premium instructor pricing terms;
You will be responsible for
all of your submitted content, that you own or have the necessary licenses,
rights, consents, and permissions, and have the authority to authorize company,
to reproduce, distribute, publicly perform (including by means of a digital
audio transmission), publicly display, communicate to the public, promote,
market 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
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 site 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
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 any user;
You will not use the
products for any business other than for providing tutoring, teaching and
instructional services to students;
You will not engage in any
activity that will require company 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;
You shall respond promptly
to users seeking your services and ensure a quality of service commensurate
with the standards of your industry and instruction services in general;
You are over the age of 18
or if not a third party parent or legal guardian has agreed to these terms and
the instructor terms and will assume responsibility and liability for your
performance and compliance hereunder.
7. Specific obligations of
students using the site.
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 site or registering for a course;
If you are under the age of
18, you have obtained parental or legal guardian consent before using the site,
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 site or the products;
You will not post any
inappropriate, offensive, racist, hateful, sexist, pornographic, false,
misleading, infringing, defamatory or libellous content;
You will not reproduce,
distribute, publicly display, publicly perform, 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
personal information to an instructor, and otherwise will assume responsibility
for controlling how your personal information is disclosed or used, including,
without limitation, taking appropriate steps to protect such information; and
You will not solicit
personal information from any instructor or other user.
8. Registration.
To use certain products,
you will need to register and obtain an account, username and password. When
you register, the information you provide to us during the registration process
will help us in offering 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 represent and
warrant 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 security, and (b) ensure that you exit from your account at the end
of each use of the products. To the extent permissible under applicable law, we
cannot and will not be responsible for any loss or damage arising from your
failure to comply with the foregoing requirements or as a result of use of your
account, either with or without your knowledge, prior to your notifying us of
unauthorized access to your account.
You may not transfer your
account to any other person and you may not use anyone 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 are fully responsible for (i) the online
conduct of such user; (ii) controlling the user's access to and use of the
products; and (iii) the consequences of any misuse.
9. Content, licenses &
permissions.
All software, technology,
designs, materials, information, communications, text, graphics, links,
electronic art, animations, illustrations, artwork, audio clips, video clips,
photos, 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, including, without limitation, the software and the products
and the site, it is "company content." content uploaded, transmitted
or posted to the site or through the products by a user 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 limitation, pursuant to Indian and foreign copyright
and other intellectual property laws. You hereby represent and warrant that you
have all licenses, rights, consents, and permissions necessary to grant the
rights set forth in these terms to company with respect to your submitted
content and that company shall not need to obtain any licenses, rights,
consents, or permissions from, or make any payments to, any third party for any
use or exploitation of your submitted content as authorized in these terms 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 the
company a non-exclusive right and license to reproduce, distribute, publicly
perform, offer, market and otherwise use and exploit the submitted content on
the site and through the products, and sublicense it to instructors and users
for these purposes directly or through third parties. Notwithstanding the
foregoing, you have the right to remove all or any portion of your submitted
content from the site at any time. Removal of your submitted content will
terminate the foregoing license and rights sixty (60) days after such removal
as to new uses, provided, however, that any rights given to users prior to that
time will continue in accordance with the terms granted to such users.
The company hereby grants
you (as a user) a limited, non-exclusive, non-transferable license to access
and use submitted content and company content, for which you have paid all
required fees, solely for your personal, non-commercial, educational purposes
through the site and the products, in accordance with these terms and any
conditions or restrictions associated with particular courses or products. All
other uses are expressly prohibited absent our express written consent. You may
not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share,
lend, modify, adapt, edit, create derivative works of, license, or otherwise
transfer or use any submitted content or company content unless we give you
explicit permission to do so. Submitted content and company content is
licensed, and not sold, to you. Instructors may not grant you license rights to
submitted content you access or acquire through the services and any such
direct license shall be null and void and a violation of these terms.
You agree that we may
record all or any part of any courses (including voice chat communications) for
quality control and delivering, marketing, promoting, demonstrating or
operating the site and the products. You hereby grant the company permission to
use your name, likeness, image or voice in connection with offering,
delivering, marketing, promoting, demonstrating, and selling the site,
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, to the extent permissible under applicable law.
The company respects all
copyright, privacy, defamation and other laws relating to content and
information and will not tolerate violation of such laws. Notwithstanding the
foregoing, the company does not screen the submitted content and all use of the
submitted content by you is at your own risk and the company shall have no
liability for such use. In particular, no review or posting or appearance of
the submitted content on the site or through the products is intended to act as
an endorsement or representation that any submitted content is free of
violation of any copyright, privacy or other laws or will suit a particular
purpose or be accurate or useful. If you believe that submitted content of
yours 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 the
company in accordance with the procedures that we maintain at copyright .
All rights not expressly
granted in these terms are retained by the content owners and these terms do
not grant any implied licenses.
10.
Pricing for
paid courses
Key definitions
"Base price"
means the course price set by the instructor.
"Base currency"
means the currency of the base price.
"Base exchange rate"
means a system-wide rate used by the company for foreign currency conversion
and does not include any fee or mark-up by the company. The rate is established
using one or more third parties such as open exchange rates and is fixed
periodically (e.g. Monthly) to prevent daily price fluctuations. Accordingly,
the Base Exchange rate may not be identical to the applicable market rate in
effect at the specific time a foreign currency conversion is processed.
"Sale price"
means the actual sale price for the course. When the sale currency is different
from the base currency, the company will determine the sale price based on the
applicable base exchange rate and cost adjustment factor.
"Sale currency"
means the currency of the sale. This is determined by the country of origin of
the user purchasing the course.
"Cost adjustment
factor" means applicable local taxes and other fees associated with
currency conversions...
Pricing
Except when a course is
made available through the AEIOU marketing programs, or a course is offered on
company's iOS / android mobile applications, an instructor will be solely
responsible for determining the base price to be charged for such course, in
accordance with the instructor terms. In the case of courses offered on
company's iOS / android applications, company will select the app store price
tier (app store pricing matrix available here) that is closest to the fee set
by the instructor. When the sale currency is different than the base currency,
the company will determine the sale price according to the most recent Base
Exchange rate and applicable cost adjustment factor.
If you are a student, you
agree to pay the fees for courses that you take, and hereby authorize us to
charge your credit card for these amounts. We will charge your credit card
monthly for all amounts owed. If your credit card is declined, you agree to pay
us the fees within thirty (30) days of notification from us, and pay (at our
discretion) a late payment charge at 1.5% per month, or the maximum permitted
by law, whichever is greater.
Taxes
Indian government
In the event that the sale
or delivery of a course or any submitted content to any student in the Indian
Territory is subject to any service tax, under applicable law, the Company will
collect and remit the service tax to the competent tax authorities for sales of
such courses or submitted content to students in the Indian Territory. The
company may at its own discretion increase the sale price where it is of the
view that service tax may be due and it will have a liability to account for
such. You will indemnify and hold the company harmless against any and all
claims by any tax authority for any underpayment of service tax, and any
penalties and/or interest thereon.
All other countries
For sales of any of courses
or submitted content in countries other than the Indian Territory, you are
responsible for remitting the taxes to the appropriate taxing authority (which
may be different to the tax authority in your own location). The company is
unable to provide you with tax advice and you should consult your own tax advisor.
Rounding off
Company may, in its sole
discretion, round up or round down the sale price to the nearest whole
functional base unit in which the sale currency is denominated (e.g. to the
nearest Indian rupee, dollar, euro or other supported currency); for example,
company will round up an amount of Rs. 101.50 to Rs. 102.00, and Rs. 101.49 to
Rs. 101.00.
Some currencies are
denominated in large numbers. In those cases, company may determine the
functional base unit in which those currencies are denominated to be 10, 100 or
1,000 of the currency; the corresponding examples for such currencies would be
for company to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040,
or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and
837,499 down to 837,000.
Foreign currency
Company's online platform
will default the sale currency based on your geographic location. The currency
of any transaction will match the sale currency displayed to you on the
website. You cannot change your displayed currency.
Each foreign currency
conversion is processed at a foreign currency conversion rate. This rate
generally refers to the amount of one currency that must be paid to buy a
certain amount of another currency at a given time. For example, if it costs
us$125.00 to buy €100.00, the currency conversion rate of us dollars to euros
would be 1.25, and the currency conversion rate from euros to us dollars would
be 0.8. Currency conversion rates will vary from time to time.
Refunds
In some cases, AEIOU offers
students a thirty (30)-day, no-questions-asked money back guarantee on courses
that are not purchased through AEIOU's iOS or android applications. If you, as
a student, are unhappy with such a course and request a refund within thirty
(30) days of the date that you paid for access to that course, we will provide
you with a full refund of the amount you paid. To request a refund, please
contact us via support@aeiouedu.com. Please note that if we believe that you are
abusing our refund policy in our sole discretion, we reserve the right to
suspend or terminate your account and refuse or restrict any and all current or
future use of the company products, without any liability to you. In addition,
please note that notwithstanding anything to the contrary in these terms, AEIOU
does not provide refunds for courses purchased through our iOS or android
applications. All sales of courses through AEIOU's iOS or android applications are
final.
You, as an instructor,
acknowledge and agree that students have the right to receive a refund as set
forth in this section. Neither instructors nor company shall receive any
payments, fees or commissions for any transactions for which a refund has been
granted. In the event that a student requests a refund for a course after the
company has sent an instructor payment for that course, the company
reserves the right to either (1) deduct the amount of such refund from the next
payment to be sent to that instructor, or (2) require that instructor to refund
any amounts refunded to students for instructor's course to the extent no
additional payments are due from the company to instructor or such
payments due instructor are insufficient to cover the amounts refunded to
students.
11.
Trademarks.
The trademarks, service
marks, and logos (the "trademarks") used and displayed on the site,
in the products or in any company content are our registered or unregistered
trademarks or of our suppliers or third parties and are protected pursuant to
Indian and foreign trademark laws. All rights are reserved and you may not
alter or obscure the trademarks, or link to them without our prior approval.
12.
Warranty
disclaimer.
The products, site, company
content, submitted content, courses, and any other materials made available on
or through the site or the products are provided "as is," without any
warranties of any kind and, to the fullest extent permissible under applicable
law, 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.
13.
Limitation of
liability.
To the fullest extent
permissible under applicable law, neither party shall be liable hereunder under
any theory of liability, including, without limitation, contract, tort or
negligence, for any losses, unless such losses were reasonably foreseeable at
the time you agreed to this terms. 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. This section 12 does not exclude or limit
either party's liability for fraud, for death, or for personal injury resulting
from negligence, or from any other liability that cannot be limited or excluded
by law.
14.
Miscellaneous.
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 reasonably foreseeable 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 defense and control of any
matter otherwise subject to indemnification by you under this section 13, and
in such case, you agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
15.
Termination.
We may terminate your use
of the products or site immediately without notice for any breach by you of
these terms or any of our applicable policies, as posted on the site 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 site or the products at any
time, either by ceasing to access them, or by contacting us at support@aeiouedu.com (but if you are an
instructor then students 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 site, products and content. Any accrued rights to payment
and sections 4, 5, 10-15 and all representations and warranties shall survive
termination.
16.
Electronic
notices.
By using the products or
communicating with company, you agree that company may communicate with you
electronically regarding security, privacy, and administrative issues relating
to your use of the products or these terms. If company learns of a security
system's breach, company may attempt to notify you electronically by posting a
notice on the products or sending an email to you. You may have a legal right
to receive this notice in writing. To receive free written notice of a security
breach (or to withdraw your consent from receiving electronic notice), please
write to company at support@aeiouedu.com.
17.
Miscellaneous.
Entire agreement. These
terms and any policies applicable to you posted on the site 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, post-paid
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 site and the products shall be governed by the substantive laws of India,
without reference to its choice or conflicts of law principles