‘Scadoosh’ is an online education service by ‘SCADOOSH LABS PRIVATE LIMITED’ (hereinafter referred to as ‘us’, ‘we’, ‘our’). The site provides for live &/or pre recorded courses for education of young minds through its website ‘www.scadoosh.com’ and also through web based applications, mobile applications.
The Use (which shall mean and include access, use, visit, browse, download from, upload to, utilize but not restricted to these) of the site (which shall include website or web based application or mobile application or any feature or component or part or page or section of these by whatever name called) shall be governed by these Terms and Condition. If you choose to use the site in any manner you shall be accepting the Terms and Condition. And your use shall be governed by these Terms and Condition every time you visit the site, when you make registration, upon providing any information on site. By way of this Terms and Condition you are contracting with Scadoosh Labs Private Limited, which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.
For the purpose of this Terms and Condition, the word ‘You’, User’, shall include any legal or natural person who uses the site. To use the site you need to accept the Terms and Condition herein as amended from time to time by us. By choosing the ‘I Agree’ option on the Home Page or ‘continue button’ or logging in through third party website such as ‘Facebook’ or ‘Google’ or any other website as permitted by us you are accepting the Terms and Condition contained herein. If you do not accept with the Terms and Condition herein do not click on ‘I agree’ or Continue button or login through third party web site and/or use the site or otherwise access the site.
We reserve the right to amend the Terms and Condition at our discretion. We may post revised version of the Terms and Condition on the site. Unless expressed otherwise the Terms and Condition or any part of it shall become effective from the time it is posted on the site. You are advised to regularly check for amendments to the Terms and Condition. We may inform the registered users of any amendment of Terms and Condition by way of registered email or by notification in the user accounts. You may inform of non-acceptance in the manner provided in time bound manner after which it will be understood that you have accepted the Terms and Condition.
Certain times we may provide services or run promotional offers which may be subject to additional Terms and Condition. The user will have to accept these terms before use of such services or offers. To the extent where it relates to the additional services or offers, the additional Terms and Condition shall prevail if inconsistent with these Terms and Condition contained herein.
Out the outset we hereby disclose that we hold absolute rights and discretion to
a. Make rules regarding the courses being played on the site, change or modify the rules at any time without giving prior notice thereof.
b. Discontinue or modify permanently or temporarily any of the courses on the site, the site itself or any part of the site or any of the services provided by us on the site or through the site.
c. Move or remove or restrict access to any content on the site including the user accounts, information provided by the user, temporarily or permanently, without prior notice.
d. We may also at our discretion deactivate any user’s account without assigning any reason whatsoever if it contravenes any of the terms and conditions herein.
We reserve the right to restrict a user’s right to access the site, or delete the user’s account or all user information in the event the user breaches the Terms and Condition or does or takes part in any illegal or unauthorized activity in relation to the site. Also in such an event we reserve the right to take proper legal steps and take any action as we deem fit to protect our interests, that of the teachers, that of our associates and service providers .
Subject to your agreement and continuing compliance with these Terms and Condition and any other relevant policies, we grant you a non-exclusive, non-transferable, license for your own entertainment including gaming purposes. You agree not to use the site for any other purpose.
In order to register for the Site, users must provide the following correct information:
Full Name, E-mail address, Password, State of Residence, Gender, Date of birth. We do not take and responsibility for any incomplete and incorrect information and same shall be dealt with in accordance with these term and conditions. We do not permit any person below the age of 18 to have their own account with us. Parents or any Adults can create an account for children below the age of 18.
Users are also required to confirm that they have read, and shall abide by, these Terms and Conditions. The Site is a medium to stream educational course(s),
Once the Users have entered the above information, and clicked on the “register” tab, and subject to the terms and conditions herein, they are sent an email confirming their registration and containing their login information.
We may also provide you with an option to partly complete your Registration through social networking sites such as Facebook, through Google or any other site. In that you case you hereby fully authorize us give your absolute consent to obtain your information as may be necessary for registering you with us. Even when you choose to Register on the site through third party sites as permitted by us you will be required to provide other information necessary for registration on the site which we have not received or taken from the third party sites, whether because they are not available with third party site, or under its policies the third party site cannot disclose the same to us, or you have not permitted the third party site to share your information with other third party(ies).
The contents of this site, including all software, design, text, images, photographs, illustrations, audio and video material, flash, artwork, items, graphic material, databases, applications, proprietary information and all elements of the site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, and trade names, unless belonging to any other person, are our property and our Affiliates’, and any of our or their successors, liquidators and assigns, and any of respective licensors, advertisers, suppliers, and operational service providers and are legally protected, without limitation, under applicable law and rules , as well as applicable foreign laws, regulations and treaties.
The services of the site shall at all times be subject to the laws regarding all intellectual properties but not limited to trademark, copyrights, patent, trade secret. Users undertake and agree to abide by such laws including such laws which may come into effect after publishing these Terms and Condition.
The user is solely responsible for any violation of Terms and Condition, infringement of intellectual property, violation of any law caused by the user.
On publishing, posting, submitting, sending, storing any content to, on or through the site the user grants us an non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights in the information and content, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information. We may use such information to use, copy, transmit, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, print, edit, translate, reformat, exploit and distribute such information. The licence shall be used for publicity, marketing, operating, promoting and developing the site. This license shall continue to operate even if a User stops using Services or terminates this Agreement.
Nothing contained herein shall deemed to have conferred a licence to the users in respect of any of the intangibles on the site (including the software, transmission, data, the know how, the course, components of the course, the promotions, etc) whether existing or not.
The users shall not publish, place, post, display names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party. The users confirm and agree that they have the intellectual and proprietary rights of the anything posted, published, shared, communicated, displayed, transmitted, placed anywhere in or on the site or shared, transmitted, communicated to us. User undertakes that all and every content of the user does not infringe any third party’s right, property and interest. The user undertakes to indemnify us, our directors, employees, agents, associates, affiliates, assigns, third party service providers from any and all damage, loss, costs, harm, as any litigation costs, fees incurred due to any infringement of third party rights by the user or due to any act done or omitted to be done by the user. The user’s liability and undertaking to indemnify us shall continue even after the user has deleted the user’s account, we have deleted the user account or restricted the access to user’s account. Any omission of any act by us shall not absolve the user from the liabilities under these terms,
We do not hold any intellectual property right in ‘Google’, ‘Facebook’, etc. The names, logo, label, trademark, copyrights or other intellectual property rights vest with their respective owners. We recognize that these third parties have their own intellectual property right in such name, logo, label, trademark, copyright or any other property rights. Any reference to these is merely for the purpose of identification. Any issues with these may directly be resolved with the respective third parties.
LINKS TO OTHER SITES, APPLICATIONS AND THIRD PARTY CONTENT
For being eligible to use the site and to stream the courses on the site the user must
1. The user must be a registered user having proper account on the site
2. The user must be 18 years of age. Users below the age of 18 can stream the courses with permission of their Parents or guardians through the Parents or guardians account.
3. For Users that they are ineligible to use or access the site, any use of the site by such user, we do not take any responsibility or liability for any loss or damage including any criminal action taken against Scadoosh, its affiliates, agents, third party service providers and also their employees, consultants, lawyers, directors, shareholders, owners, advisors etc.
USE OF THE SITE
You agree, undertake and confirm that your use of site shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the site or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the site or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without our prior written consent such as Courses, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related on the site. Throughout this Terms and Condition, our prior written consent means a communication coming from us, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER’s use and enjoyment of the site or any other individual’s User and enjoyment of similar services;
(r) refers to any website, URL, applications that, in Our sole discretion, contains material that is inappropriate for the site or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms and Condition.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any virus, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or codes that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the site, or any other systems or networks connected to the site or to any server, computer, network, or to any of the services offered on or through the site, by hacking, password “mining” or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the site or any network connected to the site nor breach the security or authentication measures on the site or any network connected to the site. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to site, or any other customer, including any account on the site not owned by You, to its source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the site.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or our reputation, or users on Site or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
6. You agree that You will not take any action or assist or aid in any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site or systems or networks, or any systems or networks connected
7. You agree not to assist in use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the site, or with any other person’s use of the site.
8. You agree not to use any cheats, exploits, software, bots, hacks or any unauthorised third party software to modify or interfere with site or any services and/or experience on Site or assist in such activity.
9. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the site or any service offered on or through the site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Site.
10. You shall not be involved in any manner including assist or aid in copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software, modify any files or software, or disrupt, overburden, in the disruption or overburdening of any computer or server used to offer or support Site or any Services; or the enjoyment of Site or Services by any other User or person.
11. You may not use the site or any content for any purpose that is unlawful or prohibited by these Terms and Condition, or to solicit the performance of any illegal activity or other activity which infringes our rights of and / or others.
12. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service.You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
14. From time to time, You shall be responsible for providing information In this connection, You undertake that all such information shall be accurate in all respects.
16. You shall not operate or register more than one account on Site. Hence, user shall operate only one account across multiple email ids or SNS. For sake of clarity, if a user has more than one email account or more than one account on SNS, the user will create, operate or register account using only one of these and no further account(s) to be created, operated or registered using other email ids and other SNS.
17. You shall not engage in advertising to, or solicitation of, other Users of the site to buy or sell any products or services, You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms and Condition to use any information obtained from the site in order to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another person. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the access of any user to the site including the user’s account and take any action as We deems appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the site) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
18. We reserve the right, but have no obligation, to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Condition. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect our views. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Site. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
19. You agree to receive all communication from us including emails, notifications, messages to your registered email, account on site, account on SNS sites(s) or registered mobile number.
20. Users are themselves responsible for the maintaining confidentiality and secrecy of the user’s information, account, account details, password. User shall not knowingly or unknowingly disclose or reveal these to any other person and take necessary precautions. The user shall log out from their account and site after every use. We are not responsible for any breach of security or any loss or any damage caused to the user or any other person. User must inform us immediately about unauthorized use of their account, password or breach of security.
21. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
22. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Site and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the site, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized use, but by using the Site You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
23. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
24. Persons below the age of eighteen (18) years are required to seek permission or consent from their parents or legal guardians before furnishing data, participating or entering on Site or the Site Services or inter alia, in the Course, uploading pictures, streaming courses or being part, directly or indirectly, of any activity on Site. Entry to Site without consent from parent/s or legal guardian and consequent participation in any activity on Site Website is not permitted and such person is subject to disqualification at the sole and absolute discretion of Site, whenever it comes to the knowledge of Site.
25. Site believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing online their name, address and other personal information without parental permission.
26. Although persons below the age of 18 years are allowed to use certain Site Services on the Site with the consent of their parent/s or legal guardians, they may not (where expressly stated in the rules of the Course) stream Course(s) hosted by Site. Any person below the age of 18 shall not stream any courses that otherwise need any payment to be made or are paid courses without the permission of a Parent or an Adult.
If it comes to the notice of Scadoosh that any governmental, statutory or regulatory compliances or approvals are required for conducting any Course(s) or if it comes to the notice of Scadoosh that conduct of any such Course(s) is prohibited, then Scadoosh shall withdraw and / or cancel such Course(s) without prior notice to any Users or winners of any Course(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Course, or Course it in any manner.
The courts of competent jurisdiction at Bangalore shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Scadoosh Services provided by Scadoosh (including the Course(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Users) or Scadoosh, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (“Notification”) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
The place of arbitration shall be Bangalore, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
Nothing contained in these Terms and Conditions shall prevent Scadoosh from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Scadoosh’s interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Scadoosh to pursue any remedy for monetary damages through the arbitration described herein.
OTHER GENERAL CONDITIONS
Users shall access the courses provided on Scadoosh voluntarily and at their own risk. Scadoosh shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Scadoosh Services (including participation in the Course(s))
By accessing the Scadoosh Services provided herein, Users hereby release from and agree to indemnify Scadoosh, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Scadoosh Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
Scadoosh accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.
Users shall be solely responsible for any consequences which may arise due to their access of Scadoosh Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Scadoosh Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Scadoosh and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Scadoosh on account of such act on the part of the Users.
Users shall indemnify, defend, and hold Scadoosh harmless from any third party/entity/organization claims arising from or related to such User’s engagement with the Scadoosh or participation in any Course. In no event shall Scadoosh be liable to any User for acts or omissions arising out of or related to User’s engagement with the Scadoosh or his/her participation in any Course(s).
In consideration of Scadoosh allowing Users to access the Scadoosh Services hosted on the Scadoosh, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Scadoosh, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Scadoosh Services or related to the Courses or the prizes of the Courses.
Neither Scadoosh nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
Scadoosh shall not be responsible for any harm resulting from streaming or accessing any information or material, the quality of servers, courses, products, Scadoosh services or sites, cancellation of competition and prizes. Scadoosh disclaims any responsibility for, and if a User pays for access to Scadoosh’s Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Scadoosh’s maintenance on the servers or the technology that underlies our sites, failures of Scadoosh’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Scadoosh does not provide any warranty as to the content of the Courses. Scadoosh(s) Content is available on an “as is, as available” basis.
Any material accessed, streamed or otherwise obtained through Scadoosh is done at the User’s discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User’s computer system or loss of data that results from a User’s download of any such material.
Scadoosh shall make best endeavours to ensure that the Scadoosh(s) is error-free and secure, however, neither Scadoosh nor any of its partners, licensors or associates makes any warranty that: the Scadoosh(s) will meet Users’ requirements, or that the site and the courses(s) will be uninterrupted, timely, secure, or error free, or that the information that may be disseminated from the use of Site(s) or forming part of the course(s) will be accurate or reliable; or that the quality of any products, Scadoosh Services, information, or other material that Users purchase or obtain through Site will meet Users’ expectations.
In case Scadoosh discovers any error, including any error, Scadoosh reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a debit or adjustments by whatever name called of the erroneous payment from amounts due to the User or deduction from the User’s account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Scadoosh agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
Scadoosh nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
Any Scadoosh Services, events or Course(s) being hosted or provided, or intended to be hosted or provided by Scadoosh and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Scadoosh Services, events or Course(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any Services, events or Courses, Users (including Users) shall not be entitled to make any demands, claims, on any nature whatsoever.
Scadoosh may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon Scadoosh posting them on the Scadoosh or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the Scadoosh. If they do not provide Scadoosh with accurate information, Scadoosh cannot be held liable for failure to notify the User.
Scadoosh shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Scadoosh’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation by any teacher to who conducts a Course In such circumstances, Scadoosh shall also be entitled to cancel any related Course(s) and without any refund to any person whatsoever.
Scadoosh’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Scadoosh or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and Scadoosh and govern your use of the Site, superseding any prior agreements that any User may have with Scadoosh.
If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.
Scadoosh reserves the right to moderate, restrict or ban the use of the Scadoosh, specifically to any User, or generally, in accordance with Scadoosh’s policy/policies from time to time, at its sole and absolute discretion and without any notice.
Scadoosh may, at its sole and absolute discretion, permanently close or temporarily suspend any Scadoosh Services (including any Course(s) without any refund to the users for the amount already paid by them.
Further this document is an electronic record generated by computer system and does not need physical or digital signature(s).
Terms & Conditions (Teacher)By agreeing to sign up to become a Teacher on the Scadoosh platform, you agree to abide by these Teacher Terms (“Terms”). As Teacher you are contracting with M/s Scadoosh Labs Private Limited, a Company incorporated under the Companies Act, 2013. Scadoosh provides an online platform wherein a Teacher can conduct online teaching (“Services”).
1. Teacher’s Obligations
i. As a Teacher, you are responsible for all content that you share, post, including lectures, exercises, practice tests, assignments, resources, answers, content, and announcements (“Content”).
ii. You represent and warrant that:
• all your information and content is correct and accurate;
• your Content will not infringe or misappropriate any third party’s intellectual property rights;
• you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
• you will respond promptly to students and ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
• you will login at least 10 minutes earlier than the timing for scheduled session.
iii. You warrant that you will not:
• post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information;
• post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
• use the Services for business other than providing tutoring, teaching, and instructional services to students;
• engage in any activity that would require us to obtain licenses from or pay royalties or result into outflow to any third party, including the need to pay royalties for the public performance of a musical work, video, art or sound recording;
• do anything to circumvent Scadoosh;
• impersonate another person or gain unauthorized access to another person’s account;
• interfere with or otherwise prevent other Teachers from providing their services or courses or content
• abuse Scadoosh resources, including support services.
• cancel any Session(s)
iv. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the Scadoosh platform, and that you won’t solicit additional personal data or store students’ personal data outside the Scadoosh platform.
v. You will indemnify Scadoosh against any claims arising from your use of students’ personal data or any third party IPR.
vi. You will not use or make visible or mention in any manner whatsoever, any Trademarks; works of others during your Sessions.
vii. In case of emergencies, where an Teacher is not able to take session. The Teacher shall ensure and arrange for an alternate Teacher
2. Compensation/ Fees:
In consideration of conducting satisfactory Sessions subject to these Terms & Conditions, Scadoosh shall pay the Fees in manner stated below:
i. Upto Rs. 750/- (Including GST) per every completed session provided that the session should have minimum one student enrolled and present for the entire duration of the session.
ii. Compensation/ fees shall be subject to revision (upward or downward) in the sole discretion of Scadoosh.
iii. The payment of the Compensation/ Fees shall be subject to deduction of applicable taxes, cess, duties etc. and statutory payments, if any.
iv. All payments will be made by direct transfer to bank, in the Teacher’s name on or after the 5th (fifth) of every succeeding month provided proper bank details and KYC documents are provided to Scadoosh.
v. All payments are subject to deduction of appropriate withholding taxes and levies, if any, as applicable from time to time and shall be further subject to receipt of correct and valid invoices as per applicable laws from the Teacher.
vi. In the event that the Teacher fails to charge applicable taxes in his/her invoice(s), Scadoosh shall not be liable to pay the same at any time subsequently. The Teacher hereby expressly, unconditionally and irrevocably agrees that the amount mentioned in Clause 2 herein is the full and complete payment due to him/her for Services rendered in pursuance of this Agreement and that he/she shall have no further claims of any nature whatsoever in that respect, at any time.
vii. It being understood, acknowledged and admitted by Teacher that the Fees payable by Scadoosh to Teacher includes the amount payable for acquisition of all kinds of intellectual property rights and related/associated rights (hereinafter referred to as ‘IPRs’) in the content, information, documents, matter, Material, Works, things etc.
3. License to Scadoosh
i. Teacher grants Scadoosh the exclusive irrevocable worldwide license to offer, market, and otherwise exploit Teacher’s Content in any manner whatsoever
ii. Scadoosh may record all or any part of your Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services or using the same to provide services to the students without payment of any additional fees or consideration to you.
iii. Teacher grants Scadoosh permission to his/her name, likeness, voice, video and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, Content, or Scadoosh’s content, and Teacher waives any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
i. The Teacher agrees and acknowledges that during the course of the Teacher’s engagement with Scadoosh, the Teacher will become familiar and privy to various confidential information both oral and written (whether marked as confidential or not) and trade secrets, know- how of Scadoosh or those of its Affiliate(s). The Teacher is fully aware that his/her services will be of a distinct, unique and extraordinary value and therefore confirms, assures and undertakes that he/she will maintain strict confidentiality in relation to the entire work done by him/her or any other information that he/she may be privy to. It shall be mandatory for the Teacher to maintain complete secrecy.
ii. The Teacher also hereby further undertakes and agrees not to communicate, disclose, divulge or operate on his own or any third party’s account, any confidential information or knowledge, regarding any part or whole of the trade secrets, know-how, constituents of the business, strategic initiatives, IPRs, operating methods etc. which were transmitted to the Teacher or which the Teacher gained awareness of during the course of his/ her association with Scadoosh as the Teacher agrees the same is privileged and confidential in nature.
5. These terms are in addition to the General Terms of Service and so far as a Teacher using the Scadoosh platform is concerned, these terms shall override the General Terms of Service, if there is conflict between the two, the Terms & Conditions herein shall prevail over General Terms of Service.