TERMS AND CONDITIONS OF ACCESS OR USE

TERMS AND CONDITIONS OF ACCESS OR USE

Effective 30 th November’2019

  1. Introduction
    1. Unnobo Educational Services Private Limited having its registered office at plot no.7- B, Prayatna, Road no. 3,Abhinav Nagar, Borivali East, Mumbai- 66 (hereinafter referred to as ” Unnobo Learn@Home“, ” we“, ” us“, ” our” or “ the company”) provides live tutoring, online classes, live demo, doubt clearing sessions for the students seeking to enroll for such courses (the ” Services“), which Services are accessible at www.unnobolearnathome.com and any other websites through which Unnobo makes the Services available (collectively, the ” Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the ” Applications“).
    2. By accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site, via the Applications, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services (“ Terms of Services” or “ Terms”), whether or not you have registered with the Site and/or Application.
    3. Therefore, PLEASE READ THESE TERMS OF SERVICE BEFORE ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
    4. If you do not agree to these Terms, then you have no right to access or use the Site, Application, Services, or Collective Content (as defined below).If you are using the Site, Application or Services then these Terms of Service are binding between you and Unnobo Learn@Home.
  2. Definition

    In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:

    1. Courses” means educational courses listed on the Site or Application.
    2. Session” means the lecture given by the tutor which lasts for one hour.
    3. Session Fees” means the per hour rate for the lecture.
    4. Content” means text, graphics, images, music, software, audio, video, information or other materials.
    5. Member” means a person, who completes Unnobo Learn@Home account registration process.
    6. Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Unnobo Learn@Home promotional campaign to be made available through the Site, Application or Services.
    7. Payment Method” means a payment method that you have added to your Learn@Home Account, such as a credit card, debit card or net banking.
    8. Unnobo Student” shall mean those students registered with Unnobo in the online platform, in case of minor student the parent or guardian who enroll their child or ward for the Session on Application.
    9. Tax” or ” Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that Unnobo Learn@Home may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
    10. Teacher/Tutor” means a Member who has been selected by Unnobo Learn@Home in order to provide services through the Application
    11. Unnobo Content” means all Content that Unnobo makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Student Content.
  3. Terms of Service
    1. By using the Site, Applications or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined above), and constitute a binding legal agreement between you and Unnobo .The user further accepts to allow Unnobo Educational Services Private Limited to reach them through call for providing existing services and for providing information on new products and services and will not be subject to DND regulations for such calls.
    2. In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
    3. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal liabilities.
  4. Eligibility
  5. Use of the Site, Application and Services is available only to persons who can form legally binding contracts under Indian laws. The Site, Application and Services are intended solely for persons who are 18 years of age or older. If you are below 18, then your parent or guardian can open an account and help you build your account. The use of the Site, Application and Services is also not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. Any access to or use of the Site, Application or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years or older.-

  6. Your Right and Obligations
  7. Registration Details and Account Security

    In consideration of your use of the Site and application, you agree to

    1. Provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Details”);
    2. Maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete; and
    3. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge.
  8. Usage of Site, Application or Services
    1. The Site, Application and Services can be used to facilitate the Students to enroll for sessions. Such sessions are included in Listings on the Application by Unnobo Learn@Home. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to enroll for the sessions, you must first register to create a Unnobo Account.
    2. Unnobo Learn@Home makes available an online platform which provides various online sessions for the Students. Unless explicitly specified otherwise in the Unnobo platform, Unnobo Learn@Home’s responsibilities are limited to facilitating the availability of the Courses through the Site, Application and Services.
  9. Account Registration
  10. In order to access certain features of the Application, you must register to create an account (” Unnobo Account“) and become a Member. You may register to join the Services directly via the Site. A Teacher is also registered and an account (“ Tutor Account”) created once selected by Unnobo Learn@Home for providing services through the Application.

    1. Students will be able to view Courses via the Site, Application and Services based upon the information provided in the Listing, Students requirements, and Students’ search parameters and preferences.
    2. Please note that Unnobo assumes no responsibility for a Student’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Unnobo reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that Unnobo, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Unnobo’s then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
    3. If you are a Tutor, you understand and agree that your relationship with Unnobo Learn@Home is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint- venturer or partner of Unnobo for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit ofUnnobo. Unnobo Learn@Home does not control, your offline activities. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Unnobo, including by inappropriately using any Unnobo intellectual property.
    4. When you register, you will also be required to upload certain information, such as, uploading a profile picture or verifying phone number and email ID. Any Member wishing to register must meet these requirements.
  11. No Endorsement
  12. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Unnobo with respect to such actions or omissions.

  13. Payment Terms
    1. The Session Fees payable will be displayed to the Student before the Student sends a request to the Tutor. Upon the Students request, Unnobo may initiate a pre-authorization and/or charge a nominal amount to Student’s Payment Method pursuant to the Payments Terms.
    2. Unnobo Learn@Home will collect the Fees from Students at the time of the booking the session.
    3. Unnobo Learn@Home agrees that no refund will be permitted in respect of sessions already provided.
    4. You agree that Unnobo Learn@Home through its Site or Application would raise system generated invoice to the Student in relation to the session for which the Student has requested or in relation to any kind of payment done, as per applicable laws. Unnobo Learn@Home will raise invoice for the above which shall be inclusive of all applicable Taxes.
    5. You as a Student agree to pay the Session Fees for any Session requested, in connection with your Unnobo Account. Unnobo will collect the session Fees pursuant to the Payments Terms.
  14. Cancellations and Refunds
    1. If the student doesn’t connect to the teacher for 15 min after the scheduled lecture time will be considered as cancelled.
    2. If the lecture is cancelled 50% of the amount paid by the student will be forfeited and balance 50% will be adjusted in other lecture / offer coupon will be given.
    3. The amount paid by student towards GST cannot be adjusted or refunded; it will be paid to the government.
    4. Out of the amount forfeited 50% will go to the teacher who was present during the lecture and balance 50% will go to Unnobo.

    If we cancel a confirmed session made via the Application, Unnobo will refund the entire amount which shall not exceed the total amount paid by the Student.

  15. Taxes
  16. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the ” Tax Authority“) where your office or residence is located may require Taxes to be collected from Students on the amount paid for the session and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the session Fees set by Unnobo.

  17. User Conduct
    1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
      1. violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
      2. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
      3. access or use our Site, Application, Services expose or allow to be used or exposed, any Unnobo Content: (i) that is not publicly displayed by Unnobo in its search results pages or listing pages before an enrolment is confirmed; (ii) in any way that is inconsistent with the Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Unnobo’s users or any other third party;
      4. use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Unnobo endorsement, partnership or otherwise misleads others as to your affiliation with Unnobo;
      5. dilute, tarnish or otherwise harm the brand in any way, including through unauthorized use of Collective Content, registering and/or using Unnobo or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Unnobo Learn@Home domains, trademarks, taglines, promotional campaigns or Collective Content;
      6. copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
      7. infringe the rights of the company or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
      8. interfere with or damage our Site, Application, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
      9. use our Site, Application to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
      10. use our Site, Application, or Collective Content in connection with the distribution of unsolicited commercial email (” spam“) or advertisements unrelated to lodging in a private residence;
      11. “stalk” or harass any other user of our Site, Application, or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Unnobo Student;
      12. register for more than one Student Account or register for an Unnobo Account on behalf of an individual other than yourself, except in case where the parent is registering the account for its child or guardian for its ward;
      13. contact another Member for any purpose other than asking a question related to an booking, Course, Session, or the Member’s use of the Site, Application and Services;
      14. recruit or otherwise solicit any Member to join third-party services or websites that are competitive to Unnobo without Unnobo’s prior written approval;
      15. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
      16. use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
      17. use the Site, Application, Services or Collective Content to find a Student and then complete an enrolment of Course independent of the Site, Application or Services, in order to circumvent the obligation to pay any Fees related to Unnobo provision of the Services or for any other reasons;
      18. violate these Terms or Unnobo’s then-current Policies and or Standards;
      19. engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Platform, Application, or Services;
      20. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
      21. systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
      22. access, tamper with, or use non-public areas of the Site, Application or Services, Unnobo’s computer systems, or the technical delivery systems of Unnobo’s providers;
      23. attempt to probe, scan, or test the vulnerability of any Unnobo system or network or breach any security or authentication measures;
      24. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Unnobo or any of Unnobo’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
      25. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
      26. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
    2. Unnobo has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Unnobo may take a range of actions against you, including but not limited to deactivating or cancelling your Account, for a violation of this Section or these Terms.
    3. Unnobo may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Unnobo Learn@Home or to comply with legal process (for example, summons or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Unnobo, its users, or members of the public.
  18. Reporting Misconduct
  19. If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Unnobo by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

  20. Privacy
  21. In order to provide the services to you we collect some of your Personal Information. We describe our collection and use of personal information in our Privacy Policy.You must agree to the processing of your personal information as laid out in Unnobo’s Privacy Policy (as may be updated from time to time). You agree that Unnobo may disclose personal information provided to us, including the data entered into the Website, if required to by law or government request such as a warrant. You must be 18 years or older to use this service. You are responsible for preventing unauthorized access to your account.

  22. Intellectual Property Ownership and Rights Notices
  23. The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of India. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Unnobo and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Unnobo used on or in connection with the Site, Application, Services, and Unnobo Content are trademarks or registered trademarks of Unnobo in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Unnobo Content are used for identification purposes only and may be the property of their respective owners. As a Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Unnobo’s Trademark & Branding Guidelines (as may be updated from time to time).

  24. Hyperlinks

    The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Unnobo is not responsible or liable for:

    1. the availability or accuracy of such websites or resources; or
    2. the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Unnobo of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
  25. Feedback
  26. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (” Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Unnobo and you hereby irrevocably assign to Unnobo all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Unnobo’s request and expense, you will execute documents and take such further acts as Unnobo may reasonably request to assist Unnobo to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

  27. Disclaimers
    1. If you choose to use the Site, Application, Services or Collective Content, you do so at your sole risk. You acknowledge and agree that Unnobo does not have an obligation to conduct background or character checks on any Member, but may conduct such background or character checks in its sole discretion. If we choose to conduct such checks, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future.
    2. Unnobo makes no warranty that the site, application, services, collective content, including, but not limited to, any session , will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Unnobo makes no warranty regarding the quality of any Listings, Sessions, teachers, Students, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness -or reliability of any collective content obtained through the Site, Application or Services.
    3. No advice or information, whether oral or written, obtained from Unnobo or through the Site, Application, Services or Collective Content, will create any warranty not expressly made herein.
    4. You are solely responsible for all of your communications and interactions with other users of the Site, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Application or Services, including, but not limited to, any Students. You understand that Unnobo does not make any attempt to verify the statements of users.
  28. Indemnification
  29. You agree to release, defend, indemnify, and hold Unnobo and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of booking a session.

  30. Governing Law
  31. “The User Agreement between you and Unnobo Learn@Home, will be governed by, and construed in accordance with the laws in force in (a) the State of Delaware, if the User/Member is located outside the territorial jurisdiction of India; (or) India, if the User/Member is located within the territorial jurisdiction of India.”

  32. Miscellaneous
    1. Unnobo shall have no liability of any nature, whether in contract, or otherwise, for any losses whatsoever and howsoever caused, from or in any manner connected with any of the Services provided by Us.
    2. Unnobo is not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond Unnobo’s reasonable control.
    3. You may not assign or transfer these Terms, by operation of law or otherwise, without Unnobo’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Unnobo may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    4. Unnobo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) provided by Us with or without notice. You agree that Unnobo shall not be liable to You or to any third party for any modification, suspension or discontinuance of such Services. It is your responsibility to review these Terms periodically for updates/changes.
    5. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information provided by us, including any intellectual property rights of Unnobo or any person firm or corporation having posted information for availability through the Services provided by us.
    6. You agree that in the event Your post or Your information violates any provision of this Terms, We shall have the right to refuse to provide You or any person acting on Your behalf, access to the Site and Application, terminate and/ or suspend Your access if applicable in the future.

    CONTACT INFORMATION:

    We welcome any questions or queries regarding these terms by emailing us at – info@unnobolearnathome.com

    Registered Office:

    Unnobo Educational Services Pvt. Ltd.
    Plot no.7- B, Prayatna,
    Road no. 3,Abhinav Nagar,
    Borivali East, Mumbai- 66
    Phone– 9324544004