TERMS OF USE

Welcome to EdPunk's Terms of Use (also "Terms and Conditions"). These terms are intended to explain our obligations as a service provider and your obligations as a user. Please read them carefully.

edpunk.com ("EdPunk", "Company", "Owner", "we", or "us") provides online education products and services through its website located at www.edpunk.com (the "Site"), the EdPunk mobile application (the "Application"), and other services and offerings provided by EdPunk (collectively, referred to as our "Product" or "Service"). By registering with us or by visiting, browsing, or using our Service in any way, you ("user" or "you") accept these Terms of Use (the "Terms"), which forms a binding agreement between you and the Company.

THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF OUR SERVICE. BY ACCESSING OR USING OUR SERVICE, YOU ARE ACCEPTING THESE TERMS ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY. IF YOU ARE ENTERING THESE TERMS ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS "YOU" OR "USER" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, DO NOT ACCEPT THESE TERMS AND YOU MAY NOT ACCESS AND/OR USE THE SITE OR THE APPLICATION OR SERVICE OR COLLECTIVE CONTENT (AS DEFINED BELOW).

1. DEFINITIONS

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

  • "Member" refers to a person, who completes the account signup or registration process.
  • "Community" collectively refers to all members using our Services and all followers/group members of official social media accounts.
  • "Friends" means 1st degree connection of a member, which may include friends, school-mates, batch-mates or any acquaintance.
  • "Content" means text, graphics, images, music, codes, software (excluding the Application), audio, video, information or other materials.
  • "EdPunk Content" or "Material" means all Content that EdPunk makes available through its Site, Application, Services, its related promotional campaigns, or its official social media channels, including any Content licensed from a third party, but excluding Community Content.
  • "EdPunk Free Content" refers to all EdPunk Content which is freely available to all Members and requires no fee payment.
  • "Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes through our Services, or makes available via promotional campaigns through the Site, Application or Services.
  • "Community Content" means Member Content along with any content posted by Community visible via official social media channels.
  • "Collective Content" means Member Content, Community Content and EdPunk Content.

2. ACCOUNT REGISTRATION

In order to use our Services you need to become a Member by undergoing the process of registration. The registration process involves using third party sign-in providers (Google, Apple) to authenticate and register new users. You may be requested to enter an invitation code to become a member and complete the registration process.

IF YOU ARE UNDER 18 YEARS OLD (OR THE AGE OF MAJORITY IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING OUR SERVICE), THEN YOU MAY ONLY ACCESS OUR SERVICE IF YOU HAVE YOUR PARENT OR LEGAL GUARDIAN'S CONSENT. IF YOU DO NOT HAVE THE REQUIRED CONSENT DO NOT ACCESS AND/OR USE OUR SERVICE.

You are allowed to use our Service after your account is created based on the personal information provided by you directly or via the information obtained from the third party sign-in providers (Google & Apple) during the time of registration. This information you provide should be accurate, current and complete and you agree to keep it up to date. You are not allowed to create or operate more than 1 (one) active EdPunk Account. In case you provide any inaccurate, fraudulent, not current or incomplete information; or create and operate more than 1 (one) active Account, you are in violation of these Terms, and the Company reserves the right to limit your access to the Service and suspend or terminate your Account.

3. PRIVACY POLICY

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your use of the Service. Your continued use of our Services implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by us in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of the Company.

Click here to read the complete Privacy Policy.

4. CONTENT ACCESS

After completing the registration process and becoming a member, you will have limited access to EdPunk Free Content. The entire access of EdPunk Free Content can be obtained by inviting your Friends to become a Member. Once a certain number (which is decided by the Company) of your invited Friends join using your invitation code, you will gain complete access to the EdPunk Free Content.

5. INTELLECTUAL PROPERTY RIGHTS AND TRADEMARK

The Site, Application, Services, and Collective Content are protected under the copyright, trademark, and other laws of India. The brand names, logos, related product and service names, design marks and slogans are the intellectual property/trademarks/service marks of the Company of which no license is granted to any person. Accessing or using our Service does not authorize anyone to use any intellectual property (which includes name, logo or mark) in any manner. All other marks are the property of their respective owners and any references made to any names, marks, products or services of third parties or hyperlinks to third party sites or information are provided for your convenience and the Company does not endorse, sponsor or recommend the sites, information, products or services of the mentioned third parties and cannot guarantee the accuracy of their material.

You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of EdPunk and its licensors. You will not try to remove, modify or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

6.1 EdPunk Content

You acknowledge and agree that all EdPunk Material is made available to you for limited, non-commercial, personal use only.

You will not use, copy, reproduce, republish, adapt, modify, prepare derivative works based upon, distribute, transmit, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, upload, "mirror" the materials on any other server or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. Any unauthorized attempt to copy (using screenshots, screen recording, audio recording, etc.), modify (remove any copyright or other proprietary notations), transmit (via file sharing, cloud service, torrent, email, peer-to-peer transfer, social media posts, messaging platforms, etc.) or broadcast (video uploading and sharing) any Material, or to defeat or circumvent any security features, or to use any part of the Material for any purpose other than its intended purposes is strictly prohibited.

6.2 Member Content or Community Content

By submitting or making available any Member Content or Community Content, you hereby grant the Company a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display (commercial or non-commercial), publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, by means of or to promote or market the Site, Application and Services. EdPunk does not claim any ownership rights on Member Content or Community Content and hence it is not liable for it.

As the owner of any Member Content or Community Content, you acknowledge and agree that you are solely responsible for it and guarantee that (i) you are the sole and exclusive owner of the Content that you make available, or (ii) you have all the necessary rights, licenses, consents and releases that grants the Company the rights of such Content, as contemplated under these Terms; and (iii) your Content does not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We respect copyright law and expect you to do the same. In case you violate the above terms, it will lead to an immediate termination of this license and your account will be suspended. Upon the termination of this licence, you are responsible for destroying any Material (both electronic and printed) in your possession. You must keep in mind that violating the copyright law is an punishable offence and a legal action might be taken against you based on the severity of your violation.

7. USER CONDUCT

You acknowledge and agree that you are solely responsible to comply with any and all rules, regulations, laws, and Tax obligations that may be applicable to your use of the Collective Content, Site, Application and Services. You also agree that you will not:

  • violate any local, state, national, or other law, rule or regulation, or any government organisation notice or court order (including but not limited to Tax orders and regulations) within or outside India;
  • violate the Copyright Policy and User Restrictions mentioned in the terms;
  • access or attempt to access any Material or EdPunk Content through any other means other than the Site, Application or our Services.
  • perform any cybersecurity or social engineering attack which includes but not limits to denial of service or distributed denial-of-service attacks, hacking, packet or IP spoofing, http(s) request header forging, falsifying requests, sniffing, forged routing and impersonation.
  • attempt to decrypt, decipher, unobfuscate, disassemble, reverse engineer or decompile any software contained on the Site, Application or any of our Services.
  • use automated or manual scripts, programs, algorithms, software, devices, robots, backdoors or other procedures to by-pass the navigation structure and/or access, screen-capture, screen-record, deep-link, "crawl", "scrape" or "spider" any Content or Material included in the Site, Application or Services;
  • attempt to detect, scan or probe for any API, network, authentication, security or system vulnerability;
  • attempt to disrupt, avoid, impair, bypass and security or technological measure implemented by the Company to protect the Material, Site, Application or Services;
  • expose any EdPunk Content or Member Content or Collective Content that (i) is not publicly available; (ii) violates the Privacy Policy or Terms of Use in any way; or (iii) violates the privacy rights or any other rights of any user/Community Member or any third party in any way;
  • post, publish, upload or propagate any content or information that can be considered offensive, false, inaccurate, misleading harmful, harassing, indecent, blasphemous, defamatory, hateful, pornographic, paedophilic, racist or otherwise objectionable. You should report any such content that you come across in our Site, Application or Service to the EdPunk team.
  • impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • mislead others by falsely claiming the Company's affiliation, endorsement or partnership;
  • malign, tarnish, dilute, or otherwise harm the EdPunk brand in any way, including through registering and/or using EdPunk or derivative terms (that closely imitate or are confusingly similar to EdPunk) in trade names, domain names, trademarks, tag-lines promotional campaigns and any other source identifiers, or making unauthorized use of Collective Content;
  • send any unsolicited commercial email ("spam") or any advertisements;
  • engage in any behaviour such as stalking, abusing, harassing, threatening, defaming, demeaning, collecting, storing or distributing any personally identifiable information, or violating the legal rights of any Member or public in general;
  • solicit, advertise or recruit any Member to join Competitive Services or any other third-party website, platform, app or service;
  • make or accept any payment related to any EdPunk service outside EdPunk;
  • bypass or circumvent the obligation to pay any Fees by indulging in any activity which is not allowed as per the Terms of Use.

8. RIGHT TO REFUSAL & TERMINATION

The Company reserves the right to modify, edit, delete, suspend or discontinue, temporarily or permanently your Account or its Service, with or without notice, at any time. You agree that we will not be liable to You or to any third party for any such action.

Any suspicious illegal activity can lead to immediate account suspension which will hinder you from accessing our Services in the future. Some of the reasons (not limited to these reasons) for which a user account can be blocked or terminated are:

  • Selling EdPunk Content
  • Sharing Account credentials
  • Performing suspicious activity like high number of API requests, logging using multiple devices, and any other abnormal activity.
  • Using illegal or jail-broken devices, Emulators, Virtual Machines, Screen Cast Devices, Smart TVs.
  • Capturing Screenshots, Audio Recordings or Screen Recordings of EdPunk Content and transmitting them via email, file sharing services, torrents, peer-to-peer transfer services, cloud storage services (like Google Drive, Dropbox, etc.) or sharing them on social media platforms (like facebook, instagram, reddit, etc.), messaging platforms (like whatsapp, telegram, signal, etc.) or video sharing platforms (like youtube, dailymotion, etc.).
  • Screen Casting or Screen Mirroring
  • Removing or Obscuring any EdPunk Content to remove brand names, logos, watermarks or any other marks that are a part of EdPunk's intellectual property.
  • Adding your own logo, watermark, name on any EdPunk Content and distributing it in any form as highlighted above.

9. DISCLAIMER & LIMITED LIABILITY

You acknowledge that EdPunk Content is provided on an 'as is' basis. You understand and agree that any Content obtained through our Service is done entirely on your own discretion and risk and you will be solely responsible for any damage. The Company does not provide any warranty of any kind (expressed, implied, statutory or otherwise) and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of title, merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Without limiting the generality of the foregoing, the Company makes no warranty that:

  • Services (which includes all Materials) are devoid of any technical, typographical, or photographic error. Any errors or defects identified or notified will be corrected.
  • Materials, information and results obtained will be effective, accurate, complete, current or reliable. The Company may make changes to any Material, information or results any time without notice. However, the Company does not make any commitment for any update.
  • Uninterrupted, timely, secure or error-free services will be provided or all your requirements will be met.

To the maximum extent possible as permitted by applicable law, the Company will not be liable for:

  • Any Member or Community Content with respect to its misuse, loss, modification or unavailability, or in case it violates intellectual property rights, libel, privacy, publicity, obscenity or other laws.
  • Any damages (inclusive but not limited to monetary, hardware, software damages) caused in any event arising out of the use or inability to use the Materials provided via our Service, even if the Company or a Company authorised representative had been notified orally or in writing of the possibility of such damage.
  • Any errors due to third party products or services.

In case the jurisdiction does not allow limitations on implied warranties, or limitations of liability for incidental or consequential damages, the above limitations may not apply to you.

10. INDEMNITY

You agree to release, defend, hold harmless and indemnify EdPunk, including but to limited to, its subsidiaries, affiliate vendors, partners, suppliers, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, obligations, damages (incidental, direct, indirect, special, consequential or punitive), losses (loss of use, data or profits), liabilities, costs or expenses (including but not limited to chargeable interests, accounting fees, legal fees and costs) arising from or connected to:

  • your access to and use of Materials, Site, Application or Service;
  • your violation of any conditions in the Privacy Policy and the Terms of Use;
  • your Community Content which includes your Member Content;
  • any claims made by third party who rely on your Member Content made available through the Services;
  • your interaction with any Community Member;
  • your enrolment or attendance in any Course, Program or Learning Track made available through the Site, Application or Services;
  • your violation of any third party right, including but not limited to copyright, intellectual property, or privacy right.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

11. GOVERNING LAWS & JURISDICTION

The right to investigate and prosecute violations of any of the above terms, to the fullest extent of the law, resides with the Company.

The Company may access, store and disclose any of your information as required by the law, or if it is necessary (i) to address claims asserted against the Company or to comply with the legal process (e.g., warrants or summons), (ii) to administer or enforce any agreement with users, such as the Privacy Policy or the Terms of Use, (iii) for assessing risks, preventing fraud, investigating cases, providing customer support, developing and debugging products, or (iv) to protect the intellectual property rights, trademarks or safety of the Company, its member users, or the public.

Although the Company has no obligation to monitor how you access or use the Site, Application, Services or Collective Content or to review or edit any Member Content, but it has the right to do so for improving the Services and to ensure that you are in compliance with these Terms, the applicable law, or if it is required to address any order/notice of a court, administration or any other government organisation.

You are not allowed to transfer or assign this Agreement and any rights and licenses granted here under. These Terms of Use together with the Privacy Policy and other legal notices published by the Company on its Site, App or Service, shall constitute the entire agreement between You and the Company. The failure to exercise or enforce any right or provision of these Terms by the Company shall not constitute a waiver of such right or provision. In case a court of competent jurisdiction deems any provision of these Terms to be invalid, the parties agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full effect. These Terms are governed by the laws of India and any dispute shall be subject to the exclusive jurisdiction of courts located in Pune, Maharashtra.

12. MODIFICATION, UPDATES AND AMENDMENT

We may, in our sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions and agree to periodically review the most up-to-date version of terms.

13. GRIEVANCE REDRESSAL

In case of any grievance arising from the use of our Service, please contact us at contact@edunk.com.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

Last Modified on: October 30, 2021