As updated on January 23, 2020
Welcome to the JKSC terms and condition. These terms and conditions (“Terms and Conditions”), are between JKSC and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website www.jkshahclasses.com (“Website”), you agree to be bound by the provisions of these Terms and Conditions.
The domain name, Website and the Apps are owned, registered and operated by JK Shah Classes Private Limited, a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at 4th Floor, Shraddha Old Nagardas Road, Andheri East, Mumbai 400 069, Maharastra, India, (hereinafter referred to as “JKSC” or “ us” or “we” or “our” or “Company”).
- These Terms and Conditions apply to all Users of the JKSC Website, including educators who are also contributors of User Content on the JKSC Website. The JKSC Website includes all aspects of the Website and Apps which includes but is not limited to products, software and service offered via the JKSC Website, such as the JKSC online platform, and any other service or application that JKSC introduces from time to time.
- JKSC Website is an online platform that supports and facilitates the online creation of educational videos/or tutorials, by the Educators of the JKSC Website and acts as an intermediary between the educator and the User.
- You agree and acknowledge that JKSC shall have the right at any time to change or discontinue any aspect or feature of the JKSC Website, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, JKSC may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. JKSC reserves the right to refuse access to the JKSC Website, terminate Accounts, remove or edit contents without any notice to You.
In order to access some of the features of the JKSC Website, you may have to create your account with JKSC. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify JKSC immediately of any breach of security or unauthorized use of your account. At no point in time will JKSC be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to JKSC or others due to such unauthorized use, if any.
JKSC takes no responsibility for any User Content that is uploaded on the JKSC Website, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the JKSC Website provided herein.
Access, Permissions and Restrictions
JKSC hereby grants you permission to access and use the JKSC Website as set forth in these Terms and Conditions, provided that:
- You agree not to distribute in any medium any part of the JKSC Website or the content without JKSC’s prior written authorization.
- You agree not to alter or modify any part of the JKSC Website.
- You agree not to access content of any other User through any technology or means other than the video playback pages of the JKSC Website itself.
- You agree not to use the JKSC Website for any of the following commercial uses unless you obtain JKSC’s prior written approval:
- the sale of access to the JKSC Website;
- the sale of advertising, sponsorships, or promotions placed on or within the JKSC Website or content; or
- the sale of advertising, sponsorships, or promotions on any page or website that provide similar JKSC Website as that of JKSC.
- You agree to receive installs and updates from time to time from JKSC. These updates are designed to improve, enhance and further develop the JKSC Website and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit JKSC to deliver these to you) as part of your use of the JKSC Website.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the JKSC Website in a manner that sends more request messages to JKSC’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, JKSC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. JKSC reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the JKSC Website, nor to use the communication systems provided by the JKSC Website (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the JKSC Website with respect to User Content.
- You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give JKSC limited, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its JKSC Website and in any of its marketing or promotional activities.
- In your use of the JKSC Website, you will at all times comply with all applicable laws and regulations.
- JKSC reserves the right to discontinue any aspect of the JKSC Website at any time with or without notice at its sole discretion.
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
- JKSC Content utilized on the JKSC Website which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics are owned by or licensed to JKSC and subject to copyright and other intellectual property rights under the law.
- User Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality on the JKSC Website and as permitted under these Terms and Conditions. You shall not download any User Content unless you see a “download” or similar link displayed by JKSC on the JKSC Website for that User Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of JKSC or the respective licensors of the User Content. JKSC and its licensors reserve all rights not expressly granted in and to the JKSC Website and the User Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the JKSC Website or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the JKSC Website or the User Content therein.
JKSC Intellectual Property Right
The JKSC Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the JKSC Website is owned and controlled by JKSC and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, JKSC owns all IPR to and into the trademark “J.K. Shah Classes” and the JKSC Website.
The mark “ JKSC” is the sole property of JKSC. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from JKSC.
Any refunds that are to be processed shall be processed in accordance with JKSC’s refund policy.
When you visit JKSC Website or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on JKSC Website. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
Termination of Account
- JKSC will terminate a User's access to the JKSC Website, if
- the User is a repeat copyright infringer;
- the Users breaches any terms of these Terms and Conditions.
- Violation of any applicable laws;
- your use of the JKSC Website disrupts our business operations or affects any other party/ User; or
- you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against JKSC.
- JKSC reserves the right to decide whether User Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that JKSC deems fit from time to time. JKSC may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's account for submitting such material in violation of these Terms and Conditions.
- We may suspend access to the JKSC Websites or require You to change Your password if we reasonably believe that the JKSC Websites have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the JKSC Websites will not affect liability previously incurred by You.
Effective of Termination
In case any of the above-mentioned cases occur, JKSC reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:
- JKSC shall at its sole discretion withhold or stop any and all payments that are to be made to such User and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.
- Payments shall not be made for the work that is the subject matter of any of the breaches.
- User access shall be terminated immediately, and the User shall not be able to access the said terminated account.
- JKSC operates a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party.
- As part of JKSC's copyright policy, JKSC will terminate User access to the JKSC Website if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
- If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given in the copyright policy on how to make a claim of copyright infringement.
- Notice of Copyright Infringement:
- Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology Act of 2000, we an intermediary, allow general public to post content on our platform. We have implemented procedures for receiving written notification of claimed infringements on the User Content uploaded on JKSC Website. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication which contains:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the JKSC Website, including the educator name, topic and any other detail identifying the infringing content;
- Your email address, your physical address and telephone number;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to our Copyright Agent as follows: Email us email@example.com
Or contact us by mail at:JKSC ATTN: Legal Department
JK Shah Classes
4th Floor, Shraddha, Near Chinai College, Old Nagardas Road Andheri West, Mumbai 400 069
You will not without obtaining prior written consent of JKSC, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the JKSC Website.
For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to JKSC or JKSC Website which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of JKSC and any breach of the same shall cause irreparable damage to us.
YOU AGREE THAT YOUR USE OF THE JKSC WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JKSC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE JKSC WEBSITE AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, JKSC EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON JKSC, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE JKSC WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE JKSC WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE JKSC WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JKSC WEBSITE. JKSC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR JKSC WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JKSC WEBSITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JKSC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JKSC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT JKSC, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR JKSC WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE JKSC WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR JKSC WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JKSC WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JKSC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, JKSC LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE JKSC WEBSITES AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT JKSC SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE JKSC WEBSITE IS CONTROLLED AND OFFERED BY JKSC FROM ITS FACILITIES IN INDIA. JKSC MAKES NO REPRESENTATIONS THAT THE JKSC WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE JKSC WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless JKSC, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the JKSC Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the JKSC Website.
Eligibility to use and Acceptance of the Terms and Conditions
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the JKSC Website.
JKSC reserves the right to refuse access to use the JKSC Websites to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms and Conditions with our JKSC Website so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the JKSC Website is subject to the most current version of the Terms and Conditions made available on the JKSC Website at the time of such use.
JKSC shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
Information Technology Act
You are advised not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
Certain laws require to maintain data with respect to the JKSC Website and other personal information in a prescribed format and JKSC will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
Governing Law and Jurisdiction
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India.
Modification, Amendment or Termination
JKSC may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the JKSC Website post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the JKSC Website shall be in writing and sent to the registered office of JKSC. We do not guarantee continuous, uninterrupted or secure access to the JKSC Website, and operation of the JKSC Website may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Please read the subscription terms and conditions carefully before subscribing to any of the subscription plans, as once you have subscribed you cannot change, cancel your subscription plan. Once you subscribe and make the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund.