Terms of use

These Terms of Use ("Terms") were last updated on September 30, 2018.

EShaastra’s objectives is to reach out to maximum number of people learning through e-learning courses being provided herein to students in different branches of education in around the world. We enable anyone with access to internet connection anywhere in world to create and/or share educational courses (instructors/educational institutes) and to enroll in these educational courses to learn (students). These Terms apply to all your activities on the EShaastra website and/ or other related services (“Services”).

“Website”, we” and “us” means here “www.eshaastra.com”

 

“Student” means here who will create an account to enroll in courses on our website.

“Teacher” or “Instructor” meaning who will publish his/her course on our website.

If you publish a course on the EShaastra platform, you must also agree to the Instruction Manual.

 

By accessing this website, you agree to resolve disputes with EShaastra through binding arbitration to be held in Karnal, India,

Table of Contents

  1. Account Creation
  2. Enrollment and Period of Access
  3. Payments and Refunds
  4. Content and Behavior Rules
  5. EShaastra’s Rights to Content You Post
  6. Using EShaastra course at Your Own Risk
  7. EShaastra’s Rights
  8. Miscellaneous Legal Terms
  9. Dispute Resolution
  10. Updating These Terms
  11. How to Contact Us

 

  1. Accounts Creation

You need an account for most activities on our platform including to access and enroll in a course or to submit a course for publication. You are advised to keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting us on the email address provided below. You must have reached the age of consent for online services in your country.

  1. If the age of student is less then the age of using online services in your country then parents/guardian of those students can enroll in the course by using their own credentials like email, names etc. For us now they are students. If they feel these contents are appropriate for their children, then they can help them in applying the knowledge gain from the courses. But they can teach it with their kids only. They are not allowed to use it for commercial purpose or even non-commercial purpose to teach others. Enroll for parents is just our suggestion its not a recommendation.
  2. When setting up and maintaining your account, you must provide accurate and complete information, including a valid email address. You agree to indemnify and keep the website owner indemnified for everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission.
  3. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.

Instructors/teachers must be at least 18 years of age to create an account on EShaastra and use the Services, That prior to creation of an account, you may be requested to verify your identity before you are authorized to submit a course for publication on EShaastra.

You can terminate your account at any time.

  1. Enrollment and Period of Access

When you enroll in a course, you get a license from us to view it via the EShaastra Services and no other use. We reserve at our sole discretion to disable the course because of legal or policy reasons.

When instructors/teachers publish a course on EShaastra, they agree that automatically EShaastra has been granted a license to further sub-license, the said course to students for a fee.

EShaastra grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services.

Students stand notified and cautioned hereby that the Courses are licensed for  a 3 years period only to students who paid some amount to join the course but this period is limited by 30 days only to those who enrolled a free access(without any payment), Although our wish is to provide it as long as we can. It depends upon affordability, technological updates and so many other unpredictable factors. But after the expiry of license period it is our sole discretion to allow you to access our courses or not.

That the students agree that they may not reproduce, download, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless they have obtained a permission in writing signed by a EShaastra authorized representative.

  1. Payments and Refunds

You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. EShaastra works with third party payment processing partners to offer you the most convenient payment methods.

When you make a purchase, you agree not to use an invalid or unauthorized payment method.

Refund or cancellation

As our courses are eproduct. So, once we have granted access to you we assume it used. So, there is no refund after you got the access. But if there is some law which is not in our knowledge now we can consider those situation and refund within 30 days of granting you the access to the course. But it should not be accessed /used not more than 5% of the total number of lessons in content index. We will refund by deducting the payments of agency who charged from us in transferring payment from you to us like PayPal (they charge around 3- 6.5%).

How we consider our courses is used by student.

In student dashboard you can see a column by the name “viewed” if an eye like symbol appeared in front of this it means it is accessed already.

At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms, you will not be eligible to receive any credit or refund.

  1. Content and Behavior Rules

You can only use EShaastra for lawful purposes and in compliance with all laws and rules as applicable in India only. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with our policies detailed in the website and the law, and respect the intellectual property rights of others. We reserve the right to ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know and we shall take immediate steps as soon as possible situation allows.

If you are a student, the services enable you to ask questions to the instructor/teacher of courses you are enrolled in, and to post reviews of courses. For certain courses, the instructor invites you to submit content as “homework” or tests. Don’t post or submit anything that does not belongs to you. But students must behave in an appropriate way while asking questions. Any abusive language or asking can cause your account termination.

If you are an instructor/teacher, you can submit courses for publication on the platform and you can also communicate with the students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws of India. You are solely responsible for any courses, content, and actions you post or take via this platform and consequences thereof.

That you agree that if we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our  Guidelines, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform.

EShaastra reserves its discretion in enforcing its guidelines by terminating or suspending your license to use our platform and Services or ban your account at any time, with or without notice, for any violation of any of these Terms stated herein.

All third parties are hereby notified that if one of our course instructor/teacher has published a course that infringes your copyright or trademark rights, please contact us on info@eShaastra.com

We require our instructor/teacher to follow the law and respect the intellectual property rights of others.

 

  1. EShaastra’s Rights to Content You Post

You retain ownership of content you post to our platform, including your courses. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.

The content you post as a student or instructor/teacher (including courses) remains yours. By posting courses and other content, you allow EShaastra to reuse and share it, but you do not lose any ownership rights you may have over your content. If you are an instructor, be sure to understand the course licensing terms that are detailed in the Agreement.

When you post comments, questions, reviews through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with EShaastra for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

  1. Using EShaastra at your own risk

Anyone can use EShaastra to create and publish courses and instructor/teacher and we enable instructor/teacher and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use EShaastra at your own risk. EShaastra has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. That the online instructor/teacher/Guide will upload the courses onto the website and we will send emails to our existing users and will market our website. Once course uploaded online instructor/teacher/Guide cannot remove the course till the validity of the course. He can only stop further selling of course.

 

  1. EShaastra’s Rights

We own the EShaastra platform and Services, including the website, present or future apps and services, and things like our logos and content created by our employees and no unauthorized use is permitted.

All right, title, and interest in and to the EShaastra platform and Services, including our website, our existing or future applications, our databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructor/teachers/ course guides and students) are and will remain the exclusive property of EShaastra and its licensors. Nothing gives you a right to use the EShaastra name or any of the EShaastra trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding EShaastra or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

  1. Miscellaneous Legal Terms

You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with EShaastra. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

If you are a course instructor/teacher accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Any version of these Term in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us (which include, if you are a course directors/instructor/teachers)

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

Disclaimers

The services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. The wwweshaastra.com parties specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage. The eshaastra parties further disclaim any and all liability related to your access or use of the services or any related content. You acknowledge and agree that any access to or use of the services or such content is at your own risk.

Some instructor/ teacher uses their additional disclaimer. Here is a disclaimer from Krishan Chahal (legal name Krishan Kumar)

 

The information contained in his courses is strictly for educational purpose only. It is licenced with the understanding that the instructor is not engaged to render any type of psychological or any other kind of professional advice. The content of his courses are the sole expression, observation and opinion of him.  Improvement depends upon various factors which differ from person to person, so he does not claim the level of improvement.

 

Characters/names used in these courses in relevance of any example are just to make it more explanatory and there is no intention to harm the image of any individual, group, religion or community. All disputes are subject to the jurisdiction of competent courts in Karnal.

 

Limitation of Liability

To the maximum extent permitted by law, the eshaastra parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any party other than the applicable eshaastra party, including without limitation, any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or alteration of your content or information. In no event shall EShaastra’s aggregate liability for all claims related to the services exceed hundred INR or the total amount of fees received by eshaastra from you for the use of paid services during the past six months, whichever is greater.

You acknowledge and agree that the disclaimers and the limitations of liability set forth in this term of use reflect a reasonable and fair allocation of risk between you and the eshaastra parties, and that these limitations are an essential basis to EShaastra’s ability to make the services available to you on an economically feasible basis

Affiliate liabilities

We use affiliate to market our product. Affiliate means any individuals/companies/institutes/ who will take some percentage of fee on courses sold by him to the users. Everyone has his/her ways to communicate his/her message. Sometimes this communication is not clear between parties. It is not possible to monitor their ways of communication. Sometimes our services may not be represented clearly intentionally or unintentionally by the affiliates. So, we recommend our website users to verify any claim and commitments made by our affiliates. EShaastra and its all parties/associates/teacher/instructors will not be responsible for claims made by him/her.

You agree that any cause of action related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Indemnification

You agree to indemnify, defend (if we so request), and hold harmless EShaastra, our group companies, and their officers, instructor/teacher, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

Governing Law and Jurisdiction

These Terms are governed by the laws of India and by entering this website you agree to be bound by the jurisdiction of Karnal, India only.

Address for Notices

if you have an account on eshaastra then all the communication will be done via your registered email in account only. We will not entertain any other email messages. Here your primary identity is your email. We consider your first identity your email id given by you at the time of account registration.

Third party can communicate to us on info@eshaastra.com

Principle to principle agreement: You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

Special Agreement

We use some special agreements with our trainers and affiliates. If any trainer or affiliate falls in that category. Conditions mentioned in that written agreement duly signed by authorities will prevail.

We have made our website live but at that time we have mentioned in front of every course this term "under development" It means we are not selling our courses write now. If you enrol in an under develop course, then you have to wait till our course completion.

You agree not to assign or transfer these Terms (or the rights and licenses granted under them).

  1. Dispute Resolution

Any dispute whosoever under this agreement shall be referred to Arbitration to be held and conducted in Delhi under the Indian Arbitration and conciliation Act, 1996 only.

  1. Modification

We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. Your continued use of this site following our posting of a modification notice or new terms of use on this site will constitute binding acceptance of the modification or new terms of use.

  1. Use & Restrictions.

Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. another not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.

If you found that any term and condition is not legal kindly contact us on our below given email ids and wait for our response. But if you still use our website then you agreed to it. Internet law is very new, and some countries have their own rules and regulations. If we missed any terms or if our terms and conditions mentioned here is not appropriate as per law, then only that particular term is need be discussed or under dispute. It does not mean the termination of complete terms and conditions mentioned here.

 

  1. How to Contact Us

Please send an email to info@eShaastra.com with your questions, concerns, and feedback about our Services.

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