General
“www.eLearnerSathi.com” (hereinafter, the “Website” or “Site”) and the mobile learning application in relation thereto (“Application”) is owned and operated by by M/s QUICK LIFE a partnership firm incorporated in IGR Odisha, having its registered office at Plot No-2388/71, Budhibagicha, Infront of women’s college, Khordha,Odisha,752055, India. You are advised to read and understand these Terms carefully as your use/access/browsing of the Application and/or Website or any service in relation to the usage of the Application/Website (“Services”) and/or any product provided by the Company in relation to the usage of the Application/Website, including SD cards, tablets or other storage or transmitting device (“Product(s)) and/or registration pertaining to subscription for the Application, with or without payment/with or without subscription, (“Subscription”) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same. These terms and conditions (“Terms of Use”) shall also apply to the Subscriptions with the package of any Product provided by eLearnerSathi These terms are to be read along with the Privacy Policy and any other policies on the Website. This document is an electronic record published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the website and being generated by a computer system, it does not require any physical or digital signatures. For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires “You”, “Your” or “User” refer to the person visiting, accessing, browsing through and/or using the Website/Application or using the Services or Products, at any point in time. The term “We”, “Us”,“Our” shall mean and refer to the Website and/or the Company, depending on the context. The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value. We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration, following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
Services and Study Material Overview
The Website/Application is an online platform where users can gain access to materials that help them prepare for subjects such as science and mathematics, English and all other subject . The User can register themselves online and then gain access to the syllabus, questions, etc. (“Study Material”) after paying the money for the Study Material. The Study Materials shall be unlocked based on the amount paid for such Study Material. The Users shall make a yearly/ quarterly/monthly subscription for the Study Material from the platform. The Company shall have no responsibility for any (Device That You use for Browsing the website/application) loss or damage caused to any other hardware and / or software and/or any other instrument, including loss of data or effect on the processing speed, resulting from Your use of our Products and Services. The User must specify the address to which the shipment has to be made at the time of purchase of the Service and the Product. All Product(s) shall be delivered directly to the address as specified at the point of ordering and the User cannot, under any circumstances whatsoever, change the address after the order is processed. Any inconsistencies in name or address will result in non-delivery of the Product(s), and the Company shall not have any liability with respect to any loss suffered by the User. You acknowledge and agree that the Company is not the manufacturer of the Product and/or any medium/hardware that may be provided to you by the Company, and hence, any defect or damage relating to any Product shall be reported to the manufacturer whose details shall be specified on the packaging. Once an order is booked along with the Product, and the Product is delivered to the customers place, no subsequent refund / return request shall be accepted by the Company or any of its distributor(s). For the policy pertaining to the return of Product(s) damaged in transit or at the time of delivery, kindly refer the instruction sheet available with such Product(s).
Registration
To use the services provided on the website and make purchases, it is compulsory to create an account. A User may create an account on the Website which shall collect only Your basic information. To create an account, you need to choose a password and your mobile no is used as username. You must keep your account and registration details current and correct for communications related to your purchases from the Website.
At the time of registration, the Company shall collect the following personally identifiable information about you: Name - including first and last name, email address, mobile phone number and other contact details, demographic profile (like your age, gender, address, etc.,). You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false/inaccurate details or the Company has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your account.
Eligibility
If you are under the age of 15 years, you may use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. eLearnerSathi reserves the right to terminate or refuse your registration, or refuse to permit access to the Site, if it is discovered or brought to its notice that you are a minor.
Security
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
License and Access
The Company grants you a limited sub-license to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
Communication
By using this Website, it is deemed that you have consented to receiving calls, auto dialed and/or pre-recorded message calls, e-mails, from Us at any time with the use of the telephone number and e-mail address that has been provided by you for the use of this website which are subject to the Privacy Policy. The user agrees to receive promotional communication and news letters from the Company and its partners.
The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website.
Payment
The following payment options are available on the Application:
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favor of the Company.
The User is further aware that in case of third-party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. To successfully subscribe on the Website, the User is required to complete the transaction by making the payment for the services opted for.
User will be charged a non-refundable enrollment fee along with the package subscription fee and the study material cost (if the same is included in the Subscription package). This is a one-time fee for providing access to the eLearnerSathi platform and for guidance on using the platform (e.g., activation help, setting up student's syllabus), counselling service if availed, cost for user verification and cost of payment gateway charges.
User Obligations
You are a restricted user of this website:
a. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
b. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, you may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content.
c. In places where this website allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
ii. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner.
v. Post any file that infringes the copyright, patent or trademark of other legal entities;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
vii. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
x. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
xi. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
xii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiii. Violate any applicable laws or regulations for the time being in force within or outside India;
xiv. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
xv. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xvi. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
xvii. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
Copyright and Trademark
The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Site. Access to or use of the Site does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Site are owned by or licensed to the Company. Any use of the Site or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company. You may not modify, distribute or re-post anything on the Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to or use of the Site does not authorize anyone to use any name, logo or mark in any manner. References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
The Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party websites, you do so entirely at your own risk and expense.
Disclaimer of Warranties and Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The website, services and other materials are provided by this website is on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, eLearnerSathi makes no warranty that
a. Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
b. Materials, information and results obtained will be effective, accurate or reliable;
c. Any errors or defects in the website, services or other materials will be corrected.
To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. eLearnerSathi also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to an invalid coupon. eLearnerSathi accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
We shall not be liable for any third-party product or services. The advertisement available on e-mail or website with respect to the third-party website or the products and services are for information purpose only.
Termination
This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site.
Such termination will be without any liability to the Company. The Company’s right to any Comment sand to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Site or affect any liability that may have arisen under the User Agreement prior to the date of termination.
Hosting of Third-Party Information
The website hosts information provided by third parties. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.
Disputes and Jurisdiction
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
a. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties.
b. Stage 2: Judicial. If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Khordha.
Privacy
We encourage you to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to photographs) which You provide on the Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that your submission of such information is voluntary on Your part. Further, you acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.
eLearnerSathi 'Invite & Earn' Program
1. The eLearnerSathi 'Invite & Earn' Program allows registered eLearnerSathi users to earn eLearnerSathi Cash when the user creates an invite code and when a person, they invite signs up or subscribes to a eLearnerSathi package.
2. eLearnerSathi reserves the right to modify or terminate this offer at any time without prior notice. eLearnerSathi also reserves the right to deny a claim to the offer at its sole discretion, for misuse of the offer, and eLearnerSathi shall not be obliged to give an explanation for the same.
3. eLearnerSathi's services shall be governed by the terms and conditions declared at https://www.eLearnerSathi.com/terms.html
4. In case of any query regarding the offer, please email us at support@eLearnerSathi.com
Counselling sessions
You agree that eLearnerSathi Counsellor can create an account on eLearnerSathi on your behalf during the counselling session.
Contact Us
If you have any questions about this Agreement, the practices of eLearnerSathi, or your experience with the Service, you can e-mail us at support@eLearnerSathi.com.