Terms & Conditions
We recommend You to read these terms very carefully. By accessing the Platform, You agree to comply with the Terms.
Welcome to EDUCLO! The website www.educlo.com and any related mobile application (hereinafter referred to as the “Platform”) is owned, maintained, operated and managed by EDUCLO PTE. LTD. (hereafter referred in this document as “EDUCLO”/ “We”/ “Us”).
1. ACCEPTANCE OF TERMS
Any services, offered by EDUCLO through the Platform to the variety of resources, including download areas, communication forums and product information including but not limited to any updates, enhancements, new features, and/or the addition of any properties to the Platform (“Services”), is subject to your unconditional acceptance of these terms and conditions of use (“Terms”). These Terms will apply to you the user (“You” or “User”) whether using the Platform, as applicable as, Users who are seeking educational content of educational courses (“Learner(s)”) through the Platform, and Users seeking to offer their educational content to Learners, including but not limited to offering enrolment to specific courses offered by them (“Content Partner(s)”).
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR IF YOU CANNOT REMAIN IN COMPLIANCE WITH SUCH TERMS, PLEASE DO NOT ACCESS THE Platform OR USE ANY OF THE SERVICES AND IMMEDIATELY CEASE SUCH ACCESS AND USE.
These Terms, incorporates by reference other provisions applicable to use of the Platform, including, but not limited to, any additional terms and conditions set forth herein governing the use of certain specific Services contained in the Platform. By using the Platform (other than to read this Terms for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use the Platform is personal to User and is not transferable to any other person or entity.
If You are a Content Partner, then in addition to these Terms, you also agree to be bound by the Partner Terms.
If you are a Learner, then in addition to these Terms, you also agree to be bound by the Learner Terms.
2. CHANGE OF TERMS
EDUCLO shall have the right at any time to change or modify these Terms, or any part thereof, or to impose new conditions, including, but not limited to, adding or modifying fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Platform, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. If We make any material change, We will notify You using prominent means, such as by email notice sent to the email address specified in Your account or by posting a notice through the Platform. Changes will not apply retroactively. The most up to date version of the Terms will always be available for your review under the "Terms of Service" link that appears at the bottom of the EDUCLO website and in the designated link available in the mobile application. We strongly suggest that You review the Terms regularly. Any use of the Platform by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. If You do not agree to the modified Terms for a Service, please discontinue Your use of that Service.
3. DESCRIPTION OF SERVICES
The Platform is an online marketplace platform, which enables and provides a convenient and unified platform where Learners can search and access educational content across the globe and apply for educational courses and Content Partners can optimize their educational offerings by uploading educational content and courses on the Platform and gain access to Learners, available globally.
Please take note that the Platform merely functions as a facilitator for the interactions between the Learners and Content Partners and shall not be a party to any commercial / contractual terms offered by and agreed to between such Users. Users understand and agree that We are not a party to any contract or arrangement entered into between Users. Content Partners and Learners will be independently responsible and liable to each other under the terms of any contract or understanding they may enter into.
4. ELIGIBILITY OF USERS
By using the Platform, you warrant You satisfy all the below mentioned basic eligibility criteria:
You are at least 18 years old (if You are an individual) or if You are an entity, or a university, that You are legally constituted as per the applicable laws of the country of Your registration; and
You are legally capable of entering into a binding contract under the applicable laws; and
You are not in any way prohibited by the applicable law in the jurisdiction in which You are currently located to agree to and abide by these Terms; and
You are not a citizen or resident of, or located in, a country or region that is subject to any sovereign country sanctions or embargoes.
5. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Platform and all charges related thereto.
6. REGISTRATION
To avail the Services offered by EDUCLO, You need to register on the Platform by creating a User account (“Account”). You agree to provide true, accurate and complete information as prompted by the registration form and all forms You access on the Platform, and to update this information to maintain its truthfulness, accuracy and completeness. In case of any change in your information including personal information provided to us, you agree to update your Account information promptly. Any personal information collected through the Platform will be dealt with as per Our Privacy Policy. The Platform currently does not charge any membership fee or subscription charges for merely becoming a registered User.
If You are registering with Us as a Learner, You shall be required to provide certain personal information such as first name, last name, email address, Mobile number, date of birth, nationality etc. Please specifically ensure that you recheck your Name, Gender, Date of Birth and Nationality before submitting the information during registration, as these details once submitted cannot be edited.
If You are a Content Partner seeking to provide access to educational content or enrol students to Your educational courses You can register with Us as a Content Partner, in which case You will be required to appropriately choose among the two options of “Entity” and “Individual Content Provider”. In case You register as an Entity, You will be required to provide Us certain information such as the name of your entity, registered office address, e-mail address for the entity, name of a contact person, contact number, current address of the entity, website of the entity, etc. along with a short description about the entity. In case You register as a Individual Content Provider, You will be required to provide Us information such as a valid e-mail address for the consultant, name, contact number, current address, etc.
When creating an Account, ensure that You do not:
Provide any false personal information to Us (including without limitation a false username) or create any Account for anyone other than yourself without such other person's permission;
Use a username that is the name of another person with the intent to impersonate that person;
Use a username that is subject to rights of another person without appropriate authorization; or
Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
Use a username that is the e-mail address of any other person or entity.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
During registration, you may be asked to choose a username and password for the Account (“Login Credentials”). We encourage You to use a “strong” password, a password that includes a combination of upper and lower case letters, and numbers with your account. You shall not transfer or sell your EDUCLO Account and Login Credentials to another party. Once an Account is created, you agree to be entirely responsible to safeguard and maintain the confidentiality of the Login Credentials. You accept and agree that EDUCLO will assume that any person using the Platform with Your Login Credentials is You or is authorized to act for You.
You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your Account or any other breach of security. We reserve the right to promptly disable Your Login Credentials and suspend Your access to the Services and/or the Platform in the event We have any reason to believe that You have breached any of the provisions set out in these Terms including the Privacy Policy or that security of Your Account has been compromised. Our Services are not available to temporarily or indefinitely suspended Users. We reserve the right, in Our sole discretion, to cancel unconfirmed or inactive Accounts.
By becoming a registered User, You agree to (i) maintain the confidentiality of your Account login information; (ii) be fully responsible for all activities that occur under your Account, (iii) not use Your Login Credentials with the intent of impersonating another person (iv) not allow any other person to use Your Login Credentials other than as expressly permitted in these Terms; (v) abide by the Terms and the processes, procedures, and guidelines described throughout the Platform; (vi) be financially responsible for Your use of the Platform. EDUCLO will not be liable for any loss or damage arising from your failure to comply with any of the Terms.
8. MATERIALS PROVIDED TO EDUCLO OR POSTED ON THE PLATFORM
Once You have registered as a User, You may be allowed to submit content (including feedback and suggestions images, texts etc.) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community. that can be viewed and accessed in the public domain. Any and all content posted on the Platform by a User including but not limited to all information, comments, reviews, images, third party URL links, educational content, or any other information or material whatsoever in any format shall constitute the (“User Content”).
EDUCLO does not claim ownership of the User Content. However, by posting, uploading, inputting, providing or submitting the User Content, User is granting EDUCLO, its affiliated companies and necessary sub-licensees permission to use the User Content in connection with the operation of the Platform, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User Content; to publish User's name in connection with User Content; and the right to sublicense such limited rights to any other Users.
Except as may be provided in any Special terms and Conditions, no compensation will be paid with respect to the use of User Content, as provided herein. Regardless of the clause above, you acknowledge that submitting any User Content does not guarantee that such User Content, or any part thereof, shall appear on the Platform, whether or not the submission of such User Content is part of the Services. You agree that EDUCLO may, at its sole discretion, choose to display any User Content or any part of the same that You make on the Platform, or to remove them if We deem the same necessary on account of breach of Terms by You or in the interest of data security or for any other lawful reasons.
By Posting a User Content User warrants and represents to own or otherwise control all of the rights to User Content as described in these Terms including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the User Content.
In addition to the warranty and representation set forth above, by posting a User Content that contain images, photographs, pictures, videos or that are otherwise graphical in whole or in part ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User's use and as otherwise permitted by these Terms, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms, and (c) that each person depicted in such Images or videos, if any, has provided consent to the use of the Images or videos as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By posting User Content containing Images, User is granting (a) to all members of User's private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use such Images in connection with the Platform, as permitted by these Terms and including, without limitation, a non-exclusive, sub-licensable, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User's Images. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. Except as may be provided expressly in any special terms and conditions, no compensation will be payable to You.
EDUCLO does not vet, verify the accuracy, quality, correctness and completeness, edit or modify any User Content or any other information, data and materials created, used and/or published by You to determine whether they may result in any liability to any third party. You hereby warrant that You have the rights to use all such User Content in the manner set out in these Terms. WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF OUR SERVICE BY A USER IN CONTRAVENTION OF THIS CLAUSE.
9. USER CONDUCT
A. User shall use the Platform for lawful purposes only. User shall not post or transmit through the Platform any User Content that may reasonably be deemed to (i) violate or infringe in any way upon the rights of others, (ii) which is unlawful, offensive, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, defamatory or libelous (iii) which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law, (iv) which promote racism, bigotry, hatred or physical harm of any kind against any group or individual, (v) harass or advocate harassment of another person (vi) display pornographic or sexually explicit material (vii) promote any illegal activities, (viii) b) provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses (ix) promote or contain information that You know or believe to be inaccurate, false or misleading, (x) engage in or promote commercial activities and/or sales not related to the Services, including but not limited to contests, sweepstakes, barter, advertising and pyramid scheme,. Any conduct by a User that in EDUCLO's discretion restricts or inhibits any other User from using or enjoying the Platform will not be permitted. User shall not use the Platform to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with EDUCLO.
B. The Platform contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Platform are copyrighted as a collective work under the Singapore copyright laws. EDUCLO owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of EDUCLO and/or the copyright owner, if any. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on the Platform any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to the Platform, User automatically grants, or warrants that the owner of such material has expressly granted EDUCLO the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants EDUCLO the right to edit, copy, publish and distribute any material made available on the Platform by User.
D. The foregoing provisions of Section 5 are for the benefit of EDUCLO, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
10. CONDITIONS FOR USE OF SERVICES
10.1 The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, license rights or other legal content protection including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights thereto or have received all necessary licenses, consent or permissions to do the same.
Use any material or information, including images, videos or photographs, which are made available through the Platform in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that attacks, abuses, interferes with, surreptitiously intercepts, or disrupts any Users, systems or services, including but not limited to unauthorized monitoring or crawling, distribution of malware (including but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs) that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others or impersonate any entity, business, or person
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Upload User Content that disrupts or interferes with the Platform or disable, impair or damage any servers or networks connected to Platform, or violate any policies or regulations of networks connected to Platform;
Upload User Content that introduces any viruses or code, that permit the unauthorized use of a computer or computer network or otherwise destroy, interrupt, or limit the functionality of any software or hardware in relation to the Platform;
Upload User Content that gains or attempt to gain unauthorized access to any user accounts, networks, services or computer systems, through any means.
Upload User Content that accesses or probes any network, computer or communications system, software application, or network or computing device systems without authorization, including but not limited to breaches, vulnerability scans or penetration testing
Upload User Content that alters, forges or obscures mail headers or assumes a sender's identity without the sender's express permission, or collects replies to messages sent from another internet service provider in violation to this Policy or the applicable policy of that provider;
Upload User Content that disables, interferes with, abuses, disrupts, intercepts, circumvents or otherwise violates the security of the Platform and Services;
Market or solicit any prohibited, contraband or illegal substances
10.2 EDUCLO has no obligation to monitor the Communication Services. However, EDUCLO reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. EDUCLO reserves the right to suspend or terminate User's access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. EDUCLO reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EDUCLO's sole discretion.
10.3 Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
10.4 Always use caution when giving out any personally identifiable information in any Communication Services. EDUCLO does not control or endorse the content, messages or information found in any Communication Services and, therefore, EDUCLO specifically disclaims any liability with regard to the Communication Services and any actions resulting from User's participation in any Communication Services. Managers and hosts are not authorized EDUCLO spokespersons, and their views do not necessarily reflect those of EDUCLO.
10.5 NEITHER EDUCLO NOR OUR AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE EDUCLO AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. EDUCLO AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.
11. INTELLECTUAL PROPERTY RIGHTS
All right, title and interest in and to the Platform are owned by EDUCLO. All content and materials contained in the Platform, including, but not limited to, all Platform design, content, images, logos, graphics, button icons, data compilations, digital downloads, etc., are protected by the applicable intellectual property laws.
You acknowledge and agree that the Platform and any software used in connection with the Platform contain proprietary and confidential information that is protected by applicable intellectual property laws. Any unauthorized use of the materials provided as part of the Platform is strictly prohibited. Software, in both source and object code forms, APIs, associated documentation, and other related materials may be available for download on certain parts of the Platform. EDUCLO or its licensors own and retain all rights in such software content, including all applicable intellectual property rights. Nothing in these Terms grants any right or license to software content. Software content is governed by its own separate terms and conditions and all use of software content must be in accordance with the specified license(s), which may include, but is not limited to software licenses, End User Agreements and free/open source software licenses, as applicable.
You understand and acknowledge that (i) the software, code, proprietary methods and systems used to provide the Platform or Services, (ii) the content in the Platform, (v) names, logos, and other materials displayed on the Platform or in the Services constitute trademarks, trade names, service marks or logos of EDUCLO; and/or (vi) any intellectual property therein may not be copied, modified, reproduced, republished, posted, or transmitted. Further, no content on the Platform may be sold, offered for sale, or redistributed in a commercial manner without Our prior written permission. Nothing in this Terms grants You any right to receive delivery of a copy any Our Intellectual Property or to obtain access to Our Intellectual Property except as generally and ordinarily permitted through the Platform according to these Terms. You must not use any materials on the Platform in an unauthorized manner including reproduction, republication, modification or distribution, or any form of data mining or data extraction, or other commercial exploitation of any kind except as provided herein. You must not use any device or manual process to monitor or copy the pages of Our Platform or the content therein.
Except as specifically set forth above, nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property rights of EDUCLO or any third party. All rights not expressly licensed are reserved.
You retain ownership of all User Content You submit, post, display, or otherwise make available on the Platform or Services. You hereby grant EDUCLO a non-exclusive, perpetual, irrevocable, worldwide license to make User Content available on the Platform, and to use such User Content for Our promotional and marketing purposes. This License shall be subject to Our Privacy Policy.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF THE PLATFORM IS AT USER'S SOLE RISK. NEITHER EDUCLO, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE PLATFORM.
B. THE PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT EDUCLO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL EDUCLO, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PLATFORM OR RELATED SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, EDUCLO, NOR ITS AFFILIATES, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE USER CONTENT CONTAINED WITHIN THE PLATFORM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. NEITHER, EDUCLO, NOR ITS AFFILIATES WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE EDUCLO'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF EDUCLO AND EDUCLO IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. EDUCLO IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. EDUCLO IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY EDUCLO OF THE SITE.
EDUCLO may or may not be a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, EDUCLO has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of the Platform, are those of the respective author(s) or distributor(s) and not of EDUCLO. Neither EDUCLO nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through the Platform represents the opinions and judgments of the respective information provider, User, or other user not under contract with EDUCLO. EDUCLO neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Platform by anyone other than authorized EDUCLO employee spokespersons while acting in their official capacities. Under no circumstances will EDUCLO be liable for any loss or damage caused by a User's reliance on information obtained through the Platform. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through EDUCLO. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
EDUCLO OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN EDUCLO'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO EDUCLO. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO EDUCLO OR ANYONE AT EDUCLO. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT EDUCLO MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
15. ADVERTISING POLICY
15.1 The advertisements submitted by Users must adhere to the applicable laws and should not be in contravention of any prevailing laws.
15.2 EDUCLO may or may not review the advertisements submitted, therefore You must ensure that the advertisement submitted does not violate any of the laws applicable and the same restrictions imposed on the contents that may be uploaded mentioned in the terms of use. EDUCLO reserves the right to edit, refuse, reject, classify or cancel any ad at any time if it discovers the advertisement is in violation or does not comply with the terms of use.
15.3 It is the sole responsibility of the User to provide the right content. The Platform is not responsible for any mistake made by the User for the advertisement.
15.4 EDUCLO shall not be liable for any loss or expense that result from an error in or omission of an advertisement. If the ad content contains any abusive or prohibited content, then EDUCLO reserves the right to remove the ad and no refund shall be made in such a case. The advertisement will be visible based on the location chosen by the advertiser. We do not guarantee for the visibility of the advertisement, minimum views of the advertisement on the Platform or any minimum enquiry generation through the advertisement.
15.5 You shall not post (i) any advertisement with misleading offers resulting in "bait & switch" of products, (ii) advertisements listed in the incorrect category, (iii) telephone numbers listed in the personals or any sub-category of personals or any other personal information of third parties, (iv) U.R.L. (Universal Resource Locator) or hyperlinks within an advertisement (except where allowed) or image, (v) the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, (vi) any posting with the goal of harassment of another, sexual requests, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements (SPAM).
15.6 EDUCLO forbids the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. We strongly oppose SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of Our Services. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited. EDUCLO also prohibits the use of another Internet service to send or post SPAM to drive visitors to Your site hosted on or through Our systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party.
16. MONITORING
EDUCLO shall have the right, but not the obligation, to monitor the content of the Platform, including chat rooms and forums, to determine compliance with this Terms and any operating rules established by EDUCLO and to satisfy any law, regulation or authorized government request. EDUCLO shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Platform. Without limiting the foregoing, EDUCLO shall have the right to remove any material that EDUCLO, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
17. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless EDUCLO, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of EDUCLO by User or User's Account.
18. TERMINATION
Either EDUCLO or User may terminate this Terms at any time. Without limiting the foregoing, EDUCLO shall have the right to immediately terminate User's Account in the event of any conduct by User which EDUCLO, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Terms.
19. MISCELLANEOUS
These Terms and any operating rules and agreements on and for the Platform established by EDUCLO constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms shall be construed in accordance with the laws of the Republic of Singapore without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Should any part of this contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect.
20. COPYRIGHT NOTICE
EDUCLO its logos are trademarks of EDUCLO Pte. Ltd. All rights reserved. All other trademarks appearing on EDUCLO are the property of their respective owners.
21. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved with EDUCLO.
22. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be treated as though it were executed and performed in Singapore and shall be governed by and construed in accordance with the laws of Singapore (without regard to conflict of law principles). Any cause of action of User with respect to the Platform must be instituted within 3 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms.
Any dispute or difference arising out of or in connection with these Terms, including any question regarding its existence, validity or termination or the legal relationships established by this Terms, which cannot be settled amicably, shall be finally resolved by arbitration as per the provisions of the Rules of Arbitration of the Singapore International Arbitration Centre by three arbitrators appointed in accordance with the said Rules. The language of the arbitration shall be English. Place of arbitration shall be Singapore. The parties agree to submit to the exclusive jurisdiction of the courts located in Singapore and User expressly submits to the jurisdiction of said courts and User consents to extra-territorial service of process.
SPECIAL TERM AND CONDITIONS OF USE FOR CONTENT PARTNERS
When you register on the Platform as a Content Partner, you agree to be bound by these Special Terms and Conditions for Content Partners ("Partner Terms"). These Partner Terms deal with aspects of the Platform relevant to Content Partners and are incorporated by reference into the Terms of Use, applicable to our Services. Any capitalized terms that are not defined in these Partner Terms are defined as specified in the Terms of Use. These Partner Terms shall be applicable to Content Partners in addition to the general Terms of Use.
As a Content Partner, you shall be contracting directly with EDUCLO PTE LTD.
1. Obligations of the Content Partner
1.1 The Content Partner is responsible for all content that You provide, post or upload on the Platform, including but not limited to any course content, lectures (pre-recorded or live streaming), quizzes, exercises, practice tests, assignments, resources, answers, etc., ("Partner Content").
1.2 EDUCLO does not verify the identity or qualifications of a Learner. As a Content Partner, it shall be Your sole responsibility to:
ascertain the identity of the Learner(s);
communicate with Learner(s);
verify and validate the qualification, specific educational requirements, skills, training and experience of the Learner; and
verify information provided by any Learner including without limitation any Learner profile and all supporting documentation, including to confirm the authenticity of any documentation that may be uploaded to the Platform.
1.3 You represent and warrant that You shall:
provide and maintain updated, accurate and verifiable information regarding Your entity, accreditations, affiliations, skills, qualifications, etc., on the Platform
upload and maintain only verified, updated and accurate Partner Content on to the Platform
ensure strict adherence to the Terms of Use and Privacy Policy of the Platform
not use any free course material of any other Content Partner(s), accessible through EDUCLO, for any commercial gains.
ensure that the relevant rights, licenses, permissions, consents, permissions, and authority to authorize EDUCLO to use the Partner Content as specified in these Partner Terms and the Terms of Use;
ensure that the Partner Content does not infringe any third party's intellectual property rights;
secure required licenses, accreditations, qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to offer the Partner Content through the Platform;
ensure the quality of Partner Content and related services which shall not be less than the standards of your relevant industry and instruction services;
ensure that the Partner Content falls within the scope of services permitted by the Platform;
abide by the course quality standards prescribed by EDUCLO from time to time;
not provide any information (including in any Partner Content and/or other communication with Learners) which You know to be inaccurate, false, incomplete, untrue, illegal or is or may be deemed to be a misrepresentation of the facts;
immediately notify EDUCLO in the event You have any reason to believe or suspect that a Learner or another Content Partner has breached any of the Terms or that any Learner Profile is not genuine, or is false, inaccurate and/or incomplete;
not use the Platform other than for providing access to Partner Content including instructional services to Learners;
not engage in any activity that would require EDUCLO to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording; and
interfere with or otherwise prevent other Content Partners from providing their services or courses.
2. License of Content
2.1 You grant EDUCLO the rights detailed in the Terms of Use to offer, market, and otherwise exploit the Partner Content, and to sublicense it to Learners through the Platform. This includes the right to add captions or otherwise modify Partner Content to ensure accessibility.
2.2 Unless otherwise agreed, you have the right to remove all or any portion of the Partner Content from the Platform. However, where any Learner has made payments with respect to any Partner Content prior to removal of such Partner Content, the rights given to Learners prior to removal of any Partner Content removal will continue in accordance with this clause and the Terms (including any grants of lifetime access), provided the removal of content was not for legal reasons.
2.3 Unless any Partner Content has not been removed for legal or EDUCLO policy reasons, you grant EDUCLO the non-exclusive, royalty-free, worldwide right and license to continue to grant access rights to such discontinued/ removed Partner Content through the Platform, for the duration for which the payments have already been made by a Learner.
2.3 Prior to uploading any image or recorded content, featuring individuals, as part of the Partner Content, You shall ensure that you have taken necessary consents and/or waivers with respect to rights of privacy, publicity, or other rights of a similar nature, with respect to any individual being featured in such Partner Content, to the extent permissible under laws applicable to such individual and/or Partner Content. You hereby grant EDUCLO permission to use the name, likeness, voice, and image in connection with delivering, marketing, promoting, demonstrating, and selling the Services, and You waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
2.4 Any Partner Content with illegal content or content in violation of the Terms will be removed without notice.
3. Service Offerings And Restrictions
3.1 Unless otherwise agreed in writing with any Content Partner, EDUCLO offers its Services through the Platform in the form of two separate plans (“Service Plan(s)”) as below:
(a) Freemium Plan Upon registration as a Content Partner on the Platform, You shall be provided free access to the Freemium Plan features of the Services, as offered by EDUCLO through the Platform at any given point of time. The details of the Freemium Plan can be viewed here. EDUCLO shall have the right at any time to change or discontinue any aspect or feature of the Platform, which is offered under its Freemium Plan, including, but not limited to, content, hours of availability, free storage space etc.
(b) Paid Plans A Content Partner can access the advanced features of Services offered by EDUCLO, by payment of applicable subscription charges under the relevant Paid Plans offered by EDUCLO, based on their specific requirements. The details of the features available through subscription and the applicable fees for the Paid Plans offered by EDUCLO through the Platform at any given point of time, can be viewed here.
3.2 We reserve the right to suspend or terminate any Services, remove Partner Content, suspend pay-outs, and/or ban Content Partners at any time, without prior notice, including in cases where:
a Content Partner does not comply with our policies or legal terms (including the Partner Terms of Use);
a Partner Content falls below the quality standards as may be prescribed by EDUCLO;
a Content Partner engages in behaviour that might reflect unfavourably on EDUCLO or bring EDUCLO into public disrepute, contempt, scandal, or ridicule;
3.3 Subject to the terms of Service Plan, Platform may allow You to add such number of additional Users (whether as Learners or otherwise) as authorized users. By adding an authorized user, you understand that you are authorizing them to take certain actions that affect Your EDUCLO account and Partner Content. You shall be responsible for every authorized user added. EDUCLO will not able to interfere or mediate on any transactions or disputes between You and Your authorized user.
4. Payments and Payment Terms
4.1 Revenue Share For Global Enrolment
In consideration for the access to the Global Enrolment feature on the EDUCLO Platform and the related Services, EDUCLO shall be entitled to 10% of the Course Fee payable by a Learner to the Content Partner. For the purpose of calculation of this revenue share, the Course Fee shall be calculated as the amount of fee paid by the Learner through Platform towards a Global Enrolment to a Partner Content offered by the Content Partner. The term 'Global Enrolment' shall mean the acceptance of a Learner into a Partner Content offered by the Content Partner, or providing paid access to any Partner Content to a Learner, where at the time of such acceptance/ access, the Learner is not enrolled as a student of the Content Partner.
EDUCLO makes all Content Partner payments in currency with which the sale was made. All payment shall be made through the STRIPE payment gateway. Each payment shall be Your revenue report will show the sales price (in local currency) and your converted revenue amount (in USD).
4.2 Payment Terms
EDUCLO makes use of the STRIPE Payment Gateway to facilitate payments to You in a timely manner. Where mandated by applicable law, You may also be required provide any identifying information or tax documentation necessary for payment of amounts due, and You agree that we have the right to withhold appropriate taxes from any payments we may have to make directly to You. We reserve the right to suspend the payments in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
4.3 Refunds
You acknowledge and agree that the subscriptions to Paid Plans are non-refundable. In the vent EDUCLO is unable to make the Platform available for a continuous period exceeding 24 hours during the term of any subscription, the duration of such subscription shall be extended by EDUCLO for such period of unavailability.
5. Disclaimer
5.1 You acknowledge and agree that the Services provided by EDUCLO are limited to providing You with a facility to attempt to source and connect with Content Partners and/ or Learners as the case may be.
5.2 EDUCLO does not guarantee the Content Partners that You will (i) find Learners suitable to Your specific requirements; or (ii) secure any enrolments or any communication from Learners. Further, We make no warranties and assume no responsibility for verifying the credentials, standards or reputation of the Learners neither do We verify that any information provided by the Learner (except for the email id) of the Learner or listed on the Platform (including any information provided or comments made by Learners in their communication with You) is true, accurate, complete and up-to-date.
5.3 In particular, EDUCLO does not warrant or guarantee (i) the completeness, correctness and accuracy of any Service listing posted on the PLATFORM; or (ii) the authenticity of the Learners accounts, or (iii) that any information or documentation made available on the Platform by a Learner is authentic, valid, accurate or otherwise complete; or (iv) the identity of the Learners using the Platform; or (v) the quality and suitability of the Learners.
5.4 You agree and acknowledge that Learners and Content Partners are entitled to assign ratings and reviews to each other and We will make such ratings available to all Users of the PLATFORM. We do not control or otherwise contribute to such ratings or reviews.
5.5 You also acknowledge, agree, and understand that (i) You are not an employee of EDUCLO, and You are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) EDUCLO will not have any liability or obligations under or related to any contracts between Users for any acts or omissions by You or other Users; (iii) EDUCLO does not, in any way, supervise, direct, or control any Content Partner or the manner in which services are performed by a Content Partner.
6. Miscellaneous
6.1 Content Partners will have a direct contractual relationship with Learners. You agree that you will not use any personal data you receive through the Platform for any purpose other than providing Your services to the Learners on the Platform. You will indemnify EDUCLO against any claims arising from your use of Learners' personal data.
6.2 You give us permission to provide access to the Partner Content for free (i) with our employees on a need to know basis in relation to the Services, and (ii) in cases where we need to restore access accounts who have previously purchased any Partner Content. You understand that you will not receive compensation in these cases.
6.3 You may use the preference options provided in Your User profile to deactivate or delete your account. Upon termination or deactivation of a User Account for any reason, EDUCLO may forthwith suspend all access rights granted to the Content Partner and any of its authorized users to the Platform. Further, if so requested by the Content Partner, EDUCLO shall remove all Partner Content uploaded by the Content Partner from the Platform. However, You understand that if Learners have previously enrolled in Your courses, Your name and the relevant Partner Content will remain accessible to such Learners after your account is deleted, for such period that the Learner has purchased access to such Partner Content.
6.4 These Partner Terms do not create any agency, partnership or any other relationship between You and EDUCLO, and all transactions between EDUCLO and You in relation to the Platform shall be solely as independent contractors. These Partner Terms do not authorize the either of us to be an agent or to make commitments on behalf of the other.
6.5 You may not assign or transfer the responsibilities or agreement made herein without the prior written consent of EDUCLO.
6.6 These Partner Terms together with the Terms of Use and Privacy policy constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. To the extent that anything in these Partner Terms is in conflict with the Terms of Use, the decision of EDUCLO shall be final and binding.
SPECIAL TERM AND CONDITIONS OF USE FOR LEARNERS
When you register on the Platform as a Learner, you agree to be bound by these Special Terms and Conditions for Learners ("Learner Terms"). These Learner Terms deal with aspects of the Platform relevant to Learners and are incorporated by reference into the Terms of Use, applicable to our Services. Any capitalized terms that are not defined in these Learner Terms are defined as specified in the Terms of Use. These Learner Terms shall be applicable to Learners in addition to the general Terms of Use.
As a Learner, you shall be contracting directly with EDUCLO PTE LTD.
1. Obligations of the Learner
1.1 The Learner is responsible for all content that You provide, post or upload on the Platform, including but not limited to any course content, lectures (pre-recorded or live streaming), quizzes, exercises, practice tests, assignments, resources, answers, etc., ("Partner Content").
1.3 You represent and warrant that You shall:
ensure strict adherence to the Terms of Use and Privacy Policy of the Platform
not use any course material, accessible through EDUCLO, for any commercial gains.
not provide any information (including in any communication with Content Partners) which You know to be inaccurate, false, incomplete, untrue, illegal or is or may be deemed to be a misrepresentation of the facts;
immediately notify EDUCLO in the event You have any reason to believe or suspect that a Content Partner or another Learner has breached any of the Terms or that any Learner Profile or Content Partner Profile is not genuine, or is false, inaccurate and/or incomplete;
not use the Platform other than for accessing the Services;
interfere with or otherwise prevent other Users from accessing the Services.
2. Disclaimer
2.1 You acknowledge and agree that the Services provided by EDUCLO are limited to providing You with a facility to attempt to source and connect with Content Partners and/ or Learners as the case may be.
2.2 EDUCLO does not warrant or guarantee the Learners that You will be successful in Your search for any specific courses or educational content suiting Your requirements, through the Platform. In particular, EDUCLO does not warrant or guarantee (i) the completeness, correctness and accuracy of any User Content posted on the Platform; or (ii) the authenticity of the accounts, listings; or (iii) that any information or documentation made available on the Platform by a User is authentic, valid, accurate or otherwise complete; or (iv) the quality and suitability of the Content Partners.
2.3 Except for the Content Partners who offer any accredited courses, we do not verify the affiliations or credentials of any Content Partners. Any purchases made by a Learner through the Platform from any unverified Content Partner, shall beat Your own risk and responsibility and we strongly urge Learners to obtain further information about the credentials of such Content Partners before purchasing any Partner Content through the Platform. Also, EDUCLO shall not be liable for any change in the accreditation, recognition or affiliation status of any verified Content Partners, offering accredited courses.
2.4 You agree and acknowledge that Learners are entitled to assign ratings and reviews to Content Partners and We will make such ratings available to all Users of the Platform. We do not control or otherwise contribute to such ratings or reviews.
3. Service Offerings And Restrictions
3.1 Unless otherwise agreed in writing with any Learner, EDUCLO offers its Services through the Platform in the form of two separate plans (“Service Plan(s)”) as below:
(a) Freemium Plan Upon registration as a Learner on the Platform, you shall be provided free access to the Freemium Plan features of the Services, as offered by EDUCLO through the Platform at any given point of time. The details of the Freemium Plan can be viewed here. EDUCLO shall have the right at any time to change or discontinue any aspect or feature of the Platform, which is offered under its Freemium Plan, including, but not limited to, content, hours of availability, free storage space etc.
(b) Paid Plans A Learner can access the advanced features of Services offered by EDUCLO, by payment of applicable subscription charges under the relevant Paid Plans offered by EDUCLO, based on their specific requirements. The details of the features available through subscription and the applicable fees for the Paid Plans offered by EDUCLO through the Platform at any given point of time, can be viewed here.
3.2 We reserve the right to suspend or terminate any Services, remove Partner Content, and/or ban Learners at any time, without prior notice, including in cases where:
a Learner does not comply with our policies or legal terms (including the Learner Terms of Use);
a Partner Content falls below the quality standards as may be prescribed by EDUCLO;
a Learner engages in behaviour that might reflect unfavourably on EDUCLO or bring EDUCLO into public disrepute, contempt, scandal, or ridicule
4. Fees and Payments
4.1 All subscription charges and fees payable through the Platform will be shown in the currency of the Country You have chosen while registering Your Account. All subscription charges and fess indicated in the Platform shall be exclusive of applicable taxes and transaction charges, if any. The Fees payable by Learners to Content Partners are based on the fee fixed by relevant Content Partners and EDUCLO does not determine or control such fees or terms of payment of fees.
4.2 EDUCLO makes use of the STRIPE Payment Gateway to facilitate payments in a timely manner. Payments through STRIPE may be subject to transaction charges, especially if you are making payments in a different currency than the currency of Your country. The details of any transaction charges applied by STRIPE can be viewed here.
4.3 All financial information shall be stored and processed strictly in accordance with our Privacy Policy as well as the Privacy Policy of STRIPE.
4.3 You acknowledge and agree that the subscriptions to Paid Plans are non-refundable. In the event EDUCLO is unable to make the Platform available for a continuous period exceeding 24 hours during the term of any subscription, the duration of such subscription shall be extended by EDUCLO for such period of unavailability.
5. Miscellaneous
5.1 Learners will have a direct contractual relationship with the Content Partners. You agree that any personal information submitted by You on the Platform may be shared by EDUCLO with Content Partners, whose content or courses you may choose to access or purchase. All personal data accessed by EDUCLO will be processed strictly in accordance with our Privacy Policy.
5.2 You may use the preference options provided in Your User profile to deactivate or delete your account. Upon termination or deactivation of a User Account for any reason, EDUCLO may forthwith suspend all access rights granted to the Learner. Further, if so requested by the Learner, EDUCLO shall remove all User Content uploaded by the Learner from the Platform.
5.4 These Learner Terms do not create any agency, partnership or any other relationship between You and EDUCLO, and all transactions between EDUCLO and You in relation to the Platform shall be solely as independent contractors. These Learner Terms do not authorize the either of us to be an agent or to make commitments on behalf of the other.
5.5 You may not assign or transfer the responsibilities or agreement made herein without the prior written consent of EDUCLO.
5.6 These Learner Terms together with the Terms of Use and Privacy policy constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. To the extent that anything in these Learner Terms is in conflict with the Terms of Use, the decision of EDUCLO shall be final and binding.