These Terms & conditions (“Terms”) were last updated on __04/07/2020_______.
At Cademyk we enable every tutor to create and share educational courses (Tutor) and to enroll in these educational courses to learn (students) on the subject matter. We consider our marketplace model the best way to offer valuable educational content to our users. We need rules to keep our platform and services safe for you, us, and our student and Tutor community. These Terms apply to all your activities on the Cademyk website, the Cademyk mobile applications. other related services (“Services”).If you publish a course on the Cademyk platform, you must also agree to the Tutor agreement.
- 1. AccountYou need an account for most activities on our platform. 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 our Support Team. You must have reached the age of consent for online services in your country to use Cademyk.You need an account for most activities on our platform, including to purchase and enroll in a course or to submit a course/video for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and 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. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.If you share your account login credential with someone else, you are responsible for what happens with your account and Cademyk will not intervene in disputes between students or Tutors who have shared account login credentials. 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.Students and Tutors must be at least 18 years of age to create an account on Cademyk and use the Services. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services (for example, 13 in the US), we will terminate your account. Under our Tutor Agreement, you may be requested to verify your identity before you are authorized to submit a course for publication on Cademyk.
- 2. Course Enrollment and Lifetime AccessWhen you enroll in a course, you get a license from us to view it via the Cademyk Services and no other use. Don’t try to transfer or resell courses in any way. We grant you an access license as per your types of course enrollment, except when we must disable the course because of legal or policy reasons.Under our Tutor Agreement, when Tutors publish a course on Cademyk, they grant Cademyk a license to offer a license to the course to students. This means that we have the right to sublicense the course to the students who enroll in the course. As a student, when you enroll in a course, whether it’s a free or paid course, you are getting from Cademyk a license to view the course via the Cademyk platform and Services, and Cademyk is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).In legal, more complete terms, Cademyk 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 course or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Cademyk authorized representative. This also applies to content you can access via any of our APIs.We generally give a lifetime access license to our students when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our Trust & Safety Guidelines. The lifetime access is not applicable to add-on features and services associated with a course, for example, translation captions of courses may be disabled by Tutors at any time, and the author may decide at any time to no longer provide teaching assistance or Q&A services in association with a course. To be clear, the lifetime access is to the course content but not to the Tutor.Tutors may not grant licenses to their courses to the student directly and any such direct license shall be null and void and a violation of these Terms.
- 3. Payments, Credits, and RefundsWhen you make a payment, you agree to use a valid payment method. If you aren’t happy with your course, Cademyk offers a 15-day refund or credit for most course purchases except when the student has watched all the videos of that course within 15 days of the purchase.3.1 PricingThe prices of courses on Cademyk are determined based on the terms of the Tutor Agreement. In some instances, the price of a course offered on the Cademyk website may not be exactly the same as the price offered on every other platform. We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in because some of our promotions are available to new users only.3.2 PaymentsYou 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 (mobile wallets, etc.) for those fees. Cademyk works with third-party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure.When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.3.3 Refunds and CreditsIf the course you purchased is not what you were expecting, you can request, within 15 days of your purchase of the course, that Cademyk credit/refund your account. We reserve the right to apply a credit or a refund, at our discretion, depending on the capabilities of our payment processing partners or the platform from which you purchased your course. No credit or refund is due to you if you request it after the 15-day guarantee time limit has passed.4. Content and Behavior RulesYou can only use Cademyk for lawful purposes. 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 Trust & Safety Guidelines and the law and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.If you are a student, the Services enable you to ask questions to the Tutors of courses you are enrolled in and to post reviews of courses. For certain courses, the Tutor invites you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.If you are a Tutor, 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 or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Tutor Agreement before you submit any course for publication on Cademyk.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 the intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our Trust & Safety 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. Cademyk complies with copyright laws. Check out our Intellectual Property Policy for more details.Cademyk has discretion in enforcing these Terms. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination, we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.If one of our Tutors has published a course that infringes your copyright or trademark rights, please let us know. Under our Tutor Agreement, we require our Tutors to follow the law and respect the intellectual property rights of others.
- 5. Cademyk’s Rights to Content You PostYou retain ownership of the content you post to our platform, including your courses. We’re allowed to share your content with anyone through any media, including promoting it via advertising on other websites.The content you post as a student or Tutor (including courses) remains yours. By posting courses and other content, you allow Cademyk to reuse and share it but you do not lose any ownership rights you may have over your content. If you are a Tutor, be sure to understand the course licensing terms that are detailed in the Tutor Agreement.When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Cademyk to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or 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 Cademyk 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.
- 6. Using Cademyk at Your Own RiskAnyone can use Cademyk to create and publish courses and Tutors and we enable Tutors 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 Cademyk at your own risk.Cademyk enables anyone anywhere to create and share educational courses. Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses. If you enroll in a course, you rely on any information provided by a Tutor at your own risk.By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Cademyk 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. This also applies to any courses relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses, you choose to assume those risks voluntarily, including the risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your enrollment in a course.We do not hire or employ Tutors nor are we responsible or liable for any interactions involved between Tutors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Tutors or students.When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
- 7. Cademyk’s RightsWe own the Cademyk platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.All right, title and interest in and to the Cademyk platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by Tutors and students) are and will remain the exclusive property of Cademyk and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the Cademyk name or any of the Cademyk trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Cademyk 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.You may not do any of the following while accessing or using the Cademyk platform and Services:
- access, tamper with or use non-public areas of the platform, Cademyk’s computer systems, or the technical delivery systems of Cademyk’s service providers.
- disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Cademyk platform or Services.
- access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
- in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Cademyk); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
- 8. Miscellaneous Legal Terms8.1 Binding AgreementYou agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Cademyk. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.If you are aTutor 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 Terms 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 Tutor, the Tutor Agreement and the Pricing and Promotions Policy).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.8.2 DisclaimersIt may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our Tutors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work outright. In legal, more complete language, the Services, and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from the use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Cademyk or its affiliates, suppliers, partners, or agents be held liable for any damages due to such interruptions or lack of availability of such features.We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.8.3 Limitation of LiabilityThere are risks inherent in using our Services, for example, if you enroll in a health and wellness course like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance.8.4 IndemnificationIf you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Cademyk, our group companies, and their officers, 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.8.5 Governing Law and JurisdictionThese Terms are governed by the laws of the State of Delhi, India without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of Delhi Courts only.8.6 Legal Actions and NoticesNo action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued. Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to email@example.com).8.7 Relationship Between UsYou and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.8.8 No AssignmentYou may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
- 9. Updating These TermsFrom time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Cademyk reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. 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 our Services. Modifications will become effective on the day they are posted unless stated otherwise.Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
- 11. How to Contact UsThe best way to get in touch with us is to contact our Support Team at firstname.lastname@example.org___We’d love to hear your questions, concerns, and feedback about our Services.Thanks for teaching and learning with us. Be Able!