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Spayee Terms of Use for Instructors and Users

Spayee Labs Private Limited (“Spayee”) provides an online course creation platform designed to deliver online courses, (the “Services”), which enables end-users (“Students”) to connect with independent instructors (the “Instructors,” collectively with Students, “you” or the “Users,” each a “User”) who provide pre-recorded instruction and learning content (the “Courses”) through https://www.spayee.com/ and subdomains, mobile applications, and other media managed by Spayee (collectively, the “Sites”). These Terms of Use are entered into by and between Spayee and its Users, Instructors and visitors to the Sites, and together with the Privacy Policy, govern those persons’ access to the Sites, as well as any content or functionality of the Services, whether as a visitor or a User.


YOUR USE OF THE SITES, THE SERVICES, RELATED WEBSITES, AND/OR THE CONTENT CONTAINED THEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. 

The Sites and Services are offered to you conditioned on your acceptance of these Terms of Use and all terms, conditions, and notices contained herein. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Sites.

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SITES, OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE SITES AND YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED SUCH PERMISSION. CHILDREN UNDER THE AGE OF 13 MAY NOT USE THE SITES OR REGISTER FOR AN ACCOUNT.


The Relationship Between Spayee, Instructors, and Students

Spayee provides a platform upon which Instructors may create, offer for sale, and administer Courses to Students in the context of Spayee’s online marketplace. Spayee is neither a Course provider nor an educational institution. Instructors are not employees of Spayee. Spayee is not responsible for interactions between Instructors and Students, with the exception of providing the technological means through which Instructors may broadcast and otherwise make available their Courses and, at each Instructor’s election, for processing payments through payment gateway. Spayee is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Instructor/Student relationship, including but not limited to, any Student’s reliance upon any information provided by an Instructor at any time.


Content, Licenses & Permissions

Content

The content on the Sites, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as “Content.” Content uploaded, transmitted, or posted by Users, whether they are Instructors or Students, is referred to herein as “User Content.”

User Content is and remains that User’s property, and Spayee’s only right to that User Content is the limited licenses to it granted in these Terms of Use. The Sites, and all Content other than User Content and all software available on the Sites or used to create and operate the Sites, is and remains the property of Spayee, and is protected under the Copyright Act of India, as amended, and other intellectual property laws of the India and any foreign jurisdiction where the Sites are accessed, and all rights to the Sites, such Content, and such software are expressly reserved. All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Spayee.

Your User Content is your responsibility. Spayee does not control or monitor User Content and, as such, does not guarantee in any manner the content, reliability, validity, accuracy, or truthfulness of such User Content, including but not limited to Content presented through the Courses. By using the Services, you may be exposed to User Content that you consider offensive, indecent, or objectionable. Spayee has no responsibility to keep such content from you and no liability for your access or use of any User Content to the extent permissible by law. Although we have no obligation to do so, we have the absolute discretion to remove, screen, or edit without notice any User Content posted or stored on the Sites, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Sites.

Spayee’s Limited License for Use of the Services

Spayee grants you a limited, non-exclusive license to access and use the Services for your own personal and commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Spayee in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services. Nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by Spayee are reserved.

Your Limited License of Your User Content to Spayee

While Spayee does not claim any ownership interest in your User Content, we do need the right to use your User Content to the extent necessary to operate the Sites and provide the Services, now and in the future. For example, when an Instructor makes Course materials available to its Students through the Sites or a Student communicates with an Instructor on a discussion forum, Spayee needs a license from those Users to display their respective Content on the Sites, as well as the right to sublicense that User Content to our other Users so that they can view that User Content. Therefore, by posting or distributing Content to or through the Sites, each User grants to Spayee, and its affiliates and subsidiaries, a non-exclusive, royalty-free, transferable, irrevocable, worldwide license and right to use, display, publicly perform, reproduce, distribute, publish, modify, adapt, translate, create derivative works of, and otherwise use and exploit such User Content that you upload, transmit, or post on the Sites or through the Services, in the manner in and for the purposes for which the Sites from time to time uses such User Content. In doing so, the User represents and warrants that it owns and controls all of the rights to the User Content that it posts or otherwise distributes, and has the lawful right to post and distribute that User Content, to or through the Sites, and the use and posting or other transmission of such User Content does not violate these Terms of Use and will not violate any rights of or cause injury to any other person or entity.

If your User Content is intended for the use by other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Sites, as described in the section titled Our Limited License of Content to Users.

Spayee’s Limited License of Content to Users

Spayee grants to Users a limited, revocable, non-exclusive license to access the Sites and to view the portions of the Content available to Users on the Sites. For Students, this includes access and use of the Courses and content provided therein, for which they have paid all required fees. Such license is subject to these Terms of Use, and specifically conditioned upon the following:

  • Users may only view and download (if allowed) such portions of the Content for their own use;
  • Users may not modify or otherwise make derivative works of the Sites or Content, or reproduce, distribute, or display the Sites or any Content (except for page caching) except as expressly permitted in these Terms of Use;
  • Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
  • Users may not use any data mining, robots, or similar data gathering or extraction methods; and
  • Users may not use the Sites or Content other than for their intended purposes.
Except as expressly permitted above, any use of any portion of Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted herein, these Terms of Use, and your access to the Sites.

Content Security

The security of your submitted content and Institute information is important to us. Spayee employs procedural and technological measures to protect your Institute's identifiable information. These measures are reasonably designed to help protect your Institute's identifiable information from loss, unauthorized access, disclosure, alteration or destruction. We may use software, secure socket layer technology (SSL) encryption, password protection, firewalls, internal restrictions and other security measures to help prevent unauthorized access to your Institute's proprietary information. 

Spayee provides following security measures and policies to ensure privacy and protection of institute content data :

  • All users have to be first authorized by institutes though student enrollment form which is accessable through Institute's admin account. Only those users who are authorized by institutes are provided access to Spayee web site, app or products.
  • All submitted content by Institutes are stored in highly secure datacenter and servers.
  • We use secure industry standards like https and SSL to transmit content between Spayee servers and user devices. 
  • Users will be restricted to access content from maximum of one devices by default. 
  • Spayee provides a number of configuration options to allow your local institution to implement its privacy guidelines within our products. 

Instructor Fees

Spayee may charge Instructors fees to access certain features and functionalities of the Sites and the Services set to a multi-tiered subscription structure, described on our Pricing page. In turn, Instructors may charge Students certain fees for access to their respective Courses. Each User shall pay all fees and charges incurred through its respective account and billed to the User at the rates in effect for the pay period in which such fees and charges are incurred, and such User is solely responsible for payment. All paid plans are set to automatically charge at the beginning of each billing period unless you submit a cancellation request to us in writing via email or through our support form. If a User provides credit or debit card information to pay for the fees, that User represents and warrants that it is authorized to supply such information and authorizes Spayee to charge that payment method on a regular basis to pay the fees as they come due. Each User shall pay all applicable taxes relating to its use of the Services and other products or services through its accounts. A User will not be allowed access to any portion of the Sites, the Services, or its content for which a prepaid fee is required unless and until Spayee receives all fees and charges payable by that User. If a User’s payment method fails or its account is past due, then Spayee may collect fees owed using other collection mechanisms, which may include charging other payment methods on file with Spayee and/or retaining collection agencies or legal counsel.

Cancellation and Deletion

Cancellation

If you cancel a paid plan, the cancellation will become effective at the end of the then-current billing cycle. When you cancel a paid plan, your account will revert to a Free account and Spayee may disable access to features available only to paid plan users.

Deletion

You may delete your account at any time. Accounts on the Free plan may be deleted from the Sites if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Accounts on paid plans will remain active unless you explicitly ask us to delete it when you cancel your paid plan. Upon termination, all licenses granted by Spayee will terminate. In the event of account deletion for any reason, your course content may no longer be available. Spayee shall not be responsible for the loss of such content.

Use of Interactive Areas and the Sites

The Sites may contain discussion forums, bulletin boards, review services, or other forums in which Users or third parties may post content, messages, materials, reviews, or other items on the Sites (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Sites is non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:

  • Any message, data, information, text, music, sound, photos, graphics, code, or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
  • Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable federal, state, or local law;
  • Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party;
  • Content that impersonates any person or entity or otherwise associates, infers, or misrepresents the User’s affiliation with a person or entity;
  • Any tool or service that imports content from any platform that prohibits such services from accessing its platform for this purpose.
  • Unsolicited promotions, political campaigning, advertising, or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers, unless that third party has expressly consented to such use and disclosure;
  • Viruses, corrupted data, or other harmful, disruptive, or destructive files;
  • Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted, in Spayee sole determination; and
  • Content that, in Spayee sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Spayee or its affiliates or Users to any harm or liability of any kind.

Finally, Spayee has a zero-tolerance policy towards unsolicited email or messages, commonly referred to as “spam.” Users may not use the Interactive Areas or the Sites generally to send commercial or other messages to any third-party, within or outside of the Sites, if those messages are not solicited, authorized, or welcomed by the third-party, and in using the Sites, Users must comply with all applicable laws, including laws that apply in any jurisdiction, to spam and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.

Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. If you believe that your own User Content violates any law or regulation, is inaccurate, or poses any risk whatsoever to any third party, it is your responsibility to take any corrective steps you deem necessary. If you believe that any third party’s Content or any Spayee Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to Spayee in accordance with the procedures that we maintain under our intellectual property policies as set forth in the section titled Intellectual Property. 

Intellectual Property

Users may not engage in any activity on or through the Sites, including transmitting or using User Content, that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights. If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it by emailing us at admin@spayee.com

DISCLAIMER

THE SITES, SERVICES, COURSES, AND CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. SPAYEE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPAYEE HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON THE SITES COMPLIES WITH THESE TERMS OF USE OR IS SUITABLE FOR ALL USERS. SPAYEE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, AND/OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITES, SERVICES, OR COURSES INCLUDING, BUT NOT LIMITED TO, TECHNICAL FUNCTIONALITY OR INACCURACIES; (B) THIRD PARTY COMMUNICATIONS; (C) ANY THIRD PARTY CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (D) THE UNAVAILABILITY OF THE SITES, SERVICES, COURSES, OR ANY PORTION THEREOF; (E) YOUR USE OF THE SITES; AND (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITES.  

LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, SPAYEE, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITES, THE SERVICES, THE COURSES, ANY FACTS OR OPINIONS APPEARING THEREIN, THE CONTENT, OR ON OR THROUGH ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, SPAYEE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE OR ACCESS THE SITES, THE SERVICES, THE COURSES, THE CONTENT, OR ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, SPAYEE SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, THE SERVICES, OR THE COURSES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR COPYRIGHT INFRINGEMENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, SPAYEE’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SPAYEE OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. 


Governing Law and Jurisdiction; Disputes and Arbitration

That in respect of any and all disputes relation to, concerning or otherwise arising out of this Agreement, the Parties hereto shall promptly in good faith, negotiate with a view to reach its amicable resolution and settlement, however, if no settlement, is reached within a period of 15 days from the date of disputes, such disputes arising out of or in connection with this agreement shall be adjudicated in accordance with of the Arbitration and Conciliation Act, 1996 and Rules made there under and shall be referred to the Arbitration of a mutually agreed Sole Arbitrator to be appointed by Spayee. The venue of such arbitration shall be New Delhi, without prejudice to the above, it is clarified that the courts of Delhi alone shall have the jurisdiction to try and entertain any and all suits or other proceedings in respect of, relating to or otherwise arising out of this agreement and the same is being entered upon at New Delhi. In case of any dispute or difference between the Parties here to relating to or arising out of this Agreement courts at Delhi/New Delhi shall alone have jurisdiction in the manner .


Privacy

Your use of the Sites is subject to our Privacy Policy.


Entire Agreement; Severability of Provisions;

No Waiver These Terms of Use incorporate by reference any notices contained on the Sites, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of the Sites, Services, Courses, and Content. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.


Changes to the Terms of Use

Be advised that Spayee may review and update these Terms of Use at any time in our sole discretion and it is each User’s responsibility to keep abreast of those changes. All changes are effective immediately when posted. As such, your continued use of the Sites after Spayee makes changes to these Terms of Use is deemed to be acceptance of those changes, so please check this webpage periodically for updates. 

Contact Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

Spayee Labs Private Limited,

UGF-34, Omaxe Plaza , Indirapuram

Ghaziabad, Uttar Pradesh 201014

India

Email : contact@spayee.com

Address

Spayee Labs Pvt. Ltd.
Omaxe Plaza, Shakti Khand 2, Indirapuram, Ghaziabad,
Uttar Pradesh, India - 201014


Contacts


Enquiry : sales@spayee.com

Support : care@spayee.com        

Phone: +91 7503419903,     +919958566887