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
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.”
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
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
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 :
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
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.
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:
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.
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 email@example.com
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 .
Entire Agreement; Severability of Provisions;
Spayee Labs Private Limited,
UGF-34, Omaxe Plaza , Indirapuram
Ghaziabad, Uttar Pradesh 201014
Email : firstname.lastname@example.org