Terms and Conditions of Use

By accessing our website www.intellectualindians.com (“Website”), you agree to be bound by the provisions of these Terms of Service. The domain name, Website, and the App are owned, registered, and operated by Emanthan Cyber Ed Research and Skills Foundation, a not-for-profit company incorporated under the (Indian) Companies Act, 2013, bearing CIN U85300MP2019NPL048269, and having its registered office at 55-D, Slice 5, Scheme 78, Vijaynagar, 452010, Indore (M.P.) (hereinafter referred to as “Emanthan” or “us” or “our” or “company”).

These terms and conditions of use (“Terms of Use”) are between the Company and the User(s) who are registered with us or who use the Website and/or the App (hereinafter referred to as “You” or “Your” or “User(s)”). The User can be:

  1. An educator, contributing User Content; and/or
  2. A person, consuming/utilizing the User Content created by an educator.

Please read these Terms of Service as they shall govern your use of the Intellectual Indians website and App. By using or visiting the Intellectual Indians website, app, or any Intellectual Indians products, software, data feeds, and services provided to you on, from, or through the Intellectual Indians website (collectively the “Service”), you signify your agreement to (1) these “Terms of Service”, (2) Emanthan’s Privacy Policy, found at intellectualindians.com/privacy-and-policy and incorporated herein by reference, and any other terms that are updated from time to time. If you do not agree to any of these terms or the Privacy Policy, please do not use the Service.

These Terms of Service are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, that require publishing the rules and regulations, privacy policy, and terms and conditions for access or usage of the Website and/or App.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at www.intellectualindians.com. Emanthan may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Services post any modification of the Terms of Service shall be taken as your consent and acceptance to such modifications. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

Service

  1. These Terms of Service apply to all Users of the Service, including educators who are also contributors of User Content on the Service. The Service includes all aspects of the Intellectual Indians website, which includes but is not limited to products, software, and services offered via the Intellectual Indians website and/or App, such as the Intellectual Indians online platform, Intellectual Indians Plus, Intellectual Indians Bytes, and any other service or application that Emanthan introduces from time to time.
  2. The Website and/or App is an online platform that supports and facilitates the online creation of educational videos/or tutorials by the Users of the Website and/or App as an intermediary between the educator and the user (“Service”). A User may create a video, audio clip, or tutorial by using our Services. Such content uploaded through the use of our Services or otherwise submitted to us for uploading on our Website and/or App shall hereinafter be referred to as “User Content”. You agree and acknowledge that Emanthan has no control over and assumes no responsibility for the User Content, and by using the Service, you expressly relieve Emanthan from any and all liability arising from the User Content.
  3. The Service may include or contain links to any third-party websites that may or may not be owned or controlled by Emanthan. Emanthan has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, Emanthan will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Emanthan from any and all liability arising from your use of any third-party website or services. However, we recommend that before you use any third-party service or website, you read and understand the terms and conditions and privacy policy of each such website that you visit.
  4. Subject to these Terms of Service and the Privacy Policy, Emanthan hereby grants the user a limited, non-transferable, non-exclusive, limited privilege to use this Website and/or App.
  5. You agree and acknowledge that Emanthan shall have the right at any time to change or discontinue any aspect or feature of the Website and/or App, including, but not limited to, the User Content, hours of availability, and equipment needed for access or use. Further, Emanthan may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. Emanthan reserves the right to refuse access to the Website and/or App, terminate Accounts, and remove or edit content without any notice to You.

Intellectual Indians Accounts

In order to access some of the features of the Service, you may have to create your account with Intellectual Indians. You agree and confirm that you will never use another User’s account without the permission of the said User. When creating your account, you confirm that the information provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share it with anyone. You must notify Emanthan immediately of any breach of security or unauthorized use of your account. At no point in time will Emanthan be liable for your losses caused by any unauthorized use of your account; you shall solely be liable for the losses caused to Emanthan or others due to such unauthorized use, if any.

Emanthan takes no responsibility for any User Content uploaded by Users on the Website and/or App, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the Services provided herein.

Access, Permissions, and Restrictions

Emanthan hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Service or the Content without Emanthan’s prior written authorization.
  2. You agree not to alter or modify any part of the Service.
  3. You agree not to access Content of any other user through any technology or means other than the video playback pages of the Service itself.
  4. You agree not to use the Service for any of the following commercial uses unless you obtain Emanthan’s prior written approval:
    • The sale of access to the Service;
    • The sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
    • The sale of advertising, sponsorships, or promotions on any page or website that provide similar service as that of Emanthan.
  5. You agree to install and update the app from time to time. These updates are designed to improve, enhance, and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Emanthan to deliver these to you) as part of your use of the Service.
  6. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Emanthan servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Emanthan grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Emanthan reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Service with respect to User Content.

7. You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give Emanthan Cyber Ed Research and Skills Foundation, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its Service and in any of its marketing or promotional activities.

8. In your use of the Service, you will at all times comply with all applicable laws and regulations.

9. Emanthan Cyber Edu Research and Skills Foundation reserves the right to discontinue any aspect of the Service at any time with or without notice at its sole discretion.

Content Use

In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.

  1. Content utilized in the Service, including but not limited to trademarks, service marks, and logos (“Marks”), processes, images, software, and graphics on the Service, are owned by or licensed to Emanthan Cyber Edu Research and Skills Foundation and are subject to copyright and other intellectual property rights under the law.
  2. User Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any User Content unless you see a “download” or similar link displayed by Intellectual Indians on the Service for that User Content. You shall not copy, reproduce, make available online, electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of Emanthan Cyber Edu Research and Skills Foundation or the respective licensors of the User Content. Emanthan Cyber Edu Research and Skills Foundation and its licensors reserve all rights not expressly granted in and to the Service and the Content.

Termination of Account

  1. Emanthan Cyber Edu Research and Skills Foundation will terminate a user’s access to the Service if:
    1. The user is a repeat copyright infringer.
    2. The user breaches any terms of these Terms of Service.
    3. Violation of any applicable laws.
    4. Your use of the Service disrupts our business operations or affects any other party/User.
    5. You have behaved in a way that could be regarded as inappropriate, unlawful, or illegal, or that could bring any claims against Emanthan Cyber Ed Research and Skills Foundation.
  2. Emanthan Cyber Edu Research and Skills Foundation reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length, or any other parameter that Emanthan Cyber Edu Research and Skills Foundation deems fit from time to time. Emanthan Cyber Edu Research and Skills Foundation may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
  3. We may suspend access to the Services or require you to change your password if we reasonably believe that the Services have been or are likely to be misused, and we will notify you accordingly. Any termination of your registration and/or Account or the Services will not affect liability previously incurred by you.

Copyright Infringement

  1. Emanthan Cyber Edu Research and Skills Foundation operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party.
  2. As part of Emanthan Cyber Ed Research and Skills Foundation’s copyright policy, Emanthan Cyber Edu Research and Skills Foundation will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
  3. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given in the copyright policy on how to make a claim of copyright infringement.
  4. Notice of Copyright Infringement:
    1. Pursuant to the provisions of the Indian Copyright Act, 1957 read with the Information Technology Act of 2000, we are an intermediary platform that allows the general public to post content on its online platform. We have implemented procedures for receiving written notification of claimed infringements on the content uploaded to our online platform. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication that contains:
      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
      2. A description of the copyrighted work that you claim has been infringed upon;
      3. A description of where the material that you claim is infringing is located on the website, including the educator name, topic, and any other detail identifying the infringing content;
      4. Your email address, your physical address, and telephone number;
      5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
      6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please submit your notice to our Copyright Agent as follows:

Email us at: founder@intellectualindians.com

Or contact us by mail at: Emanthan Cyber Edu Research and Skills Foundation 55-D, Slice 5, Scheme 78, Vijaynagar, Indore, Madhya Pradesh, India Pin: 452010

1. Our Policy for Addressing Copyright Infringements:

We adhere to a strict three-strike policy for dealing with copyright infringements. If an educator is found violating our copyright policy on three separate occasions, they will be permanently banned from our platform, and any entitlement to compensation or monetary benefits will be forfeited.

  1. First Violation: The infringing content will be removed, and the educator will receive a warning. They will also be suspended from creating new courses for a week.
  2. Second Violation: The educator will be suspended from creating new content for a month, and all content related to the violation will be taken down immediately.
  3. Third Violation: The educator will be permanently banned from the platform, preventing them from creating any future courses.

Confidentiality

You agree not to disclose any Confidential Information (as defined below) related to Emanthan Cyber Edu Research and Skills Foundation without prior written consent.

Confidential Information includes, but is not limited to, pricing, payment terms, employee details, user lists, business models, processes, ideas, and concepts related to Emanthan Cyber Edu Research and Skills Foundation that are not publicly available. You acknowledge that the Confidential Information remains the property of Emanthan Cyber Ed Research and Skills Foundation, and any breach will cause irreparable harm.

Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EMANTHAN CYBER ED RESEARCH AND SKILLS FOUNDATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM. EMANTHAN CYBER EDU RESEARCH AND SKILLS FOUNDATION DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY LINKED CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) ERRORS OR INACCURACIES OF USER CONTENT OR OTHER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OUR SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTIONS TO OR CESSATION OF TRANSMISSION FROM OUR SERVICES, (IV) BUGS, VIRUSES, OR MALICIOUS CODE TRANSMITTED THROUGH OUR SERVICES, OR (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED THROUGH THE USE OF CONTENT MADE AVAILABLE VIA THE SERVICES. EMANTHAN CYBER EDU RESEARCH AND SKILLS FOUNDATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED SERVICES OR ADVERTISING, AND WILL NOT BE LIABLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EMANTHAN CYBER ED RESEARCH AND SKILLS FOUNDATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM (I) ERRORS OR INACCURACIES OF USER CONTENT OR OTHER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OUR SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTIONS TO OR CESSATION OF TRANSMISSION FROM OUR SERVICES, (IV) BUGS, VIRUSES, OR MALICIOUS CODE TRANSMITTED THROUGH OUR SERVICES, OR (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED THROUGH THE USE OF CONTENT MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE UNDERSTAND THAT IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS, AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED. IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, EMANTHAN CYBER EDU RESEARCH AND SKILLS FOUNDATION LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).

YOU SPECIFICALLY ACKNOWLEDGE THAT EMANTHAN CYBER EDU RESEARCH AND SKILLS FOUNDATION SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE SERVICE IS CONTROLLED AND OFFERED BY EMANTHAN CYBER EDU RESEARCH AND SKILLS FOUNDATION FROM ITS FACILITIES IN INDIA. EMANTHAN CYBER EDU RESEARCH AND SKILLS FOUNDATION MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. USERS WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Emanthan Cyber Ed Research and Skills Foundation, its parent corporation, officers, directors, employees, and agents, from any claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

Eligibility to Use and Acceptance of the Terms of Service

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, please talk to your parents before using this website.

Emanthan Cyber Edu Research and Skills Foundation reserves the right to refuse access to the Services offered at the Website and/or App to any users or to suspend and/or terminate access granted to existing registered users at any time without providing any reasons.

We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them. You agree and acknowledge that your use of the Website and/or App and the Services is subject to the most current version of the Terms of Service made available on the Website and/or App at the time of such use.

Force Majeure

Emanthan Cyber Edu Research and Skills Foundation shall not be liable for failure to perform, or delay in performance of, any of its obligations if such failure or delay is caused by events beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body, war, terrorism, floods, fire, strikes, epidemics, civil unrest, power outages, or severe weather.

Information Technology Act

Certain laws in India prohibit and impose restrictions on the use of the Website. You are advised to familiarize yourself with these laws and not to post any information or messages that may be construed as malicious, defamatory, inappropriate, slanderous, pornographic, or otherwise sexually oriented, or that attacks or comments on any individuals, educational institutions, or other entities. You also agree not to post any information to which you do not have copyrights or other appropriate permissions. Failure to comply with these terms may result in the removal of your posts without prior notice. The IP address of all posts is recorded to aid in enforcing these conditions.

Other Laws

Certain laws require the maintenance of data with respect to the services, goods, and other personal information in a prescribed format. Emanthan Cyber Edu Research and Skills Foundation will use all information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.

Governing Law and Jurisdiction

The Terms of Service are governed by and construed in accordance with the laws of India, without reference to conflict of laws principles, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in Indore, Madhya Pradesh, India.

General

If any part of these Terms of Service is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any notice required to be given in connection with the Services shall be in writing to the registered office of Emanthan Cyber Ed Research and Skills Foundation. We do not guarantee continuous, uninterrupted, or secure access to our Service, and operation of the Service may be interfered with by factors outside our control. Headings are for reference purposes only and do not define, limit, construe, or describe the scope of any section. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

The User hereby consents, expresses, and agrees that they have read and fully understand the Privacy Policy of Emanthan Cyber Ed Research and Skills Foundation. The User further consents that the terms and contents of such Privacy Policy are acceptable to them.