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TERMS OF USE

Ekeeda - Subscription Terms & Conditions

Table of contents:

A. Subscription & Eligibility

B. Compatible Devices

C. Educational Content

D. Additional Terms

Welcome to the terms of use for Ekeeda - Subscription. These terms will be between you and Ekeeda Private Limited. We request you to please read these terms carefully along with our privacy policy, terms of use and other rules and regulations made available or published on Ekeeda online platform or mobile application (including, but not limited to, any rules or usage provisions specified on any page or on any help or other informational page on Ekeeda website or mobile application) - collectively it’s an "Agreement". The versions of the above-mentioned terms and policies will be available on Ekeeda site and/ or mobile application for your reference to make understand how we handle your personal information. Every time you visit, browse, or use your Ekeeda Subscription, you accept this Agreement.

A. Subscription & Eligibility

Ekeeda subscription is a personalized subscription that would offer, recommend and help you discover enriched digital educational content in the form of pre-recorded courses and live streamed lectures to clear doubts by top educators (collectively, "Educational Content") in the category of your interest. The subscription will give you access to all the pre-recorded online courses/classes that are on-going during your subscription period. If you're below 18 years, or the age of majority in your location, you may use the Subscription only with involvement of a parent or guardian. We personalise the content and feature them as a part of the Subscriptions, including showing our recommendations on Educational Content in the subscribed category, features and other related categories that might be of interest to you. We strive hard to continuously improve the Subscriptions and the subscription plans to enhance your subscription experience.

B. Compatible Devices

In order to access the pre-recorded courses/classes or to download the Educational Content in the mobile application, you will need to have a personal computer, portable media player, or other device that meets the system and compatibility requirements (a "Compatible Device"). The Compatible Devices might change from time to time and, in some cases, whether a device is (or remains) a Compatible Device will depend on software or systems provided or maintained by the device manufacturer or other the third parties. Accordingly, devices that are Compatible Devices at one time might later cease to be Compatible Devices in the future. Thus, you will have to make sure that the device that you use is compatible with our system/software to avail the Subscription Service.

C. Educational Content

1) Ekeeda Subscription allows you to access pre-recorded Courses/Videos of Educational Content on a subscription basis in the subscripted category to view, for a limited period of time during the Subscription Period.

2) Usage Rules:

Due to the limitations imposed on us by our Educational Content providers i.e. Educators, the Educational Content we make available to you on Ekeeda Subscription are subject to restrictions on viewing access and on the length of time we make them available to you. These restrictions might change in the future as we add new features, devices and content to our Subscription Service. The following are restrictions to access Educational Content on Ekeeda Subscription:

Live – Streaming of Education Content:

You will get access to attend live streamed doubt clearing lectures/courses in your subscribed category during the Subscription Period through your Web browser/mobile application with compatible Internet-connected devices.

Downloading

You may only have option to do in-app download and the downloaded Educational Content can be viewed by you during the Subscription Period in your compatible devices. After downloading the Educational Content, you will have access to the same for the Subscription Period only and all access to the downloaded content shall be removed on expiry or termination of your Subscription, as the case maybe.

Viewing Period

You can view the pre-recorded courses/classes of the Educational Content and watch and re-watch them later during your Subscription Period, by in-app downloading or streaming it, as often as you want and as long as you want. However you will need to have an active subscription for this and the viewing is only within the Subscription Period or for a period of time as provided in this Agreement.

3) Subscription & Payment.

You can subscribe to the course category of your choice by clicking the Subscribe option and making the required payment for the Ekeeda subscription plan of your choice.

4) Limited License for Educational Content.

Subject to payment of the Subscription fee and your compliance with all terms of this Agreement, Ekeeda and the Educator grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Subscription Period, to access and view pre-recorded classes/courses of the Educational Content in accordance with the terms of this Agreement, for personal, non-commercial, private use only. We are authorized to automatically remove your access to the Educational Content from your Compatible Device after the end of the Subscription Period or in accordance with any restriction mentioned in this Agreement.

5) Availability of Subscribed Educational Content.

Educational Content will generally be available to you for in app download or streaming or attending live-streamed doubt clearing lectures/courses during the Subscription Period, as applicable, however it may become unavailable due to Educator licensing restrictions or for other reasons. Ekeeda will not be liable to you if the Educational Content in the subscribed category becomes unavailable for further in app download or streaming. You may download and store your own copy of Educational Content on a Compatible Device authorized for such in app download so that you can view that Educational Content however; the access to such in-app downloaded Educational Content shall be removed on expiry of the Subscription Period or in case of Educator licensing restriction or termination of the Subscription in accordance with the terms of this Agreement.

6) In-App Downloading

You are granted license only for in-app download of the Educational Content in the mobile application or on Compatible Devices permitted as such. Screen-casting or downloading on any other device or in any manner is not permitted and herein shall amount to immediate termination of Subscription along with termination of access to all downloaded Educational Content with a right to initiate appropriate legal action, at the sole discretion of Ekeeda.

7) Streaming Quality

The resolution and quality of the Educational Content you receive will depend on a number of factors, including the type of Compatible Device on which you access the Educational Content and your bandwidth, which might increase or decrease over the course of your viewing. While we endeavour to offer you a high-quality viewing experience, we make no guarantee as to the resolution or quality of the Educational Content you will receive at the time of streaming.

8) General Restrictions.

You may not (i) transfer, copy or display the Educational Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Educational Content; (iii) remove any proprietary notices or labels on the Educational Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Subscription; or (v) use the Subscription or Educational Content for any commercial or illegal purpose.

D. Additional Terms

1) Communications

We might send you promotions or otherwise communicate with you electronically, which may include e-mail, push notification, and you hereby consent to receive those communications. These communications will be in accordance with the Ekeeda Privacy Policy.

2) Subscription Modification

Ekeeda reserves the right to modify, suspend, or discontinue the Subscription Service, or any part of the Subscription Service, at any time and without notice (except as required by applicable law), and Ekeeda will not be liable to you should it exercise such rights, even if your ability to use Educational Content is impacted by the change.

3) Amendments

Ekeeda reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with the Subscription Service. To the maximum extent permitted by law, your continued use of the Subscription Service following any changes will constitute your acceptance of such changes.

4) Reservation of Rights; Waiver.

The Subscription Service and the Educational Content embody intellectual property that is protected by law. Copyright owners of Educational Content, i.e. Educator, are intended third-party beneficiaries under the Agreement. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

5) Disputes/Conditions of Use.

Any dispute or claim arising from or relating to this Agreement or the Subscription Service is subject to the governing law, disclaimer of warranties and limitation of liability, any binding arbitration, and all other terms in the Ekeeda Terms of Use. You agree to those terms by using the Subscription Service.

6) Limitation of Liability.

Without limiting the disclaimer of warranties and limitation of liability in the Ekeeda Terms of Use: (i) in no event shall our total liability to you for all damages arising out of or related to your use or inability to use the Subscription Service exceed the amount of INR 500 (Indian Rupees Five Hundred); and (ii) in no event shall our or our Educational Content providers' i.e. Educator’s total liability to you for all damages arising from your use of the Subscription Service, the Educational Content, or information, materials included on or otherwise made available to you through the Subscription Service, exceed INR 500 (Indian Rupees Five Hundred). The limitations in this section will apply to you even if the remedies fail of their essential purpose.

7) Contact Information.

For communications regarding this Agreement, you can write to Ekeeda at [email protected]

8) Severability

If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

9) Refund and Cancellation Policy

Please read the subscription terms and conditions carefully before you subscribe to any of our subscriptions plans. Once you have subscribed for any of the plans, you cannot change or cancel your subscription plan. Once you subscribe and make the required payment, it shall be termed as final. There cannot be any further changes or modifications to the same and neither there would be any form of refund.

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