Introduction

Welcome, and thank you for your interest in Eduguy.com (“Eduguy” or “We” or “Us”), which operates the web site located at http://eduguy.com and related application programming interfaces (API’s), mobile applications and online services (the “Website”). The following Terms of Service are a legal contract between you (“You”) and Eduguy regarding your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users”. PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE KHAN ACADEMY PRIVACY POLICY AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS”). IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.

Conditions of Use

These Terms and Conditions apply to all Users of the Eduguy Platform, including educators who are also contributors of User Content on the Eduguy Platform. The Eduguy Platform includes all aspects of the Website and Apps which includes but is not limited to products, software and services offered via the Eduguy Platform, service or application that Eduguy introduces from time to time. Eduguy Platform is an online platform that supports and facilitates Admissions, career counselling, group study, educational videos/or tutorials, curated content etc. Eduguy acts as an intermediary between the educator and the User. The Eduguy Platform may include or contain links to any third-party websites that may or may not be owned or controlled by Eduguy. Eduguy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Eduguy will not and cannot censor or edit the content of any third-party site. By using the Eduguy Platform, you expressly relieve Eduguy 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 services or website you read and understand the terms and conditions and privacy policy of each such website that you visit. Subject to these Terms and Conditions, Privacy Policy and all other other rules and policies made available or published elsewhere, Eduguy hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Eduguy Platform in accordance with these Terms and Conditions. You agree and acknowledge that Eduguy shall have the right at any time to change or discontinue any aspect or feature of the Eduguy Platform, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, Eduguy 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. Eduguy reserves the right to refuse access to the Eduguy Platform, terminate Accounts, remove or edit contents without any notice to You.

Privacy Policy

Eduguy values your trust. In order to honour that trust, Eduguy adheres to ethical standards in gathering, using, and safeguarding any information you provide. This privacy policy governs your use of the application ‘Eduguy-www.eduguy.com (“Website”) and the other associated/ancillary applications, products, websites and services managed by the Company. Please read this privacy policy (“Policy“) carefully before using the Application, Website and its services along with the Conditions of Use provided on the Website. Your use of the Website, Application, or services in connection with the Application, Website or products (“Services“), or registrations with us through any mode SD cards, tablets or other storage/transmitting device shall signify your acceptance of this Policy and your agreement to be legally bound by the same. For the sake of brevity your use of ‘Eduguy’ in any electronic form or device shall be bound by the terms and conditions enumerated and agreed upon hereunder with wilful and free consent. If you wish not to agree with any of the terms and conditions of this Policy, kindly refrain from using the Website, Application or services or until satisfaction for you to use the same by its Sales/Marketing/Technical/Legal Team, avail any of these services. User Provided Information The Application/Website/Services records the information you provide when you download and register for the Application or Services. When you register with us, you generally provide (a) your name, age, email address, phone number, password and your ward’s educational interests; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) information you enter into its system when using the Application/Services, such as while asking doubts, participating in discussions and taking tests. The said information collected from the users could be categorized as “Personal Information“, “Sensitive Personal Information” and “Associated Information“. Personal Information, Sensitive Personal Information and Associated Information (each as individually defined under this Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (the “Data Protection Rules“)) shall collectively be referred to as “Information” in this Policy. Eduguy may use this Information to contact you from time to time, to provide you with the Services, important information, required notices and marketing promotions. Eduguy will request you when it needs more information that personally identifies you (personal information) or allows us to contact you. Eduguy will not differentiate between who is using the device to access the Application, Website or Services or products, so long as the log in/access credentials match with yours. In order to make the best use of the Application/Website/Services and enable your Information to be captured accurately on the Application/Website/Services, it is essential that you have logged in using your own credentials. Eduguy will, at all times, provide the option to you, not to provide the Personal Information or Sensitive Personal Information, which it seeks from you. Further, you can, at any time while using the Application/Services, also have an option to withdraw your consent given earlier to it, to use such Personal Information or Sensitive Personal Information. Withdrawal of the consent by you is required to be sent in writing to us at the contact details provided in this Policy below. In any such event, Eduguy or the Company fully reserves the right to withdraw further usage of the Application/Website or provide any further Services thereunder to you. Automatically Collected Information In addition, the Application/Services may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application/Services. As is true for most Mobile applications, Eduguy also collects other relevant information as per the permissions that you provide. Use of your Personal Information Eduguy uses the collected Information to analyse trends, to conduct research, to administer the Application/Services and products, to learn about each user’s learning patterns and movements around the Application/Services and products and to gather demographic information and usage behaviour about its user base as a whole. Aggregated and individual, anonymized and non-anonymized data may periodically be transmitted to external service providers to help us improve the Application, products and its Services. Eduguy will share your information with third parties only in the ways that are described below in this Policy. Eduguy may use the individual data and behavior patterns combined with personal information to provide you with personalized content, and better your objectives/experience. Third parties provide certain services which we may use to analyze the data and information you provide to personalize, drive insights and help it better your experience or reach out to you with more value added applications, products, information and services. However, these third party companies do not have any independent right to share this information. Eduguy does not sell, trade or rent your Information to any third party unless, we have been expressly authorized by you either in writing or electronically to do so. Eduguy may at times provide aggregate statistics about its customers, traffic patterns, and related site information to reputable third parties, however this information when disclosed will be in an aggregate form and does not contain any of your Personally Identifiable Information. Eduguy will occasionally send email notices or contact you to communicate about its Services, as they are considered an essential part of the Services you have chosen. Eduguy may disclose Information: as required by law, such as to comply with a subpoena, or similar legal process; to enforce applicable Conditions of Use, including investigation of potential violations thereof; when it believes in good faith that the disclosure is necessary to protect its rights, protect your safety or the safety of others, investigate fraud, address security or technical issues or respond to a government request; with its trusted services providers who work on its behalf, do not have an independent use of the information Eduguy discloses to them, and have agreed to and adhered to the rules set forth in this Policy; to protect against imminent harm to the rights, property or safety of the Application/Website or its users or the public as required or permitted by law; with third party service providers in order to personalize the Application/Website/Services/products for a better user experience and to perform behavioural analysis; Any portion of the Information containing personal data relating to minors provided by you shall be deemed to be given with the consent of the minor’s legal guardian. Such consent is deemed to be provided by your registration with Eduguy. Access to your Personal Information Eduguy will provide you with the means to ensure that your Personal Information is correct and current. If you have filled out a user profile, it will provide an obvious way for you to access and change your profile from its Application/Services/Website. Eduguy adopts stringent security measures to protect your password from being exposed or disclosed to anyone. Only upon you forgetting the password for its Application/Website or Services, Eduguy will have a right to reset the same to you with your prior approval as per standard web practices. Cookies Eduguy send cookies (small files containing a string of characters) to your computer, thereby uniquely identifying your browser. Cookies are used to track your preferences, help you login faster, and aggregated to determine user trends. This data is used to improve its offerings, such as providing more content in areas of greater interest to a majority of users. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Disclaimer: Some of Eduguy features and services may not function properly if your cookies are disabled. Links Eduguy may present links in a format that enables us to keep track of whether these links have been followed. Eduguy uses this information to improve its customized content. Clicking on links may take you to sites outside its domain. Eduguy are not responsible for the privacy practices of other web sites. Eduguy encourage its users to be aware when they leave its site to read the EULA/T&Cs of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by its Website. Alerts Eduguy may alert you by email or phone (through sms/call) to inform you about new service offerings or other information which it perceives might be useful for you. Public Forums When you use certain features on its website like the discussion forums and you post or share your personal information such as comments, messages, files, photos, will be available to all users, and will be in the public domain. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting on its forums this information may become publicly available. Security Eduguy are concerned about safeguarding the confidentiality of your Information. Eduguy provide physical, electronic, and procedural safeguards to protect Information it processes and maintain. An illustration being, Eduguy limits access to this Information to authorized employees only who need to know that information in order to operate, develop or improve its Application/Services/products/Website. Please be aware that, although Eduguy endeavour is to provide stringent security, for information it possesses and maintains, no security system can prevent all potential security breaches. Log information When you access Eduguy Website, its servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, internet protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser. User communications When you send an email or other communication to Eduguy, it may retain those communications in order to process your inquiries, respond to your requests and improve our Services. Changes to this Statement As the Company evolves, its privacy policy will need to evolve as well to cover new situations. You are advised to review this Policy regularly for any changes, as continued use is deemed approval of all changes. Your Consent Eduguy believes that, every user of our Application/Services/Website must be in a position to provide an informed consent prior to providing any Information required for the use of the Application/Services/Website. By registering with it, you are expressly consenting to its collection, processing, storing, disclosing and handling of your information as set forth in this Policy now and as amended by us. Processing, your information in any way, including, but not limited to, collecting, storing, deleting, using, combining, sharing, transferring and disclosing information, all of which activities will take place in India. If you reside outside India your information will be transferred, processed and stored in accordance with the applicable data protection laws of India.

Content, Comment and Reviews

The Platform may provide you with the ability to upload forum posts, chat with other users and Eduguy’s counsellors, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Programs, e.g., questions, hypotheticals, examples, assignments, industry projects etc. (collectively, “User Content”). Eduguy does not claim ownership of any User Content you may submit or make available for inclusion on the Platform or Programs. Accordingly, subject to the license granted to Eduguy above, the user will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content. With respect to any User Content you submit via the Platform or Programs or that is otherwise made available to Eduguy, you hereby grant Eduguy an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Platforms or in the Programs or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). Eduguy reserves the right to remove any User Content at any time and for any reason. To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Eduguy to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, © as between you and Eduguy, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices. Eduguy does not control the User Content posted through the Platform, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances Eduguy be liable in any way for any User Content, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your posting or use of any User Content. You are responsible for complying with all laws applicable to the User Content. You are prohibited from posting the following Content on the Platform: Content that is fraudulent, indecent, or libelous or defames, harasses, discriminates against, harms or threatens others; Content that discusses illegal activities, with the intent to commit them; Content that infringes or misappropriates patent, trademark, trade secret, right of publicity, or other intellectual property rights of third parties; Content that you do not have the right to disclose; Profane, pornographic, obscene, indecent or unlawful Content; Advertising or any form of commercial solicitation; Content related to partisan political activities; Content that contains intentionally inaccurate information or that is posted with the intent of misleading others; viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; that consists of any high volume, automated, or electronic means to access the Platform (including without limitation robots, spiders or scripts); that violates the rights of other users of the Platform; or that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Eduguy, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT Eduguy, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR Eduguy PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Eduguy PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR Eduguy PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Eduguy PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Eduguy 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, Eduguy LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE Eduguy PLATFORMS AGAIN. YOU SPECIFICALLY ACKNOWLEDGE THAT Eduguy 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.

Force Majeure

Force Majeure Any act or situation which is beyond our control is known as a “Force Majeure Event”. In such a circumstance, we are not liable for any failure to perform, or delay in performance of our obligations or contracts under our General Terms. Any act, event, non-happening, omission or accident beyond our control includes (but is not limited to): Strikes, lock-outs or other industrial action. Civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Interruption or failure of utility service (including the inability to use public or private telecommunications networks). The acts, decrees, legislation, regulations or restrictions of any government. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under the General Terms or any related contract between us may be performed despite the Force Majeure Event.

proprietary rights

Unless otherwise indicated, Eduguy is the owner or the licensee of all intellectual property rights in our Websites and/or Services (including any content made available through our Websites and/or Services and the underlying source code with regards to the software that we use). Eduguy grants you a personal, non-transferable and non-exclusive licence to use our Websites and specific Services for their intended purpose, subject to your compliance with these General Terms. You agree not to display or use the Eduguy Marks without our express prior consent.

Termination

We may terminate your access to the Websites and/or use of the Services, with or without notice and without liability to you or any third party. We may also remove and discard any User-Uploaded Content on our Websites for any reason and at any time, including, but not limited to, believing that you have breached our General Terms. We may also take any other necessary action we deem reasonable in connection with a breach of these General Terms.