Terms and Conditions

Terms and Conditions for Eduphoria LLP

Last Updated: December 26, 2020 

OVERVIEW

ONLINE SERVICE TERMS

COOKIES

GENERAL CONDITIONS

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

MODIFICATIONS TO THE SERVICE AND FEES

FEES & PAYMENTS

LICENSE

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

HYPERLINKING TO OUR CONTENT

iFRAMES

CONTENT LIABILITY

PERSONAL INFORMATION

ERRORS, INACCURACIES AND OMISSIONS

PROHIBITED USES

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

INDEMNIFICATION

SEVERABILITY

TERMINATION

ENTIRE AGREEMENT

AGREEMENT TO BE BOUND

CHANGES TO TERMS AND CONDITIONS

CONTACT INFORMATION

OVERVIEW

Welcome to Eduphoria, the online institute for people across the world to learn a new language.

These terms and conditions outline the rules and regulations for the use of Eduphoria LLP's Website, located at www.myeduphoria.com.

By accessing this Website, we assume you accept these terms and conditions. Do not continue to use Eduphoria if you do not agree to take all of the terms and conditions stated on this page.

This Website is operated by Eduphoria LLP. Throughout the site, the terms "we", "us" and "our" refer to Eduphoria LLP. Eduphoria LLP offers this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current services shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

ONLINE SERVICE TERMS

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products and/or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

USE OF OUR SERVICE

You may use our Service only if you can form a binding contract with Eduphoria, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Creating and using your account

You have to create an account with Eduphoria to get a free trial lesson or attend a course with us. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords for your account. You must notify Eduphoria immediately of any breach of security or unauthorized use of your account. Eduphoria will not be liable for any losses caused by any unauthorized use of your account.

Teacher provisioning

We try our best to find the right teachers for you, depending on your individual needs.

We hold the right to replace your teacher with a good reason (e.g. termination of employment contract, long-term leaves etc).  You may request a new teacher or a replacement teacher anytime you wish.

For group courses, we hold the right to change your group and/or the course instructor.

Accessing our Services

We do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).

Course Materials

Course materials will be provided by Eduphoria. Additionally, you may purchase course/exercise books of your choice.

COOKIES

We employ the use of cookies. By accessing Eduphoria, you agreed to use cookies in Agreement with Eduphoria LLP's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our Website to enable the functionality of certain areas to make it easier for people visiting our Website. Some of our affiliate/advertising partners may also use cookies.

GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without explicit written permission from us.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time. However, we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND FEES

Fees for our Service are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, fees change, suspension or discontinuance of the Service.

FEES & PAYMENTS

To receive lessons / or a free trial session, you need to register via our Website by providing all the relevant information.

Free Trial: Eduphoria offers free trials (30 mins) to first-time users who are interested in our private courses.

To attend a course, you need to purchase lessons through the "Pay as you go" or the "package" options from Eduphoria. Each package gives you access to the stated amount of classes for a particular course/language. One lesson lasts for 50 minutes.

 

By purchasing a lesson, using either the "Pay as you go" option or a "package" option, you agree to be bound to the following terms and conditions:

  • Eduphoria's fees are exclusive of any applicable GST or taxes, interest or instalment fees charged by the credit card company.
  • Eduphoria guarantees that every transaction you make via our Website is 100% secure.

 

Cancellations

Late-cancellations, no-shows and technical problems

  •   Any cancellations need to be made 24 hours before the start of the course. Failure to do so results in charge of 1 lesson (50 mins).
  •   A full lesson will be charged for if the student doesn't show up for a scheduled class.
  •   We may have to cancel lessons at short notice e.g. when a teacher falls sick or is experiencing technical difficulties or during power outages. In such cases, the lesson will be rescheduled free of charge
  •   For group lessons, if the majority of the group 3+ people and/or your teacher cannot take part in the online lesson due to technical problems, the lesson will be rescheduled to the end of the course.

Refund

  •    The packages purchased are valid over a period of 1 year, from the date of purchase. Unused sessions in the packages will expire at the end of the year and cannot be refunded.
  •    All class package fees (individual lessons and "private group lessons" are non-refundable after you start your first lesson.
  •    Refunds for "public group course" can be requested up to seven days before the start of the course.
  •    We hold the right to cancel a "public group course". In this case, the course fee will be refunded.
  •    No refunds will be made for technical issues on the customer's side.

LICENSE

Unless otherwise stated, Eduphoria LLP and/or its licensors own the intellectual property rights for all material on Eduphoria. All intellectual property rights are reserved. You may access this from Eduphoria for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  •          Republish material from Eduphoria
  •          Sell, rent or sub-license material from Eduphoria
  •         Reproduce, duplicate or copy material from Eduphoria
  •          Redistribute content from Eduphoria

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

HYPERLINKING TO OUR CONTENT

The following organizations may link to our Website without prior written approval:

  •          Government agencies;
  •         Search engines;
  •         News organizations;
  •         Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  •         System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

  •          commonly-known consumer and/or business information sources; 
  •          dot.com community sites;
  •          associations or other groups representing charities;
  •          online directory distributors;
  •         internet portals;
  •         accounting, law and consulting firms; and
  •         educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Eduphoria LLP, and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our Website, you must inform us by sending an email to Eduphoria LLP. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  •          By use of our corporate name; or
  •          By use of the uniform resource locator being linked to; or
  •          By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Eduphoria LLP's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFRAMES

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

CONTENT LIABILITY

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

PERSONAL INFORMATION

Your submission of personal information through our Website is governed by our Privacy Policy available at http://www.myeduphoria.com/privacy

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Eduphoria LLP, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Eduphoria LLP and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

When Eduphoria LLP is threatened with suit or sued by a third party, Eduphoria LLP may seek written assurances from you concerning your promise to indemnify Eduphoria LLP; your failure to provide such assurances may be considered by Eduphoria LLP to be a material breach of this Agreement. Eduphoria LLP will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content / Services, with the counsel of Eduphoria LLP's choice at its expense. Eduphoria LLP will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend Eduphoria LLP against any claim, but you must receive Eduphoria LLP's prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website / Services.

SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

AGREEMENT TO BE BOUND

BY USING THIS WEBSITE OR ORDERING Services, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS ON THIS WEBSITE.

General Clause:

Force Majeure: Eduphoria LLP will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, an act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott.

Cessation of Operation: Eduphoria LLP may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Services.

Entire Agreement: This Agreement comprises the entire Agreement between you and Eduphoria LLP and supersedes any prior agreements pertaining to the subject matter contained herein.

Governing Law/Jurisdiction:

This Website is controlled by Eduphoria LLP from our offices located in the state of Karnataka, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Karnataka, India, by accessing our Website, you agree that the statutes and laws of Karnataka, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of any Services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the courts having jurisdiction over such issue, located in Karnataka, India. You hereby agree to the judgement passed by such courts and waive any right to the jurisdictional, venue, or inconvenient forum objections to such courts.

Effect of Waiver:

The failure of Eduphoria LLP to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.

Statute of Limitation:

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose else be forever barred.

Waiver of Class Action Rights:

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIM WITH THOSE OF OTHERS IN THE FORM OF A CLASS

ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at info@myeduphoria.com