Last Updated: December 26, 2020
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
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.
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.
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
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.
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
Course materials will be provided by Eduphoria. Additionally, you may purchase course/exercise books of your choice.
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.
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.
Fees for our Service are subject to change without
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.
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:
Late-cancellations, no-shows and technical problems
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:
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
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.
The following organizations may link to our Website without prior written approval:
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:
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:
No use of Eduphoria LLP's logo or other artwork will be
allowed for linking absent a trademark license agreement.
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.
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.
Your submission of personal information through our
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.
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.
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
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.
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 /
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.
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
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
Any ambiguities in the interpretation of these Terms and
Conditions shall not be construed against the drafting party.
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.
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.
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.
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.
Questions about the Terms and Conditions should be sent
to us at email@example.com