This page sets out Inkclick’s General Terms and Conditions of Use (“Terms and Conditions”). These Terms and Conditions govern the use of Inkclick’s website and mobile/Ipad/Tablet application (collectively, “the Platform”) by students, parents and mentors (collectively, “you” or “User”) to use the content and services available on the Platform (“Services”).

These Terms and Conditions should be read along with the Privacy Policy , the Advertisement Terms (applicable if you are publishing advertisement on the Platform) and any other rules or policies published by Inkclick, from time to time, and as available on the Platform. By accessing, visiting or using the Platform, you agree to be bound by the provisions of the Terms and Conditions, Privacy Policy and other rules as may be made available to Users from time to time.

If you do not agree to be governed by these Terms and Conditions, you are required to cease use of the Platform immediately. Continued usage of the Platform by you, will be deemed to be your consent to these Terms and Conditions.

1. Eligibility and Accounts

1.1. To access the Platform and its Services all Users of the Platform will be required to create an account. As a User, you have the option to register and create account on the Platform as the following:

(a) An individual willing to access Mentor content (“Student”)

(b) Parent or legal guardian of a Student (“Parent”); and

(c) Any user, including a parent, posting session on the Platform(“Mentor”)

1.2. If you are a Student below the legal age to be able to consent as per your applicable jurisdiction (for example, for India the legal age is 18), you affirm that you have the requisite consent from your Parent who is capable to consent to these Terms and Conditions and help you enrol in sessions. In this regard, you will provide your accurate age while creating the account. In case you are below the legal age to consent as per your applicable jurisdiction, you will be required to provide the e-mail id of your Parent upon which Inkclick will send an electronic verification request in the form of a verification link (in case the email-id is provided). Upon successful verification by the Parent by accepting the verification link, the account for a Student (who is below the legal age to be able to consent) will stand created.

1.3. If you register as a Student and you are below the legal age to consent, the Parent verifying the account will assume responsibility for that Student and will be liable for any content accessed by the Student. In such case, the Parent represents and warrants that he/she will be bound by the terms on behalf of such Student, including without limitation being liable for all use of the website by the Student.

1.4. The Services are not available to (i) any User previously suspended or removed from the Platform by Inkclick for any reason, or (ii) any persons below the legal age to consent and whose registration has not been verified by the Parent.

 

2. The Inkclick Platform

2.1. You represent and warrant to Inkclick that you will submit factually correct information at the time of setting up your account and in all future instances where you may submit any information on the Platform.

2.2. As a User, you have the following options available for accessing the Mentor Content (as defined below):

(i) pre-planned sessions created by a Mentor (“Pre-planned Sessions”), will be available for limited date and time stated for the respective Pre-planned Sessions;

(ii) Requested sessions between an individual User and a Mentor on a one-on-one basis (“Requested Session”) will be available for a limited date and time specified for the Requested Session. The timing for the Requested Session will be mutually agreed between the Mentor and the User.

2.3. This access does not give the User any right to download, distribute, re-distribute, reproduce, the Mentor Content in any manner (including by sharing account information with a third party or illegally downloading, copying or recording the course and sharing it on peer-to-peer distribution sites or in any other manner whether digital or physical).

2.4. Pre-planned Session should be for a minimum duration of 15 (fifteen) minutes and maximum duration of 1 (one) hour.

2.5. A Requested Session is designed for mutual interaction with a User, where the User can interact with the Mentor.

2.6. Any User can create groups with other Users for interaction and posting. However, only a Mentor/Parent can post any Pre-planned Session.

2.7. Inkclick reserves the right to terminate, suspend or ban some or all parts of your account, with or without notice, for any violation of these Terms and Conditions, or on account of extended periods of inactivity, technical issues or problems, upon request of relevant authorities, or suspicion of any illegal activity.

2.8. You agree that Inkclick will not be liable to you or any third party for termination of your account(s) on the Platform for removal of data, restriction of access and/or any ancillary acts undertaken on the Platform in this regard.

 

3. User Behaviour

3.1. All Users acknowledge and accept that the Platform strives to provide a platform for world-class educational content and experience. Accordingly, all Users are required to conduct themselves in a fair and mature manner and Users must strive to keep the Platform safe for all other Users.

3.2. Users are required to comply with all applicable laws, rules and regulations governing the use of this Platform in their local jurisdiction. Users are solely responsible for compliance with any and all applicable laws.

3.3. Inkclick has a No tolerance policy towards any User posting plagiarised/objectionable content, thus will be considered to be in breach of these Terms and Conditions.

3.4. The Platform allows Users to communicate with other Users on the Platform and to share content such as messages, photos and videos with other Users. Users are strictly forbidden from creating any content that may be construed by a reasonable person to be inappropriate, crude, sexually explicit, racist, sexist, homophobic, misleading, incorrect, defamatory or illegal under any applicable laws.

3.5. Any User behaviour on the Platform that seeks to induce violence or may be construed as hate speech, religion based discussion or discrimination, cyber bullying, threat to a fellow User or anybody else, malicious use of language / photos /videos, will be considered a breach of these Terms and Conditions. If it is found that any of the content generated or posted by the Users is in violation of these Terms and Conditions or any applicable laws (including intellectual property right laws), Inkclick will have the unilateral right to remove such content.

3.7. Breach of these Terms and Conditions or any other policies and guidelines issued by Inkclick from time to time may lead to an immediate termination of the associated User account(s) at the sole and final discretion of Inkclick.

3.8. If any of the Users are in violation of your intellectual property or trademark(s) through this Platform, please contact us immediately.

 

4. Content Rights

4.1. By posting any content on the Platform, you represent and warrant that you have all the necessary rights and authority to post such content and that such content is not in infringement of any intellectual property right of any person or entity.

4.2. Inkclick does not claim ownership over the content posted by its Users. However, by posting any content a User will be deemed to have allowed Inkclick to reuse and share such content in any manner Inkclick sees fit including in relation to the advertisements on the Platform which will be governed by the Advertisement Terms. Inkclick clarifies that it will exercise no direct right on normal posts, photos, comments provided by any User, except to the limited extent of reproducing them for sharing, tagging etc by the User as long as the User has such posts, photos, comments linked to its account.

 

5. Platform User Liability

5.1. Inkclick is an online platform for providing an interactive platform between Users (which includes Mentors). Inkclick does not editorialize in any manner the content made available on the Platform. Inkclick cannot guarantee the reliability, validity or truthfulness of the content offered on its Platform as these belong to the Mentor and Inkclick has no role to play in creating such content.

5.2. Although Inkclick reserves the right to review and remove the content that violates these Terms and Conditions, Such content is the sole responsibility of the User who posts it, and Inkclick cannot guarantee that all content will comply with these Terms and Conditions. If you see any content on the Platform that violates these Terms and Conditions, or is generally abusive, vulgar or obscene, you may contact us immediately to report the same. Inkclick will act on objectionable content reports within 24 hours by removing the content and/or ejecting the user who provided the offending content.

5.3. Inkclick provides every user the mechanism to flag objectionable content and/or block abusive users. The software also has a filter in place to limit any objectionable content before its posted on the platform.

5.4. By using the Platform, you may be exposed to a wide variety of content, some of which you may consider offensive or objectionable. If found you have the mechanism to report such content/user.

5.5. You acknowledge the inherent risks and dangers in the strenuous nature of sessions relating to health, psychological, wellness and physical exercise and by enrolling in it, you voluntarily assume those risks, including risk of illness, bodily injury, disability, or death due to actions taken in pursuance of any such session offered by any Mentor. Hence, you are advised to exercise caution. You assume full responsibility for the choices you make before, during and after you join such a session on Inkclick Platform.

5.6. Our Services allow messaging and sharing of information in many ways. When you interact directly with any other User on the Platform, you are responsible for the types of personal information that you share. Inkclick cannot control what Users can do with the information they may collect from other Users on the Platform. Information and content that you share or post may be seen by other Users. Where we have made privacy settings available on the Platform, we will abide by and implement the settings applied by you regarding who can see your information or the content posted by you. However, the following basic information has to be provided by the User and will always be visible to other

Users:
(i)    in case of a Student, name and hobbies of the Student and name of the school or college;
(ii)    in case of a Parent, name and occupation of the Parent; and
(iii)    in case of a Mentor, name and specialisation of the Mentor.

A User has the option of blocking by another User at its sole discretion. For your own safety, it is advisable not to share any personal information with other Users.

5.7. Inkclick does not hire, employ or otherwise engage any of the Mentors (or their employees, contractors or agents) on its payroll, or as retainers. Inkclick is not liable to any User for disputes, injuries, or damage of any kind that might arise out of or relate to the conduct of Mentors vis-à-vis any other User. Users are advised to exercise their judgment and caution while interacting with any other User on the Platform.

5.8. The Platform may host links to other websites (through the links available or through advertisements posted on the Platform or in any other manner) that Inkclick does not own or control. Inkclick is not responsible for the Content or any other aspect of these third-party sites, including their collection of  information about you. You may also read their terms and conditions and privacy policies and chose to agree to them, if you wish to avail their services.

 

6. Inkclick’s Rights

6.1. Inkclick reserves all rights, title, and interest in and to the Platform, including the website and applications, application program interfaces (APIs), databases, and content our employees or partners submit or provide through the Platform which are and will remain the exclusive property of Inkclick and its licensors, if any.

6.2. Inkclick is protected by copyright, trademark, and other applicable laws of India and other relevant jurisdictions.

6.3. Users do not have the right to use the Inkclick name or any of its trademarks, logos, music, domain names, design and other distinctive brand features. Any feedback, comments, or suggestions you may provide to Inkclick is voluntary and Inkclick will be free to use such feedback, comments, ideas, plans or suggestions as we see fit and without any obligation to you.

6.4. While using the Platform, you do not have the permission to do any of the following acts:

a. disable, interfere with, circumvent, or try to disable, interfere with or circumvent any of the features of the Platform, including the website and mobile applications, related to security or probe, scan, or test the vulnerability of any of Inkclick’s systems;

b. alter, modify, copy, reproduce, reverse engineer or in any manner whatsoever attempt to identify proprietary source code or content on the Inkclick Platform;

c. use the Platform to carry out any malicious cyber-activities, including but not limited to sending a virus, carrying out a DDOS attack, spamming, interfering with or disrupting the access of any user, host, network or framework or in any manner whatsoever disrupting the normal Services;

d. use a spider, scraper, robot or any automated or manual means of searching the Platform other than through the provided functionality;

e. access or tamper with any parts of the Platform that have not been explicitly made available to the Users, including any back-end components or source code; or

f. act in a manner that may be detrimental to the smooth operation of the Platform or that may pose a commercial disadvantage to the Platform.

 

7. Liability and Indemnity

7.1. By using the Services, you fully accept and acknowledge that any risks arising due to any actions taken in pursuance of any Content offered by any User are not in the control of Inkclick and you thereby agree that you will have no recourse to seek damages if you suffer loss or damage from using the Platform and Services. Inkclick will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, or business opportunities, or for any personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise.

7.2.You agree to indemnify and hold harmless Inkclick, our representatives and group companies, and their officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from your use of the Services, your violation of these Terms and Conditions and / or Privacy policy, any content posted or shared by you, or your violation of the rights of any third party. Your indemnification obligation will survive the termination of these Terms and Conditions and your use of the Services.

 

8. General Terms and Conditions

8.1. These Terms and Conditions , Privacy Policy or any other policy of Inkclick as available on the Platform, may be updated from time to time and Inkclick reserves the sole right to modify these Terms and Conditions or any other policy of Inkclick at any time, without prior notice to the Users. Users will be informed of all changes in the Terms and Conditions or any other policy of Inkclick through the email address provided at the time of registration or as a pop up on the Platform at the time of log-in to the User account on the Platform.

8.2. Continued usage of the Platform will be treated as consent to such amended Terms and Conditions.

8.3. Use of this Platform does not constitute a joint venture, partnership, employer-agent relationship or any similar arrangement or relationship.

8.4. You agree that by using Inkclick’s Platform and/or Services, you agree to enter into a legal binding contract with Inkclick.

8.5. Businesses and organisations may engage us to show you advertisements for their products and services and other sponsored content. By using the Platform, you agree to be shown advertisements on the Platform that we think may be relevant to you and your interests. However, Inkclick is not liable for any matter direct or incidental to the merchandise products, and/or services purchased by you in furtherance of such advertisements and this will be the sole responsibility of the User.

8.6. Inkclick may permit you to associate your Inkclick account with certain third-party social networking or integrated services, such as Facebook Connect, Instagram, Linkedin and Google ("Integrated Service"). By granting access to an Integrated Service, you agree that Inkclick may access your Integrated Service's account information and may store and use certain information already associated with the Integrated Service consistent with our Privacy Policy, and you agree to any and all terms and conditions of the Integrated Service.

8.7. For Users accessing the Platform through a Student account, the Platform has the feature of scrapbook to express yourself and to communicate with other Students. Scrapbook allows students to create, connect, communicate and post pictures or videos with other student Users. When you share and communicate using our Platform, you, on your own, choose the audience for what you share. You will be personally held responsible for your actions on the Platform, thus ensure that any content that you post including comments does not hurt the sentiments of any group or individual and cannot be construed as being harassment or bullying. You understand that Inkclick does not guarantee any confidentiality with respect to any content that you share, unless the privacy setting have been adjusted by you on the Platform.

8.8. The Platform provides additional features such as location sharing and camera so that you can do things such as use filters that you like. In any case, you may note that Inkclick will not retain your photos.

8.9. For each login / visit to our Platform by you, we may collect, in accordance with applicable laws and where required with your consent, information relating to the devices you use and the networks you are connected to when using our services, through the use of various technologies including cookies. The information collected may include the following information: your IP address, log-in information, browser type and version, browser plug-in types and versions, operating system and platform, advertising identifier, information about your visit including the URL clickstream to, through and from our Platform, products you viewed or searched for, download errors, length of visits to certain pages, location, page interaction and any phone number used to call our customer service number. We may extract such information, as required, for the purpose of business expansion.

8.10. If any part(s) of these terms is found to be invalid or unenforceable under the applicable law(s), then only that provision will be deemed to be superseded, by a valid provision that matches the intent of the original provision. All other terms and conditions will continue to be in effect. Each and every obligation under these terms and conditions will be treated as a separate obligation and will be severally enforceable as such.

8.11. Inkclick and its affiliates, partners and agents make no representation or warranties about the reliability, availability, timeliness, security, accuracy, stability or lack of errors in the Services and the Platform, including any content hosted therein. We expressly disclaim any implied or express warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that you will obtain specific results from use of the Services. Your use of the Services and Platform (including any content) is entirely at your own risk.

8.12. Some features of the Platform may cease to be temporarily or permanently available at any time and for any reason, including technical issues. Inkclick will not be liable for any damages caused to any entity or User due to such non availability of features.

8.13. Inkclick is not responsible for delays or failure to perform any Services, due to events beyond reasonable control and foreseeability, such as an act of war, natural disasters, infrastructure outages or restrictions imposed by authorities and other such similar events.

8.14. These Terms and Conditions, along with any rights or licenses granted under them cannot be assigned or transferred. You acknowledge and agree that your account on the Platform is personal and non-transferable and that all rights to your account and other rights under these Terms and Conditions will stand terminated upon your death.

8.15. Inkclick may assign these Terms and Conditions, along with any rights or licenses granted under them to another company or person. Nothing in these Terms and Conditions confers any right, benefit, or remedy on any third-party person or entity. 

In case of any grievance, you can contact us anytime with your views by writing to support@inkclick.com.

 

9. Governing Law, Jurisdiction and Legal Action

9.1. These Terms and Conditions will be governed and construed in accordance with the laws of India and will be subject to all applicable rules, laws, regulations as may be in force from time to time. Inkclick and the Users and any other party raising a dispute under these Terms and Conditions, agree to submit to the exclusive jurisdiction of courts at Delhi, India.

9.2. Unless otherwise provided in these Terms and Conditions, any action to these Terms and Conditions should be reported to the Platform within 1 (One) month from when the cause of action arose, for the action to be taken by the Platform.

9.3. Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to support@inkclick.com.