1.1 This website, i.e., www.nagaed.com and www.learn.nagaed.com (“Websites”) (individually referred to as “Service” and collectively referred to as “Services”) is operated by Naga Education Private Limited, a company incorporated and existing under the Companies Act, 2013 and having its registered office at Healing Garden, H/NP-455 Ward-09, Medziphema HQ, Dimapur, Nagaland-797112, India (hereinafter referred as “NagaEd” or “us” or “we” or “our”) for providing educational technology solutions to students and teachers through a digitally enabled educational experience. These Terms (as defined below) were updated as on 26 April 2021.
1.2 These terms and conditions (“Terms”) govern the terms of usage of our Services. These Terms constitute an electronic document published in accordance with the provisions of the Information Technology Act, 2000 (“Act”)and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”), as amended from time to time.
1.3 The Services act as an online platform to provide Users (as defined below) a learning system equipped with educational content and videos for students across kindergarten to 12th standard.
You can determine when these Terms were last revised by referring to the date at the top of these Terms. NagaEd reserves the right to make any changes to these Terms at its sole discretion, subject to the Act and the Rules and it is your duty to periodically check the Terms for any such updates. By accessing this Website, you agree that you are using the Website solely at your discretion and in no way did NagaEd induce or invite or solicit you to visit this Website. You should not modify or edit or alter or use any content from the Services in any manner to hamper the position of NagaEd.
3. ELIGIBILITY AND CONSENT
3.1 By accessing the Services, the user(s), or the parent or legal guardian of the user(s) who are Minors (as defined below), as the case may be (“User” or “Users” or “you” or “yours”), acknowledge that they have read, understood and agree to these Terms.
3.2 If the Users are minors, i.e. under the age of 18 years (“Minors”), such Minors must use this Website under the supervision of a parent or a legal guardian who agree to be bound by the Terms.
3.3 It is clarified that all references to “he”, “his”, “him” and “himself”, in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.
4. USE OF SERVICES
4.1 Subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to use the Services, which allows you to access and use the Services on mobile, tablets and desktop device (“Devices”) that you own or control. You may use the Services on the Devices solely for your own personal and non-commercial use.
4.2 Our Services may be used by schools (“Schools”), including the teachers and school admin staff (“School Users”). Subject to the School Users’ acceptance of these Terms, we grant the School Users a limited, revocable, personal, non-exclusive, non-transferable license to use the Services which allows the School Users to access and use the Services on the Devices that the School Users own or control. The School Users may use the Services on the Devices solely for the purpose of providing access to the students of the said School Users to the facilities available on the Services in a manner as set forth in these Terms. For the purpose of clarity, the definition of User shall extend to School Users and the provisions of this Policy shall apply to the School Users as may be applicable.
4.3.1 The Websites shall be best viewed on the latest version of Google Chrome, Firefox, Safari, Microsoft and are accessible on the Devices.
4.3.2 The Websites is best accessed from the following operating systems, (a) Windows XP or above, (b) MAC OS 10.2 or above.
4.3.3 The contents of the Websites are best viewed with the latest version of Adobe Flash Player.
4.3.5 Further, NagaEd reserves the right to upgrade the Services from time to time to provide its Services in the best possible manner.
4.4 NagaEd’s Services are compatible only with the above-mentioned software’s or programmes. NagaEd shall not be obligated, at any point of time, to provide workable Services for any Devices that are not recognized by NagaEd or those instruments that may be purchased from any third party which are not compatible with the NagaEd’s Services.
4.5 Third-Party Links
4.6 Our Content on the Services are developed on the concepts covered in the structured curriculum syllabus prescribed for students and otherwise. The usage of the Services is not endorsed as a substitution to the curriculum-based education provided by the educational institutions or Schools but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. NagaEd acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Services and it does not imply endorsement of any particular method nor exclusion imply disapproval. Usage of our Services does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
4.7 Our Content in the Services may contain third-party content which may contain opinions and views from the person having expertise in that field and subject. NagaEd shall not be responsible for such opinions or any claims resulting from them. Such contents from the third-party have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and you agree and acknowledge that NagaEd shall not be liable and in no way be held responsible for any claims arising from breach of this Para 4.7.
4.8 Some parts of the Services are interactive, and we encourage contributions by the Users, which may or may not be subject to editorial control prior to being posted. NagaEd reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, we will not be responsible or liable for such content uploaded by Users directly on the Services, irrespective of whether we have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not. NagaEd shall not be held responsible in any manner for any content provided by other Users or third-parties or if any such content, if offensive and/or hurtful. The User is advised to exercise caution while accessing the Services.
4.9 NagaEd may conduct competitions from time to time and you agree to provide us with the right to use the submissions by you including but not limited to videos, written content, craftwork etc for promotional purposes. All rights will be reserved by us for the usage of such submissions by you. You additionally permit NagaEd to use every kind of information submitted by you like photos, videos etc. for promotional campaigns as it so pleases and you will cease to have any rights on the same once your submissions are made to NagaEd.
4.10 NagaEd has made efforts to train the personnel engaged in sales and services to give assistance relating to its Services to enable quality control (“Training Personnel”). The Training Personnel shall be responsible for training the teachers associated with the School Users to enable them to seamlessly use the Services. We make no warranties or representations regarding the quality and competence of such personnel. We shall not be responsible for any deviant behaviour exhibited by such personnel while providing such services. The Users shall bring to the notice of NagaEd any such incidence of deviant behaviour by its personnel. NagaEd reserves the right to take any action in this regard at its sole discretion.
4.11 NagaEd reserves the right to determine the criteria for the provision of various elements of Services to the different categories of Users based on its policies. Hence, registrations on the Websites do not automatically entitle the User to any and all elements of Services provided by NagaEd and NagaEd shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of our Services at our discretion.
4.12 You hereby agree that NagaEd has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Services as it deems fit at any time without notice. NagaEd makes no commitment, express or implied, to maintain or continue any aspect of the Services. You agree that the NagaEd shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services. All Fees (as defined below) are subject to change without notice.
4.13 NagaEd shall have the right to monitor the download and usage of the Services and the contents thereof by the User/s, to analyze such usage and discuss the same with the User/s to enable effective and efficient usage of the Services. The User expressly permits NagaEd to clear the doubts of the student using the Services by answering the questions placed before it, providing study plans, informing of the progress to the students and the School Users to which the said student belongs, providing feedback, communicating with the student and mentoring the student through telephone or e-mail on express consent of the legal guardian/parent of the User or through any other forum.
5. SUBSCRIPTION FEES
5.1 The digital-school learning platform
The website www.learn.nagaed.com (“Digital School Learning Platform”) provides two types of learning management system; (i) the free form of the learning management system (“Free Services”); and (ii) the paid form of the learning management system (“Paid Services”).
5.2 The Free Services are available on the Digital School Learning Platform, wherein NagaEd does not charge a fee to the Users, for the features available as a part of the Free Services.
5.3 The Paid Services on the Digital School Learning Platform provided to the School Users shall comprise of specifically curated Content, certain specific features and functionalities in the learning management system and such other facilities as may be determined between NagaEd and the specific School. The Schools are charged the fees for availing the Paid Services in such manner as may be agreed upon between NagaEd and the particular School and the terms of which shall be a part of a contract which may be executed between NagaEd and the said School.
5.4 NagaEd may use third-party payment gateways for the purpose of processing payments for the Paid Services. The relevant Users are responsible for the accuracy and authenticity of the information provided by them, including the bank account number, credit card / debit card details and any other information requested during the payment process. The Users agree and acknowledge that NagaEd shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in the processing of payment instruction or any credit card fraud.
6.1 In the event the Users (other than the School Users) are not satisfied and wish to cancel the Services, they may immediately stop using the Services.
6.2 If the Schools and School Users are not satisfied and wish to cancel the Services, they may immediately stop using the Services and notify Nagaed about their intention to cancel the Services. It is hereby clarified that the terms and procedure of cancellation for Services for the Schools shall be determined by the specific contracts executed by the said Schools and NagaEd.
7.1 NagaEd provides various educational content, including, for students belonging to Nagaland Board of Secondary Education (“NBSE”). The Services provides the Users various learning content including but not limited to study notes, test papers, various audio and video learning content, live classes, amongst others (“Content”). The Content may be specifically curated in the Digital School Learning Platform provided to the School Users as per the requirements of the particular School User, in the manner as provided in Clause 5.3 above.
7.2 The Content may be produced by us or by third-party. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.
7.3 NagaEd may allow you to create and submit content, including but not limited to files, images, videos, sounds on or through the Services (“User Content”) and by submitting such User Content, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed) and to associate your User Content with you, except as described below. You agree that others may use your User Content in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose your User Content in accordance with these Terms. If you delete your user account your User Content and name may remain available through the Services. You hereby acknowledge and affirm that you are the sole owner of the User Content that may be uploaded by you on or through the Services and NagaEd shall not be responsible in the event of any claims arising out of or relating to such User Content.
7.4 We gather and compile information and data about our users and their usage of the Services on a collective basis, in a manner which reveals personally identifiable information about individual users. You understand, acknowledge, and agree that we are the sole owners of all such aggregated data for all purposes, and have the unrestricted right to use such data and to disclose or distribute such data to third parties as we see fit, throughout the world, in any media or form.
7.5 Based on the User’s confirmation, we may facilitate the demonstration of our Services at the location sought by the User. The User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality, contents or conditions of the Services and that User has relied solely on the investigations, examinations and inspections by the User. The User has chosen to make such investigations, examinations and inspections and NagaEd has afforded the User the opportunity for full and complete investigations, examinations and inspections.
8. INTELLECTUAL PROPERTY
Unless otherwise specifically mentioned in these Terms, in addition to the Content, all of the content available through the Services (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio, User Content and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or are licensed to us by a third party (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Services. Our name and logo ‘NAGAED.’ is our trademark/service mark. To the extent that there are trademarks, service marks and/or logos from other organisations on our Services, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks and logos or of the trademarks, service marks or logos of those other organisations.
9. DELETING YOUR ACCOUNT
You can delete your account and terminate your use of the Services at any time by sending us an email stating your intention to do so, along with your name and username registered with us on our Websites. Once you send us an email for deletion of your account, we shall delete your account and you will no longer have access to your profile. We accept no liability for deletion of information or content from your profile. You acknowledge and accept that certain parts of Your Content may remain with NagaEd after the cancellation of your profile.
10. AGREEMENT TO RECEIVE MAILS AND NOTIFICATIONS
You by way of accepting these Terms consent to the receipt of communication from NagaEd by way of e-mails, newsletters and Short Message Service (SMS) notifications and WhatsApp. You expressly grant us permission to contact you in the above mentioned ways for updating you about our Services or for marketing or promotional purposes. You shall indemnify NagaEd for any liabilities including financial penalties, damages, reasonable expenses if the User’s mobile number is registered with Do not Call (DNC) Database. If You do not wish to receive communication from NagaEd by way of e-mails, newsletters and SMS notifications anymore, you can send an email to firstname.lastname@example.org
11. CONDUCT OF THE USERS
11.1 You hereby agree, undertake and covenant that, during the use of the Services, You shall not host, display, upload, modify, publish, transmit, update or share any information that:
11.1.1 belongs to another person and to which you do not have any right;
11.1.2 belongs to another person as your own information and to which you do not have any right of ownership and title;
11.1.3 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on basis of gender, libellous, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever under the laws of India;
11.1.4 is harmful to a child;
11.1.5 infringes any patent, trademark, copyright or other proprietary rights;
11.1.6 violates any law for the time being in force;
11.1.7 deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
11.1.8 impersonates another person;
11.1.9 threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
11.1.10 contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
11.1.11 is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and
11.1.12 provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone’s privacy, or providing or creating computer viruses;
11.1.13 tries to gain unauthorized access or exceeds the scope of authorized access to the Service;
11.1.14 engages in commercial activities without NagaEd’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc;
11.1.15 interferes with another Users use and enjoyment of the Services;
11.1.16 You may not decompile, reverse engineer, or disassemble the contents of the Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Services or remove any copyright, trademark registration, or other proprietary notices from the contents of the Services.
11.1.17 You will not (a) use the Services for commercial purposes of any kind, or (b) advertise or sell the Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Services in any way that is unlawful, or harms NagaEd or any of their Representatives.
13. PROPRIETARY RIGHTS
The Services are protected by copyright laws as well as other intellectual property laws as applicable. NagaEd and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms and no intellectual property rights are or will be deemed to be transferred or licensed or assigned to You except as contemplated herein.
16. FEEDBACK AND SURVEYS
Any feedback You provide with respect to the Services any surveys undertaken by us shall be deemed to be non-confidential. The Services shall be free to use such non-confidential information on an unrestricted basis. Further, by submitting your feedback and survey data, you represent and warrant that (i) your feedback and survey data does not contain confidential or proprietary information of you or of third parties; (ii) NagaEd is not under any obligation of confidentiality, express or implied, with respect to the feedback and survey data; and (iv) you are not entitled to any compensation or reimbursement of any kind from NagaEd for the feedback or survey data under any circumstances, unless specified.
NagaEd reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.
18.1 Termination of Your Account by us
18.1.1 NagaEd, in its sole discretion, may modify, suspend, or terminate access to, all or any portion of the Services at any time for any reason including termination for breach of any of these Terms.
18.1.2 None of the User Content shall remain accessible to the User on the Services upon termination. The information cannot be recovered by You, once the account is terminated.
18.1.3 The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.
18.2 Termination of Your Account by you
Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms of Service, (iii) any policy or practice of NagaEd in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate the Terms and your account with NagaEd. You may terminate these Terms and the use of our Services at any time (prospectively only) by notifying us via email with your name and user name registered on the Websites to email@example.com.
19. DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE SERVICES ARE PROVIDED BY NAGAED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. NAGAED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. NAGAED SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE SERVICES IS AT THE USER’S SOLE RISK. NAGAED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, NAGAED DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
20. LIMITATION OF LIABILITY
IN NO EVENT SHALL NAGAED, OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NAGAED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF NAGAED VIS-À-VIS ANY EMPLOYER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF FEES PAID BY THE USER TO NAGAED. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
21. SEVERABILITY AND WAIVER
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Nagaland, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Nagaland, India and the language used shall be English.
23. GRIEVANCE REDRESSAL
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Shiroi Lily Shaiza
Address: C C School, Mission Road, Kohima Nagaland 797001
Email ID: firstname.lastname@example.org