TERMS OF SERVICE FOR STUDENTS


INTRODUCTION

Welcome to http://edupeer.com (hereinafter referred to as the “Platform”), owned and operated by Kimyo Learning Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at C-204, Chaitanya Tower, 2nd Floor, Appasaheb Marathe Marg, Prabhadevi, Mumbai – 400025 (hereinafter referred to as “Kimyo”, "Us” or “We” or “Our" as the context may permit). The Platform is a platform for connecting Students (as defined below) seeking career guidance, mentorship, advise and counselling, with the Mentors (as defined below) in order for the Students to make a more informed choice as to their further education, including but not limited to the choice of academic courses, the educational institutes and lodging options.

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS PLATFORM.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Service(“the Terms”), at any time without any prior written notice to you. It is your sole responsibility to review these Terms periodically for updates or changes. Your continued use of the Platform following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Platform. If you do not agree with the Terms, please stop using the Platform immediately. You may use the Platform without creating your Account on the Platform, however, in such case you would not be able to use all the features available on the Platform.

1. DEFINITIONS

"Mentor" means a person, providing education related guidance, counselling and mentorship to Students through the Platform.
"Student" means a student seeking educational guidance, counselling and mentorship from Mentors, through the Platform.


2. MEMBERSHIP ELIGIBILITY

Use of the Platform for Students is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform. If a minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. We reserve the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to our notice or if it is discovered that such person is not eligible to use the Platform.


3. MEMBERSHIP

(a.) In order to avail Mentorship Services (as defined below) on the Platform, you will have to create an Account (“Account”). As part of the application, you will be required to provide an e-mail address and a password which is to be used for logging into the Account in the future. You shall not transfer or share your Account’s password with anyone, or create more than one Account. At the time of registration, you will be required to provide us with certain information including but not limited to your name, postal address, contact number, email address, sex, date of birth, financial information such as bank account or credit card or debit card or other payment details (“Personal Information”). All the information that you provide through the Platform, including registration information, payment information and transaction-related information, must be true and accurate. We will rely on the information you provide and will process your data in accordance with the terms of our Privacy Policy which you should review before submitting any Personal Information to us. You will be solely responsible and liable for any and all loss, damage, and additional costs that we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information as needed.

(b.) Your Account on the Platform is non-transferrable. The Mentorship Services (as defined below) on the Platform are available strictly to those who have created an Account on the Platform. Sharing your access to the Platform with non-members is prohibited and will attract immediate suspension of your Account.

(c.) We reserve the right to refuse your request for Account creation at our discretion, without assigning any reason.

(d.) We also reserve the right to suspend your Account at our discretion, without assigning any reason.


4. MENTORSHIP SERVICES

(a.) It is only upon completion of registration process and activation of the Account, shall you be eligible to avail guidance, counselling, mentorship and education related advice from the Mentors (“Mentorship Services”).

(b.) Subject to clause 4.3 below, in order to avail the Mentorship Services, you shall have to book a consultation session with the Mentors on the Platform, depending on the Mentor’s availability.

(c.) While booking the consultation session on Platform, you shall have to make payment to the Mentor using any of the payment methods available on the Platform. It is only after successful completion of the payment transactions shall you be confirmed about the mentorship session with the Mentor.

(d.) Before the commencement of mentoring session, you are required to share the pointers for discussion during the session. This will enable the Mentor to provide you with better advice, counselling and guidance depending on your requirement.

(e.) The Mentor may at any time cancel the mentorship session with you without providing any notice to you. In case the Mentor cancels the mentorship session, we shall arrange for an alternate mentorship session either with the same Mentor or with any other Mentor of your choice, depending on the Mentor’s availability. However, in case the Mentor of your choice is not available at your desired timeslot, you shall not be entitled to a refund.

(f.) In case you decide not to attend a mentorship session and cancel the session before 3 (three) working days before the commencement of the same, you shall be entitled for refund as decided by Kimyo.

(g.) In case you are not satisfied with the Mentorship Services provided by a Mentor, you shall write to us at admin@edupeer.com describing your experience. After reviewing your email, Kimyo may arrange for another mentorship session for you with another Mentor of your choice. In case you are still not satisfied with the Mentorship Services provided by the other Mentor, Kimyo may in its sole discretion, on a case to cases basis, refund you to amount paid by you for the particular mentoring session.

5. PAYMENT

(a.) While availing any of the payment method/s available on the Platform, Kimyo will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
(i.) Lack of authorization for any transaction(s), or
(ii.) Exceeding the pre-set limit mutually agreed by you and between bank/s, or
(iii.) Any payment issues arising out of the transaction, or
(iv.) Rejection of transaction for any other reason(s) whatsoever.

(b.) All payments made against the purchases on Platform by you shall be compulsorily in Indian Rupees. Kimyo will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Platform.

(c.) You acknowledge that Kimyo will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond control of Kimyo.

(d.) In order to facilitate payment through the Platform, Kimyo may use the services of a payment gateway. The terms and conditions of such payment gateways shall supersede these Terms, to the extent contrary.

6. USE OF THE PLATFORM

(a.) You agree, undertake and covenant that, during your use of the Platform, the information you provide to us does not:
(i.) belong to another person or entity and to which you do not have any right.
(ii.) mislead in any way.
(iii.) involve the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming.
(iv.) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity.

(v.) provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
(vi.) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform.
(vii.) interferes with another user’s use of the Platform.
(viii.) refers to any Platform or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
(ix. ) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
(x. ) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.
(b.) Your use of the Platform is solely and exclusively for your own use and you shall not use the contents and information available on the Platform for any commercial purpose..

(c.) You hereby covenant to Kimyo that while availing Mentorship Services and interacting with the Mentors during the video calls, you shall behave in a morally appropriate and ethical manner. In case you behave in a manner which is deemed as indecent or inappropriate by Kimyo, Kimyo reserves the right to temporarily or permanently suspend your Account and such decision of Kimyo shall be final and binding on you and you shall not be entitled to challenge Kimyo’s decision in this regard.

(d.) The Student shall, while interacting with the Mentors not record the conversations and shall not re-produce it in any form over any media.

7. CHANGES TO TERMS

We reserve the right to update, modify, add or remove the content of these Terms at any time. You are therefore advised to regularly check for any updates/amendments/modifications to these Terms. The changes to the Terms shall come into effect from the date of update, modification, addition or removal made. Continued use of our Platform and service after such change in Terms shall be construed as acceptance of such Terms, and you will be legally bound by the same.


8. NO LEGAL ADVICE

We reserve the right to update, modify, add or remove the content of these Terms at any time. You are therefore advised to regularly check for any updates/amendments/modifications to these Terms. The changes to the Terms shall come into effect from the date of update, modification, addition or removal made. Continued use of our Platform and service after such change in Terms shall be construed as acceptance of such Terms, and you will be legally bound by the same.


9. FEEDBACKS AND RATINGS

(a.) Upon completion of a mentorship session with a Mentor, Kimyo may allow you to post your feedback about the mentorship session and may also allow you to post your ratings for the Mentor as well as submit any suggestions, comments, questions or other information to Kimyo using the Platform (collectively referred to as "User Content").

(b.) You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Platform. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Kimyo does not endorse any User Content on the Platform and is not responsible or liable for any User Content. Kimyo reserves the right to disable access to the User Content on the Platform.

(c.) You hereby grant Kimyo a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (i) the User Content is accurate; (ii) use of the User Content you supply does not breach these Terms; and (iii) that such User Content is lawful.

(d.) You further represent and warrant that while posting any User Content on the Platform you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically or religious objectionable language. Further, you shall not post any content on the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986.

(e.) Additionally, you accept and acknowledge that the ratings of the Mentors on the Platform and the feedback relating to the mentoring session is independent of Kimyo and Kimyo does not promote, support or endorse any Mentor on the Platform and you are hereby advised to exercise your own diligence before selecting any Mentor for availing Mentorship Services in accordance with these Terms.

10. INTELLECTUAL PROPERTY

(a.) Kimyo solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the content on the Platform and is protected under Indian law.

(b.) You hereby acknowledge that the Platform and the contents on the Platform constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by Kimyo through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Kimyo. You thereby agree to protect the proprietary rights of Kimyo during and after the term of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for your own use and for no commercial purposes whatsoever.

(c.) Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of India.

11. LIMITED LIABILITY

(a.) You hereby acknowledge that we shall not be held liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. We are also not liable under any circumstances for damages arising out or related in any way to your inability to access, or your difficulty in accessing the Platform, any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of your data or content from the services on the Platform, your failure to keep your password or Account details secure and confidential.

(b.) Further, you acknowledge that the limited role of Kimyo is to facilitate Mentorship Services through the Platform and Kimyo does not exercises control over your conduct or interaction with the Mentors. To the maximum extent permitted under law, you shall not have any recourse against Kimyo in relation to the Mentorship Service.

(c.) Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of India.

12. DISCLAIMER OF WARRANTIES

THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY US ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

13. INDEMNIFICATION

You shall indemnify and hold harmless Kimyo, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

14. TERMINATION

The Account can be terminated at any time by:

(a.) 15.1. You, by ceasing to use the Platform.

(b.) 15.2. Us, in our sole discretion for any reason or no reason including your violation of these Terms. You acknowledge that the termination of services may be affected without any prior notice, and we may immediately deactivate or delete your Account and all related information and/or bar any further access to your Account or the services. Further, you agree that we shall not be liable for any discontinuation or termination of services by any third party.

15. OPT-OUT

We may send e-mails about new product announcements, promotional offers, etc. to the e-mail address that you provide at the time of registration. We respect your privacy so should you wish to opt-out of receiving such emails, you may do so by clicking on the designated link at the bottom of each mailer. We will take all adequate steps to take you off such mailing lists, and will limit the e-mails we send to those strictly relevant to your Account.

16. LINKS TO THIRD PARTY WEBSITES

You hereby by way of accepting these Terms consent to the receipt of communication from us by way of e-mails and newsletters.

17.AGREEMENT TO RECEIVE MAILS

You hereby by way of accepting these Terms consent to the receipt of communication from us by way of e-mails and newsletters.

18. PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to the Platform, to understand our practices. The Personal Information provided to us by you during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform.

20. GOVERNING LAW

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 Mumbai, 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 Mumbai, India.

21. GRIEVANCE REDRESSAL MECHANISM

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: Hitesh Sharma
Address:
Phone:
E-mail: contact@edupeer.com

22. CONTACT US

If you have any queries regarding these Terms or our services, feel free to get in touch with us at terms@edupeer.com.

TERMS OF SERVICE FOR MENTORS


INTRODUCTION

Welcome to http://edupeer.com (hereinafter referred to as the “Platform”), owned and operated by Kimyo Learning Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at C-204, Chaitanya Tower, 2nd Floor, Appasaheb Marathe Marg, Prabhadevi, Mumbai – 400025 (hereinafter referred to as “Kimyo”, "Us” or “We” or “Our" as the context may permit). The Platform is a platform for connecting Students (as defined below) seeking career guidance, mentorship, advise and counselling, with the Mentors (as defined below) in order for the Students to make a more informed choice as to their further education, including but not limited to the choice of academic courses, the educational institutes and lodging options.

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS PLATFORM.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Service(“the Terms”), at any time without any prior written notice to you. It is your sole responsibility to review these Terms periodically for updates or changes. Your continued use of the Platform following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Platform. If you do not agree with the Terms, please stop using the Platform immediately. You may use the Platform without creating your Account on the Platform, however, in such case you would not be able to use all the features available on the Platform.

1. DEFINITIONS

"Mentor" means a person, providing education related guidance, counselling and mentorship to Students through the Platform.

“Student” means a student seeking educational guidance, counselling and mentorship from Mentors, through the Platform or in person.

2. REGISTRATION

(a.) In order to provide mentorship services on the Platform, you will have to create an account on the Platform (“Account”).

(b.) At the time of registration, you will be required to provide us with certain information including but not limited to your name, postal address, contact number, email address, sex, date of birth, latest photograph, financial information such as bank account or credit card or debit card or other payment details, copies of your educational qualification certificates (“Personal Information”). All the information that you provide through the Platform, including registration information, payment information and transaction-related information, must be true and accurate. We will rely on the information you provide and will process your data in accordance with the terms of our Privacy Policy which you should review before submitting any Personal Information to us. You will be solely responsible and liable for any and all loss, damage, and additional costs that we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information as needed.

(c.) Kimyo shall have the right to use your photograph for displaying it on the Platform and for any other marketing or promotional purposes, as deemed appropriate by Kimyo in its sole discretion.

(d.)You shall not transfer or share your Account’s password with anyone, or create more than one Account.

(e.)We reserve the right to deny membership to any person at our discretion.

(f.)We also reserve the right to terminate any Mentor’s membership at our discretion, without assigning any reason.

3. MENTORSHIP SERVICES

(a.) It is only upon completion of registration process and activation of the Account, shall you be eligible to provide guidance, counselling, mentorship and education related advice to the Students (“Mentorship Services”).

(b.) At the time of registration, you shall provide to us, the rate of fees as you would like to charge to the Students, for providing Mentorship Services on an hourly basis. At any point of time should you want to increase or decrease such rate, you shall write to us at admin@edupeer.com. We shall update the revised rate of fees as communicated by you within 5 (Five) business days of receipt.

(c.) For providing the Mentorship Services, you shall be required to host a video call with the Student, who has selected you through the Platform. Kimyo does not guarantee or assure you that a Student would select you for availing your Mentorship Services and in no way should it be construed by you that Kimyo shall provide you a minimum financial commitment.

(d.) You shall keep yourself available at the time slot selected by the Student, for providing the Mentorship Services to the Student and in case you are unavailable at the selected timeslot for any reason whatsoever, you shall provide any other timeslot convenient to you, preferably within one week.

4. CONSIDERATION

(a.) In consideration of Mentorship Services provided by the Mentor on the Platform, Kimyo shall collect from Students such amount as stated in Clause 3.b above.

(b.) Upon receipt of the amounts as mentioned in Clause 4.1 above, Kimyo shall deduct 45% (Forty Five percent) of such amount and pay the balance 55% (Fifty Five percent) by crediting the same into the designated bank account of the Mentor (as provided at the time of registration).

(c.)Kimyo shall make payments to the Mentors on fortnightly basis.

(d.) Kimyo shall have no responsibility towards your tax liability arising out of receipt of income under these Terms and you shall be solely responsible for making all such tax related payments.

5. ARTICLES, BLOGS, VIDEO CLIPS, IMAGES, AND PODCASTS

(a.) As part of your membership with us, you would be required to provide us with certain articles, blogs, video clips, images, and podcasts on such topics as may be required by us (“Media”).

(b.) Kimyo shall have a perpetual, non-revocable and worldwide right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Media and create derivate works of the Media in any manner as deemed appropriate by Kimyo in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by the Kimyo (whether present or future).

(c.) You represent to the Kimyo that (a) you are the sole owner of copyright in the Media, and (b) such Media are free from third party claim and do not infringe upon or violate any third party's rights including, but not limited to intellectual property rights.

(d.) You agree that you shall indemnify Kimyo against any and all claims raised by such third party with respect to the Media licensed by you to Kimyo.

6. NO LEGAL ADVICE

You hereby covenant to Kimyo that while providing Mentorship Services and interacting with the Students during the video calls, you shall behave in a morally appropriate and ethical manner. In case you behave in a manner which is deemed as indecent or inappropriate by Kimyo, Kimyo reserves the right to temporarily or permanently suspend your Account and such decision of Kimyo shall be final and binding on you and you shall not be entitled to challenge Kimyo’s decision in this regard.

7. YOUR CONDUCT

While providing Mentorship Services, the Mentor shall not provide any advice regarding obtaining or maintaining immigration status in the United States of America or employment authorization under the law, or any other counselling services that could reasonably be construed by a Student to be a legal advice.

In case the Mentor requires any permission, license, approval or registration, to undertake the Mentorship Services, the Mentor shall procure the same from the appropriate authorities and shall keep such permission, license, approval or registration valid and effective, as long as the Mentor continues to provide the Mentorship Service. It is Mentor’s absolute responsibility to check the nature of his/her visa status and other regulatory issues to undertake the Mentorship Services. Kimyo shall not be responsible for any violation of law by Mentor while providing the Mentorship Services or using the Platform.

8. LIMITED LIABILITY

(a.) You hereby acknowledge that we shall not be held liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. We are also not liable under any circumstances for damages arising out or related in any way to your inability to access, or your difficulty in accessing the Platform, any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of your data or content from the services on the Platform, your failure to keep your password or Account details secure and confidential.

(b.) Further, you acknowledge that the limited role of Kimyo is to facilitate Mentorship Services through the Platform and Kimyo does not exercises control over your conduct or interaction with the Students. To the maximum extent permitted under law, you shall not have any recourse against Kimyo in relation to the Mentorship Services.

9. DISCLAIMER OF WARRANTIES

THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY US ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

10. CONFIDENTIALITY

(a.) While providing the Mentorship Services on the Platform specifically and using the Platform in general, the Mentor shall maintain confidentiality of any information shared by the Students with the Mentor and/or any information that the Mentor may have access to while providing the Mentorship Services.

(b.) Further, while providing the Mentorship Services, the Mentor shall not breach the confidentiality obligations that it may have towards any third party.

(c.) The Mentor shall, while interacting with the Students not record the conversations and shall not re-produce it in any form over any media.

11. INDEMNIFICATION

You shall indemnify and hold harmless Kimyo, its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

12. NON-CIRCUMVENTION

(a.)The Mentor hereby covenants to Kimyo, that it shall provide the Mentorship Services only through the Platform and shall not interact with the Students a) either directly to the Student, circumventing Kimyo; or b) through any other medium or platform other than the ones affiliated with the Platform.

(b.)In case the Mentor breaches the covenant set forth in Clause 13.1 above, it shall be considered to be a breach of these Terms and Kimyo shall be entitled to immediately terminate the Mentor’s Account and suspend his/her access to the Platform without any further liability.

13. CHANGES TO TERMS

We reserve the right to update, modify, add or remove the content of these Terms at any time. You are therefore advised to regularly check for any updates/amendments/modifications to these Terms. The changes to the Terms shall come into effect from the date of update, modification, addition or removal made. Continued use of our Platform and service after such change in Terms shall be construed as acceptance of such Terms, and you will be legally bound by the same.

14. INTELLECTUAL PROPERTY

(a.) Kimyo solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the content on the Platform and is protected under law.

(b.) You hereby acknowledge that the Platform and the contents on the Platform constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by Kimyo through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Kimyo. You thereby agree to protect the proprietary rights of Kimyo during and after the term of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for your own use and for no commercial purposes whatsoever.

(c.) Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of India.

15. TERMINATION

The Account can be terminated at any time by:

(a.) You, by ceasing to use the Platform.

(b.) Us, in our sole discretion for any reason or no reason including your violation of these Terms. You acknowledge that the termination of services may be affected without any prior notice, and we may immediately deactivate or delete your Account and all related information and/or bar any further access to your Account or the services. Further, you agree that we shall not be liable for any discontinuation or termination of services by any third party.

(c. ) Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of India.

16. OPT-OUT

We may send e-mails about new product announcements, promotional offers, etc. to the e-mail address that you provide at the time of registration. We respect your privacy so should you wish to opt-out of receiving such emails, you may do so by clicking on the designated link at the bottom of each mailer. We will take all adequate steps to take you off such mailing lists, and will limit the e-mails we send to those strictly relevant to your Account.

17. LINKS TO THIRD PARTY PLATFORMS

The Platform may contain links and interactive functionality interacting with the websites of third parties. We are not responsible for and have no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

18. AGREEMENT TO RECEIVE MAILS

You hereby by way of accepting these Terms consent to the receipt of communication from us by way of e-mails and newsletters.

19. PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to the Platform, to understand our practices. The Personal Information provided to us by you during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform.

20. GOVERNING LAW

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 Mumbai, 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 Mumbai, India.

21. GRIEVANCE REDRESSAL MECHANISM

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: Hitesh Sharma
Address:
Phone:
E-mail: contact@edupeer.com

22. CONTACT US

If you have any queries regarding these Terms or our services, feel free to get in touch with us at terms@edupeer.com

Effective Date: April 10th, 2018

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