User Terms and Conditions

INSTACLASSES TECH PVT. LTD., operating as INSTACLASSES ("INSTACLASSES", "our", "us" or "we") provides an online and downloadable mobile application based platform known as INSTACLASSES that connects Teachers with individuals seeking Teaching services (each a “User”) and other services related thereto (collectively, the "Services") through our website accessible at www.instaclasses.com (the "Site”) and downloadable mobile application (“the App”). The Services include the ability for Users and Teachers (each as defined below) to interact via the INSTACLASSES Site and App or other methods as may be made available by INSTACLASSES from time to time. These User Terms of Service govern your access to and use of the Site, the App, the Services and the Collective Content (as hereinafter defined).

DEFINITIONS

  • Account means the user profile you create by registering as a User on the Site or the App in accordance with these User Terms of Service.
  • Content means all text, graphics, images, software, audio, video, information or other files or materials.
  • Collective Content means the INSTACLASSES Content and the User Content.
  • Monthly Credit means the amount available to be credited towards Teacher Fees in a given month as reflected in your Account or as the amount may be agreed upon before any payable Service is rendered.
  • INSTACLASSES Content means Content that INSTACLASSES makes available through the Site, the App or the Services, including any Content licensed from a third party, but excludes any User Content.
  • Teacher means a Teaching or educational services provider accessible to Users via the Services.
  • Teacher Fee means the amount deducted from a User’s Monthly Credit on a proportionate basis in accordance with the length of a Teacher Session or the Fee that may be payable to a Teacher in accordance with the Services rendered.
  • Teacher Services mean any Teaching or educational services that a Teacher may provide to a User that is related to a User's Account or the Services.
  • Teacher Session means the period of time during which Teacher Services are provided by a Teacher to a User calculated on a per minute basis or as the case may be.
  • User means you, a person who seeks and/or schedules Teacher Services for or on behalf of a student or yourself and includes a parent or guardian of a student if such student is a minor.
  • User Content means Content that a Teacher or a User posts, uploads, publishes, submits or transmits to be made available through the Site or Services in connection with the Teacher Services or otherwise, including, without limitation, questions and related answers posted by Users and Teachers via the Services.

DISCLAIMER

As a User, your use of the Services is governed by the terms and conditions set forth herein together with INSTACLASSES’ applicable policies. THE SITE, THE APP AND SERVICES COMPRISE AN ONLINE MARKETPLACE WHICH FACILITATES THE CONNECTION BETWEEN USERS AND TEACHERS FEATURED ON THE SITE, THE APP AND VIA THE SERVICES. INSTACLASSES CHARGES A FEE BASED ON A PERCENTAGE OF THE FEES EARNED BY A TEACHER WHEN HE OR SHE PROVIDES TEACHER SERVICES TO A USER(S). YOU UNDERSTAND AND AGREE THAT INSTACLASSES IS NEITHER A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN A USER AND A TEACHER NOR DOES INSTACLASSES HAVE ANY CONTROL OVER THE TEACHER SERVICES OR THE CONDUCT OF TEACHERS AND OTHER USERS OF THE SITE, THE APP AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, TEACHERS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF TEACHER SERVICES PROVIDED BY TEACHERS ARE DONE AT THE PARTIES' SOLE RISK.

ELGIBILITY

The Services made available through the Site or the App are available only to, and may only be used by, individuals who are 18 years and older or who can form legally binding contracts under applicable law. INSTACLASSES may, in its sole discretion, refuse to offer access to or use of the Site or the App to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site or the App is revoked in such jurisdictions. Users under the age of 18 must at all times use the Services only in conjunction with and under the supervision of a teacher, parent or legal guardian who is at least 18 years of age. In all such cases, such teacher, parent or guardian is the User, and is responsible for any and all INSTACLASSES Account activities.

USER SUBMISSION

Anything you post, upload, share, store, or otherwise provide through the Services is your "User Submission". Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to utilize them (where applicable), you grant us rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information. For all User Submissions, you hereby grant INSTACLASSES TECH PVT. LTD. a license to translate, modify (for technical purposes, for example making sure your content is viewable on your Device as well as your computer) and reproduce such User Submission, in each case to enable us to operate the Services, as described in more detail below.

ACCOUNT REGISTRATION AND USAGE

  • You can register to join the Service as a User by logging into your Account using certain third party social networking sites (“SNS”) (including, but not limited to Facebook) via our Site. When you register by logging into an SNS via our Site, we will obtain the Personal Information you have provided to that SNS (including, but not limited to your “real” name, profile picture, email address, list of SNS friends and any other information that you make available via the applicable SNS) from the account you have with such SNS and use that information to create your account and you will become a User; the information we obtain may depend on the information you provide to the applicable SNS and/or the privacy settings you have set or applied with the applicable SNS. You may also register and create an account directly on our Site or App.
  • When you register with INSTACLASSES and set up your Account, you:
    • agree to provide INSTACLASSES with accurate and complete information
    • agree to promptly update your Account information with any new information that may affect the operation of your Account; and
    • authorize INSTACLASSES, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
  • You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to any third party and that you are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of your Account, whether or not you have authorized such activities or actions. You will immediately notify INSTACLASSES of any unauthorized use of your username, password or Account.
  • You agree that you will not permit, enable, introduce or facilitate persons who do not have an Account to have access to the features of the Site and Services only made available to registered Users.

PAYMENT FOR TEACHER SERVICES

For each of the Teacher Services you avail, you will pay the Teacher, via our payment gateway, a fixed fee depending on the Services rendered and this fee shall be fixed on a case to case basis and will be communicated explicitly, in writing, to the User prior to commencement of the Teacher Services

PRIVACY OF PERSONAL INFORMATION

Personal Information and Children's Personal Information about our Users is an integral part of our business. We neither rent nor sell your Personal Information or Children's Personal Information.

NO ENDORSEMENT

INSTACLASSES does not endorse any Teacher and you are responsible for determining and confirming the identity and suitability of the Teachers with whom you interact as a result of your use, or use by any third party, of the Site, the App and Services. INSTACLASSES is not your agent or the agent of any Teacher and will not be responsible for any damages or harm which results from your interactions, or those of anyone else, with Teachers or other Users. By using the Site, the App or Services, you, and any third party that may use the Site, the App and Services under your Account, agree as follows: (i) any legal remedy or liability that you or such third party seek to obtain for the actions or omissions of a Teacher, User or other third party will be limited to a claim against such Teacher, User or third party who caused you, or such third party, harm; and (ii) you will not attempt to impose liability on, or seek any legal remedy from INSTACLASSES with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site, the App and Services.

OWNERSHIP

The Site, the App, Services and Collective Content are protected by copyright, trademark, and other laws of India and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of INSTACLASSES and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, the App, Services or Collective Content.

INSTACLASSES LICENSES

Subject to your compliance with the terms and conditions of these User Terms of Service, INSTACLASSES grants you a limited, non-exclusive, non-transferable license:

  • to view, download and print any INSTACLASSES Content solely for your personal and non-commercial purposes; and
  • to access, modify, edit and download any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, the App, Services or Collective Content, except as expressly permitted in these User Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by INSTACLASSES or its licensors, except for the licenses and rights expressly granted in these User Terms of Service.

LICENSE GRANTED BY USER

By making any User Content available on or through the Site, the App or Services, you hereby grant the following license to INSTACLASSES, which INSTACLASSES may exercise solely in connection with the Services, including its promotion of the Services, directly or directly: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to other users of the Services (including Users), to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content. INSTACLASSES does not claim any ownership rights in any User Content and nothing in these User Terms of Service will be deemed to restrict any rights that you may have to use and exploit any User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that:

  • you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to INSTACLASSES and to the rights in such User Content, as contemplated under these User Terms of Service; and
  • neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or INSTACLASSES's use of the User Content (or any portion thereof) on, through or by means of the Site, the App or Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

THIRD PARTY LINKS

This website and the App may contain links or references to websites, products or services owned, operated or offered by third parties other than INSTACLASS or its affiliates (“Third Party Sites”), including, but not limited to certain of its suppliers, all of which are provided for your reference only. INSTACLASS does not control the Third Party Sites, is not responsible for the content or conformity with applicable laws of Third Party Sites and expressly disclaims all responsibility and liability in relation to the information contained in Third Party Sites. The inclusion of links to Third Party Sites on the Site or the App does not imply any endorsement or approval by INSTACLASS of the content or materials on Third Party Sites or the products or services that may be offered on Third Party Sites nor does such inclusion, unless expressly disclosed otherwise, imply: (i) any sponsorship, affiliation, partnership or association of INSTACLASS with the owner or operator of Third Party Site; or (ii) any authorization of INSTACLASS to use any copyright, trademark, logo, trade name or other legally protected material that may appear in the Third Party Sites.

FEEDBACK

If you decide to provide feedback, comments and suggestions for improvements to the Site, the App or Services ("Feedback"), you may do so by emailing us at admin@instaclasses.com You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

MODIFICATION

INSTACLASSES reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, the App or Services or to modify these User Terms of Service, at any time and without prior notice. In case of modifications a notice would be given to the services that can be adversely affected by the modification or the same will be posted on the site or the App. By continuing to access or use the Site, the App or Services after we have posted a modification on the Site or the App or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified User Terms of Service. If the modified User Terms of Service are not acceptable to you, your only recourse is to cease using the Site, the App and Services.

TERMINATION AND ACCOUNT CANCELLATION

If you breach any of these User Terms of Service, INSTACLASSES will have the right to suspend or disable your Account or terminate these User Terms of Service, at its sole discretion and without prior notice to you. INSTACLASSES reserves the right to revoke your access to and use of the Site, the App, Services and Collective Content at any time, with or without cause. In the event INSTACLASSES terminates these User Terms of Service for your breach you will remain liable for all amounts due here under.

INDEMNIFICATION

You agree to defend, indemnify, and hold INSTACLASSES, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of these User Terms of Service, your access to or use of the Site, the App, Services or Collective Content, your receipt of any Teacher Services, and any claim made by a third party as a result of your use of the Site or the App or Services or your provision of any Teacher Services, including any claim alleging your infringement upon the copyrights, trademarks, trade secrets, patents or other intellectual property rights of such third party or in respect of your liability for Taxes, as outlined above under “Taxes”.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE APP, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER INSTACLASSES NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, THE APP, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, THE APP, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH TEACHERS, USERS OR OTHER USERS OF THE SITE OR THE APP OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE APP OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INSTACLASSES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL INSTACLASSES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, THE APP SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNT OF ALL AMOUNTS YOU HAVE PAID IN CONNECTION WITH YOUR RECEIPT OF TEACHER SERVICES VIA THE SITE OR THE APP.

GOVERNING LAW

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at panipat. The place of jurisdiction shall be exclusively in Haryana.

DISPUTE RESOLUTION

Any dispute, claim or controversy between you and INSTACLASSES, or otherwise arising out of or relating to these terms and conditions of use will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. Any such arbitration will be governed by the Arbitration and Conciliation Act, 1996. The place of such arbitration shall be panipat and the language of the arbitration will be English.

TEACHERS’ TERMS of SERVICE

INSTACLASSES TECH PVT. LTD, operating as INSTACLASSES ("INSTACLASSES", "our", "us" or "we") provides an online and downloadable mobile application based platform known as INSTACLASSES that connects TEACHERS with individuals seeking Teaching services (each a “User”) and other services related thereto (collectively, the "Services") through our website accessible at www.instaclasses.com (the "Site”) and downloadable mobile application (“the App”). The Services include the ability for Users and Teachers (each as defined below) to interact via the INSTACLASSES Site and App or other methods as may be made available by INSTACLASSES from time to time. These Teacher Terms of Service govern your access to and use of the Site and App, the Services and the Collective Content (as hereinafter defined) and constitute a binding legal agreement between you and INSTACLASSES.

DEFINITIONS

  • Account means the user profile you create by registering as a User on the Site and App in accordance with these Teacher’s Terms of Service.
  • Content means all text, graphics, images, software, audio, video, information or other files or materials.
  • Collective Content means the INSTACLASSES Content and the User Content.
  • INSTACLASSES Content means Content that INSTACLASSES makes available through the Site and App or the Services, including any Content licensed from a third party, but excludes any User Content.
  • Teacher means teaching or educational services provider accessible to Users via the Services.
  • Teacher Fee means the amount deducted from a User’s Monthly Credit on a proportionate basis in accordance with the length of a Teacher’s Session or as the amount may be agreed upon before any payable Service is rendered.
  • Teacher Services mean any teaching or educational services that a Teacher may provide to a User that is related to a User's Account or the Services.
  • Teacher Session means the period of time during which Teacher Services are provided by a Teacher to a User calculated on a per minute basis or as the case may be.
  • User means you, a person who seeks and/or schedules Teacher Services for or on behalf of a student or yourself and includes a parent or guardian of a student if such a student is a minor.
  • User Content means Content that a Teacher or a User posts, uploads, publishes, submits or transmits to be made available through the Site or Services in connection with the Teacher Services or otherwise, including, without limitation, questions and related answers posted by Users and Teachers via the Services.

DISCLAIMER

As a Teacher, your use of the Services is governed by the terms and conditions set forth herein together with INSTACLASSES’ applicable policies. THE SITE, THE APP AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS AND TEACHERS FEATURED ON THE SITE, THE APP AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT INSTACLASSES IS NEITHER A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN A USER AND A TEACHER NOR DOES INSTACLASSES HAVE ANY CONTROL OVER THE TEACHER SERVICES OR THE CONDUCT OF USERS, TEACHERS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, TEACHERS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF TEACHER SERVICES PROVIDED BY TEACHERS ARE DONE AT THE PARTIES' SOLE RISK.

ACCEPTANCE OF TERMS

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, THE APP OR SERVICES, OR YOUR INSTACLASSES ACCOUNT, OR BY POSTING ANY CONTENT ON THE SITE AND THE APP OR THROUGH THE SERVICES IN CONNECTION WITH YOUR TEACHER SERVICES OR OTHERWISE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TEACHER TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE OR THE APP. IF YOU DO NOT AGREE TO THESE TEACHER TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, THE APP, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these Teacher Terms of Service on behalf of a corporation or other legal entity, you represent and warrant that you have the authority to bind that corporation or other legal entity to these Teacher Terms of Service and, in such event, "you" and "your" will refer and apply to that corporation or other legal entity.

RELATIONSHIP OF PARTIES

You acknowledge and agree that the relationship between you and INSTACLASSES is solely that of an independent contractor and nothing in these TEACHER Terms of Service may be construed as establishing an employment or agency relationship between you and INSTACLASSES. You have no authority to bind INSTACLASSES by contract or otherwise. You acknowledge and agree that you are not and will not be entitled to any benefits paid or made available by INSTACLASSES to its employees, including, without limitation, any vacation, sick leave or similar pay or benefit, or to participate in any plans, arrangements or distributions made by INSTACLASSES pertaining to any bonus, stock option, profit sharing, insurance or similar benefits, whether available to employees of INSTACLASSES or otherwise.

TEACHER ELIGIBILITY

In order to register as a Teacher, provide Teacher Services, and to be eligible to receive payment for the Teacher Services you provide, you must register and create an Account and be 18 or older. By creating an Account and registering as a Teacher, you represent and warrant to us that you are 18 or older.

ACCOUNT REGISTRATION AND USAGE

  • You can register to join the Service as a Teacher by logging into your Account using our Site or App.
  • When you register with INSTACLASSES and set up your Account, you:
    • agree to provide INSTACLASSES with accurate and complete information
    • agree to promptly update your Account information with any new information that may affect the operation of your Account; and
    • authorize INSTACLASSES, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site, the App and Services. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
  • You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to any third party and that you are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of your Account, whether or not you have authorized such activities or actions. You will immediately notify INSTACLASSES of any unauthorized use of your username, password or Account.
  • You agree that you will not permit, enable, introduce or facilitate:
    • persons who do not have an Account to have access to the features of the Site, the App and Services only made available to registered Teachers; and
    • other persons to participate in providing Teacher Services from your Account.

REPRESENTATIONS AND WARRANTIES

If you register via the Site, the App and Services as a Teacher, you represent and warrant to INSTACLASSES that you:

  • have the requisite knowledge and qualification in the subject(s) you select via the Services to provide Teacher Services in such subjects to Users
  • will utilize User-paid Teacher Services time solely to provide Teacher Services only
  • are or were a student at the academic institution(s) you listed as your school at the time of registration of your Account to use the Site, the App and Services; and
  • will not provide Teacher Services to persons under the age of 18. You understand and agree that Users will contact you via the Site, the App and Services and request that you provide Teacher Services, but that you have no obligation to provide any Teacher Services, and any Teacher Services you may choose to provide are in your sole discretion.

INTERACTIONS WITH USERS AND PROVISION OF TEACHER SERVICES

As a Teacher you acknowledge and agree to the following:

  • INSTACLASSES acts as a technology service that facilitates the provision of Teacher Services by Teachers to Users. INSTACLASSES does not make editorial or managerial decisions concerning, or otherwise exercise control or supervision over, a Teacher's Teacher Services, and INSTACLASSES will not be held responsible for any Teacher's failure to comply with applicable laws or regulations. Without limiting the terms of the “Limitation of Liability” section below, INSTACLASSES is not responsible for the use or exchange of any information, files or goods between Teachers and Users. Further, INSTACLASSES does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said, written or communicated by the Teachers or Users, including, without limitation, the Teacher Services provided or other information made available through the Site, the App and Services.
  • You are solely responsible for your interactions with Users. You understand that INSTACLASSES does not in any way screen Users. Your use of the Site, the App and the Services and your provision of Teacher Services is at your own risk and discretion and you therefore agree to take reasonable precautions in all interactions with Users and that you are solely responsible for, and agree to exercise caution, discretion, common sense and judgment in, using the Site or providing Teacher Services and disclosing information, including any personal information to Users, the provision of which is not required by the Site, the App or the Services.
  • INSTACLASSES reserves the right to contact Teachers and Users, in compliance with applicable law, in order to evaluate compliance with INSTACLASSES’ rules and policies and these Teacher Terms of Service. If you believe that a User or another Teacher has violated the law or is defrauding, threatening or otherwise endangering anyone, INSTACLASSES urges you to immediately contact the police directly for assistance.
  • You will comply with all applicable local, provincial, state, central and foreign laws, treatises and regulations in connection with your provision of Teacher Services.
  • You are solely responsible for the content of the communications, assistance and direction that you provide as part of the Teacher Services.
  • You are solely responsible for all equipment necessary to access and use the Site, the App and Services and to provide TEACHER Services.
  • You will not record or otherwise store any TEACHER Services session that you provide through the Site, the App or Services.
  • You will not use the Site, the App or Services or provide Teacher Services in any manner that harasses a User or another Teacher or could otherwise interfere with any other party's use or enjoyment of the Site, the App, Services or Teacher Services provided by any other Teacher. You will respect the privacy of other Users and will not use the Site, the App, Services or Teacher Services for unwelcome, rude or abusive communications or in any other disrespectful or detrimental manner, as determined by INSTACLASSES in its sole discretion.
  • You will neither use the Site, the App nor the Services to invite a User to meet in person nor may you provide Teacher Services to a User outside of the Site or Services.

PAYMENTS

For each of the Teacher Services, INSTACLASSES will pay you a commission fee depending on the Services rendered and this fee shall be fixed on a case to case basis and will be communicated explicitly, in writing, to the Teacher prior to commencement of the Teacher Services.

TAXES

You acknowledge and agree that you are solely responsible for determining your own tax reporting requirements and any liability for taxes on income received or any other similar taxes, which relate to your receipt of any compensation (including Teacher Payments) from INSTACLASSES ("Taxes"), and that you will report to all government agencies having jurisdiction over all income received by you for Services performed in connection with these Teacher Terms of Service (including TEACHER Services), the Services, or the Site and the App. We cannot and do not offer tax advice to any Teachers. Furthermore, you agree to indemnify and save INSTACLASSES harmless from and against any and all claims, charges, penalties or demands relating to the payment of Taxes, which may be made against you by any government agency having jurisdiction (including, without limitation, the Indian Tax Department) requiring the payment of Taxes in respect of income received by you and in respect of any and all claims, charges, penalties or demands, which may be made on behalf of or related to any employment insurance or public pension or social security programs pursuant to applicable law, with respect to any amount which may, in the future, be found to be payable by you or on your behalf.

NO ENDORSEMENT

INSTACLASSES does not endorse any User and you are responsible for determining and confirming the identity and suitability of the Users with whom you interact as a result of your use, or use by any third party, of the Site and Services. INSTACLASSES is not your agent or the agent of any User and will not be responsible for any damages or harm which results from your interactions, or those of anyone else, with Teachers or Users. By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree as follows: (i) any legal remedy or liability that you or such third party seek to obtain for the actions or omissions of a Teacher, User or other third party will be limited to a claim against such Teacher, User or third party who caused you, or such third party, harm; and (ii) you will not attempt to impose liability on, or seek any legal remedy from INSTACLASSES with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site, the App and Services.

OWNERSHIP

The Site, the App, Services and Collective Content are protected by copyright, trademark, and other laws of India. You acknowledge and agree that the Site, the App, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of INSTACLASSES and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.

INSTACLASSES LICENSES

Subject to your compliance with the terms and conditions of these Teacher Terms of Service, INSTACLASSES grants you a limited, non-exclusive, non-transferable license:

  • to view, download and print any INSTACLASSES Content solely for your personal and non-commercial purposes; and
  • to access, modify, edit and download any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, the App, Services or Collective Content, except as expressly permitted in these Teacher Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by INSTACLASSES or its licensors, except for the licenses and rights expressly granted in these Teacher terms of Service.

LICENSE GRANTED BY TEACHER

We may, in our sole discretion, permit users of the Services to post, upload, publish, submit or transmit User Content. By making any User Content available on or through the Site, the App or Services, you hereby grant the following license to INSTACLASSES, which INSTACLASSES may exercise solely in connection with the Services, including its promotion of the Services, directly or directly: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to other users of the Services (including Users), to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content. INSTACLASSES does not claim any ownership rights in any User Content and nothing in these Teacher Terms of Service will be deemed to restrict any rights that you may have to use and exploit any User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site, the App or Services. Accordingly, you represent and warrant that:

  • you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to INSTACLASSES and to the rights in such User Content, as contemplated under these Teacher Terms of Service; and
  • neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or INSTACLASSES' use of the User Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

THIRD PARTY SERVICES

You understand and agree that provision of Teacher Services may require use of a third party website or service (each a "Third Party Service"). Your use of any Third Party Service is voluntary. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software you may decide to use to provide the TEACHER Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third Party Service. INSTACLASSES will not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such Third Party Service.

FEEDBACK

If you decide to provide feedback, comments and suggestions for improvements to the Site, the App or Services ("Feedback"), you may do so by emailing us at admin@instaclasses.com You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

MODIFICATION

INSTACLASSES reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, the App or Services or to modify these Teacher Terms of Service, at any time and without prior notice. If we modify these Teacher Terms of Service we will post the modification on the Site and/or the App or provide you with notice of the modification. By continuing to access or use the Site, the App or Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Teacher Terms of Service. If the modified Teacher Terms of Service are not acceptable to you, your only recourse is to cease using the Site, the App and Services.

TERMINATION AND ACCOUNT CANCELLATION

If you breach any of these Teacher Terms of Service, INSTACLASSES will have the right to suspend or disable your Account or terminate these Teacher Terms of Service, at its sole discretion and without prior notice to you. INSTACLASSES reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event INSTACLASSES terminates these Teacher Terms of Service for your breach:

  • you will remain liable for all amounts due hereunder; and
  • INSTACLASSES will only remain liable for all validly outstanding, undisputed Teacher Payments owing to you as of the effective date of termination

INDEMNITY

You agree to defend, indemnify, and hold INSTACLASSES, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Teacher Terms of Service, your access to or use of the Site, the App, Services or Collective Content, your provision of any Teacher Services, and any claim made by a third party as a result of your use of the Site, the App or Services or your provision of any TEACHER Services, including any claim alleging your infringement upon the copyrights, trademarks, trade secrets, patents or other intellectual property rights of such third party or in respect of your liability for Taxes, as outlined above under “Taxes”.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE APP, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER INSTACLASSES NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, THE APP, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TEACHER TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, THE APP, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH TEACHERS, USERS OR OTHER USERS OF THE SITE OR THE APP OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR THE APP OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INSTACLASSES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL INSTACLASSES'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TEACHER TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, THE APP, SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNT OF ALL TEACHER PAYMENTS INSTACLASSES HAS PAID TO YOU IN CONNECTION WITH YOUR PROVISION OF TEACHER SERVICES VIA THE SITE, THE APP AND SERVICES DURING THE IMMEDIATELY PRECEDING 12-MONTH PERIOD OR INR (WHICHEVER IS LESS). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INSTACLASSES AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GOVERNING LAW

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at panipat. The place of jurisdiction shall be exclusively in Haryana.

DISPUTE RESOLUTION

Any dispute, claim or controversy between you and INSTACLASSES, or otherwise arising out of or relating to these terms and conditions of use will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. Any such arbitration will be governed by the Arbitration and Conciliation Act, 1996. The place of such arbitration shall be panipat and the language of the arbitration will be English.