Terms of Use
Terms of Use
By signing up for a Edsanta Account (as defined in Section 1) or by using any service(s)
which is provided by Edsanta Education Private Limited (“Service”), you are agreeing to be
bound by the following terms and conditions (the “Terms of Use”).
As used in these Terms of Service, “we”, “us”, “our” and “Edsanta”, means Edsanta
Education Private Limited.
The services offered by Edsanta under the Terms of Service include various products and
services that are designed, customised and cater to higher education and courses that would
be relevant to various industries, including diploma and certification programs online
(“Programs”).
The website and the mobile app of Edsanta are collectively or singularly, as the context may
deem fit, be referred to as “Platform”.
You can review the current version of the Terms of Service at any time at www.edsanta.com.
Edsanta reserves the right to update and change the Terms of Service by posting updates and
changes to the Edsanta website. You are advised to check the Terms of Service from time to
time for any updates or changes that may impact you, and if you do not accept such
amendments, you must cease using the Services.
You must read, agree with and accept all of the terms and conditions contained or expressly
referenced in these Terms of Service, including Edsanta’s Privacy Policy and Cookie Policy
before you may sign up for an Account (defined in section 1.1) or use any Service.
1. Account Terms
1.1. To access and use the services, you must register for an account with Edsanta (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. You agree and represent that such information is accurate, legal tenable, current and complete.
1.2. Edsanta has the right to reject your application for an Account, or cancel an existing Account, in its sole discretion and will not be obligated to provide/ assign any reason for doing so.
1.3. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
1.4. Without any limitation, you shall not engage in any of the following activities
while using the Platform:
a) You will not post or transmit, or cause to be posted or transmitted, any
communication or solicitation or other "phishing", "pharming" or "whaling"
message designed or intended to obtain password, account, personal
information, confidential information or private information from any user of
the Platform or any other third party whatsoever.
b) You shall not engage in any activity which is prohibited under the applicable
laws.
c) You shall not engage in any activities that would be detrimental to the interest
of the other users of the Platform or in any way adversely hamper the
reputation of Edsanta.
1.5. You acknowledge that Edsanta will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
1.6. You are responsible for keeping your password secure. Edsanta cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
1.7. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
1.8. A breach or violation of any term in the Terms of Service or the applicable policies, as determined in the sole discretion of Edsanta may result in an immediate termination of your Services.
1.9. Please review our Terms of Use, Privacy Policy and other policies available on the Platform (collectively referred to as the “Terms”) that govern the use of the Platform and Programs. Each Program may have a separate set of terms dealing with refunds, deferrals, payments, etc. governing such Programs, and our corporate clients may have executed separate written agreements with us, which, in the event of a conflict, will supersede these Terms to the extent of the conflicting provisions.
1.10. These Terms shall apply to Edsanta hosted mobile apps, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forums hosted by Edsanta, which shall be deemed to be part of the ‘Platform’ by reference. You acknowledge that certain parts of the Platform, as mentioned above, are provided by third-party service providers, and you agree to abide by their terms and conditions. Edsanta shall not be responsible for any disruption of services caused by such third-party service providers.
1.11. Please note that the use of the Platform and Programs constitutes an unconditional agreement to follow and be bound by the Terms.
1.12. We may change these Terms from time to time without prior notice. You should review this page regularly. Your continued use of the Platform and Programs after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Platform or Programs if you are not happy with any changes to these Terms.
1.13. Edsanta makes no representations that the Platform operates (or is legally permitted to operate) in all geographic areas, or that the Platform, or information, services or products offered through the Platform are appropriate or available for use in other locations. Accessing the Platform from territories where the Platform, or any content or functionality of the Platform or its portions thereof is illegal, is expressly prohibited. If you choose to access the Platform, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
1.14. Edsanta may offer a credential or other acknowledgement for participants who have satisfactorily demonstrated mastery of the Program material. The decision to award any such credential acknowledgement to a given participant will be solely at the discretion of Edsanta. Edsanta may choose not to offer any credential or other acknowledgement for some Programs. Edsanta may decide at its sole discretion whether to provide a record concerning a participant’s performance in a Program. The format of any credential or other acknowledgement, and of any performance, provided by Edsanta relating to Programs will be determined by Edsanta at its sole discretion and may vary from Program to Program.
2. Payment of Fees
2.1. You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees (collectively referred to as “Fees”).
2.2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Edsanta will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Edsanta will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Indian Rupees, and all payments shall be in Indian Rupees.
2.3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Fees will be charged from time to time at Edsanta’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged.
2.4. All Fees are exclusive of applicable taxes, cess, GST etc. in force (“Taxes”).
2.5. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Edsanta’s products and services. To the extent that Edsanta charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Edsanta of your exemption. If you are not charged Taxes by Edsanta, you are responsible for determining if Taxes are payable, and if so, self- remitting Taxes to the appropriate tax authorities in your jurisdiction.
2.6. For the avoidance of doubt, all sums payable by you to Edsanta under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Edsanta to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Edsanta shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
2.7. Edsanta does not provide refunds.
3. Use of the Services by Edsanta
3.1. Subject to payment of applicable license fees, Edsanta grants to you a non- exclusive, non-transferable limited license to use the Platform. Except for the foregoing, you shall not re-distribute the contents on the Platform, in whole or in part, either separately.
3.2. You shall not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Platform or the Programs. From time to time, Edsanta may include software, code, instructions, or other such information in content for the programs; any such information is provided on an "as-is" basis. Any use of such information for commercial purposes is strictly prohibited. Edsanta and/or its affiliates and licensors reserve all rights not expressly granted herein to the contents available on the Platform.
3.3. It is the sole responsibility of the user enrolling into a Program to check the accuracy of, and evaluate the suitability and relevance of, the Program elected. The enrolment into a Program is non-transferable.
3.4. Edsanta shall at its sole discretion, have the right to cancel, reschedule any Program or lectures/webinars, or change amend, modify or alter rearrange the schedule of topics, point value or weight of assignments, tests, exams, projects and other such evaluations of progress.
3.5. You also understand that Edsanta, at its sole discretion, may limit, suspend, or terminate your use of the Platform or Programs and/or all Edsanta provided services related to the Programs.
3.6. You also understand that Edsanta may modify or discontinue all services related to its Programs at its sole discretion. You agree that Edsanta shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Nothing in these Terms shall be construed to obligate Edsanta to maintain and support the Platform or Programs or any part or portion thereof or any associated services.
3.7. If you no longer wish to use any Program, you may terminate your participation by giving notice to Edsanta.
3.8. Participants of Edsanta online live lectures and webinars shall be provided access to such classes via email. If you are unable to attend an online live lecture/webinar, please provide Edsanta with prior intimation regarding this.
3.9. You agree not to share such access with any third party or attend such Program in the presence of other unregistered/ unauthorised audience.
3.10. You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Platform, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other mobile communication device connection services. You shall be exclusively responsible for ensuring that such equipment or ancillary services are compatible with the Platform, and you shall be responsible for all charges incurred in connection with the use of the Platform and Program in connection with all such equipment and ancillary services.
3.11. Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses. If you enrol in a course, you rely on any information provided by an instructor at your own risk.
3.12. By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Edsanta has no responsibility to keep such content from you and no liability for your access or enrolment in any course, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your enrolment in a course.
3.13. When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. While we restrict the types of information instructors may request from students, we do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
3.14. We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.
3.15. When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
4. Status of Edsanta and its Partners
4.1. It is clarified and stated in unequivocal terms that Edsanta is not a University, within the meaning of the applicable laws nor makes any representation, whether express or implied, of being an University. Edsanta is strictly an online education service provider in collaboration and consultation with Indian and International universities, educational institutions, governmental authorities, NGOs, corporates and such other organisations/ institutions (each an “Educational Partner”).
4.2. You agree and acknowledge that your use of the Platform or any Program does not allow you to access or use the resources or receive any benefits or privileges of any Educational Partner, beyond the Programs.
4.3. You may be awarded a certificate of successful completion of a Program (“Program Certificate”) upon fulfilling the criteria and requirements of Edsanta and its Educational Partners. You acknowledge that any such Program Certificate awarded may not be affiliated to any Educational Partner and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner.
4.4. You will not receive academic credit from Edsanta or any other Educational Partner for taking a Program. If you are taking a Program for academic credit or certification as a student of, or otherwise through, an Educational Partner, any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, Edsanta will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for a Program.
4.5. You acknowledge and agree that any Program affiliated with an Educational Partner may be subject to the terms, policies and procedures of the applicable Educational Partner in addition to Edsanta’s Terms.
Without limiting the foregoing, if you are a student registered or enrolled at, or are otherwise attending, an Educational Partner and are taking a Program for credit or certification through that Educational Partner, you
acknowledge and agree that
a) the Educational Partner may have its own terms, policies or procedures regarding your eligibility to participate in the Program, your participation in the Program, the
requirements or prerequisites for receiving credit or certification for the Program, and/or your educational or student records as they may relate to your participation and performance in the Program, and
b) your educational or student records are maintained by the Educational Partner, including for purposes of assigning credit or certification, and not Edsanta
5. Intellectual Property
5.1. Edsanta is a technology platform that enables individuals, group of individuals, institution and/ or organisation to create and share educational courses. Under the present business model of Edsanta, it neither reviews nor edits the courses for legal issues. However, it is important to us that instructors posting courses on the Platform, respect the intellectual property of others. When instructors post courses on our marketplace, they make the promise that they have the necessary authorization or rights to use all the content contained in their courses.
5.2. Infringing activity is not tolerated on or through our platform and in case of any infringement, it may be reported to Edsanta.
5.3. Without prejudice to the forgoing, all contents on the portal of Edsanta, which includes but is not limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features and other materials are owned and operated by Edsanta.
5.4. By using the services of Edsanta, the user agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any of the content of Edsanta as is available on the Platform or any portion of it thereof, other than as expressly allowed under these Terms; and (b) use the Intellectual Property of Edsanta, name, trademarks, service marks, or other materials of any partner/ associate/ affiliate of Edsanta in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose.
6. Using Edsanta at your own risk
6.1. Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses. If you enrol for a course, you rely on any information at your own risk.
6.2. By using the services of Edsanta, you may be exposed to content that you consider offensive, indecent, or objectionable. Edsanta has no responsibility to keep such content from you and no liability for your access or enrolment in any course, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your enrolment in a course.
6.3. When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. While we restrict the types of information instructors may request from students, we do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
6.4. We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.
6.5. When you use our services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
7. Limitation of Liability
No claim shall may be made by the user or any other person against Edsanta, its partners, associates, affiliates or their respective directors, officers, employees or agents for any special, indirect, consequential or punitive damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the usage of the Platform, or any act, omission or event occurring in connection therewith; and the user hereby waives, releases, and agrees not to sue upon any claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favour. In no event will Edsanta be liable for any damages in excess of Rs. 5,000 (Rupees Five Thousand).
8. Termination of Rights
You agree that Edsanta, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform or enrolment to a Program with or without reason, any limitation or notice.
9. Miscellaneous
9.1. Severability - If any provision or portion of a provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall not be affected, and the remaining terms will continue in effect and be binding on the Parties.
9.2. Independent Parties - Edsanta and the sure are both independent entities and shall have no power or authority to assume or create any obligation or responsibility on behalf of each other. The usage of the Platform, does not intend and shall not be construed to create or imply any partnership, agency or joint venture, or employer-employee relationship between the parties.
9.3. Jurisdiction - The provisions of this Agreement shall be governed by, and construed in accordance with Indian law. Any matter pertaining hereto, or related herewith, initiated by or on behalf of either Party, shall be subject to the exclusive jurisdiction of the court at Maharashtra.
9.4. Waiver - The failure of Edsanta to exercise or enforce any right or provision of these terms or any program-specific terms, shall not constitute a waiver of such right or provision.
9.5. Assignment - Edsanta may freely transfer or assign any portion of its rights or delegate its obligations under the Platform. However, the User shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these terms or any program-specific terms, without the prior written consent of Edsanta, and any such attempted transfer or assignment shall be void and of no effect.
10. Duration
This agreement is valid for one year form the day of signing up and is not affected by any other agreements between the resource provider and users. This agreement is not affected by any other agreements between the resource providers and users.