Terms & Conditions

About Edficacy

Welcome, and thank you for your interest in Edficacy, Edficacy Learning Private Limited a company incorporated under the (Indian) Companies Act, 2013, having its registered office at Corporate Liesure Resorts, 101, No139, Old Airport Rd, H.A.L Stage II, Bangalore, Bangalore North, Karnataka, India, 560008 ("Edficacy Learning," "we," "us," or "our"), which operates the website located at "www.edficacy.co" and other websites (if any) (collectively, the "Website") and online services, any Downloadable Content (as defined below), and any other products and services that Edficacy may provide now or in the future (collectively, the "Services"). In any jurisdiction other than India, wherever Services are rendered through the Platform, the same is offered by Edficacy. The following Terms of Service are a legal contract between you ("you" and "your") and Edficacy regarding your use of the Services. Visitors and users of the Services are referred to individually as "User" and collectively as "Users". Use of the Services is governed by these Terms of Service and our Edficacy Privacy Policy, where the Privacy Policy describes the personal information that we collect and how we use and share it.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE "TERMS"), AND THAT YOU HAVE READ THE EDFICACY PRIVACY POLICY.

IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE. IF YOU ARE SCHOOL PERSONNEL (AS DEFINED BELOW) AND YOU REGISTER A SCHOOL USER (AS DEFINED BELOW), YOU AGREE, ON BEHALF OF YOUR INSTITUTION, THAT THE SCHOOL USER IS BOUND BY THE TERMS, UNLESS YOUR INSTITUTION HAS A SEPARATE WRITTEN SERVICE AGREEMENT WITH EDFICACY THAT ACCEPTS THESE TERMS ON BEHALF OF SCHOOL USERS.

PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

A. Eligibility; Accounts

THE SERVICES ARE NOT AVAILABLE TO: (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICES BY EDFICACY, OR (B) ANY PERSONS UNDER THE AGE OF 13 (OR UNDER THE LEGAL AGE OF CONSENT IN YOUR COUNTRY) WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A PARENT OR LEGAL GUARDIAN (OR, FOR SCHOOL ACCOUNTS, BY SCHOOL PERSONNEL AS PERMITTED UNDER THE TERMS).

1.1. Acceptance

By clicking the "I Agree" button or by otherwise using or registering an account for the Services, you represent that (i) you are a Indian resident at least 18 years of age, or (ii) you are not a Indian resident, and are of legal age of consent to open an account under the laws of your country of residence, or (iii) your use of the Services has been approved by your parent or legal guardian, or by your school or teacher for school use You also represent that you have not been previously suspended or removed from the Services by Edficacy, and that your registration and your use of the Services is in compliance with any and all applicable laws.

1.2. Account

In order to use certain features of the Services, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Edficacy, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify Edficacy Support. You may be liable for the losses incurred by Edficacy or others due to any unauthorized use of your Services account.

1.3. Integrated Service

Edficacy may permit you to register for the Services through, or otherwise associate your Edficacy account with, certain third-party social networking or integrated services, such as Facebook Connect and Google ("Integrated Service"). By registering for the Services using (or otherwise granting access to) an Integrated Service, you agree that Edficacy may access your Integrated Service’s account information, and may store and use certain information already associated with the Integrated Service consistent with our Privacy Policy, and you agree to any and all terms and conditions of the Integrated Service regarding your use of the Services via the Integrated Service. You may revoke Edficacy' access to your account on any Integrated Service at any time by updating the appropriate account settings of the respective Integrated Service. You should check your account settings on each Integration Service to understand the information sent to us through each Integration Service, and any changes you can make in those account settings. You agree that any Integrated Service is a Reference Site (as defined below) and you are solely responsible for your interactions with the Integrated Service as a result of accessing the Services through the Integrated Service. Edficacy does not control the practices of Integrated Services, and you are advised to read the privacy policy and terms and conditions of any Integrated Service that you use to understand their practices.

1.4. Child User

If you are under the age of 13 (in the United States, or under the legal age of consent in your country, then you are a "Child User"), and you may not create an account for the Services without consent and approval from your parent or legal guardian, or from your school as explained in Section 1.6 (School Use). If you are under the age of 18, (or under the legal age of majority in your country), you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. Except for accounts created for School Use as defined in Section 1.6 (School Use), Child Users that begin the registration process without a Parent User (as defined below) may have the registration process restricted until a parent or legal guardian approves or assumes responsibility for the Child User account. A Child User may use the Services if registered through certain educational organizations or, in certain cases, by School Personnel that have entered into a relationship directly with Edficacy, so long as the education organization has obtained parent or legal guardian consent, or has complied with an exemption to parental consent requirements under applicable law. A Child User will only be permitted to use the Services for so long as Edficacy reasonably believes that such access has been consented to by the Child User’s parent or legal guardian, or by School Consent.

1.5 Parent User

If you are at least 18 years of age and you are the parent or legal guardian of a child that seeks to register as a Child User of the Services, you may register a parent account on the Services ("Parent User"). For the purposes of these Terms, "parental consent" refers to a parent or legal guardian providing consent for their Child User. Through a Parent User account, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE OR CONSENT TO THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S PARENT OR LEGAL GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY YOUR CHILD USER. You are responsible for educating your Child User on responsible use of the Services, including Prohibited Conduct and refraining from submitting any personally identifiable information to the Services. It is your responsibility to monitor and manage your child’s access to the Services. If you request access for your Child User, then your Child User will be considered an authorized User and you are responsible for their actions (and use of) the Services. You acknowledge that Edficacy may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Edficacy deems necessary to validate your registration information, or registration information associated with a Child User account, including without limitation engaging third parties to provide verification services. Edficacy reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT EDFICACY CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND EDFICACY IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR OTHER PARTY DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR LEGAL GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by Edficacy at any time and without warning for any failure to abide by these Terms.

1.6. School Use

Edficacy may make available certain features and tools that permit Users registered as teachers, school leaders, aides, principals, school administrators, school district administrators, or other similar school personnel ("School Personnel") to work with students and other Users through the Services in order to provide such students with tutorial, educational and other education-related services as part of the school’s curriculum, and to review and evaluate educational achievement and progress of such students. If you are School Personnel accessing the Services on behalf of a school, school district, or other similar educational institution (an "Institution"), the following terms apply to you:

1.6.1. Limitations on Use. The Services and Website are provided to you for educational purposes as part of the school curriculum. You must use the Services and the Website in compliance with all applicable laws, rules, and regulations. You are responsible for determining (and confirming) that your use of the Services and the Website is permitted by your Institution and any applicable policies, including any school district and school policies. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Services, the Website, or access to the Services or Website.

1.6.2. Responsibility for Consent and Notices. You and/or the Institution assume responsibility for obtaining any consents required from parents or legal guardians, and for providing appropriate disclosures to School Users and their parents regarding the School Users' use of the Services, our Terms, and our Privacy Policy. You agree to be bound by these Terms on behalf of the School User, for so long as the School User account is not transferred to or assumed by a valid Parent User account or personal account for a Student of eligible age. IF YOU ARE SCHOOL PERSONNEL AND YOU REGISTER AN ACCOUNT FOR A CHILD USER OR OTHER STUDENT (EACH, A "SCHOOL USER") OR DIRECT A SCHOOL USER TO CREATE AN ACCOUNT FOR SCHOOL USE, YOU REPRESENT AND WARRANT THAT YOU HAVE EITHER RECEIVED EXPRESS CONSENT FROM SUCH SCHOOL USER’S PARENT OR LEGAL GUARDIAN FOR REGISTRATION OF THE SCHOOL USER AND DISCLOSURE OF RELATED INFORMATION TO EDFICACY OR THAT YOU (OR YOUR INSTITUTION) HAVE COMPLIED AND WILL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF AN EXEMPTION FROM OR EXCEPTION TO PARENTAL CONSENT REQUIREMENTS, (IF ONE IS AVAILABLE), NECESSARY FOR YOU TO REGISTER THE SCHOOL USER FOR THE WEBSITE AND PROVIDE TO EDFICACY THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH SCHOOL USER. Edficacy reserves the right to request, at any time, that School Personnel (or the Institution) provide records of notice provided to, and consent provided by, parents or legal guardians.

1.6.3. Compliance with U.S Laws. Specifically, if you are using our Service for School use in the United States, you agree, individually and on behalf of the Institution, that:

1. You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US Department of Education' implementing regulations at 34 CFR Part 99 (collectively, "FERPA"), and all other applicable laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your Institution (collectively, "Applicable Privacy Law").
2. You assume responsibility (and hereby agree that Edficacy is not responsible for) for providing appropriate notices and disclosures to students using Edficacy for classroom use ("Students" or "Student Users") and their parents regarding Student use of the Website, our Terms, and our Privacy Policy, including any notices pursuant to the Children' Online Privacy Protection Act ("COPPA"), FERPA, or other Applicable Privacy Law. You agree to comply with any applicable requirements under COPPA and its implementing regulations to provide the parents or legal guardians of Child Users direct notice regarding our practices with respect to collection, use, and disclosure of their personal information as well as access to our Privacy Policy.
3. You assume responsibility (and hereby agree that Edficacy is not responsible) for obtaining any consents required from parents or legal guardians, to the extent required under COPPA, FERPA or other Applicable Privacy Law, in connection with the Services, use of the Website for classroom use and disclosure of personally identifiable information to Edficacy in connection therewith. You represent and warrant to Edficacy that, prior to creation of accounts for School Use, you have either obtained all necessary parent or legal guardian consents, or have complied and will comply with all applicable requirements of an exemption from or exception to parental consent requirements, (if any), including:
   • under FERPA, you have complied and will comply with the "school official" exception, or the "directory information" exception thereunder;
   • under COPPA, with respect to Students under the age of 13, you are acting as the agent of the parent and consenting on their behalf to the sharing of the Student' personal information. Where parental consent is required under COPPA, you agree to employ requisite methods to obtain verifiable parental consent, pursuant to requirements under COPPA and its implementing regulations; and
   • you have satisfied any other parental consent or notice requirements applicable to use of our Services by your Institution.

We refer to this as "School Consent". If a Parent User does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify Edficacy to discontinue that Student’s access to the Services and ensure that such Student’s information is no longer accessible through the Services. Under no circumstances will Edficacy be liable for the School Personnel’s failure to consult their school' authorities and administrators or for failing to obtain School Consent when required.

1.6.4. Identification of School Accounts. Students and School Personnel may have personal accounts, in addition to accounts established for use in the classroom and associated with the Institution' use of the Services ("School Accounts"). If the Institution has a separate written service agreement with Edficacy that includes rostering services for your Institution, accounts provided for classroom use will be designated as School Accounts. In other cases, in order for accounts established for use in the classroom to be designated as "School Accounts," the accounts must be (1) created by School Personnel (for example, when a teacher creates the user name, login and password to establish School Accounts, or when the teacher rosters a class using Google Classroom, Clever, ClassLink, or similar Integrated Service (to the extent we support use of such Integrated Service)), or (2) created by a School User at the direction of a School, in each case, using a School email address and associated with a School’s class on the Service. User accounts created with a personal email address will not be considered School Accounts, and will be administered as personal accounts. If you have questions about how to create School Accounts that are associated with a School' class on the Service, please contact our customer support team.

B. Platform Services

Edficacy may offer certain products/services to you in collaboration with one or more of the Edficacy Group Platforms (as defined under the Privacy Policy). In such cases, to the extent that such product/services are made available to you through the Platform, the Platform Terms shall continue to apply to you.

For the purpose of the Platform Terms, usage of the terms "Platform Services"/ "Services" shall mean and include all the services referred to in this section and such other products or services as may be offered by Edficacy.

You agree and acknowledge that Edficacy has no control over and assumes no responsibility for, the User-generated Content (as defined under the ‘Intellectual Property’ section below) and by using the Platform, you expressly relieve Edficacy from any and all liability arising from the User-generated Content.

You agree and acknowledge that Edficacy shall have the right at any time to change or discontinue any Service, product, aspect, or feature of the Platform, including without limitation to, the User-generated Content (to the extent it is permitted to, or required, by virtue of being an ‘intermediary’), its availability and Supported/Compatible device required to access or use the Services. Edficacy reserves the right to terminate your Service and / or restrict your access to the Platform, if you choose not to provide / partially provide the requested information.

C. Right to Access and Account Creation

As a Learner, to access the Platform and use certain Services, you will be required to register and create an account on the Platform by providing the requested details.

To register on the Edficacy Platform you must meet the ‘Age Requirements’ specified hereinbelow. By using the Edficacy Platform, you, through your actions, affirm that the Age Requirements are met.

You can register on the Platform for free however, certain Services offered on the Platform may be chargeable. Please review the Service offerings on our Site or Application(s). You are not obligated to purchase any product or use any Service offered on the Platform.

Age Requirements to register and use on the Platform ("Age Requirements"):

• If you are a resident of India or any other country (except US, UK or EU countries), then you must have attained at least 18 (eighteen) years of age to register and use the Edficacy Platform;
• If you are a resident of the European Union (EU) country and have attained at least 16 (sixteen) years of age, then you are permitted to register and use the Edficacy Platform; and
• If you are a resident of the United States of America (US) or United Kingdom (UK) and have attained at least 13 (thirteen) years of age, then you can register and use the Edficacy Platform.
• If you are a resident of the US, UK or EU countries and are between the ages 13 and 18/ 16 and 18 respectively or if you are resident of any other country and are considered to be of any age determined for use of internet services but are less than the contractual age determined by the applicable laws of such country, then by using the Platform, you confirm to us that your use of the Platform is with the permission of your Parent(s) (as defined below), and your Parent has read, agreed and accepted to the Agreement; and in the event of any dispute between you and Edficacy pursuant to your Agreement with us, the terms of our Agreement shall be applicable to and enforceable against your Parent.

A Learner who does not fulfill the Age Requirements mentioned above (as may be revised as per applicable laws from time to time) and is desirous of registering on the Platform i.e., if a Learner is a "Minor"/ "Child", then the Learner may use the Platform with the consent of, and under the supervision of, their parent or legal guardian ("Parent"). Accordingly, in such a case, the Parent must agree to the Platform Terms at the time of their registration on the Platform. Please note that minors/children are not by themselves eligible to register on the Platform. When a Minor/Child uses the Platform, we assume that the Parent of such Minor/Child has enabled the Minor/Child’s usage of the Platform by agreeing to the Platform Terms and that such usage is under the supervision of their Parent.

Edficacy reserves the right to terminate your Service and / or restrict your access to the Platform, if it is discovered that you do not meet the Age Requirements and/or the consent to register and use the Platform is not obtained as above. You acknowledge that Edficacy does not have the responsibility to ensure that You conform to the aforesaid Age Requirements. It shall be Your sole responsibility to ensure that the required qualifications are met.

Further, the permission given by Edficacy to access and use the Platform under these Terms and Conditions is subject to the following conditions:

1. You agree not to distribute in any medium any part of the Platform, Content Provider Content or the Edficacy Content (as defined below) without Edficacy’s prior written authorization.
2. You agree not to alter or modify any part of the Platform.
3. You agree not to access User-generated Content of any other User through any technology or means other than the User-generated Content you have legitimate access to.
4. You agree not to use the Platform for any of the following commercial uses unless you obtain Edficacy’s prior written approval:
   1. the sale of access to the Platform;
   2. the sale of advertising, sponsorships, or promotions placed on or within the Platform or Content Provider Content; or
   3. the sale of advertising, sponsorships, or promotions of any third-party page or website.
5. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Platform in a manner that sends more request messages to Edficacy’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Edficacy grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Edficacy reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Platform, nor to use the communication systems provided by the Platform, unless otherwise mentioned herein.
6. You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. In other words, ensure that your conduct on the Platform is in accordance with the Platform Terms, including the User Guidelines.
7. In your use of the Platform, you will, at all times, comply with all applicable laws and regulations.
8. Edficacy reserves the right to discontinue any aspect of the Platform at any time with or without notice at its sole discretion.

You are responsible for maintaining the confidentiality of your account and password to access the Platform. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform and to restrict access to your device to prevent any unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other Personal Information. You should take all necessary steps to ensure that the password is kept confidential and secure at all times, and if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you agree to immediately change your password or inform us of any unauthorized access to or use of your username or password, so that we are able to help you stop or prevent such unauthorized access. Please ensure that the details you provide us are correct and complete.

You represent that the information provided by you at the time of the registration are correct, true and accurate, and you agree to update the same as and when there is any change in the said information. Please read our Privacy Policy to understand how we handle your information.

Please note that we reserve the right to reject or put on-hold your registration on the Platform as may be required to comply with any legal and regulatory provisions, and also reserve the right to refuse access to the Platform, terminate accounts, remove content at any time without providing any notice to you, and/or reserve the right to disable any account, feature, or identifiers, whether chosen by you or provided by us, at any time if, in our opinion, the said identifiers or you have violated any provision of the Platform Terms.

Further, to access the Platform, create, publish and/or view the User-generated Content on the Platform, you will need to use a "Supported/Compatible Device" which means a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which you are authorized to operate the Platform. The Supported/Compatible Devices to access the Platform and/or avail the Services may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that you use is compatible with our system/software to use the Platform and avail the Services offered therein.

D. Service terms

1. Purchase of a Service will allow you access only to the content available under the category of content for which you have purchased the Service.
2. The Services offered, and the validity/term of your Service ("Service Period") may vary depending on the plan you may purchase. Hence, before you proceed to purchase any Service, please read and understand the details of the Service(s) you intend to purchase on the Platform. If you are unclear about any part of the Service offering or need further clarification, then please feel free to write to us prior to your purchase at email address provided in the ‘Contact for User Support/Queries’ section below.
3. We also endeavor to continuously improve the Service offerings to improve your Platform experience.
4. The Service is of a personal nature and is solely for the benefit of the person subscribing and is not allowed to be resold by you or transferred to or shared with any other person for consideration or otherwise. In the event we get to know that any User has resold / transferred / shared Service with another person, then Edficacy retains the right to cancel/terminate the Service forthwith.
5. Please be sure to go through the Platform Terms to understand the additional services, if any made available to you, and how you can avail the same.

E. Pricing, Payments and Refunds

1. Pricing and Payments: You can purchase a Service of your choice for any category(ies) of content by following instructions on the Platform and making the payment applicable for the Service you intend to purchase.

   Please read the below terms applicable for the purchase of your Platform Service. The below terms are to be read with any other terms communicated to you at the time of purchase of your Service:

   1. You agree to pay all Service fees and charges that are attributable to your account on the Platform and that you are solely responsible for payment of these fees and charges. The Services are payable in full and in advance and are valid until the completion of the applicable Service.
   2. If you have not completed payments for your Services, we may restrict / suspend your access to the Platform until your account becomes current and paid in full.
   3. We reserve the right to pursue the fee owed to us using collection methods which may include charging other payment methods on file with us and/or retaining collection agencies or legal counsel.
   4. Your payments to Edficacy shall be subject to applicable taxes including without limitation Goods and Service Taxes (GST) or other similar taxes as may be applicable in your country of residence/from where you have created your account on the Platform/ purchased the underlying Services.
   5. We reserve the right to change/revise the pricing of the Services. For existing Services for which the applicable fees have been already received by us, we will implement the price changes as part of subsequent purchase of the Service.
   6. We further reserve the right to offer custom plans and pricing (including discounts and / or special offers) in addition to what is offered on the Platform, which include offering custom billing and payment terms, that are different from our standard terms.
   7. We use third-party payment gateways and/or aggregators to process payments applicable to the Services offered by us. Third-party payment gateway(s) made available to you may vary depending on the Service you choose. Similarly, we have also enabled integration of third-party payment providers to facilitate better payment options to you, which may vary depending on your territory or the Service you choose. Third-party payment gateways/aggregators and third- party payment providers shall collectively be referred to as "Third-Party Service Providers".
      Third-Party Service Providers may also charge you fees to use or access their services and may require your Personal Information to complete any transaction for the Platform. Further, to facilitate completion of your payments to us through the Platform or avail the payment options provided to you, you may be redirected to an external website operated by the Third-Party Service Provider. We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by the Third-Party Service Provider or its respective websites or (ii) control collection or use of your Personal Information by such Third-Party Service Provider. Hence, prior to using any services offered by a Third-Party Service Provider, we suggest that you read their terms and conditions, privacy policy and other policies, that may apply, to understand their terms of usage and to understand how your Personal information is being processed. Edficacy is not affiliated to any Third-Party Service Provider and neither Edficacy nor any of the Third-Party Service Provider are agents or employees of the other.
   8. You agree that you are solely responsible for all charges that occur through such Third-Party Service Providers and acknowledge and agree to indemnify, defend, and hold harmless Edficacy, its licensors, their affiliates, and their respective officers, directors, employees, and agents from any loss arising out of or related to the use of the Platform or any purchases made through the Platform. This obligation will survive your use of the Platform and termination of your Agreement with us. For purposes of the Platform Terms, "Loss" means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs, and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties). Edficacy shall not be liable to you for any claims arising out of any act or omission on the part of the Third-Party Service Provider(s) including, but not limited to, any lost, stolen, or incorrectly processed payments. Edficacy expressly disclaims any responsibility and liability for all services provided by the Third-Party Service Provider(s).
   9. Please note that all Service payments are collected by Edficacy only through the Platform and not through any third parties (except Third-Party Service Provider(s)). We do not usually authorize any third party (except Third-Party Service Provider(s)) to collect monies on our behalf; however, if we have authorized any third party then such third party will have received a written authorization from Edficacy either by way of any agreement or an authorization letter. Kindly verify with such third party before you make any payments to them, alternatively, you can always check with us by writing to us at email address provided under the ‘Contact for User Support/Queries’ section below.
   10. Further, Edficacy is solely authorized to offer discounts / offers, if any, on the Service prices. These discounts / offers are communicated on the Platform or via direct communication to you from Edficacy via email, SMS, phone, or such other means of communication, and can be availed only through the Platform, unless otherwise specifically communicated by Edficacy. Other than Edficacy, no person, including without limitation, third party or any third-party platform, are allowed to offer any discounts on the Service prices offered on the Platform. Edficacy shall not be liable for any claims arising from such unauthorized discounts / offers offered by any person other than Edficacy.

2. Cancellation and Refund Policy:

   You will not be able to cancel your Service through your account on the Platform once it is active after successful payment of the service purchased. For services that are still not active even after successful payment of service purchased, please write to us at info@edficacy.co with all the relevant evidences of successful payment and we would activate your service at our end after validation of evidences submitted.

F. Use of the Platform

Subject to the Platform Terms, Edficacy hereby grants you a non- exclusive, non-transferable, non-sublicensable, limited license to access and use the Edficacy Platform for your own personal, non-commercial and private use on an ‘as is’ basis in accordance with these Terms and Conditions and other Platform Terms.

Subject to payment of the Service fee, Edficacy grants you (as a Learner) a non- exclusive, non-transferable, non-sublicensable, limited license, during the applicable Service Period, to access and view the content you have subscribed to and attend live videos in association with your Service, for personal, non-commercial, private use only, in accordance with the Platform Terms. We may automatically remove your access to the content from your Compatible Device after the end of the Service Period or in accordance with any restriction mentioned in the Platform Terms.

Except as expressly permitted under any of the Platform Terms or otherwise in writing, you will not reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information).

G. Content and Conduct

1. Your conduct on the Platform shall strictly be in accordance with the User Guidelines and other Platform Terms.
2. You understand that as a User you may interact with Minors/Children (refer to ‘Right to Access and Account Creation’ section above) on the Platform; accordingly, you shall make yourself fully aware of our Minor & Learner Interaction Guidelines and conduct yourself in accordance thereof.
3. You understand and confirm that you shall not during your use of the Edficacy Platform at any time post or publish any content, comments or act in any way which will amount to harassment of any other User. If at any given point it comes to Edficacy’s notice that you have engaged in any kind of harassment of other Users, then in such a case you agree that Edficacy shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
4. You shall not engage in any activity that increases/optimizes the User views on any particular Content Provider; these activities, without limitation, include creating multiple fake accounts as Learners, either by yourself or through a third-party.
5. You shall not engage in any activity that will negatively impact Edficacy and/or other Users of the Platform, including without limitation, activities that involve screen- recording, screen-casting or downloading on any other device) in any manner that is not directly facilitated as feature within the Platform. If Edficacy becomes aware of your engagement, either by yourself or through a third-party, in any such activity, then Edficacy may immediately terminate your or such User’s access / Service along with termination and removal of access to all downloaded content with a right to initiate appropriate legal action, at the sole discretion of Edficacy.

H. Communications

When you visit the Platform, you are communicating with us electronically. You may be required to provide a valid email ID while creating any account with us or while enrolling or purchasing our Service. We may communicate with you by e- mail or by posting notices on the Platform or by any other mode of communication. By providing your information you authorize Edficacy, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by email or such other mode of communication with respect to your use of the Platform and regarding the products and services offered by Edficacy and its affiliates. These communications may be made by or on behalf of Edficacy. You acknowledge that your internet service provider may have levied certain charges on you vis-à-vis your communications with Edficacy as it constitutes availing their services, and you agree to be responsible for all such charges, and Edficacy will not be responsible for any such charges. Do not submit your information if you do not consent to being contacted by email or such other mode of communication. Further, you will always have an option to unsubscribe / opt out from any promotional communications sent by Edficacy and / or its affiliates either by following the relevant instructions that may be communicated via text, email or such other mode of communication in which you received a promotional communication or by disabling the options provided within your account on the Platform.

Please note that -

1. If you opt out of promotional communications, we may still send you transactional communications, such as service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt out of these communications. If you no longer wish to use our Platform or receive any communications from us (except for those that are legally required), then you may delete your account by either writing to us at the email address provided under ‘Contact for User Support/Queries ’section below by using the option enabled within the Platform; and
2. opting out of promotional communications only affects future communications from us. If we have already provided your information to a third party (as stated in our Privacy Policy) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party.
3. We do not sell your Personal Information to third parties

Further, in respect of interactions between Users - Edficacy is only an intermediary and does not monitor any of the interactions that take place between Users on the Platform, but Edficacy has clearly laid out the terms and guidelines a User must follow in their conduct on the Platform as part of the Platform Terms; and if Edficacy receives from any User a complaint of misconduct against you, in any form, or if Edficacy otherwise deems necessary, Edficacy reserves the right to suspend or terminate your access to any the Platform or any part thereof at any time, with or without giving any notice or reason.

I. Processing of Personal Information

J. Intellectual Property

Edficacy and / or its affiliates own all information and materials (in whatever form or media) provided or communicated to you by or on behalf of Edficacy including but not limited to, the Platform, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to Edficacy and / or its affiliates, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to you by Edficacy ("Edficacy Content"). Edficacy Content, including its trademarks, will not be used, modified, or altered by you in any way. You acknowledge and agree that you do not acquire any ownership or rights to the Edficacy Content or the Platform by use of the Platform. You acknowledge and agree that the Edficacy Content is protected by the copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorize use, reproduction, modification, distribution, transmission, republication, display or performance of the Edficacy Content and any component thereof is strictly prohibited.

You confirm and undertake not to utilize any data mining tools, robots, or similar data gathering and extraction tools to extract for re-utilization of any substantial parts of this Platform, without Edficacy’s express prior written consent.

K. Feedback

If any User(s) submits suggestions, ideas, comments, or questions containing product feedback about the Platform or any of the Services, through the Platform, then such User(s) grants Edficacy and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Feedback in any form. Users shall have no intellectual property right in the Platform as a result of Edficacy’s incorporation of their Feedback in the Platform.

L. Copyright, Trademarks, and other Intellectual Property Rights

At Edficacy, we respect the intellectual property of others just as much ours and, hence, if you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement of your intellectual property (including your copyrights and trademarks), then kindly write to us at legal@edficacy.co with complete details as required under Takedown Policy.

M. Edficacy’s Rights

In respect of the entire Platform, Edficacy reserves the following rights:

1. Edficacy reserves the right to put on-hold or reject or suspend or terminate your registration on the Platform for the purpose of complying with the legal and regulatory requirements.
2. Edficacy may modify, terminate, or refuse to provide Services at any time for any reason, without notice.
3. Notwithstanding anything contrary stated in the Platform Terms, in its sole discretion, Edficacy may remove anyone from the Platform at any time for any reason.
4. Edficacy reserves the right to access your account in order to respond to requests for technical support, to maintain the safety and security of the Platform, legal purposes and for other legitimate business purposes, as necessary, in Edficacy’s discretion.
5. Edficacy has no obligation to monitor any content that appears on the Platform or review any conduct occurring through the Platform, however, if Edficacy receives notice or becomes aware of, any violation of the Platform Terms, then, Edficacy reserves the right to refuse your access to the Platform, terminate accounts or remove such violating content at any time without notice to you.

N. Platform Availability

Your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance, or due to the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. You agree that Edficacy will not be liable for any losses that may be incurred by you if for any reason all or part of the Platform is unavailable at any time or for any period for use.

O. Deletion of Account

As a Learner, you may delete your account at any time by either writing to us at the email address provided under ‘Contact for User Support/Queries’ section below or by using the delete option provided within your account on the Platform (if available). If your account is deleted (regardless of the reason), you will no longer have access to your account on the Platform; any deletion once processed is irrecoverable. Edficacy is not responsible for the loss of your information and Edficacy shall not be liable to any party in any way for the inability your content arising from any deletion.

Please note that we may not be able to delete all communications or photos, files, or other documents publicly made available by you on the Platform, however, we shall anonymize your Personal Information (as defined in the Privacy Policy) in such a way that you can no longer be identified as an individual in association with such information made available by you on the Platform. We will never disclose aggregated or de-identified information in a manner that could identify you as an individual.

P. Disclaimer:

YOU AGREE THAT THE PLATFORM, CONTENT, AND ALL MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EDFICACY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, EDFICACY EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR COMPLETENESS OF THE PLATFORM, OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER- GENERATED CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AS EDFICACY IS STRICTLY AN INTERMEDIARY AS UNDER THE INFORMATION TECHNOLOGY ACT, 2000. EDFICACY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EDFICACY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER-GENERATED CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Q. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EDFICACY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER-GENERATED CONTENT OR ANY OTHER CONTENT AVAILABLE AT EDFICACY, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR EDFICACY PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE EDFICACY PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR EDFICACY PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EDFICACY PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EDFICACY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, EDFICACY AND ITS AFFILIATES LIMIT THEIR LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE EDFICACY PLATFORM AGAIN.

YOU SPECIFICALLY ACKNOWLEDGE THAT EDFICACY SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE EDFICACY PLATFORM IS CONTROLLED AND OFFERED BY EDFICACY AND / OR ITS AFFILIATES DEPENDING UPON YOUR JURISDICTION. EDFICACY MAKES NO REPRESENTATIONS THAT THE EDFICACY PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE EDFICACY PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

R. Indemnity and Release

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Edficacy, its affiliates, their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Edficacy Platform; (ii) your violation of any term of the Platform Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User-generated Content caused damage to a third party; or (v) violation of any applicable laws. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Edficacy Platform.

You hereby expressly release Edficacy, its affiliates and any of their respective officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against any of Edficacy, its affiliates and any of their respective officers, directors, employees and agents under any statute, contract or otherwise.

S. OFAC (Office of Foreign Asset Control)

You represent and warrant that you are not, nor are you owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury' Office of Foreign Asset Control ("OFAC"), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a "Specially Designated National and Blocked Person", terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a ("Prohibited Person"); (ii) you are not (nor are you owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) you (and any person, group, or entity which you control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) you are not prohibited by any sanctions program as maintained by OFAC from transacting with Edficacy, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.

T. California Civil Code Section 1789.3

Californian Users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

U. Applicable Law and Jurisdiction

The applicable law and jurisdiction is dependent upon which entity forming part of the Edficacy group is offering you the Platform and the Services, which in turn is dependent upon the Service chosen by you. Illustratively, Services provisioned in respect of Services pertaining to India, Edficacy India shall be the entity rendering the Services and, accordingly, the Agreement shall be governed by and construed in accordance with the laws of India; and you agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India.

V. General Provisions:

1. Legal Notices: In the event of any other disputes or claims arising from the use of the Edficacy Platform, please get in touch with us at legal@edficacy.co
2. Modification, Amendment or Termination: Edficacy may, in its sole discretion, modify or revise the Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Platform post any modification of the Agreement shall be taken as your consent and acceptance to such modifications. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits. You are advised to check our Platform frequently to see recent changes and to keep yourself updated with the most recent updates.
3. Force Majeure: Edficacy shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
4. Miscellaneous: If any part of the Agreement is found to be unlawful, void or unenforceable, that part of the Agreement will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Platform shall be in writing and sent to the registered office of Edficacy. We do not guarantee continuous, uninterrupted or secure access to the Platform, and operation of the Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

W. Contact for User Support/Queries

For queries relating to Services offered by Edficacy, please write to us at info@edficacy.co.

X. Contact Us

If you have concerns or queries regarding the Platform Terms, you may write to us by email at info@edficacy.co or by post to:

Terms and Conditions - Version 1.1
Last Updated on 7th February 2024