These Terms & Conditions shall govern the relationship between you, the Teacher, and us, Icelab Solutions Pvt. Ltd., including but not limited to matters such as your Course(s) hosted on our Platform, your interaction with the Students, the payments receivable by you, etc. and all matters dealt with hereunder. You are hereby notified that if you are not wiling to accept the Terms & Conditions hereinbelow in their entirety, then you must not register on the Platform as a Teacher or use, access or view any part thereof.
a)The terms, words and phrases used in these Terms and Conditions (“Terms”) shall have the meaning as defined hereinbelow:
b) All other terms, words and phrases used in these Terms shall be understood to mean their natural and ordinary meaning.
c) It is clarified that the headings to clauses are provided only for convenience and cannot be construed to limit, guide or impact in any manner the contents of their respective clause.
a) You will need an Account for fully accessing and benefitting from the Platform, including, but not limited to, for offering, teaching or evaluating any Course.
b) When you register on the Platform for an Account, you are bound to provide all information correctly. You are further bound to update the Account as and when any information provided by you while registering no longer holds true.
c) Your Account cannot be transferred, assigned or shared with any person whatsoever without our prior permission in writing.
d) You are fully and completely liable for any and every action done through or by your Account. You are bound to ensure the secrecy and safety of your Password at all times. If you have reason to believe that your Password has come to the knowledge of any person then you are bound to immediately inform us and change your Password. If any damage results to us or to any Student, User or any third person as a result of actions from your Account then you shall be liable for the same and any belief or knowledge that someone may have accessed and operated your Account shall not be a defence to the said liability.
e) In the event of your Account being compromised, we will share your new login credentials, after due verification, only to the email address which you had provided at the time of registration of your Account. If you wish to change the email address provided at the time of registration of your Account you must write to us and only after due verification will your email address be changed in your Account.
f) We will not share or change the login credentials of any Account except as per the procedure prescribed hereinabove. In the event of your death, your Account will be de-activated, upon receiving legal verification of death.
g) You must be legally competent to contract with us in your jurisdiction for registering and setting up an Account with us.
h) We fully and exclusively reserve the right to terminate any Account in the event of violation of any provisions of these Terms or any other terms which may be applicable to the Account.
i) You shall have the full right to de-activate your Account at any time.
j) You hereby agree that once you have de-activated your Account then you shall not be permitted by us to make another Account with the same email address for a period of 90 days from the date of said de-activation.
3. Conditions applicable to Teaching Content and the actions/conduct of Teacher
a) You hereby consent and undertake to be fully and entirely responsible and liable for the Teaching Content. You further represent and warrant that:
b) You further represent and warrant that you will not:
c) You further represent and warrant that you will not provide any Teaching Content which is available Free on any or all media channels/Organisation Website or ownership of any individual/Organisation. If you wish to publish such course, your content is ruled under following terms.
Failing to meet these terms shall see legal action including permanent ban from the platform against the identified teacher. Any benefit for teacher in this case will be confiscated with immediate effect.
4. License to Learnmall.in
You will retain ownership of your Teaching Content, however, you hereby grant us a worldwide, non-exclusive, royalty-free license, including the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your Teaching Content and any part thereof through any and all media or distribution methods. The said License also includes making your Teaching Content available to other companies, organizations, or individuals who partner with us for syndication, broadcast, distribution, or publication of content on other media.
You hereby consent and agree that we shall grant license to the Teaching Content as per our Terms and Conditions for Students to any User who duly enrols for the Course on payment of the amounts applicable to said Course. You hereby consent and undertake that you shall not provide the License to your Teaching Content or otherwise allow access to the same to any User or person directly or by excluding the participation/ involvement of the Platform.
You hereby freely, willingly and without restriction grant to Ice labs Pvt. Ltd. the rights detailed hereinabove for the purpose of offering, marketing, and otherwise exploiting your Teaching Content, and at our sole discretion, to sublicense it to students, directly or through third parties. You further expressly grant us the right to add captions to or otherwise modify the Teaching Content or any part thereof for improving accessibility, comfort and ease.
You shall have the right to withdraw any Course from the Platform at any time by means of a Notice being served on us for the said purpose. Unless you revoke the said Notice, the concerned Course will be removed from the Platform for new Users within two weeks from the date of receipt by us of the said Notice. It is clarified that (1) rights given to any Student before the Course's removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) our right to use such Course for marketing purposes shall survive such withdrawal/ removal.
You hereby grant us your express and full consent for recording or monitoring all or any part of your Teaching Content for quality assessment & review, as well as, for marketing & promotion and for demonstration or guidance on using the Platform or any part thereof. You further grant us permission to use your name, likeness, voice, and image for the aforementioned purposes only. You hereby expressly waive your right of privacy to the extent you have consented and granted us permission to use any part of your Teaching Content and your name, likeness, voice, and image, for the purposes mentioned hereinabove in this Clause.
5. Trust & Safety
a) Trust & Safety Policies
You hereby consent and agree to comply at all times with our quality standards for Courses and other policies prescribed by us from time to time. You undertake to regularly review these policies for any updates and to stay compliant with the same at all times. .
We reserve the sole and exclusive right to remove any Course or any part of Teaching Content, suspend payouts, and/or ban you at any time, without prior notice, if in our opinion and satisfaction you are in violation of any of the aforementioned policies, including but not limited to:
b) Relationship to Students
You will only receive limited information of the Students. You hereby consent and undertake that you will not use the data shared with you for any unlawful or immoral purposes, and that you will use the said data only for the purpose of offering, teaching or evaluating the Course and providing related services.
You hereby consent and undertake that at no point of time will you take any steps, actions or measures to solicit any personal information from any Student such as their physical location or mobile numbers. The violation of this undertaking will entitle us to de-activate your Account and/or suspend your Courses without any compensation for the same. Furthermore, you undertake to indemnify us in the event that any steps, actions or measures taken by you in violation of aforementioned condition leads to any claim being filed against us by a Student or any other person.
c) Anti-Piracy Efforts
We may contract with anti-piracy vendors for the purpose of protecting every part of your Courses on the Platform from unauthorized or illegal use. For the aforesaid purpose, you hereby consent and agree to appoint us and our chosen anti-piracy vendors as the agents on your behalf for enforcing the copyright for any and every part of your Courses, through notice and/or takedown processes, as well as, such other efforts as may be necessary to enforce your legal rights. You hereby agree and consent to grant us and our chosen anti-piracy vendors the primary authority for filing notices and enforcing copyright interests on your behalf.
You hereby consent and agree that we and our chosen anti-piracy vendors will retain the rights aforementioned unless and until you revoke the same by Notice to email@example.com, sent from the Email ID associated with your Account. Your said revocation will be effective after 48 hours from the receipt by us of said Notice.
d) Feedback from Users
a) Price Setting
You will have the right to elect whether you would like to provide your Course for Free or for a particular amount (“Base Price”). The List Price for your Course will be inclusive of the said Base Price, any and all applicable taxes, statutory charges and levies, as well as, mobile platform fees[HS4] and charges payable to third parties, if any. We retain the full and exclusive discretion to determine the List Price for your Course.
We regularly undertake several promotional and marketing campaigns. If you agree to include your Course as part of such campaigns then the Base Price for the Course will be reduced as per the terms of the said campaign.
When creating a course, you will be prompted to select a base price ("Base Price"). Alternatively, you may choose to offer your course for free.
If you do not opt to participate in any Promotional Programs, we will list your course for the Base Price or the closest local or mobile app equivalent[HS5]. When a student purchases using a foreign currency, we will convert the relevant Base Price into the student's applicable currency using a system-wide foreign currency conversion rate set by learnmall.in. You hereby agree and consent to your Courses being shared for free, without any amount being payable to you, with our employees, with selected partners, and in those cases where we need to restore access for students who had previously purchased your courses .[HS6]
b) Transaction Taxes
The List Price for your Course will include, in addition to the Base Price, the applicable taxes, statutory charges or levies, which shall be collected and remitted by us to the concerned authorities. .
a) Revenue Share
When a student purchases your course, we calculate the gross amount of the sale as the amount actually received by learnmall.in from the student ("Gross Amount"). From this, we subtract any Transaction Taxes, any mobile platform fees applied to mobile application sales, and any amounts paid to third parties in connection with the Promotional Programs to calculate the net amount of the sale ("Net Amount").
Learnmall.in makes all Teacher payments in Indian Rupees ( INR) regardless of the currency with which the sale was made. We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in INR). [HS7]
b) Receiving Payments
For receiving timely payments from us, you are required to provide us with and at all times keep updated and accurate the information relating to your Bank Account, the Email ID registered with your Bank Account, details relating to your PAN Card and Aadhar Card. You must also provide any identifying information or tax documentation (such as a PAN or Aadhar) necessary for payment of amounts due, and yYou hereby agree that we may withhold taxes from your payments as mandated by law. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.
The amounts due to you shall be paid by us within 45 days from the end of the calendar month in which (a) we receive the amounts towards purchase of your Course or (b) the relevant course consumption occurred[HS8].
We fully and exclusively reserve the discretion to not pay the amounts due to you if any instance of fraud, violations of intellectual property rights, or other violations of the law by you are brought to our knowledge.
You hereby consent and agree that Students can claim a refund as per our policy and agreement with the Students and in the event that a Student receives a refund then you will not receive any amounts in such case.
If a student asks for a refund after we have paid the relevant Teacher payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the Teacher or (2) where no further payments are due to the Teacher or the payments are insufficient to cover the refunded amounts, require the Teacher to refund any amounts refunded to students for the Teacher's courses.[HS9]
8. First Time Teachers
Learnmall.in focus on the enablement of New Teacher of those who belong to the Industry professional community. Mentioned terms govern the exclusive agreement between learnmall.in & “First Time Teacher”
Any Teacher who registers with learnmall.in the platform and (1) have no association in the past with any organization as teaching or instructing partner (2) requires 21 days or more to publish courses. Those shall be identified as “First Time Teachers”. Relationship of learnmall.in and “First Time Teacher” are governed by these exclusive agreements.
a) “First Time Teacher” is required to deposit sum ₹3,000 (Inclusive of Taxes) as ONE TIME SECURITY DEPOSIT.
b) The ONE TIME SECURITY DEPOSIT is taken towards the guarantee of the course delivery.
c) ONE TIME SECURITY DEPOSIT is a completely refundable amount, which shall be refunded after the delivery of the committed course.
The ONE TIME SECURITY DEPOSIT is taken towards the guarantee of the mutually agreed course content delivery. You agree to these terms which shall HOLD/RETAIN the deposit in any or all case scenario.
a) The teacher fails to deliver drafted course content within 45 days.
b) The teacher delivers incomplete course content.
c) The teacher delivers fraudulent, pirated or copyrighted material of a Third-Party organisation/Individual.
Learnmall.in holds the right to modify the scenarios under which ONE TIME SECURITY DEPOSIT may HOLD/RETAIN. Learnmall.in may also increase/decrease the duration of course content delivery with Notice or Agreement with the teacher.
We grant you the authorization to use our Trademarks from the time you post a Course on the Platform and till such time you have posted at least one Course on the Platform, subject to the conditions and restrictions stated hereinafter. You hereby consent and undertake to use any part of our Trademarks strictly as per the following conditions:
a) You will only use our Trademarks as we may provide to you;
b) You can use our Trademarks only and only for the purposes of promotion, marketing and sale of your Courses posted on the Platform or regarding your participation on our Platform;
c) You shall fully comply with any other or further conditions which may be imposed by us while providing our Trademarks to you;
d) You shall without delay discontinue the use of our Trademarks upon receiving intimation from us for the same;
e) You shall not use our Trademarks in a misleading or disparaging manner;
f) You shall not use our Trademarks in any manner which may imply that we endorse, sponsor, or approve of your Course or services;
g) You shall not use our Trademarks in connection with an obscene, indecent, or unlawful topic or material or in any manner such that it violates the law.
10. Sanctions and Export Laws
You hereby represent that you are not restricted, in any manner whatsoever, from providing your services to, on or through the Platform as per law. You further represent that you are barred neither under the law of the jurisdiction where you reside or purposefully work for gain, or under Indian Law from contracting with us or providing your services through the Platform to Indian citizens or citizens of any other country. In the event that you become subject to any restriction as aforementioned then you shall inform of the same to us within 24 hours of such restriction becoming applicable to youand we will have the right to terminate any further relations with you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to us).
11. De-activating Your Account
You may de-activate your Account at any time as per your discretion. You hereby consent and agree that (1) the rights given to any Student before the de-activation of your Account will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) our right to use such Course for marketing purposes shall survive the de-activation of your Account.
12. Escalation Process for Violations of Terms
a) The Escalation Process for Violations of Terms follows the principle that Punishment for a violation increases if a User repeats a violation, whether the repeated violation is the same as the earlier violation(s) or not.
b) The first violation will result in a Warning and the fifth violation will result in Suspension, i.e. Account being de-activated and Course being permanently banned from the Platform for future.
c) Your record for the purpose of Escalation Process will be maintained on a six monthly basis. However, we reserve full right to remove repeat violators from the Platform, without warning, even if they have committed only a single violation in a particular 6 month period.
d) The Escalation Process for Violations of Terms is:
No. of Violation of Terms in a 6 month period
Suspension of announcement & direct messaging privileges for a month.
Courses blocked from active promotions for a month + suspension of announcement & direct messaging privileges for a month.
Courses blocked from new enrolments for a month + suspension of announcement & direct messaging privileges for a month.
Account is de-activated and Course is permanently banned from the platform for future.
e) The aforementioned Punishments for Violations of Terms as per the Escalation Process shall apply at Course level. Thus, all teachers and co-teachers associated with Course(s) in violation will experience their features and the said course being blocked.[HS11]
f) We further retain the full right and discretion to impose a more severe Punishment for a Violation of Terms than that specified by the Escalation Process for Violations of Terms.
a) Binding Agreement
You hereby consent and undertake that you will not hold us responsible or liable in the event the Platform is unavailable or inaccessible to you at any point of time for any particular reason including but not limited to for technical, maintenance, security, updation or modification purposes. We retain the full and exclusive right and discretion to remove, change, modify or update any feature, aspect, look, design or technology of the Platform and your use of the Platform is subject to acceptance of this condition.
c) Limitation of Liability
It is hereby agreed that our liability in the event of any damage, harm or loss caused to you, for any reason whatsoever, for which we are liable under these Terms or other terms and Guidelines stated on the Platform, shall be limited to INR 20,000/- (Rupees Twenty Thousand only).
You hereby agree and consent to indemnify, defend and hold harmless us, our personnel, Directors, employees, agents, licensors and Affiliates in relation to any damage, loss or harm caused to any third party as a result of any actions by you or from your Account, including but not limited to the content posted by you on the Platform, your use of the Platform, your violation of these Terms or any other term or Guideline stated on the Platform or any violation of law.
e) Governing Law & Jurisdiction
These Terms shall be governed by the laws applicable to and in the State of Karnataka, India and the Courts of Bengaluru, Karnataka shall have the sole and exclusive jurisdiction in relation to any dispute between you and us.
f) Notice & Communication
g) Sale Declaration
Learnmall.in doesn’t guarantee any sales to any teacher and operates transparently in delivering sales to teachers’ courses. In our effort to bring sales on every course, we strictly follow a non-biased model. Learnmall.in doesn’t hold any liability of no sale occurrence and is not answerable for any such concern raised from teachers.
h) Relationship between the Parties
It is hereby agreed that your use of the Platform does not constitute or establish any joint venture, partnership, contractor or agency relationship between you and us.
i) Auto-Consent Policy
Learnmall.in is duly responsible for all types of announcement & notification to its teachers which concerns teachers consent. However, learnmall.in holds the right to implement, modify, update, use, or make any necessary decision immediately or as required from the time of announcement or notification and accounting the consent on behalf of the teachers.
15. Dispute Resolution
a) Amicable Settlement
It is hereby agreed that in the event that either party intends to raise a dispute or make any claim against the other party, the party raising the dispute or claim will first write to the other party by E-mail and the parties shall, in the first instance, attempt to amicably settle the matter. In the event that no resolution of the dispute has been reached within a month from the date of raising the dispute or claim, only then shall either party be entitled to proceed for Arbitration.
c) No Class Actions
16. Updates to the Terms and Conditions
a) It is hereby agreed that we retain the full and exclusive right and discretion to alter, change, modify, update or de-activate any part of these Terms and any other terms and Guidelines stated on the Platform.
b) In the event that we are doing any of the aforementioned acts, we will notify you of the same. Unless otherwise specified, any alteration, change, modification, updation or de-activation comes into effect from the moment the same is notified to you. If the same is not acceptable to you then you should de-activate your Account and completely cease using or accessing the Platform. You must further write to us at our E-mail address and confirm your intention of leaving the Platform in light of the alteration, change, modification, updation or de-activation, as the case may be. It is agreed that your continued use of the Account or the Platform indicates your full consent to the said alteration, change, modification, updation or de-activation, as the case may be.