1.
General
Expressions Learning
Resources Private Limited (Expressions) websites (“Websites”) and mobile
application (Express) and related services are operated by Expressions Learning
Resources Private Limited Inc. Access and use of the Service is subject to the
following Terms and Conditions of Service (“Terms and Conditions”). By
accessing or using any part of the Service, you represent that you have read,
understood, and agree to be bound by these Terms and Conditions including any
future modifications. Expressions may amend, update or change these Terms and
Conditions. If we do this, we will post a notice that we
have made changes to these Terms and Conditions on the Websites for at least 7
days after the changes are posted and will indicate at the bottom of the Terms
and Conditions the date these terms were last revised. Any revisions to these
Terms and Conditions will become effective the earlier of (i) the end of such
7-day period or (ii) the first time you access or use the Service after such
changes. If you do not agree to abide by these Terms and Conditions, you are
not authorized to use, access or participate in the Service. Any dispute
relating to the above will be governed as per the Governing Law mentioned in
Clause 19 below.
2. Description
of Website and Service
The Service allows users
to access and use services related to learning or practicing a language, using
Communication boards to access an Expressions teacher for doubts resolution and
certification after successful completion of Course. Expressions may, in its
sole discretion and at any time, update, change, suspend, make improvements to
or discontinue any aspect of the Service, temporarily or permanently.
3.
Registration
a. Registration
In connection with
registering for and using the Service, you agree (i) to provide accurate,
current and complete information about you and/or your organization as
requested by Expressions; (ii) to maintain the confidentiality of your password
and other information related to the security of your account; (iii) to
maintain and promptly update any registration information you provide to Expressions,
to keep such information accurate, current and complete; and (iv) to be fully
responsible for all use of your account and for any actions that take place
through your account.
b. General Content
In case you, the User submit
questions, ratings, reviews, information, data, text, photographs, audio clips,
audiovisuals or other materials on the Services (“Content”), you hereby grant
to Expressions a royalty free, perpetual, irrevocable, worldwide, nonexclusive,
transferable, and sublicensable license to use, reproduce, copy, adapt, modify,
merge, distribute, publicly display, create derivative works from, incorporate
such Content into other works; sublicense through multiple tiers the Content,
and acknowledge that this license cannot be terminated by you once your Content
is submitted to the Services. You represent that you own or have secured all
legal rights necessary for the Content submitted by you to be used by you, Expressions,
and others as described and otherwise contemplated in these Terms and
Conditions. You understand that other users will have access to the Content and
that neither they or Expressions have any obligation to you or anyone else to
maintain the confidentiality of the Content.
4.
Your Representations and Warranties
You represent and
warrant to Expressions that your access and use of the Service will be in
accordance with these Terms and Conditions and with all applicable laws, rules
and regulations of India and any other relevant jurisdiction, including those
regarding online conduct or acceptable content, and those regarding the
transmission of data or information exported from India and/or the jurisdiction
in which you reside. You further represent and warrant that you will carefully
safeguard your password, user name, and account information, will not share
your password or user name with any third party, and will not allow any third
party to access your account for any purpose.
5.
Inappropriate Use
You will not upload,
display or otherwise provide any content that: (i) is libelous, defamatory,
abusive, threatening, harassing, hateful, offensive or otherwise violates any
law or infringes upon the right of any third party (including copyright,
trademark, privacy, publicity or other personal or proprietary rights); or (ii)
in Expressions’s sole judgment, is objectionable or which restricts or inhibits
any other person from using the Service or which may expose Expressions or its
users to any harm or liability of any kind.
Indemnification of Expressions
The User agrees to
indemnify and hold harmless Expressions and its directors, officers, employees,
contractors, agents, suppliers, licensors, successors and assigns, from and
against any and all losses, claims, causes of action, obligations, liabilities
and damages whatsoever, including attorneys' fees, arising out of or relating
to your access or use of the Service, any false representation made to us (as
part of these Terms and Conditions or otherwise), your breach of any of these
Terms and Conditions, or any claim that any translation we provide to you is
inaccurate, inappropriate or defective in any way whatsoever.
6. License
to Use the App
Subject to the terms of
these Terms and Conditions, Expressions grants you a non-transferable,
non-exclusive license to download, install, and use one copy of the App on any
instrument that you own or control. You may not derive or attempt to derive the
source code of all or any portion of any App, permit any third party to derive
or attempt to derive such source code, or reverse engineer, decompile,
disassemble, or translate any App or any part thereof. Expressions and its
licensors own and shall retain all intellectual property rights and other
rights in and to the Apps, and any changes, modifications, or corrections
thereto.
7.
In-App Purchases
If you purchase an
auto-renewing periodic subscription through the Service, your Expressions
account will be billed continuously for the subscription until you terminate it
as set forth below. After your initial subscription period, and again after any
subsequent subscription period, your subscription will automatically renew for
an additional equivalent period. If you do not wish your subscription to renew
automatically, or if you want to change or terminate your subscription, you
will need to log in to your Expressions account and follow instructions to
terminate or change your subscription, even if you have deleted your account.
You agree to pay all
fees and applicable taxes incurred by you or anyone using aExpressions account
registered to you. Expressions may revise the pricing for the goods and
services offered through the Service at any time. All information that you
provide in connection with a purchase or transaction or other monetary
transaction interaction with the Service must be accurate, complete, and
current. You agree to pay all charges incurred by users of your credit card,
debit card, or other payment method used in connection with a purchase or
transaction or other monetary transaction interaction with the Service at the
prices in effect when such charges are incurred. You will pay any applicable
taxes, if any, relating to any such purchases, transactions or other monetary
transaction interactions.
8.
Payment Processors
All financial
transactions made in connection with the Service will be processed by a third
party in accordance with their respective terms of use, privacy policy, and/or
any applicable payment terms and conditions. We encourage you to learn about
the practices of such third party. In no event will Expressions be responsible
for the actions or inactions of any third party payment processor, including,
but not limited to, system downtime or payment service outages.
9.
Refund Policy
In the event that Expressions
suspends or terminates your use of the Service or these Terms and Conditions or
you close your account voluntarily, you understand and agree that you will
receive no refund or exchange of any kind.
10. Third-Party Links, Sites, and Services
The Service may contain
links to third-party websites, advertisers, services, special offers, or other
events or activities that are not owned or controlled by Expressions. We do not
endorse or assume any responsibility for any such third-party sites,
information, materials, products, or services. If you access any third party
website, service, or content from Expressions, you understand that these Terms
and Conditions and our Privacy Policy do not apply to your use of such sites.
You expressly acknowledge and agree that Expressions shall not be responsible
or liable, directly or indirectly, for any damage or loss arising from your use
of any third-party website, service, or content.
The Service may include
advertisements, which may be targeted to the Content or information on the
Service, or other information. The types and extent of advertising by Expressions
on the Service are subject to change. In consideration for Expressions granting
you access to and use of the Service, you agree that Expressions and its third
party providers and partners may place such advertising in connection with the
display of content or information submitted by you or others.
11.
NO REPRESENTATIONS OR WARRANTIES BY EXPRESSIONS
The Service, including
all videos, images , audio files and other content are provided by Expressions
on an ‘As Is’ basis. Expressions makes no representations or warranties of any
kind with respect to the Service. Access and Use of the Service may be
unavailable during peak periods, system upgrades, malfunctions or maintenance
or for some other reasons.
12. LIMITATION ON TYPES OF DAMAGES/LIMITATION
OF LIABILITY
In no circumstances
shall Expressions be liable to you or any Third party representing you for
direct or incidental damages arising out of or relating to the inability to
access or Use of the Service, inaccurate or lower than anticipated results or
damages stemming from loss or corruption of data or claims by third parties for
damage to computers, software or any related equipments.
Expressions liablityto
you or any Third party representing you will at most be limited to the actual
sum(s) paid by you in the last 12 months from the date of the claim.
13. Termination
Expressions may
terminate your access and use of the Service immediately at any time, for any
reason, and at such time you will have no further right to use the Service. You
may terminate your Expressions account at any time by following the
instructions available through the Service. The provisions of these Terms and
Conditions relating to the protection and enforcement of Expressions’
proprietary rights, your representations and warranties, disclaimer of
representations and warranties, release and indemnities, limitations of
liability and types of damages, ownership of data and information, governing
law and venue, and miscellaneous provisions shall survive any such termination.
14. Proprietary Rights in Service Content and
Activity Materials
All content available
through the Service, including designs, text, graphics, images, information,
software, audio and other files, and their selection and arrangement (the
"Service Content"), are exclusively ownedand property of Expressions
or its licensors. No Service Content may be modified, copied, distributed,
framed, reproduced, republished, downloaded, scraped, displayed, posted,
transmitted, or sold in any form or by any means, in whole or in part, other
than as expressly permitted in these Terms and Conditions if any. You may not
use any data mining, robots, scraping or similar data gathering or extraction
methods to obtain Service Content. As between you and Expressions, all data,
information and materials generated from your access and use of the educational
activities made available on or through the Service shall be exclusively owned
by Expressions, and you shall not have any right to use such Activity Materials
except as expressly authorized by these Terms and Conditions. All rights of Expressions
or its licensors that are not expressly granted in these Terms and Conditions
are reserved to Expressions and its licensors.
15. Trademarks
“Expressionsand all
other trademarks, service marks, graphics and logos used in connection with the
Service are trademarks or service marks of Expressions or their respective
owners, and certain of them are registered or under the process of registration
with the IndianPatent and Trademark Office. The User has no rights or license
to reproduce or otherwise use the Expressions name or any Expressions or
third-party trademarks, service marks, graphics or logos.
16. Privacy
Use of the Service is
also governed by our Privacy Policy, a copy of which is available in the
website. By using the Service, you consent to the terms of the Privacy Policy.
17. Governing Law and Jurisdiction
Any
dispute will be governed by the laws of India and place of jurisdiction would
be in the city of Indore in the State of Madhya Pradesh, India. Written notice
to be served at Expressions registered office at:
404-405
Bansiwala Towers, Near Agrasen Square, Sapna – Sangeeta Road, Indore -452001,
Madhya Pradesh, India.
18. Language
This agreement is
written in English. To the extent any
translated version of this agreement conflicts with the English version, the
English version controls.
19. Miscellaneous
These Terms and
Conditions constitute the entire agreement between Expressions and you
concerning the subject matter hereof. In the event that any of the Terms and
Conditions are held by a court or other tribunal of competent jurisdiction to
be unenforceable, such provisions shall be limited or eliminated to the minimum
extent necessary so that these Terms and Conditions shall otherwise remain in
full force and effect. A waiver by Expressions or you of any provision of these
Terms and Conditions or any breach thereof, in any one instance, will not waive
such term or condition or any subsequent breach thereof. Expressions may assign
its rights or obligations under these Terms and Conditions without condition.
These Terms and Conditions will be binding upon and will inure to the benefit
of Expressions and you, and Expressions and your respective successors and
permitted assigns.