Cue Learn Private Limited having its registered office at D-58, Basement, Kalkaji, New Delhi 110019, India, and Learning Centre at Plot No. 7, 80 Feet Road, 4th Block, Koramangala, Bengaluru – 560034, is engaged in providing Mathematics, Computing and aligned Subject(s) learning program that is relevant for students of all classes, in the Indian or International educational scenarios (hereinafter referred to as “Cue Learn”, or Cuemath or “we” or “us” or the “Company”).
2.8. Words denoting the singular shall include the plural and vice versa.
2.9. Words denoting any particular gender shall include all genders.
3. TERM AND TERMINATION
3.1. This Term of Use will remain in full force and effect while you use the Website in any form or capacity.
3.2. The Company reserves the right to terminate your access to the Website and this Term of Use in the event of the following by You-
3.2.1. breach of any terms contained herein,
3.2.2. misrepresentation of information,
3.2.3. any unlawful activity or
3.2.4. any information submitted by You to the Company through the Website is unable to be verified or is authenticated.
4.1. Affiliation Charges – Charges Paid by Teachers for undertaking training and getting certified as Cuemath Teacher.
4.2. Cuemath – A company named Cue Learn Private Limited formed and registered under the Indian Laws.
4.3. Cuemath Learning Program - Mathematics, Computing and aligned Subject(s) learning program provided by Cuemath that is relevant for students of all classes, in the Indian or International educational scenarios.
4.4. Student Fee – Fee paid by or for or on behalf of a student for taking Cuemath Learning Program.
4.6. Website - The Website of the Company means www.cuemath.com.
5.1.1. A Teacher who has been associated with us or seeks to be associated with us as a Teacher for teaching Cuemath Learning Program to the student(s) (“Teachers”, “You” or “User”); or
5.1.2. A student or a parent or a legal guardian, using our Website (“You”, or “User”); or
5.1.3. Any person using Cuemath Learning Program (“You”, or “User”); or
5.1.4. Otherwise, a user of the Website (“you” or “User”).
6. PURPOSE OF THE WEBSITE
6.1. The Website of the Company is meant to provide information to the public about the -
6.1.2. the services and incidental services provided by the Company including without limitation, the information pertaining to the Cuemath Learning Program.
6.2. The Website facilitates the services rendered by the Company, and provides for, including and limited to the registration of the teachers, parents/ legal guardians of the student(s) and the student(s), desirous of being part of the Cuemath Learning Program, on the Website.
6.3. The Website facilitates to create/ register an account with us for availing Cuemath Learning Program.
7. USE OF THE WEBSITE
7.1. Your access of the Website will solely be at the discretion of the Company.
7.2. The Company authorizes you to access the Website solely, to acquire information or enrol/ register or be part of the Cuemath Learning Program of the Company.
7.4. The use of the Website is governed by the Company’s Privacy and other Policies which you hereby undertake to adhere to immediately upon first access of the website. The Company’s Privacy and other Policies set forth its standard practices regarding the collection, use and disclosure of personal information that it obtains about you in connection with the Services and such other issues as stated in such Policies.
8. USE OF THE ACCOUNT CREATED/REGISTERED ON THE WEBSITE
8.1. Your access of the account registered on the Website, will solely be at the discretion of the Company.
8.2. You shall not allow any party other than yourself (or your children for whom the account is created/ registered in case you are a parent/ legal guardian) to use or have access to the account registered on the Website or disclose to any third party any content of the account registered on the Website.
8.4. The Company reserves the right to accept or reject or suspend or put on hold, your registration on the Website.
9. USER COVENANTS
9.2. In the event you are a minor as per applicable law, or if you are barred by any law, in any jurisdiction or bound by any agreement that restricts your right to access the Website, you may not register or contact us through the Website, however, your parents/ legal guardian may contact us on your behalf provided they are compliant to clause 9.1.
9.3. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services, and Cuemath Learning Program.
9.4.1. belongs to another person and to which you do not have any right;
9.4.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
9.4.3. harms minors in any way;
9.4.4. infringes any patent, trademark, copyright or other proprietary rights;
9.4.5. violates any law for the time being in force;
9.4.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly false, offensive or menacing in nature;
9.4.7. impersonates or defames us or any other person;
9.4.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource; and
9.4.9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.
9.5. You are also prohibited from and you agree that you shall not be:
9.5.2. using, copying, mirroring, framing, displaying Cuemath’s Website, Cuemath Learning Program or any content therefrom, without our prior written consent.
9.5.3. violating or attempting to violate the integrity or security of the Website;
9.5.4. transmitting any information on or through the Website that is disruptive or competitive to the provision of the services provided by the Company;
9.5.5. intentionally submitting on the Website any incomplete, false or inaccurate information;
9.5.6. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
9.5.7. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
9.5.8. copying or duplicating in any manner any of the information available from the Website; and
9.5.9. framing or hotlinking or deep linking any contents from the Website.
10. USER’s PERSONAL INFORMATION
10.1. To enroll/register or be part of the Cuemath Learning Program of the Company, you may be required to provide your name, age, mobile or phone number, and/or address; without limiting the generality of foregoing, you are required to provide accurate and complete information.
10.2. You hereby authorize the Company to
10.2.1. use your submitted information to contact you;
10.2.2. maintain a record of your queries, visit of the Website, and/ or feedback; and
10.2.3. use all submitted information by you in such manner, as we may deem fit or necessary.
10.3. User Submissions
You understand that when using the Website, you may be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and you agree and assume all liability for your use. You hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
11. TEACHER’s RELATED
11.1. Eligibility Criteria to become a Teacher
11.1.1. You are not eligible to register as a Teacher if you are a minor in accordance to the applicable law. By registering yourself as Teacher you represent that you are of legal age to form a binding contract under the applicable law.
11.1.2. You should be a graduate with Mathematics discipline.
11.1.3. You should be willing to conduct the sessions/classes at home or at designated premises or digitally.
11.1.4. You have to provide certain information required on the Website. You shall ensure that the information provided by You in the Website's registration form is complete, accurate and up to date.
11.1.5. Every teacher is certified to teach in the relevant markets (whether Indian or International) on completion and continued attainment of specified goals (by Cuemath) for students.
11.1.6. You will not be considered as an employee of the Company at any stage while you are registered as Teacher.
11.2. Facilitation for your registration by the Company
The Company shall allow and facilitate your registering as Teacher, only if You have provided to the Company certain information required, on the Website or otherwise, as may be stipulated from time to time. After the completion of the registration on the Website or otherwise by you and post evaluating and analysing your information, the representatives of the Company will contact You.
11.3. Obligations of the Teacher
11.3.1. You shall establish and maintain such facilities and such appropriate, attractive, accessible premises, if applicable, for running the Cuemath Learning Program.
11.3.2. You shall always perform your obligations in professional, ethical, legal and socially responsible manner and shall not involve yourself in any act involving moral turpitude or any act which may give rise to anti-national feelings or discrimination based on caste, creed, sex or religion or involve in any act which may cause mental or physical injury to any of the students.
11.3.3. You undertake the responsibility of conducting interactive sessions with students and their parents/ guardians with the aim to facilitate an understanding of Cuemath Learning Program and address all academic and non-academic queries / issues raised by the concerned person attending such interactive session to their satisfaction.
11.3.4. You shall not have any claim, whatsoever, on the content relevant to run the program, including worksheets, tablet-based apps, softwares and any other learning material including the logo and brand name of the Company (“Content”) and shall not acquire any right, title or interest in or to the Intellectual Property.
11.3.5. You shall also endeavour to protect the confidential information and goodwill of the Company
11.3.6. You agree to fully indemnify Cue Learn, its directors, its employees, its officers from any claim, damage, loss, decree, order, judgment, expense, liability or financial obligation of any nature whatsoever arising out of your negligence, default, action, omission, breach of any applicable laws and any illegal conduct.
11.3.7. A teacher shall endeavour to support the Company in the marketing and promotion of the Cuemath Learning Program, Suo moto or as desired by the Company for which You and Company may agree to certain incentives.
11.3.8. The teacher is responsible for organizing a Parents Teacher Meetings (PTM) on a regular basis as specified by Cuemath.
11.4. Refund of Affiliation Fee effective from 15 Jan 2021
Applicant(s) are requested to read the refund policy carefully as it is linked to lapse of time.
11.4.1 The enrolment fee is eligible for refund in full If the Applicant(s) wants to exit the course within 20 days of the payment of enrolment fee for following reasons—
i) Not clearing english proficiency test(s) as mandated by Cuemath; or
ii) Not clearing the math or coding tests as mandated by Cuemath teacher onboarding team.
11.4.2 The enrolment fee shall not be refunded, for any reason, whatsoever, in the following cases:
After lapse of 20 days of the payment of enrolment fees; or
Not clearing the mandated test(s) by Cuemath within 20 days of the payment of enrolment fees
After dispatch of Tab to the Teacher by Cuemath
11.4.3 Please note:
i) Tab is dispatched on your successful completion of Online Assessments only.
ii) Once dispatched, tab cannot be returned by the teacher, for any reason whatsoever, to Cuemath.
11.5. Holidays and Pause Policy
11.5.1. In the Cuemath system, no holidays are defined to be exercised by the student or the teacher. However, In the complete tenure/subscription, the teacher will have certain pause units which can be availed.
11.5.2. Cuemath does not observe any holidays in the academic calendar year.
11.5.3. In case of any class missed on a holiday, can be compensated by the teacher at a convenient time in accordance with the student’s convenience.
11.5.4. Compensatory classes are to be completed in the given tenure of the student.
11.5.5. Teachers will get 4 weeks of pause (4 units) in a year which they can exercise with prior information to the Cuemath team and parents.
11.5.6. With every pause, the tenure of every student is extended by the same duration.
11.5.7. Maximum no of pause units which can be used by a Teacher at one time is TWO weeks.
11.6. Student Transfer Policy
11.6.1. Upon request or due to continued unavailability of teacher or lack of adequate quality of class, or at sole discretion of the Cuemath, the student may be transferred to another teacher.
11.6.2. Such a transfer will be with prior consultation with the parents/ guardians of student. Such transfers will be initiated and processed by Cuemath at its sole discretion.
11.6.3. In case of the student transfer, the number of classes of the student remains as it is, depending on the tenure of the subscription.
11.6.4. Student fee per class for the transferred student will be as per the class structure: 1:1 or 1:many.
11.7. Demo Allocation/Conversion Policy
11.7.1. Student demo assignment will be as per the sole discretion of Cuemath and no fees or charges shall be paid for the same.
11.7.2. Demo can be assigned to any teacher, from time to time, depending on the availability of their slot, historical demo conversion, compliance, retention, and such applications.
11.7.3. Cuemath team will be responsible for all follow-ups after the demo is done. A teacher under no circumstance should contact the parent/ guardian for a follow up, until and unless so communicated or requested by the Cuemath team.
11.7.4. In case of a successful demo conversion every attempt will be made to assign the student to the teacher who conducted the demo. If however, for reasons such as unavailability of preferred slots, disciplinary issues, lack of satisfactory class performance, Cuemath may reassign the student to another teacher at its sole discretion.
11.7.5. Last demo taken before payment, will be considered as the successful demo.
12. PARENTs/STUDENTs ENROLLED/SEEKING TO ENROL RELATED
12.1. Information to the Parent
12.1.1. The Company may make available the facility of enrolling Your child/children for Cuemath Learning Program after You have provided the Company information as required by way of a written / online application submitted to the Company (the “Information”).
12.1.2. You shall ensure that the Information provided by You in the Website's registration form or otherwise is complete, accurate and up to date.
12.1.3. If You provide any Information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse or cancel the enrolment of Your child.
12.2. Obligations of the Parent
12.2.1. The fee is payable in advance for the program duration.
12.2.2. You shall pay the tenure fees, as prescribed, in the designated account mentioned on the invoice. If You default in payment of the fees for a successive period of seven (7) days, the enrolment of the student shall stand cancelled and You/Your child will not be entitled to receive the benefit(s) under the Cuemath Learning Program.
12.2.3. You shall be responsible for the conveyance of the Your child/children to and from the premises used for teaching by Teacher to your own premises and vice versa, if applicable. The Teacher or the Company shall not hold any responsibility, whatsoever, with respect to such conveyance to and from the premises, in cases, where applicable.
12.2.4. You shall not have any claim, whatsoever, on the Content provided by the Company and shall not acquire any right, title, or interest in or to the Content.
12.2.5. Where a parent/ student is discontinuing with Cuemath Learning Program, access to the account, app etc shall be suspended.
12.3. Class Related
12.3.1. A class is defined as NO SHOW if the student has not joined the class within 10 minutes of the scheduled start time, the class may be cancelled, without any compensatory class and will be treated as a missed class, fully chargeable.
12.3.2. NO SHOWs are not entitled to a compensatory class. However, with a prior written notice of 12 hours communicated to Cuemath, Cuemath will help you reschedule the class.
12.3.3. For quality purposes, Cuemath will maintain a digital record of the class which will be property of Cuemath always and Cuemath reserve the right to analysis the recorded data for such purpose as may be deemed suitable for enhancement of the course, quality of teaching, class experience etc.
12.3.4. Depending on the tuition fee and the tenure, the student is entitled to get a maximum number of classes within the stipulated period.
12.3.5. For NO SHOW due to technical issues, Cuemath will arrange for compensatory classes if the student/guardian has reached out to the teacher/ Cuemath’s help desk at least 3 hours before the scheduled classes. In case technical issues are experienced during or before the class hours, Cuemath will arrange for compensatory classes, if the reported issue is found true and is validated by Cuemath team.
12.4. Holidays and Pause Policy
12.4.1. In the Cuemath system, no holidays are defined and as such no holiday can be availed by the student. However, In the complete tenure/subscription, the student will have certain pause units which can be availed.
12.4.2. Cuemath does not observe any holidays in the academic calendar.
12.4.3. In case of a scheduled Holiday, the parent will need to avail pause unit and follow the policy applicable on rescheduling of any class.
12.4.4. Students will get 4 weeks of pause in a year (pro rata on tenure) for bookings greater than 6 months tenure. Parents must write to the Cuemath team to avail the applicable pause at least 1 week before the commencement of the pause.
12.4.5. With every pause, the tenure of every student is extended by the same duration.
12.4.6. Maximum no of pause units which can be used at one time is THREE weeks.
12.5. Student Transfer/ Teacher Change Policy
12.5.1. A student transfer can happen under various circumstances such as unavailability of preferred time slots, request for change of teacher, discontinuation of classes from a teacher, teacher pause, etc.
12.5.2. Cuemath on its sole discretion can transfer the student, with prior consultation from the student’s parent/guardian.
12.6. Refund of Student Fee
12.6.1Cuemath Refund Policy allows refund of 100% of Student Fee on prorata basis, for unused classes,– during the tenure of the program enrolled by the student (For example – If the students enrolled for a 6 months tenure program on 1st of January for 48 classes and if the student applies for refund after 12 classes then the Company shall refund for the unused 36 classes which shall be claimed by the student on or before 30th of June which will be the tenure of the program).
12.6.2 The Company shall not be liable for any refund, if the student does not attend the allotted classes within the stipulated tenure and does not claim for refund within the said tenure.
12.6.3 Cuemath will request you to share your bank account details where it can transfer the refund amount and such other documents (for international students), as may be required, to process the refund. Once Cuemath has all the required information, Cuemath will process your refund for unused classes, within 7 working days.
13. CUEMATH’s RIGHT AND OBLIGATIONS
13.1.1. The Company reserves the right to disable such information that is in contravention of Clause 9, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person or otherwise, in writing or through email about any such information as mentioned in Clause 9 above. The Company shall be entitled to preserve such information and associated records, as it may deem fit, for production to governmental authorities for investigation purposes.
13.1.2. The Company may disclose, or transfer information provided by you to its affiliates in other countries, and you hereby consent to such transfer. Please be informed that the SPI Rules only permit the Company to transfer sensitive personal data or information under the SPI Rules including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by the Company as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the user or where you have consented to data transfer.
13.1.3. The Company may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information provided in the Cuemath Learning Program.
13.1.4. Cuemath may terminate your account or restrict your use of the Website for convenience at any time with or without providing you 30 days' notice via email to your registered email address or by any other means.
13.2. Teacher’s Related
13.2.1. The Company reserves the right to refuse Teacher to the new registrants without providing any reasons.
13.2.2. Any information provided by you is found to be untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company reserves the right to not register/ associate you as a Teacher or suspend/ terminate your association with Cuemath as a Teacher, as the case may be.
13.2.3. The Company shall provide content, branding as well as the learning material to the Teacher(s). Company reserves it right to charge for such services from teacher(s).
13.2.4. The Company shall provide You with an online teacher student interface through which You can upload student performances and other parameters required for assessing students. You will be responsible for maintaining the confidentiality of the account information required to login to the interface and are fully responsible for all activities that occur under account. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions, or otherwise.
13.2.5. The Company shall conduct regular training and interaction sessions with Teacher(s) for quality control.
13.2.6. All class logs will be evaluated, and teachers will be given feedback. Cuemath reserves the right to transfer students to other teachers in case of poor-quality metrics, disciplinary issues and any such factor which may impede in the attainment of successful learning outcomes of the student.
13.2.7. Any commercial arrangement between the teacher and the parents/ guardians of the student outside of the parameters of the Cuemath agreement shall be viewed as a serious and material breach of the agreement inviting legal action and termination, apart from teacher being liable for compensation and penalties payable to Cuemath.
13.2.8. To continuously improve the quality, Cuemath shall require teachers to achieve proficiency badges or certifications for continued teaching privileges.
13.2.9. The Company shall provide printed marketing material to the Teacher(s).
13.3. Parent’s Related
13.3.1. The Company shall provide the necessary support to the Teacher(s)s to enable an enriching experience for the students enrolled in the Cuemath Learning Program.
13.3.2. Subject to Article 17 below, any instance of misconduct or misdemeanour by the Teacher against You or Your child/children shall be reported to the Company and the Company shall take reasonable efforts to immediately suspend the association of the Teacher with the Company depending on the veracity of the complaint filed against the Teacher(s).
14.1. All payments hereunder shall be made into the bank account specified in writing on the Invoice.
14.2. For fee payments by the Student - We request all payments through PayPal. We understand that PayPal is a very simple, safe & secure.
15.1. The policy for refund of money (“Refund Policy”) is applicable only to
15.1.1. Fee submitted by Teacher(s) as mentioned in Clause 11.4.
15.1.2. Fee paid by Cuemath Student(s) as mentioned in Clause 12.6.
16. THIRD PARTY INFORMATION
The Website may provide information regarding third party website(s), affiliates, or business partners, contain links to their website/portals and/or any other information. Such information and links are provided solely for the purpose of your reference. The Company is not endorsing the material or any information on the Website, is not responsible for such errors and representation nor the Company is associated with it and you shall access these websites at your own risk. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from the Website, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects, and other items of a destructive nature.
17. INTELLECTUAL PROPERTY RIGHTS
All the intellectual property used on the Website (including the Content) by the Company, service providers or any third party shall remain the property of the Company, service provider or any other third party, as the case may be. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The Website is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. The materials on the Website or otherwise shall not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
18. REGISTRATION AND DATA PRIVACY
18.2. The Company may in relation to the Website, collect information relating to the devices through which you access the Website, and anonymous data of Your usage. The collected information will be used only for improving the quality of the Website and to build new services. You hereby authorise and permit the Company to collect the aforesaid information.
18.3. Policy for NDNC
18.4. The Website allows the Company to have access to registered Users’ personal email or phone number, for communication purposes.
18.5. The Company shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company.
18.6. The User is responsible for maintaining the confidentiality of the User’s account access information and password if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify the Company of any actual or suspected unauthorized use of the User’s account or password. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.
18.7. If a User provides any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to discontinue the right of the User to use the Cuemath Learning Program at its sole discretion.
18.8. The Company may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
19. NON SOLICITATION
19.1. You agree that without Cuemath’s prior written consent you shall not directly or indirectly or through any persons subject to your direction or control;
19.2. solicit or encourage any person to leave Cuemath or Cuemath Learning Program or other service of Cuemath or its Affiliates; or
19.3. otherwise divert or attempt to divert any business from the Company; or
19.4. interfere with the relationships between the Company and any of its customers, teachers, suppliers or others with whom Cuemath have business relationships or otherwise.
The User acknowledges and agrees that the use of Company’s website or Cuemath Learning Program does not, and shall not be deemed to
20.1. direct or control the User generally or otherwise;
20.2. create or establish any employment, partnership, joint venture, principal-agent or any other such relationship, except as may be created or established by execution of a separate valid document in form of a Contract, Agreement or otherwise.
21. AUTHORITY FOR LIMITED USE
Subject to your compliance with these Terms, Cuemath grants you a limited, non-exclusive, non-transferable license to -
21.1. use the Website, Cuemath Learning Program or any services provided by Cuemath;
21.2. download and install Application on mobile handset or computer system or any other electronic means, solely for your own personal and non-commercial use.
22. LIMITATION OF LIABILITY
22.1. In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto (including the Content), even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
22.1.1. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
22.1.2. any unauthorized access to or alteration of your transmissions or data; or
22.1.3. any other matter relating to the Website.
23.1. You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from
23.1.1. your access to or use of the Website in any fraudulent manner;
23.1.2. your enrolment or attending of any course or any loss, damage, injury etc arising thereto to any person or otherwise;
23.1.4. infringement, or infringement by any other user of your account with the Company; and
23.1.5. infringement of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
24.1. The Company may, at any time and without having to serve any prior notice to you, upgrade, update, change, modify, or improve the Website or Cuemath Learning Program or any part thereof in such manner as it may deem fit, and such upgrade, update, change, modify, or improve shall be deemed to be applicable from the time they are posted.
24.3. The Company also reserves the right to alter or remove any content from the Website without any notice and without any liability.
27.2. Any consent by the Company to, or a waiver by the Company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
28. FORCE MAJEURE
Notwithstanding anything to the contrary contained herein, the Company shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, business slowdown, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labour difficulties or civil unrest.
29. ANTI-BRIBERY AND ANTI-CORRUPTION
The User’s acknowledge and undertake that they are and shall always be in compliance with applicable Laws relating to anti-bribery and anti-corruption. They further represent and warrant that they shall not take any action that could result in liability for the Company and/or the Protected Person under any anti-corruption or anti-bribery laws.
30. DISPUTE RESOLUTION AND GOVERNING LAW
30.1.1. the Indian Contract Act, 1872;
30.1.2. the Information Technology Act, 2000 (the “IT Act”);
30.1.3. the rules, regulations, guidelines and clarifications framed under the IT Act, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);
30.1.4. the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”); and
30.1.5. the Consumer Protection Act, 1986.
30.4. CueMath's rights granted hereby are cumulative and in addition to any rights it may have at law or equity.
31.3. The Company, its employees and advisors make no representation or warranty and shall incur no liability to any person, including any User or Teacher, and such User and / or Teacher hereby waive all their respective rights against the Company, if any, under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost, or expense which may arise from or be incurred or suffered on account of -
31.3.2. any statement, action, deed of any nature committed by any User.
31.4. The Company accepts no liability of any nature, whatsoever, whether resulting from negligence, act of imposing corporal punishment on students, any event of physical or sexual harassment or otherwise howsoever caused by Teacher.
31.5. The Company collects, directly or indirectly, and displays on the Website, information, comments, experiences of the Teachers and the Users. Although the Company screens and vets the information and comments collected and /or submitted by the Teacher(s)s and the Users, it cannot be held liable and / or responsible for any inaccuracies or incompleteness represented from it, despite such reasonable effort. The Parties agree that the Company shall have no liability, whatsoever, in respect of any claim that may arise against any party consequently or in relation to any information, comments or statement of any Teacher and / or User which is posted on its Website.
31.6. The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
31.7. The Website is provided to you on “As Is” basis. The Company hereby disclaims all representation(s) and/or warranty(ies), either express or implied, including without limitation, warranties of fitness for particular purpose, title, non-infringement. In addition thereto, the Company makes no representations, warranties or guarantees that:
31.7.1. this Website shall be free from any error, loss, destruction, damage, corruption, attack, viruses, interference, hacking, other security intrusion,
31.7.2. the use or results of the use of the Website (including all of its content) is or will be accurate, reliable, current, and/or uninterrupted, and the Company disclaims any liability relating thereto.
All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service or mailed by registered or certified mail (return receipt requested) or sent via email at [email protected], with due acknowledgment of complete transmission to the following address: Plot No. 7, 80 Feet Road, 4th Block, Koramangala, Bengaluru – 560034.
33. FEEDBACK, QUERIES & CONTACT INFORMATION
Feedback, Queries or comments about the Website, Cuemath Learning Program or any other services provided by the Company shall be directed to the Company at the email address: [email protected]
Ms. Subi John, the designated grievance officer under Information Technology Act, 2000 E-mail: [email protected]