This Agreement is a legal document entered into by and between Educron Private Limited(as
defined herein-below) or Createonlineacademy.com, which would be referred further in this document and should be considered as one and same entity
with respect to this document. hereinafter referred to as “the Seller” and who is subscribing to our Software as a Service for e-teaching and in whose name
the bill is generated, hereinafter referred to as the “Buyer / Customer” (as defined in clause 1 of the said agreement).
Thank you for your interest in our products. In this document, “Seller” means Educron Private Limited and ‘you’
means the Buyer / Customer who has obtained a trial version of software as a service of an e-teaching website, from the Seller.
Ownership and Management:
CreateOnlineAcademy.com is a website owned and operated by Educron Private Limited, a registered firm.
Transactions and Payments:
All transactions conducted on CreateOnlineAcademy.com are managed and processed by Educron Private Limited. Payments for courses, products, or services offered on the website will be processed securely through our payment gateway.
1. General And Acceptance:
BY USING AND/OR VISITING THE www.createonlineacademy.com AND/OR ANY OTHER affiliated WEBSITE(as defined below; collectively, including all
content available through our domain name is owned, maintained and operated by Educron Private Limited
and by USING ANY OF THE SERVICES PROVIDED ON THE WEBSITE (as defined bellow) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS
AND CONDITIONS (the "Terms of Use" or "Agreement") AND THE TERMS AND CONDITIONS OF US AND PRIVACY POLICY, WHICH ARE
PUBLISHED AT http://www.createonlineacademy.com, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of
these terms, then please do not use our Website.
For the purpose of these Terms of Use, the createonlineacademy.com shall be considered as any website which is part of our service offering and which
refers to these Terms of Use as the terms governing the use of such websites.
By using our services, you agree to be bound by this Agreement. You are only authorized to use the createonlineacademy.com Services (regardless of
whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT
CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE CREATEONLINEACADEMY WEBSITE AND DISCONTINUE THE USE OF OUR SERVICES IMMEDIATELY.
2. Purpose:
This agreement sets forth the terms and conditions under which the
parties to the agreement (i.e. the Seller and the Buyer) will provide and
support each other’s rights and responsibilities. The parties’ pledge to
abide by all the covenants enshrined in this document and wishes to
have a promising journey in this legal venture.
By using and/or visiting the http://www.createonlineacademy.com, and/or
any sub-web site of the Seller (as defined in the definition clause), and
by using any of the services provided on the website, you signify your
assent to both these terms and conditions and the terms of
www.createonlineacademy.com, which are published at http://www.createonlineacademy.com and which are incorporated herein by
reference. If you do not agree to any of these terms, please do not use
the site.
The terms of use constitute a binding legal agreement between you as
user (“you”) and the subsidiaries and/or affiliates of
createonlineacademy. The Seller through its subsidiaries shall
collaborate with other affiliates from time to time, in order to facilitate the
delivery of services to its users and to collect payments.
This term(s) of use agreement set forth the legally binding terms for
your use of the www.createonlineacademy.com services and they shall
apply to all users of the createonlineacademy’s website, including
offering content and/or other materials or services on or through the
website. By using the use of our services, you agree to be bound by this
agreement.
In order to participate in certain additional services of ours, you may be
required to agree to additional terms and conditions. The
createonlineacademy offers a wide range of services, and shall be
happy to offer our services to multiple other ventures, including making
of customized software and offering them as online service or other
features. Depending upon your specialised requirements apart from the
options provided to you in the “Do it Yourself” fashion in
createonlineacademy.com to customize the created e-teaching website,
our specialized team can also do the co-ordination work and assist you
to provide you with the best of our services on certain other business
terms. The additional terms and conditions applicable to the
createonlineacademy services, in which you choose to participate, may
be guided by a separate Supplementary Agreement as applicable,
which will be incorporated into this agreement as an integral part hereof.
3. ELIGIBILITY:
Use of and membership of this website, is subjected strictly to the terms
and conditions set forth herein. By using the www.createonlineacademy.com services, you represent and warrant that
all registration information you submit is truthful and accurate.
you will maintain the accuracy of such information.
you are 18 years of age or older.
your use of the services of createonlineacademy.com does not violate any applicable law or regulation.
4. General Conditions:
Your e-teaching website that is created by createonlineacademy is
offered to be displayed in “as-is” condition, and that the
createonlineacademy, thus, does not warrant that it is suitable for any
particular purpose or guarantee the accuracy, correctness or reliability
of any results obtained, excepting for e-teaching purpose and several
other functions described in this agreement. Neither the
createonlineacademy nor any other party involved in supply of this
website services, shall be liable for damages or consequential loss
arising out of its use.
5. Basic Terms and Conditions regarding the usage of the E-teaching website (Software offered as a Service):
The website createonlineacademy.com provided herein, is/are
protected by copyright and/or patent laws. By registering with this
website, you indicate acceptance of the following terms:-
This agreement grants the Buyer the right to claim the money
back within the period of 30-days after the purchase of the
service of the e-teaching website through the
createonlineacademy.com and may leave enjoying its
usufructs. After these 30-days you have no right to claim back
the statutory charges paid by you and can enjoy the E-
teaching website’s Software as a Service, till the period you
have chosen as per the plan selected.
You may not modify, adapt, reverse engineer, decompile or
disassemble this website and the created e-teaching website
to anyone else, without having the prior express condition of
the Seller.
You shall be liable to pay us, the monthly/yearly rental charges
as our customer. The payment may be made in US Dollars
and shall be paid by way of Paypal, credit cards etc.
6. Term:
The initial term of this agreement shall be governed as per the
preferred scheme of the customer. At any time, either party may
terminate this agreement, upon seven (7) days prior written
notice, upon which we would refund you the remaining
subscription amount on pro-rata basis. We reserve the right to
immediately terminate your services, if you are found committing
fraud, slander, a denial-of-service attack, or commits any other
action which it deems inappropriate and in such condition we
won’t be refunding you the remaining subscription amount as
would be the case otherwise.
6.1 Refunds:
Refunds for eligible transactions will be initiated promptly and processed within 7 business days from the date of the refund request. The refunded amount will be credited back to the original payment method used for the transaction.
6.2 Eligibility for Refunds:
Refunds may be issued in accordance with our refund policy. Eligibility for refunds may vary depending on the type of product or service purchased. Customers are encouraged to review the refund policy for specific details regarding eligibility criteria and refund procedures.
7. Expiration:
At the expiration of the Service of the E-teaching software
package, we shall be at the liberty to do any of the acts/activities :-
(a) Re-execute agreements in the form of Purchase Agreement /
Licence Agreement, to re-enable the use of the ‘E-teaching
website services’ with you, as applicable.
(b) In case of any such termination, you, being the buyer /
customer shall be duty bound to return all materials and
documentations, including all the ‘Confidential Information’
(received by us during the course of business transaction)
pertaining to the usage of the web-site services and be
responsible to protect your content that you have uploaded in
the e-teaching website created through
createonlineacademy.com.
8. Third Party Code:
You are responsible for ensuring that all teaching content,
courses, ideas and/or any other item used to create the e-
teaching website thereon are completely of your own making.
9. Online Sharing through Third Party Services:
www.createonlineacademy.com enables you to share your E-
teaching website creations and/or user content through third party
websites, blogs or email systems. When sharing your creations
through third party services, you shall be duty bound to comply
with all provisions of this agreement. You are also required to
comply with the terms of any of the services through which you
are sharing your creation.
You are fully aware of the fact that we shall not have any
responsibility or liability with regard to any third party services
used by you or through your formed web content, such as
payment and e-commerce service, and any use of such third
party services shall be at your own responsibility and liability. You
further acknowledge that the providence of technical ability to link
such services (such as the possibility of a ‘PayPal’ button), is
provided only as a part of the services but shall not be deemed as
to create any liability or responsibility on behalf of
createonlineacademy.
10. Ownership of Content
(A) www.createonlineacademy.com does not have the ability to
determine the actual owner of content created and/or uploaded to
the E-teaching Website created.
Accordingly:
(i) in respect to content (such as multi-media teaching content and
courses) created and/or uploaded to the Website by the User (for
which createonlineacademy has not been paid for), the owner of
such content shall be considered as our User listed as the owner of
the createonlineacademy’s account under which the content has
been created or uploaded to the created E-teaching Website;
(B) (ii) in respect to websites created on createonlineacademy’s Website
and which have an external URL (i.e. a domain name imported or
opted as part of a our functionality) the createonlineacademy shall
consider the owner of such website as the person or entity
registered as the owner of the domain according to the WHOIS
database as provided on the www.whois.com.
(C) www.createonlineacademy.com shall not provide any information
and/or details regarding any content created or uploaded to the
Website other than to the owners of such content as determined
above.
11. Title and Ownership Information:
The title, ownership rights and intellectual property rights in and to
the created e-teaching website and createonlineacademy.com
shall remain with the owner of the respective web-users. The
websites are protected by copyright law and international
copyright treaties. The title, ownership rights, and intellectual
property rights in and to the content accessed through the
createonlineacademy.com website are the property of us and
may be protected by applicable copyright or other law. The
created E-teaching website is provided to you for online teaching
and/or rendering e-courses before others. You shall have every
authority to sell, rent, lease or sub-license the services of your
inventions to any other entity or juristic concerns without our prior
express consent and/or approval.
12. Intellectual Property Rights:
The Content on the createonlineacademy.com’s Website, is
subject to copyright and other intellectual property rights under
local and international laws conventions. To the best of its
knowledge, createonlineacademy uses only Content which is
allowed and permitted for use by the owner/s of the copyrights
and other intellectual property rights therein. Content on the
Website is provided to you AS IS only and it may not be used,
copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other
purposes whatsoever without the prior written consent of the
respective owners (if such consent is required). You agree to not
engage in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use, copying,
or distribution of User Content of third parties obtained through
the website for any commercial purposes. You agree not to
circumvent, disable or otherwise interfere with security related
features of our Website or features that prevent or restrict use or
copying of any Content or enforce limitations on use of the
createonlineacademy.com Website or any of the Content therein.
13. Prohibited Uses:
In addition to all the above prohibitions, you agree that you will
NOT knowingly use the Service, among other things, to:
(a) harm minors in any way;(b) impersonate any person or entity, or falsely
state or otherwise misrepresent your affiliation with a person or
an entity;(c) upload, post, email, transmit, or otherwise make
available any content that You do not have a right to make
available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary, and
confidential information learned or disclosed as part of
employment relationships or under nondisclosure
agreements);(d) upload, post, email, transmit, or otherwise make
available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;(e) "Spamming" to promote your
website or Content, or engaging in unethical marketing,
advertising, any other practice connected in any way to "spam"
including, sending content or emails which do not comply with the
IT Laws;(f) upload, post, email, transmit, or otherwise make
available any material that contains software viruses or any other
computer code, files, or programs designed to interrupt, destroy,
or limit the functionality of any computer software or hardware or
telecommunications equipment; or(g) intentionally or
unintentionally violate, attempt to violate, or avoid any applicable
internet regulation or policy; You agree to indemnify and hold the
Educron Private Limited (as
owner of createonlineacademy.com) harmless from any claims
resulting from the use of the Services which damages you or any
other party. Educron Private
Limited(as owner of createonlineacademy.com) reserves the right
to investigate you, your business, and/or your owners, officers,
directors, managers, and other principals, your sites, and the
materials comprising the sites at any time in case we receive
complaints regarding such violations by you.
14. General Undertakings
You accept sole responsibility for all of your activities using the
Website, including your conduct on the site and any and all
content you may submit, post or share via the created e-teaching
Website. You will not use the createonlineacademy.com services
for any unauthorized or illegal purpose. You will be responsible
for ensuring that you do not violate any laws of your jurisdiction,
including but not limited to copyright laws. You will not upload or
transmit viruses, worms or any other destructive code.
15. Reservation of Rights & Limited Warranty:
We reserve to you all rights in and pertaining to the usage of the
created e-teaching website not expressly granted to you in this
agreement.
The Educron Private Limited,
the authorized creator of createonlineacademy.com, also
warrants that the media on which the created e-teaching website
is displaced will be free from defects in material or workmanship
and further warrants that the website will perform substantially
well and perform following services, as may be required by you.
However, we MAKE NO OTHER WARRANTIES, EXPRESS,
IMPLIED OR STATUTORY, AND DO NOT WARRANT THAT
THE WEBSITE WILL BE MERCHANTABLE OR FIT FOR ANY
PARTICULAR PURPOSE, excepting for online training/teaching
and e-commerce.
16. Term:
This license granted to you by us is effective until terminated. You
may terminate it at any time by serving 15 days statutory notice,
as prescribed. The provision of this agreement, which protects
the proprietary rights of us, shall continue in force after
termination. Termination of this agreement, either voluntary or
involuntary does not entitle you to refund of the purchase cost,
except as provided elsewhere in this agreement.
17. The createonlineacademy Website:
The createonlineacademy website will create your e-teaching
website which contain third party content and links and services
to/from third party websites like webinar, payment gateways etc.
that are not owned or controlled by us. createonlineacademy.com
has no control over, and assumes no responsibility for the
content, privacy policies or practices of any third party content or
websites or any of their contents. In addition, we will not and
cannot censor or edit the content of any third-party site. By using
the website created by createonlineacademy.com you expressly
relieve us from any and all liability arising from your use of any
third-party website. Accordingly, we encourage you to be aware
when you leave our website and to read the terms and conditions,
and privacy policy of each other website that you visit.
18. Website Access:
A. We hereby grants you permission to use the website, as
created by createonlineacademy.com as set forth in these
terms of use, provided that: (i) you will not alter or modify any
part of the website other than as may be reasonably
necessary to use the website for its intended purpose and/or
in a manner allowed by us; and (ii) you will otherwise comply
with the terms and conditions of these terms of use.
B. In order to access services and features of our website, you
will have to create an account. When creating your account,
you must provide accurate and complete information. You are
solely responsible for the activity that occurs on your account,
and you must keep your account password secure. Although
the createonlineacademy.com will not be liable for your losses
caused by any unauthorized use of your account, you may be
liable for the losses of us or others due to such unauthorized
use.
C. Linked Third Party Content: createonlineacademy.com
enables you to link to and upload images, animations, videos,
audio, fonts, files, links and other content hosted on third party
into your created content. In such a case, the use of such third
party content shall be subject to the compliance with the
provisions of those terms of use and in addition the terms of
use / end user agreement of the third party owning or
providing the used content.
D. Third Party Content: You may provide your contents in the
created e-teaching website from any third-party website such
as pictures, fonts, graphical items which are subject to
proprietary rights of third parties. (“Third Party Content”).
19. Access to and Use of Confidential Information:
You, being the customer of us, after receiving confidential
information from the seller, agrees (i) that it is claimed to be a
trade secret of the other party; (ii) not to disclose except as
necessary and consistent with the terms of this agreement; (iii)
to limit the use of and access to such confidential information to
only those employees who have a need to know, and (iv) that it
will immediately notify the other party in writing of any
unauthorized disclosures and/or use thereof. Such notice shall
include a detailed description of the circumstances of the
unauthorized disclosure or use and the parties. In any event of
termination or expiration of this agreement, each party will,
within five (5) business days return to the other party such
party’s confidential information.
20. Intellectual Property Infringement Indemnity:
You being the buyer / customer will defend and hold the Seller
harmless in any suit or proceeding based on a claim that any
equipment, products or services transacted under this
agreement of availing the services of e-teaching website,
constitutes infringement of any copyright, patent or trademark.
The buyer / customer will pay all settlements or damages
awarded against the seller, provided that the seller (i) informs
the customer of such suit or proceeding in writing and within
thirty (30) days of actual notice of a claim, and provides the
buyer / customer with all related information, (ii) grants the
customer the authority to settle or litigate such suit or
proceeding, and (iii) provides all necessary assistance to the
customer.
21. Copyright, Patents, Trade Marks and Other Intellectual Property Rights of the Seller:
(a) You, being the customer / buyer of ours, agree that this
agreement is not intended to transfer any intellectual property
rights to anyone or third parties, without obtaining the express
consent of the seller. You, further agree to accept and be
bound by the terms of the standard form of statutory
regulations, and subject to the payment of license fees (if
applicable)
(b) You also agree that all copyright, trade-marks, patents and
other intellectual property rights created, developed, subsisting
or used in or in connection with the parent website (i.e.
http://www.createonlineacademy.com) shall remain the sole
property of us i.e. Educron
Private Limited.
(c) You agree that you shall/will not, during or at any time after
completion, expiry or termination of this agreement in any way
question or dispute the ownership of or right to use those
intellectual property rights of us.
(d) If new inventions, designs or processes evolve in performance
of or as a result of this development, you acknowledge and
agree that it shall be the property of ours, unless otherwise
agreed in writing.
(e) You shall not adopt, use or register any words, phrases or
symbols which are identical to or confusingly similar to the
Mark.
22. Ownership of Content:
A. We permit the submission and uploading of Content submitted
by you and other users ("User Content") and the hosting,
sharing, and/or publishing of such User Content.
B. YOU UNDERSTAND THAT ALL USER CONTENT IS/ARE
UNDER THE SOLE RESPONSIBILITY OF THE USER
UPLOADING SUCH CONTENT. YOU, AND NOT
CREATEONLINEACADEMY, IS/ARE ENTIRELY
RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD,
POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA
THE SERVICE. CREATEONLINEACADEMY DOES NOT
CONTROL THE CONTENT POSTED VIA THE SERVICE
AND BY YOU, AS SUCH, DOES NOT GUARANTEE THE
ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT
OR THAT ITS UPLOADING DOES NOT INFRINGE ANY
THIRD PARTY RIGHTS.
C. WHILE WE ARE NOT RESPONSIBLE FOR AND DOES NOT
REVIEW THE USER CONTENT, WE RESERVE THE RIGHT
TO DELETE ANY SUCH USER CONTENT THAT IT DEEMS,
IN ITS SOLE DISCRETION, RACIST, HURTING,COPYRIGHT
INFRINGEMENT, ABUSING, ILLEGAL, OR UNACCEPTABLE
ACTS OR ACTIVITIES. The createonlineacademy.com shall
provide you with the reasons/causes of deletion and on being
satisfied that you are guilty of breach of conduct, the relevant
contents thereof shall be deleted.
D. Createonlineacademy.com does not claim any intellectual
property rights over the User Content and any such Content
shall be considered as granted the rights under the user for
the copyrights in the appropriate e-teaching website created
by the createonlinecacdemy.com website.
E. IN CONNECTION WITH USER CONTENT, YOU FURTHER
AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT
IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD
PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY
AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER
OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR
RIGHTFUL OWNER TO POST THE MATERIAL AND TO
GRANT YOUR AND/OR ANY OF ITS USERS ALL OF THE
LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH
FALSEHOODS OR MISREPRESENTATIONS THAT COULD
DAMAGE ABC OR ANY THIRD PARTY; (III) SUBMIT
MATERIAL THAT IS UNLAWFUL, OBSCENE,
DEFAMATORY, LIBELOUS, THREATENING, CHILD
PORNOGRAPHY, HARASSING, HATEFUL, RACIALLY OR
ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT
THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE,
GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW,
ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS
OTHERWISE INAPPROPRIATE; (IV) IMPERSONATE
ANOTHER PERSON.
F. If you become aware of misuse of the our Services by any
person, please contact our team-members (according to the
contact information in Section 24 below) or by email to
info@createonlineacademy.com or reach at our legal cell @
legal@advocatesdutt.com / dutt.saptarshi@gmail.com
The createonlineacademy.com does not endorse any User
Content or any opinion, recommendation, or advice expressed
therein, and expressly disclaims any and all liability in
connection with User Content
23. Security:
You are responsible for maintaining the security of your account
and content, and you are fully responsible for all activities that
occur under the account and any other actions taken in
connection with the website. You agree to immediately notify us
in writing of any unauthorized uses of your account or any other
breaches of security. The createonlineacademy.com cannot and
will not be liable for any loss or damage from your failure to
comply with this security obligation. You also acknowledge and
agree that under no circumstances will createonlineacademy.com
be liable, in any way, for any acts or omissions by any
createonlineacademy. User or other third party, including any
damages of any kind incurred as a result of such acts or
omissions.
24. Indemnification by the Buyer / Customer:
You, being the Buyer / customer shall indemnify, defend and
hold us (i.e. the seller, its officers, directors, shareholders,
employees, insurers, attorneys, successors and assigns
harmless against any and all claims for costs, damages,
expenses (including reasonable attorney’s fees) or liability
arising out of or related to the acts or omissions of the
buyer/customer, its employees, representatives or agents.
25. Security and Viruses:
Please note that we use the best of its ability to protect all data
from external and unauthorized party access by the use of
firewalls, encryption and 3rd party security consultants.
Additionally, it also uses the best of its ability to protect site users
from viruses via virus scanning software. No security system
and/or virus system is 100% effective. Should sensitive data be
confirmed as compromised, or a virus discovered on this e-
teaching software as a service system, the Seller through its
authorized agents/representatives will alert the affected customer
via e-mail and also inform us at info@createonlineacademy.com.
Given the nature of these matters, should a security compromise
or virus incident occur, you agree that the
createonlineacademy.com is not liable for the incident nor for any
repercussions of such an incident.
26. General Terms and Covenants:
(a) Assignment: You shall not assign or transfer
this agreement without having our prior express consent, while
we which shall not be unreasonably withheld. Any attempted
assignment shall be null and void.
(b) Excused Performance: Neither party shall be liable
for failure to perform its obligations under this agreement for
causes beyond its reasonable control.
(c) Governing Law; Attorneys’ fees: This agreement shall be
governed by and interpreted in accordance with the laws of
the Maharashtra, India.
(d) Notices: Notices shall be sufficient only if sent by certified mail
or any other acceptable mode of law.
(e) No Waiver: The failure of either party to enforce any of the
provisions hereof shall not be construed to be a waiver of the
right of such party to thereafter enforce any such provision.
(f) Unenforceable Provisions: If any term of this agreement is
found to be unenforceable, the remaining portions of this
agreement, shall remain effective, provided that the parties
agree to negotiate in good faith substitute enforceable terms.
(g) Modifications, Special Agreements, Entire Agreements: None
that the Seller reserves the right from time to time to amend;
modify or change this agreement. You will have the right to
continue with the old terms until the time period of your service
plan expires. When this happens, the Educron Private Limited shall notate the new
information clearly and post a notice to this effect in the ‘news’
section of the site about the update. Due to the majority of
parties requesting not to be contacted via email about updates
to the site, email notice will not always be given. If any
modification is unacceptable to the customer, the only
recourse that is available to the customer; is to rescind this
agreement by providing a statutory notice to the Seller.
(h) This agreement is the entire understanding between the Seller
and the Customer with respect to the subject matter of this
agreement, and therefore supersedes all (i) proposals, oral or
written; (ii) negotiations, conversation or discussions between
the parties and (iii) industry custom or past course of dealing,
pertaining to the subject matter.
27. Disputes & Arbitration:
Any controversy or claim arising out of or relating to this agreement
or our services shall be settled by binding arbitration in accordance
with the Arbitration Act following the UNICTRAL rules as specified. It
is clearly understood by and between the parties, that every matter
in the controversy shall be settled by a Sole Arbitrator, appointed by
Educron Private Limited, having its corporate office at 6th Floor, Sadoday Complex, Darodkar Square, Central Avenue, Nagpur, Maharashtra, India - 440002. Appointment of
the Sole Arbitrator shall be governed and/or conducted in
accordance with the Arbitration & Conciliation Act. Every matter in
the controversy shall be settled by a Sole Arbitrator. In the event
Court action is required to enforce this agreement to arbitrate, the
parties hereby consent to the exclusive jurisdiction of the Courts of
Maharashtra. Language of the arbitration proceedings shall be
English. The award of the Sole Arbitrator shall be final and binding
upon both the parties.
28. Other Incidental Clauses:
(a) Reasonable Behaviour: Each party will act in good faith in the
performance of its respective responsibilities under this agreement and
will not unreasonably delay, condition or withhold the giving of any
consent, decision or approval that is either requested or reasonably
required by the other party in order to perform its responsibilities under
this agreement.
(b) Assignment: Neither party may assign or otherwise transfer this
agreement or any of the rights that they grant without the prior written
consent of the other party. Any purported assignment in violation of the
preceding sentence will be void and of no effect. This agreement will
be binding upon the parties’ respective successors and permitted
assigns.
(c) Integration: This agreement, including all the Exhibits, if any,
constitutes the entire agreement between the parties, and supersede
all other prior or contemporaneous communications between the
parties may be modified or amended solely in a writing signed by both
the parties.
(d) Privacy & Secrecy: We shall not disclose your ideas, inventions or
patented contents to anyone without obtaining your express
permission. We also warrant disclosing any of your content to any third
party without having your express permission, shall give you liable to
claim for damages from us. Onus of designing and maintaining the
privacy policy on your created e-teaching website is solely on you and
we provide you all the tools to manage the privacy policy on your e-
teaching website.
(e) Guarantee / Special features: We pledge to provide you the
features and services to you as stated in the pages of the
createonlineacademy.com ,which we believe will do wonders for your
business of online teaching. The list of such special services that we
undertake to do, are separately listed in Exhibit ‘1’.
(f) Order of Precedence: In the event of any conflict by or between
and/or amongst the provisions contained in this agreement, the
following order of precedence will govern: (a) Service Requests; (b)
Exhibits to the Agreement other than Service Requests; (c) this
agreement, exclusive of its Exhibits.
(g) Amendments/Further Modifications: We reserve the right to amend or
modify the terms of this agreement. The alterations, made to this effect
shall be reflected in the http://www.createonlineacademy.com and you
will be intimated beforehand of such alterations. We are open to
suggestions and shall not coin any such rules that shall directly
prejudice your business.
(h) Force Majeure: Neither party shall be liable for any losses
arising out of the delay or interruption of its performance of obligations
(other than payment obligations) under the agreement due to any act of
God, act of governmental authority, act of public enemy, or due to war,
riot, flood, civil commotion, insurrection, severe weather conditions, or
any other cause beyond the reasonable control of the party delayed
(collectively called Force Majeure Event). Upon the occurrence of any
or all of the Force Majeure Event, the non-performing party shall be
excused from any further performance or observance of the affected
obligation(s) for so long as such circumstances prevail and such party
uses commercially reasonable efforts to recommence performance or
observance whenever and to whatever extent possible without delay.
Any party so delayed in its performance will immediately notify the
other by telephone or by the most timely means otherwise (within 2
business days of the inception of such delay) available and describe in
reasonable detail the circumstances causing such delay.
29. Customer Service Contact:
To get in touch with our customer service – please use any of the options listed below :-
(a) Send an e-mail message to: info@createonlineacademy.com;
(b) By Phone: During normal business hours;
1. No knowledge of Computer Programming is required and yet you get a
separate online Academy with your Own URL and Design in a “Do it
yourself” manner.
2. You get a ready-made e-teaching website backed with Learning
Management System and Webinar functions with which you can
conduct live classes online.
3. You can take fool-proof tests and interviews without the need of an
invigilator or additional support to ensure a true online test.
4. Your e-teaching website will be available for online teaching from mobile
and pads.(Responsive template)
5. The Course will be consisting of ‘Sections’, ‘Lectures’ and ‘Quizzes’
where contents of any format can be very easily inserted by you.
6. You can set mandatory reading time for your contents and also earn
profit (we won’t charge commission for that) by selling those
downloadable contents online in your own e-teaching platform, created
by us.
7. After creating the website we also guarantee full support (under judicial
oath) to help you design the website, in case you need and that too
without any extra cost.
8. After you get the website done by our system you can create unlimited
number of courses and users comprising of any number of Sections and
Lectures.
9. E-teaching website will have PayPal integrated where you can add your
account and start earning from the online courses and classes.
10. You will get a Free One Month Trial.
All Features
1. Our unique software system will generate a fully customizable e-
teaching website for you( only with the templates which we have
provided).
2. Your Online Academy will have an advanced Learning management
system.
3. Your Online Academy will also have webinar system embedded to take
Live classes
4. Systems for taking full-proof online exams and Certificate designing are
also embedded.
5. You may choose your own domain name for your e-teaching website.
6. Your e-teaching website will be available for online teaching from mobile
and pads.(Responsive template)
7. No computer programing is required and you can design your own on-
line Academy.
8. Your Website will be hosted on our Server, which is fast (on Content
delivery network) and secured. Thus even no hassle for server
management and hosting at your end.
9. Unlimited number of users (students and partner teachers) may register
in your on-line academy.
10. E-teaching website will have PayPal integrated where you can add your
account and start earning for the online courses and classes.
11. No hidden costs and the plans include all the features.
12. DIY interface of customizable template will be available in your E-
teaching website. You may choose name of pages as desired and fill up
the contents which can be in any forms of media.
13. Even then we guarantee full support to help you design the website, in
case you need and that too without any extra cost.
Features of Learning Management System
1. At the start the E-teaching website created by you will have blank
learning management system.
2. You can create unlimited number of online courses there.
3. The course will be consisting of Sections and Chapters, where content
can be very easily inserted by you.
4. Course content can be any of type of media- text, photo, video, flash
programs, etc. in nearly all type of formats.
5. Layout of the content is fully customizable.
6. Mandatory reading time setting for contents (contents and their
supporting files like those in format of ppt,pdf, video,text,etc) can be
configured to an exact time limit so that the student cannot just skip past
them without actually reading.
7. You may schedule live webinars in the courses.(features of which are
provided Separately “Features of Webinar System (link) )
8. The courses are downloadable and you can earn from that too.
9. Unlimited number of users (Guest Teachers and Students) may join
your academy.
Features of Webinar System
1. Seminar on web, also known as Webinar, lets you conduct live
session with your students.
2. The time for the webinar booking depends on the availability of the
service at that time,if not available at the desired time period ,you
may be required to change the time of the live class session
(webinar)
3. You will have full control over the classes, i.e. you can give
permission to students to come on video, share files, etc.
4. In itself webinar function is a Learning management system where
you can share contents while taking live classes in the fashion of
video conferencing.
5. You will get features like unlimited number of blackboards for
comprehensive online teaching.
6. Any type of content (text, video, photo, power point, pdf etc.) and in
every possible format can be uploaded in the library and shared
during session.
7. Video streaming, Polls and short test can be conducted in the live
classes in the webinar.
8. Webinar class can be recorded and embedded in the main learning
management system.
Features of full-proof test taking system
Online tests are always been doubted for their authenticity and extra
vigilant environment with dedicated computers and supervisors are
needed to ensure the true test.
However, our system, ensures that you can take a true test without the
need of an invigilator or special computer system to ensure a true online
test.
1. You may design test papers in several available templates including
MCQs and Broad Questions.
2. You can also ascertain that the examinees cannot copy/paste contents
by disabling the options.
3. Your system will take camera shoots of examinee, periodically to let you
assess the intentions and attitude of examinee while taking test. That
time period of taking camera shots will be configured by you.
4. System will also take Screen shots of the computer of the examinee,
periodically to assess that he/she was not looking elsewhere while
taking exams. Again the time Period of taking screen shots will be
configured by you.
5. All these records will be stored and is thus useful for any audit of your
on-line academy.
Other useful details
1. You may let other partner teachers to join your online academy and sell
their courses at your website. You may configure for automatic payment
to claim a share of their (partners’) total sale amount.
2. Your website will get periodically updated with new features without you
having to apply for them.
3. You will automatically get all the easy tools integrated for having an
effective student- teacher interaction.
Upcoming updates
1. Automatic social network integration of your online academy for easy
sharing of your events, contents and marketing of your academy and
courses.
2. Forum functionality so that you may configure a public forum inside your
website for the students, visitors.
Create And Sell Online Courses. Start Earning Today.
