Last updated on: June 19, 2022
These Terms and Conditions (“Terms” or “Agreement”) is made and entered into by and between EdVanna(“EdVanna”, “we”, “us”, or “our”), a corporation organized and existing under the laws of the United States of America (USA), with its head office located in 8 The Green Dover, DE 19901,and any person (“User”, “you” or “your”) who accesses and uses the Platform (including the Learner and the Instructor), and by clicking a button or checking a box marked ‘I Agree’ has agreed to all the Terms.
You are required to read and accept this Agreement before you may use the Platform and/or the Platform Services. By visiting, accessing and/or using the Platform, we understand that you have fully read, understood, and accepted this Agreement. In addition, when you use any current or future version of the Platform or avail any of the Platform Services or click the "I Agree" button on the Platform, it will constitute a symbol of your signature. You hereby acknowledge and admit that you have read, understood, and accepted to be bound by these Terms, as may be modified by EdVanna from time to time. Any amendments or variations thereto shall take effect from their date of publication on the Platform.
EdVanna and the User may be referred to as a “Party” individually and the “Parties” collectively.
In this Agreement, (i) capitalized terms defined by inclusion in quotations and/or parenthesis have the meanings so ascribed; and (ii) the following terms have the meanings assigned to them herein below:
1.1 “Account” means the account that Users are required to create through the Platform to use the Platform Services;
1.2 “Course Content” means the content developed by Edvanna and the Instructor, individually or collectively, and made available to the Users via the Platform;
1.3 “Instructor” means a User qualified to teach and develop Online Courses in the language they have registered for on the Platform (including native speakers);
1.4 “Learner” means a User who creates his Account to engage and learn from the Online Courses provided via the Platform;
1.5 “Live Session” means an scheduled video call whereby the Learner can interact with Instructor (including native speakers) in real time from his Subscription Service;
1.6 “Online Course” means the courses and classes developed by Edvanna and the Instructor, individually or collectively, and made available to the Users via the Platform;
1.7 “Platform” means the Website and/or EdVanna’s application for mobile devices;
1.8 “Platform Services” means the online services (including Online Courses) provided by EdVanna;
1.9 “Subscription Service” means accessing Online Courses as per Clause 9 of this Agreement;
1.10 “Website” means www.edvanna.com.
To access our Platform, you must:
2.1 Have attained the age of majority and not disqualified from entering into contracts under any law;
2.2 give permission to your ward who is under the age of eighteen (18) or the age majority under applicable law to access the Platform. Please note that when the Platform is accessed by you or your ward, we cannot know if you have given permission to your ward for accessing the Platform. If the Platform is accessed by a User, we assume that such User is eligible to use the Platform;
2.3 complete the registration process;
2.4 agree to our Terms and other policies; and
2.5 provide true, complete, and up to date legal and contact information;
2.6 By using the Platform, you represent and warrant that you will use Platform only for non-commercial purposes;
2.7 By using the Platform, you represent and warrant that you meet all the requirements listed above, and that you won’t use Platform in a way that violates any laws or regulations. We may refuse service, close accounts of any users, and change eligibility requirements at any time; and
2.8 By accepting these Terms, you represent and warrant that you are qualified concerning the conditions stated herein therefore are permitted to use the Platform. If you do not meet any of the conditions stated herein you shall not access/use the Platform and must cease to be a User.
The Platform is an online place where Learners can sign up on the Platform and enrol in various online Courses uploaded by us on the Platform. Learners can also opt for live study sessions hosted by our partner Instructors registered on our Platform. It is important to us that you stay safe when accessing or using the Platform. Therefore, we urge you to read, understand and strictly follow our Code of Conduct prior to accessing and using our Platform.
4.1 Users of the Platform (unregistered) shall have limited access to the Platform. In order to use the Platform and it’s features in their entirety; Users will need to register on the Platform as Learners or Instructors.
4.2 The Platform uses in-built tools APIs and software to enable you to interact with each other. You hereby through this reference, agree not to interact with each other (Instructors and Learners) in any way with the exception of the Platform. You may interact with our Instructors through chat, voice-call and video-calls through our Platform. All conversations between the Learners and the Instructors may be recorded and you, hereby through this reference give us permission to record the conversations that may take place between you and the Instructors on our Platform.
5.1 Registration. Learners can register on the Platform to gain access to the Platform features such as online Courses, online classes conducted by our Instructors. Registration is done by filling a simple form and submitting your basic details as required in the registration form. Our registration process is subject to change from time to time. The Learner will be able to book a demo online class post completion of registration. If the Learner is interested to continue the online classes, they will be able to do so by making payment to us through the Platform using any of the following means including without limitations, credit card, debit card, wallets like Paytm, etc. Payment modes accepted by us may change from time to time.
5.2 Once the Learner is enrolled in the respective Course or online classes, Learners shall be given access to the Course or online classes through any means as may be decided by us from time to time. We may also choose to provide the Learner access to the Course or online classes by sharing a link via email.
5.3 Payment. The Learner have the option to pay for each Course or subscribe to the online classes by selecting the packages as available on the Platform.
5.4 The Learners can purchase various online Courses through the Platform (prices mentioned on the Platform) to gain a limited time access (duration as mentioned on the Platform) to the Courses.
5.5 Curated Online Classes. All Online Courses are curated by us and our Instructors. In the event a Learner is dissatisfied with the services provided by an Instructor, they may request a refund, which shall be refunded at our sole discretion.
5.6 Duration of Online Courses. The duration of access to the Online Courses may be limited. The Online Courses may be removed by us from the Platform at any time for any reason without notice to you.
5.7 Learner Content. Throughout your use of the Platform and the Course Content, you may be able to provide content to the Platform by uploading notes and replies, Learner discussions, profile pages, other content and media for social interaction, and written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “Learner Content”).
With respect to any Learner Content you submit to us or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit such Learner Content on the Platform and/or in the Course Content, with the right to sublicense such rights for any purpose associated with the provision of the Platform and the Course Content. We reserve the right to remove any Learner Content without notice at any time and for any reason.
5.8 Interaction. Learner shall not contact or attempt to contact our Instructors outside of the Platform in any way.
5.9 Links. Learner agrees to not post links to any third-party websites or any other hyperlinks that may redirect other Users from our Platform to third-party websites.
5.10 Contact Details. Learner shall not post your contact details which may include without limitation, your phone number, email, address, on any part of our Platform unless otherwise required by us.
5.11 Courtesy. Learner agrees to be courteous and refrain from using abusive language towards us or our Instructors.
5.12 Compliance with the Law. Learner agrees to access and use the Platform only for lawful purposes and Learner’s use of the Platform is in no way unlawful or fraudulent and does not have the intention or effect of damaging us or our Instructors either reputationally or financially.
5.13 No Modification. Learner agrees not to alter or modify any part of the Platform.
5.14 Access to Platform. Learner agrees not to access the Platform through any technology other than the software (if any) provided by us or enabled via API’s or other generally available third-party web browsers such as Chrome, Firefox, Safari or Internet Explorer;
5.15 Platform Safety. Learner agrees not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.16> Platform Restrictions. Learner acknowledges and agree that we may stop (permanently or temporarily) providing the Platform (or any part of the Platform’s content) to the Learner generally for whatever reason, at our sole discretion, without prior notice to you.
5.17> Learner Responsibility. Learner agrees to be solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
5.18 Non-Commercial Use. Learner agrees to completely refrain from sharing the Platform content or use the Platform content for commercial purpose.
5.19 Registering on behalf of minor. Learners shall have the option to register on behalf of children who are below eighteen (18) years of age.
5.20 Breach Of Terms. We reserve the right to ban the Learner for any reason in case we discover that you have breached the Terms.
Learner hereby through this reference agrees to abide by our Code Of Conducts.
6.1 Registration. To register with us on our Platform the Instructors will need to fill a form and go through a simple registration process. The Instructor will need to (including without limits) highlight their experience, education, and subject expertise. Instructors can then choose a time slot for hosting a demo online class which shall be attended by EdVanna personnel. If and when the Instructor is approved by EdVanna, The Instructor’s profile on the Platform shall become live and visible to the Learners and the Users.
6.2 Payment. The Instructors may be remunerated by EdVanna through revenue sharing by entering into separate revenue sharing agreements in the ratio as agreed upon by the Parties (“Relevant Agreement”). We will disburse the amounts due to the Instructors (“Instructor Share”) at the end of every month or as may be provided in the Relevant Agreement. For more information on how we calculate the Instructor Share please contact us on contact@edvanna.com
Nothing in these Terms shall function in such a manner to entitle the Instructors to any other amounts with the sole exception of the Instructor Share.
6.3 Training. In the event an Instructor is not able to understand how to use the Platform or any of its features, they may contact us at contact@edvanna.com. We may provide a training session to the instructor at our sole discretion at a time slot which may be decided by us.
6.4 Punctuality. The Instructor agrees to be punctual and conduct online classes on the time slots allotted.
6.5 Online Courses, Online Classes and Live Sessions. The Instructors shall be required to provide online classes to the Learners (on the time slots chosen by the Instructor) as well as engage in Live Sessions as part of the Online Course. The time slots for Live Sessions may vary from time to time.
6.6 Absence. The Instructor shall inform both EdVanna and the Learner at least twelve (24 hours before, in the event that they are unable to conduct a Live Session on a particular time slot. The Instructor may inform EdVanna by admin@edvanna.com
6.7 Vacation. The Instructor shall inform EdVanna two weeks in advance to the day(s) when a continuous leave of absence is required.
6.8 Interaction. The Instructors shall not contact or attempt to contact Learners outside of the Platform in any way.
6.9 Communication. The Instructor agrees to keep EdVanna informed as to where the Instructor may be reached by telephone or mobile phone without unreasonable delay, in the event of any change in the contact information or otherwise.
6.10 Links. The Instructors agree to not post links to any third-party websites or any other hyperlinks that may redirect users from our Platform to other websites.
6.11 Contact Details. The Instructors shall not post contact details which may include without limitation, phone numbers, email, address, on any part of our Platform unless otherwise required by us.
6.12 Courtesy. The Instructors agree to be courteous and refrain from using abusive language towards us and the Learners.
6.13 License Grant. The Instructors hereby grant us the right to exploit the content you may submit to us (including Live Sessions) through the Platform or otherwise, in any way throughout the world (“Course Content”). You agree that EdVanna shall own all intellectual property rights with respect to the Course Content and that the Instructor shall not assert their rights (which may arise) upon the Course Content in any way. This includes the right to add captions or otherwise modify Course Content to ensure accessibility.
6.14 Release. The Instructor agrees to hereby give, consent, and forever grant to the EdVanna, its representatives, licensees, marketers, and any other related parties or publishers of its promotional materials and their successors and assigns, the right to use, publish and copyright the Course Content, in video and audio format, in whole or part, including alterations, modifications, derivations, and composite thereof, in digital media, films, advertising, and similar such promotions and renditions throughout the world.
6.15 Waiver. The Instructor shall hereby, with this reference, waive their right to take legal action against EdVanna, including without limitation, its representatives, licensees, marketers, and any other related parties for the breach of any of the Terms of this Agreement. Notwithstanding the foregoing, the Instructor shall in no way have deemed to have waived their right to any legal action resulting from any material breach of the Terms, obligations mentioned within this Agreement for which they have ought to have a legal remedy under appropriate law.
6.16 Non-Solicitation. The Instructor hereby agrees not to solicit the Learners in any manner, including without limitation by posting any links on the Platform, which may have the effect of redirecting the Learners and Users with access to the Platform, to other websites. The Instructor agrees not to approach Learners for the purpose of avoiding paying any dues, revenues, commissions, royalties to EdVanna. The Instructor agrees not to interact with the Learners in any way, with the exception of the Platform.
6.17 Learner refunds. In the event that an Instructor is not able to conduct an online class or Live Session due to any reason, we may be required to issue refunds to the Learner. In such case the Instructor agrees that we shall deduct such amounts which we may need to refund to Learners from the Instructor Share(s) (as defined in clause 5.2) prior to disbursing the Instructor Share in accordance with the Terms of this Agreement.
6.18 Termination. EdVanna may terminate our relationship with the Instructor in our sole discretion for any reason including without limitation if the Instructor fails to conduct online class or Live Session on the allotted times or due to uninformed continuous absence. We may also terminate our relationship with the Instructor in the event of breach of these Terms.
The Instructor hereby through this reference agree to abide by our Code Of Conduct.
Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited right and licence:
7.1 to access, internally use and display the Platform as an individual only at your location solely as necessary to browse and/or participate in the Platform as permitted by these Terms;
7.2 You must abide by all copyright notices or restrictions contained on the Platform. You may not delete any attributions, legal or proprietary notices on the Platform; and
7.3 EdVanna shall have the exclusive right to use the Course Content, and other Course Content related materials for the purposes of advertising, publicising, marketing exhibition, and/or other exploitation of the Course Content.
By granting your child permission to use the Platform, you agree to these Terms on behalf of your child. You are responsible for monitoring and supervising your child's use of the Platform. If your child is using our Platform and is either under eighteen (18) or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Platform is appropriate for your child, please contact us using the information provided at the end of this page.
9.1 Some features may require you to purchase subscriptions on the Platform. Subscription charges begin on the date your Platform Services subscription is activated or, if applicable, on the date your free trial period ends, and will be billed to your credit or charge card each month (for monthly subscriptions) or year (for annual subscriptions) thereafter. You acknowledge and agree that you will not receive a bill in the mail for your subscription. We reserve the right to increase subscription rates at any time. Changes to standard subscription rates will be posted on the Platform and you may be informed of such changes through e-mail communications. Increases in subscription rates will apply to existing accounts at the time of their renewal. Reductions in the standard subscription rate will not necessarily be reflected in your renewal subscription rate. If you are subscribing at specially discounted promotional rates may be subject to varying rate increases.
9.2 Termination of Subscription. Either Party shall have the right to terminate your subscription at any time by providing notice of termination to the other. In the event of termination of your subscription by either Party, you shall have no claims against EdVanna or its affiliates. Termination of your subscriptions or free trial automatically terminates your license to use the Subscription Services and any Platform Content, Course Content or other material contained therein.
9.3 Renewals and Cancellations. Your subscription will renew automatically unless you cancel the subscription through the Platform. After beta or trial period, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. Instructions on how to cancel your subscription are available in the Platform at www.edvanna.com, or send us an email at admin@edvanna.com. In the event that you cancel your subscription, unless otherwise required by law, subscription fees will not be refunded, applied to another subscription, or transferred to anyone else and are not convertible to cash or other form of credit.
9.4 Credit Cards. You agree that you will provide a major credit (e.g., MasterCard, Visa, American Express) that we may charge for all subscription fees or other amounts payable to EdVanna. With respect to such charges, you give the following authorization:
I authorize automatic credit or charge card billing by EdVanna. I agree that the charges described above will be billed by EdVanna to the credit or charge card that I have provided to EdVanna in my Account information, or otherwise when I applied for the Subscription Services. I understand that all fees and charges are non-refundable. I agree that EdVanna will not be responsible for any expenses that I may incur resulting from exceeding my credit limit as a result of an automatic charge made under these Terms.
9.5 Account Information. You agree to provide current, complete, and accurate information for your Account in order to receive access to the Subscription Services. You agree to promptly update all Account information to keep your account current, complete, and accurate (such as a change in billing address, credit or charge card number, or credit or charge card expiration date) and you must promptly notify EdVanna if your credit or charge card is cancelled (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your log-in and password. Changes to such information can be made by going to your profile area on the Platform. If you have any problems making changes to your Account information, please let us know through the contact information provided at the end of this page. If you fail to provide EdVanna any of the foregoing information, you agree that we may assume that your credit card is either still valid or that it has been renewed and may continue charging you for the Subscription Services to which you have subscribed, unless you have cancelled your subscription.
To provide you with the services through the Platform, it is required that we collect information which may include (without limits) your name, gender, phone number, area or location of work, your date of birth, (“Personal Data”). You agree that your Personal Data is collected by us through your consent.
11.1 Some features of the Platform may be available to Users without registration. To use our Platform, you need to register for a user account on the Platform (“Account”). For continuous access to our Platform it is suggested that you provide us with accurate, complete and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective Account.
11.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
11.3 You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your Account password with anybody or do any such act which promotes unauthorized use of you’re Account. You shall take all measures to protect your password including but not limited to restricting use of your personal device.
11.4 You must notify us immediately on our Platform any change in your eligibility to use the Platform, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Platform Services or through a request made on our Platform.
11.5 You understand and agree that by creating an Account you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as a legal notice and meet all the legal notice requirements.
12.1 EdVanna is the sole owner and/or lawful licensee of all the rights to the Platform’s intellectual property. The Platform’s intellectual property shall mean, not limited to, its design, layout, text, images, graphics, sound, video etc. The Platform’s content embodies trade secrets and intellectual property rights protected under copyright, trademark and other laws of the USA and other foreign countries.
12.2 All rights not otherwise claimed under this Agreement or by EdVanna, are hereby reserved. The information provided on the Platform is intended, solely to provide general information for the personal use of the User, who accepts full responsibility for its use. EdVanna does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded, or accessed from the Platform or otherwise, the quality of any Platform Service, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in connection with the Platform and/or the Platform Services.
12.3 While we do our best to provide our Users with the best and most reliable information, we accept no responsibility for any errors or omissions, or for the results obtained from the use of any information. All information on the Platform is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of such information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall EdVanna be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to its Platform, Platform Services, and/or content. User(s) of the Platform must hereby acknowledge that any reliance upon any content shall be at their sole risk.
12.4 EdVanna reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Platform or the content.
12.5 EdVanna is not an expert in your intellectual property rights, and we cannot verify that the Users of our Platform or otherwise - who post on the Platform or otherwise - have the right to do so under all applicable laws. We will appreciate your assistance in identifying content which may not appear on their face to infringe your rights but which you believe are infringing your rights. EdVanna is also not an arbiter or judge of disputes about intellectual property rights. By taking down any content, as a prudential matter, EdVanna is not endorsing a claim of infringement. Neither, in those instances in which EdVanna declines to take down any content, is EdVanna determining that the content is not infringing, nor is EdVanna endorsing those acts or services.
12.6 EdVanna respects the intellectual property rights of others, and we expect our User(s) to do the same. We believe that User(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases, or listings available on or through the Website for the purpose of re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with EdVanna, or otherwise commercially exploiting the EdVanna content. Systematic retrieval of content to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through automatic devices or manual processes) without written permission from EdVanna is prohibited and all consequences arising out of your actions will be your sole responsibility.
12.7 In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of the Platform, you agree that you will not use the Platform to infringe the intellectual property rights of others in any way. EdVanna reserves the right to terminate the Account of a User(s) upon any infringement of the rights of others in conjunction with use of the Platform, or if EdVanna believes that User(s) conduct is harmful to the interests of EdVanna, its affiliates, or other users, or for any other reason in EdVanna’s sole discretion, with or without cause.
All other trademarks, registered trademarks, product names and company names or logos used on the Platform are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
We may display content and hyperlinks from third parties through the Platform (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content, and We make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions or Third-Party Content.
15.1 Links to third party websites may be provided by EdVanna as a convenience to User(s), EdVanna does not have any control over such websites i.e., content and resources provided by such third-party website.
15.2 EdVanna may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third-party services. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites in order to be aware of the terms and conditions of your use of such websites. EdVanna has no control over such third-party website, does not monitor such websites, and EdVanna shall not be responsible or liable to anyone for such third party website, or any content, products or services made available on such a website.
This Agreement will not be terminated except as provided herein:
16.1 Termination for Good Cause: Either Party may terminate this Agreement if either Party believes that the other is in breach of its material obligations under this Agreement, and such breach has not been rectified even after giving fifteen (15) days’ notice to the breaching Party.
16.2 Termination by Mutual Consent: Parties can terminate this Agreement at any time by mutual consent.
16.3 Termination by Notice: Either Party may terminate this Agreement by giving the other Party thirty (30) days’ notice.
16.4 If the Instructor is declared insolvent (whether voluntary or involuntary) by any relevant authority, EdVanna may terminate the Agreement after giving fifteen (15) days’ written notice to the Instructor.
16.5 Notwithstanding the forgoing, EdVanna may immediately terminate this Agreement or any services with respect to you, or generally cease offering or deny access to the Platform Services or any portion thereof, at any time for any reason, including but not limited to, insufficient performance by the Instructor, and continuous absence from providing services to Learners.
16.6 Except as otherwise provided herein, no termination of this Agreement for any reason shall relieve or discharge any Party hereto from any duty, obligation, or liability hereunder which was accrued as of the date of such termination.
If EdVanna terminates a User’s Account, User(s) will not have the right to re-enrol or join EdVanna under a new account or name unless formally invited to do so by EdVanna. User(s) hereby agree that in no event shall the EdVanna be liable to the User(s) or any third-parties for any inability to use the Platform (whether due to disruption, limited access, changes to or termination of any features on the Platform or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Platform or any of its features.
The User hereby, with this reference, waives their right to take legal action against EdVanna, including without limitation, its representatives, licensees, marketers, and any other related parties for the breach of any of these Terms. Notwithstanding the foregoing, the User shall in no way have deemed to have waived their right to any legal action resulting from any material breach of these Terms, obligations mentioned within this Agreement for which they ought to have a legal remedy under appropriate law.
THE PLATFORM IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE USE OF SERVICES AND IS AT THE USER’S SOLE RISK. THE PLATFORM IS PROVIDED TO YOU WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. EDVANNA, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES ARE OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE SERVICES IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR CHILDREN; (VI) THAT RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE PLATFORM SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE PLATFORM SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE PLATFORM.
You hereby represent and warrant that you will not:
19.1 violate any law, contract, intellectual property, or other third-party right or commit a tort, and that you are solely responsible for Your conduct, while accessing or using the Platform;
19.2 provide false or misleading information to us or our affiliates;
19.3 use the Platform in a manner which may disrupt or inhibit others from accessing or enjoying the Platform fully or partially;
19.4 develop, utilize, or disseminate any software in any manner, that could damage, harm, or impair the Platform;
19.5 access or attempt to access any feature or area of the Platform that you are not authorized to access;
19.6 use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Platform, extract data or otherwise interfere with or modify the rendering Platform pages or functionality;
19.7 use data collected from our Platform to contact individuals, companies, or other persons or entities;
19.8 use data collected from our Platform for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
19.9 use the Platform for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms; and
19.10 use the Platform or its network to carry out any illegal activities, or deliberately engaging in activities designed to adversely affect the performance of the Platform or its network.
Instructor represents and warrants that:
20.1 you have all necessary rights, licences and/or clearances to provide such Course Content and permit us to use and publish such Course Content;
20.2 such Course Content is accurate and complete to the best of your knowledge and belief;
20.3 as between you and us, you are responsible for the payment of any third-party fees related to the provision, publication and use of such Course Content; and
20.4 such use and/or publication of your Course Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation.
The User shall at all times indemnify, defend, and hold harmless EdVanna against all claims, actions, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising out of, or caused by any breach of any of the representations, undertakings, or contracts made to the User via this Agreement and in connection with any claims of copyright infringement, or other violation of intellectual property rights with respect to the Course Content.
THE USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE PLATFORM FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT USER PERSONAL DATA THEFT INCLUDING THEFT OF FINANCIAL DETAILS SUCH AS CREDIT CARD AND DEBIT CARD DETAILS (V) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM, OR (VI) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) ANY FEES PAID BY YOU FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.
It is our policy that any content included on the Platform or within the Course Content and that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the Platform as soon as possible after we are made aware of such infringement or potential infringement.
If you are the owner of intellectual property rights or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the Platform by emailing us at admin@edvanna.com. We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.
The Parties agree that the validity, operation, and performance of this Terms shall be governed by and interpreted in accordance with the laws of the USA applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms.
EdVanna reserves the right, at its sole discretion, to modify our Platform, Platform Services, or to modify these Terms anytime and without prior notice. If we modify these Terms, we will post the modification on our Platform or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use our Platform after we have posted a modification on our Platform or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Platform and/or Platform Services.
26.1 NOTICE: Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return receipt requested) or E-mail to EdVanna’s addresses as mentioned in this Agreement and to the address of the User as provided to the EdVanna by the User in writing at the time of registering on the Platform.
26.2 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective heirs, legal or personal representatives, successors, and assigns.
26.3 RELATIONSHIP BETWEEN PARTIES: Parties shall be considered independent of each other and not agents or employees of the other Party. Neither Party shall have authority to make any statements, representations, or commitments of any kind, nor to take any action which shall be binding on the other Party, except as may be expressly provided for herein or authorized in writing.
26.4 FORCE MAJEURE: EdVanna shall not be liable for any failure or delay in performance of this Agreement, in whole or in part, where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, pandemics, labor activity, or strike, court order or any other cause outside our exclusive and direct control.
26.5 ELECTRONIC SIGNATURES/ COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. For purposes of this Agreement, the use of an email, or other electronic media shall have the same force and effect as an original signature.
26.6 BACKGROUND CHECK: EdVanna may at its sole discretion perform background checks of the Instructor and verify the documents and/or information provided by the Instructor at any point in time prior to or after entering into this Agreement with the Chef (“Background Check”). This Agreement is subject to the Background Check and EdVanna reserves the right to terminate this Agreement immediately without notice in the event that we discover any anomalies during the Background Check.
26.7 ENTIRE AGREEMENT: This Agreement along with other documents as and when updated on the Platform or sent directly to the User, shall constitute the entire agreement between the Parties relating to the subject matter contained in this Agreement and supersede all prior or contemporaneous negotiations, commitments and understanding of the Parties whether oral, written or otherwise.
26.8 SEVERABILITY: Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
26.9 SURVIVABILITY: All clauses that logically ought to survive the termination of this Agreement shall survive.
26.10 HEADINGS: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
26.11 FEEDBACK: You may at your sole discretion choose to submit comments, inputs, suggestions, ideas, or other feedback about the Platform, including but not limited to, regarding the possible creation, modification, correction, improvement, or enhancement of the Platform (“Feedback”). By submitting any Feedback, you acknowledge and accept that we are free to use such Feedback in any way we choose without any compensation or notice to you, and you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license to incorporate and use the Feedback for any purpose.
26.12 AFFIRMATION OF PARTIES: The User affirms that they have entered into this Agreement freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in this Agreement and have read and understood the Terms contained in this Agreement.
26.13 GENDER AND PLURALS: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.
26.14 CONTACT US: If you have any queries regarding these Terms, feel free to contact EdVanna at contact@edvanna.com
You acknowledge that you have read, understood, and accepted to be bound by these Terms.
Effective as of June 19, 2022.