These Terms of Use (“Terms”) were last updated on Tuesday, March 26th, 2019.

EdCaptain’s mission is to spread 21st Century Education by engaging with Parents and Teachers. We enable anyone anywhere to create and share educational 21st century educational content and to adapt these educational content while educating their children. We need rules to keep our platform and services safe for you, us and our community. These Terms apply to all your activities on the EdCaptain website, the EdCaptain mobile applications, and other related services (“Services”).

If you publish some content on the EdCaptain platform, you must also agree to the Educator Agreement. We also provide details regarding our processing of personal data of our visitors and community members in our Privacy Policy.

1. Accounts

You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by writing to us at support@edcaptain.com. You must have reached the age of consent for online services in your country to use EdCaptain.

When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.

If you share your account login credential with someone else, you are responsible for what happens with your account and EdCaptain will not intervene in disputes between community members who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by writing to us at support@edcaptain.com. We may request some information from you to confirm that you are indeed the owner of your account.

Educators must be at least 18 years of age to create an account on EdCaptain and use the Services. If you are younger than the required age, you may not set up an account. If we discover that you have created an account and you are younger than the required age for consent to use online services (for example, 13 in the US), we will terminate your account. Under our Educator Agreement, you may be requested to verify your identity before you are authorized to submit content for publication on EdCaptain.

2. Content and Behaviour Rules

You can only use EdCaptain for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with our Community Guidelines and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behaviour on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

If you are an Educator, you can submit content for publication on the platform and you can also communicate with the visitors who have comment on your content. In both cases, you must abide by the law and respect the rights of others: you cannot post any educational content, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Educator Agreement before you submit any content for publication on EdCaptain.

EdCaptain has discretion in enforcing these Terms and our Community Guidelines. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

If one of our Educators has published a content that infringes your copyright or trademark rights, please let us know. Under our Educator Agreement, we require our educators to follow the law and respect the intellectual property rights of others. For more details on how to file a copyright or trademark infringement claim with us, see our Intellectual Property Policy.

3. EdCaptain’s Rights to Content You Post

The content you post as an Educator remains yours. EdCaptain is allowed to share your content to anyone through any media, including promoting it via advertising on other websites.

When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize EdCaptain to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with EdCaptain for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

4. Using EdCaptain at Your Own Risk

EdCaptain enables educators, parents and teachers anywhere to create and share educational content. While we may review and edit content for the safety of our community members, we are not in a position to determine the legality of content. We do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the content. If you use the content, you rely on any information provided by an educator at your own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. EdCaptain has no responsibility to keep such content from you and no liability for your access or using the content, to the extent permissible under applicable law. This also applies to any content relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by using such content, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after using the content.

When you interact directly with an educator, you must be careful about the types of personal information that you share. We do not control what community members and educators do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.

We do not responsible or liable for any interactions involved between educators and community members. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of educator or community member.

When you use our platform, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

5. EdCaptain’s Rights

We own the EdCaptain platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.

All right, title, and interest in and to the EdCaptain platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by external educators and community members) are and will remain the exclusive property of EdCaptain and its licensors. Our platforms and services are protected by copyright, trademark, and other laws. Nothing gives you a right to use the EdCaptain name or any of the EdCaptain trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding EdCaptain or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the EdCaptain platform and Services:

  • access, tamper with, or use non-public areas of the platform, EdCaptain’s computer systems, or the technical delivery systems of EdCaptain’s service providers.
  • disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
  • copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the EdCaptain platform or Services.
  • access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
  • in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as EdCaptain); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

6. Miscellaneous Legal Terms

These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

6.1 Binding Agreement

You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with EdCaptain. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

If you are an educator accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Any version of these Term in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us (which include, if you are an educator, the Educator Agreement and the Pricing and Promotions Policy).

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

6.2 Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our educators is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will EdCaptain or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

6.3 Limitation of Liability

There are risks inherent into using our Services, for example, if you enroll in a health and wellness course like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one US dollar ($1) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

6.4 Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless EdCaptain, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

6.5 Governing Law and Jurisdiction

These Terms are governed by the laws of India without reference to its choice or conflicts of law principles. You and we consent to the exclusive jurisdiction and venue of courts in Mumbai, India.

6.6 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to notices@EdCaptain.com).

6.7 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

6.8 No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

7. Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and EdCaptain reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

8. How to Contact Us

The best way to get in touch with us is to contact us at support@edcaptain.com. We’d love to hear your questions, concerns, and feedback about our Services.

Thanks for teaching and learning with us.