This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
We esteem your trust. To respect that trust, Mittsure sticks to moral principles in get-together, utilizing, and shielding any data you provide.
Who we are?
Mittsure Technologies LLP [MTL] is a leading Ed Tech company, incorporated in India, for impairing learning School automation, books publications and digital learning platform to provide various services such as online/offline videos , ERP modules, tech solutions, online classes, retail logins etc. We deal in feature rich tablet with Smart Learning Application for accessing digital content & videos for respective class/medium/board. We also offer online classes with interactive session. We also offer Book Sets as per board/medium from Nursery to 8Th class on our E-com platform.
Registration with us
The Application/Website/Services/items gets the data you give when you download and register for the Application or Services or items. At the point when you register with Mittsure or you may be provided an account & registered through your school/partners with Mittsure platform (a)School Name, (b) School Contact No, (c) School Mail I’d, (d) Address, (e)Number of SMS to be allotted, (f)Admin Name, (g)Admin Contact Number. (h)Admin Mail, (i)Owner/ Director Name, (j) Owner Contact No, (k)Owner Mail, (l)Principal Name, (m)Principal Contact Number and (n)Principal Name. The said data gathered from the clients could be arranged as “Individual Information”, “Delicate Personal Information” and “Related Information”. Individual Information, Sensitive Personal Information and Associated Information (each as independently characterized under this Information Technology (Reasonable security practices and methods and touchy individual information or data) Rules, 2011 (the “Information Protection Rules”)) will on the whole be alluded to as ‘Data’ in this Policy. When creating account, you confirm that the information so provided is accurate and complete and you do not share password with anyone. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by unauthorized use and we shall not take responsibility for any derogatory content uploaded by you Or by any person/institute community, group of persons or through your account.
We will not differentiate between who is using the device to access the Application, Website or Services or products, so long as the log in/access credentials match with yours. In order to make the best use of the Application/Website/Services/products and enable your Information to be captured accurately on the Application/Website/Services/products, it is essential that you have logged in using your own credentials We will, consistently, give you the choice not to give Personal Information or Sensitive Personal Information, which we look for from you. Further, you will, whenever while utilizing Application/Services/items, additionally have a choice to take back your agreement offered to us to utilize such Personal Information or Sensitive Personal Information. Such withdrawal of the agreement is needed to be sent in writing in hard copy to us at the address given below in this Policy. In such occasion, notwithstanding, the Company completely holds the privilege not to permit further utilization of the Application or offer any Type of assistance/items thereunder to you.
- All contents on the Site are the exclusive property of MITTSURE except the third party content. The software, text, images, graphics, video and audio used on the Site belong to MITTSURE. No material from the Site may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from MITTSURE. All rights not expressly granted herein are reserved. Unauthorized use of the materials appearing on the Site by the User may violate copyright, trademark and other applicable laws, and You shall be liable for criminal and/or civil penalties for the same. You are granted a non-exclusive, non-transferable, limited right to access the Site and avail the services provided by MITTSURE on the Site.
- User shall not post, upload, modify, publish, comment or share any information which is grossly Antinational, unethical, illegal, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
- User shall in no case impersonate another person and cannot assign the right to use such services/ product/ site to any other person.
- User shall not post, upload, modify, publish, or share any information which threatens the unity, integrity, defense, security or sovereignty of India or incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- User shall not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively Impact/affect in any manner whatsoever, any electronic equipment in connection with the use of the Site, or other user’s ability to use the Site.
- The Site may be used only for educational and academic purposes by authorized individuals and it prohibits any other use of the Site, and all Users agree not to perform any of the following:
- Send unsolicited mail or e-mail/SMS, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Site;
- Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
- Aggregate, copy or duplicate in any manner any of the content or information available from the Site; or
- The Users agree not to use / insert any of the User’s URL, weblink, e mail address and website while accessing any material on the Site.
- User shall not do any act or omission which is derogatory/ violative / punishable under any law in force in India.
No liability clause
- MITTSURE does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses or other harmful mechanisms. If your use of the Site or content therein results in the need for servicing or replacing equipment or data, we are not responsible for any such costs that the User incur. Site and content are provided on an “as is” basis without any warranties of any kind including, but not limited to any implied warranties of merchantability or fitness of the content for any particular purpose. While utmost care is taken to provide correct and up to date information, we do not warrant the accuracy, completeness and timely availability of the information provided on the site and accepts no responsibility or liability for any error or omission in any information provided on the site or its comprehensiveness. We, to the fullest extent permitted by law, disclaim all warranties, whether express or implied, including the fitness for particular purpose and non-infringement.
- MITTSURE shall not be liable for any damage to User’s computer system or loss of data that result from the download of any content, materials, and information from the Site or use of any software, systems, functionality, or other services on the Site. Further, under no circumstances, MITTSURE shall be liable for any unlawful act of the User or its associates, agents including misuse of any data, unfair trade practices, fraud, cyber-squatting, hacking, cyber-crimes or any other act which are not performed within the authority of company.
Sale of Product
Apart from Application and website, our content also available to users in tablets [online as well as offline mode] and in flipbooks as exclusively provided by the company. Though company is not the manufacturer of the hardware and hence, company is not liable for any latent or patent defect in the hardware. Company is only Provisioning the digital content provided in such hardware.
Mode of purchasing
For purchasing the Digital content and/or hardware, software, application, processes etc. provided by Mittsure, user has to register to the Mittsure website, Mittsure Services with /without hardware select the tablet or flipbook and then proceed to purchase the same.
Mode of returning
Product once purchased shall not be returned in any case except in some circumstances which company deems appropriate.
Digital content through Tablet Management
In tablets, we provide digital content which user may either access online or download it for future reference as per the purchase plan. Besides, we also provide our digital content in storage device such as SD cards. The company provide all facilities to its user to understand or access the services better by us. The users are free to call or intimate us by writing on our email as provided below for queries/feedback in accessing or operating services provided by Mittsure. Company or its authorized employees shall in no case, access or monitor remotely the device information without express consent of the user or if user is minor then the person under whose control device is being used by the minor.
Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all Our products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our products or Services. As a minor if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that student using the Application has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Your subscription and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Application.
You agree to defend, hold harmless, and indemnify MITTSURE and the its Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, agents and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the MITTSURE Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, MITTSURE or its Participant will provide you with written notice of such claim, suit, or action.
Termination/ discontinuance of right?
MITTSURE, in its sole discretion, may terminate your use or user’s account the Site/ services or your participation in it, for any reason or no reason, upon notice to you. Those who are violating the term of services are subjected to termination of availed services. MITTSURE reserves the right at any time in their sole discretion to cancel, delay, reschedule update/modify alter the format of any course offered through it, or to cease providing any part or all of the Site content or related services, and you agree that neither MITTSURE nor any of its Participants will have any liability to you for such an action.
If you no longer desire to participate in the Site / Services, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use.
To the extent permitted by law, we may record and monitor your communications with us to ensure compliance with our legal and regulatory obligations and our internal policies. This may include the recording of telephone conversations.
Contact Information: Grievance Officer
Our helpdesk team shall overtake all the reasonable efforts to address your queries at theearliest possible opportunity. Contact us at:
Name of Grievance Officer : Ms. Ritika Maheshwari Contact Number : +91 83067-77601
E-mail id : email@example.com
Terms & Conditions – Mitlearn
Your utilization/access/perusing of the Application or Website or the Services or items or enlistment (with or without installment/with or without membership) through any methods will imply Your acknowledgment of the Terms and Your consent to be lawfully limited by something very similar.
Besides as referenced underneath, all data, content, material, brand names, administrations marks, business trademarks, and proprietary innovations including yet not restricted to the product, text, pictures, illustrations, video, content and sound, contained in the Application, Website, Services and items are exclusive property of the Company (“Proprietary Information”). No Proprietary Information might be duplicated, downloaded, replicated, altered, republished, transferred, posted, communicated or dispersed in any capacity without acquiring earlier composed authorization from the Company and nothing on this Application or Website or Services will be or items considered to present a permit of or some other right, interest or title to or in any of the protected innovation rights having a place with the Company, to the User. You may possess the medium on which the data, substance or materials dwells, however the Company will consistently hold full and complete title to the data, substance or materials and all licensed innovation rights embedded by the Company on such medium. Certain substance on the Website may have a place with outsiders. Such substance has been duplicated subsequent to taking earlier assent from said gathering and all rights identifying with such substance will stay with such outsider. Further, you perceive and acknowledge that the responsibility for brand names, copyright, logos, administration marks and other protected innovation possessed by any outsider will keep on vesting with such gathering and You are not allowed to utilize something very similar without the assent of the particular outsider.
Jurisdiction of court
Any feedback You provide with respect to the Application shall be deemed to be non-confidential. The Application shall be free to use such information on an unrestricted basis. Further, by submitting the
feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any
compensation or reimbursement of any kind from the Company for the feedback under any circumstances,
Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive. Please exercise caution while accessing the Application.
We make all best endeavours to provide you with a pleasant experience. In the unlikely event that You face any issues, please contact us at firstname.lastname@example.org.
“User” means and includes any person who access or avail the website/ Application of the company for the purpose of accessing digital content, publishing, sharing, transacting, displaying or uploading information and person who are using the services or product as provided by the company for personal use or for managing its affairs under Enterprise Resource Planning (ERP).
“Services” means and includes any information, knowledge, facts, concepts or instruction as provided by the company to its users through Web portals, mobile app, tablets, E-com, flip books, website, Mitt Online classes, Mitt Online Pro Classes.
“Product” includes information, knowledge, facts, concepts or instruction provided through tablet or SD card, Digital content, Enterprise resource planning (ERP), Flip books, Mobile applications and online class.
Mittlearn’s mission is to improve lives through learning. We enable anyone anywhere to create and share educational content (instructors) and to access that educational content to learn (students). We consider our marketplace model the best way to offer valuable educational content to our users. We need rules to keep our platform and services safe for you, us, and our student and instructor community. These Terms apply to all your activities on the Mittlearn website, the Mittlearn mobile applications, our TV applications, our APIs, and other related services (“Services”).
If you live in India, by agreeing to these Terms, you agree to resolve disputes with Mittlearn through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
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. You must have reached the age of consent for online services in your country to use Mittlearn.
You need an account for most activities on our platform, including to purchase and access content or to submit content for publication. 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. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and Mittlearn will not intervene in disputes between students or instructors who have shared account login credentialsSupport Team. We may request some information from you to confirm that you are indeed the owner of your account.
Students and instructors must be at least 18 years of age to create an account on Mittlearn and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you may not create a Mittlearn account. If we discover that you have created an account that violates these rules, we will terminate your account.
2. Content Enrolment and Yearly Access
When you enrol in a course or other content, you get a license from us to view it via the Mittlearn Services and no other use. Don’t try to transfer or resell content in any way. We generally grant you a yearly access license, except when we must disable the content because of legal or policy reasons or for enrolments via Subscription Plans.
When instructors publish content on Mittlearn, they grant Mittlearn a license to offer a license to the content to students. This means that we have the right to sublicense the content to enrolled students. As a student, when you enrol in a course or other content, whether it’s free or paid content, you are getting a license from Mittlearn to view the content via the Mittlearn platform and Services, and Mittlearn is the licensor of record. Content is licensed, and not sold, to you. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).
In legal, more complete terms, Mittlearn grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a Mittlearn authorized representative. This also applies to content you can access via any of our APIs.
We generally give a yearly access license to our students when they enrol in a course or other content. However, we reserve the right to revoke any license to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons, for example, if the course or other content you enrolled in is the object of a copyright complaint, or if we determine it violates our policiesTrust & Safety Guidelines. This yearly access license does not apply to enrolments via Subscription Plans or to add-on features and services associated with the course or other content you enrol in. For example, instructors may decide at any time to no longer provide teaching assistance or Q&A services in association with the content. To be clear, the yearly access is to the course content but not to the instructor.
Instructors may not grant licenses to their content to students directly, and any such direct license shall be null and void and a violation of these Terms.
3. Payments, Credits, and Refunds
When you make a payment, you agree to use a valid payment method. If you aren’t happy with your content, Mittlearn offers a 30-day refund or credit for most content purchases.
The prices of content on Mittlearn are determined based on the terms of the policiesInstructor Terms and our guidelinesPromotions Policy. In some instances, the price of content offered on the Mittlearn website may not be exactly the same as the price offered on our mobile or TV applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.
We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content (at checkout). Any price offered for particular content may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.
If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable users to see pricing in other currencies.
If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
You agree to pay the fees for content that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as direct debit, or mobile wallet) for those fees. Mittlearn works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using information provided by our payment service providers.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.
3.3 Refunds and Refund Credits
If the content you purchased is not what you were expecting, you can request, within 30 days of your purchase of the content, that Mittlearn apply a refund to your account. This refund option does not apply to Subscription Plan purchases, which are covered in Section 8.4 below. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment service providers, the platform from which you purchased your content (website, mobile or TV app), and other factors. No refund is due to you if you request it after the 30-day guarantee time limit has passed. However, if the content you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 30-day limit. Mittlearn also reserves the right to refund students beyond the 30-day limit in cases of suspected or confirmed account fraud.
To request a refund, follow the steps mentioned in the termshere. As detailed in the termsInstructor Terms, instructors agree that students have the right to receive these refunds.
If we decide to issue refund credits to your account, they will be automatically applied towards your next content purchase on our website, but can’t be used for purchases in our mobile or TV applications. Refund credits may expire if not used within the specified period and have no cash value, in each case unless otherwise required by applicable law.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of the content that you want to refund or if you’ve previously refunded the content, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to the content due to your violation of these Terms or our guidelinesTrust & Safety Guidelines, you will not be eligible to receive a refund. Additional information on our refund policy is availablehere.
3.4 Gift and Promotional Codes
Mittlearn or our partners may offer gift and promotional codes to students. Certain codes may be redeemed for gift or promotional credits applied to your Mittlearn account, which then may be used to purchase eligible content on our platform, subject to the terms included with your codes. Other codes may be directly redeemable for specific content. Gift and promotional credits can’t be used for purchases in our mobile or TV applications.
These codes and credits, as well as any promotional value linked to them, may expire if not used within the period specified in your Mittlearn account. Gift and promotional codes offered by Mittlearn may not be refunded for cash, unless otherwise specified in the terms included with your codes or as required by applicable law. Gift and promotional codes offered by a partner are subject to that partner’s refund policies. If you have multiple saved credit amounts, Mittlearn may determine which of your credits to apply to your purchase. Check out our Support Page and any terms included with your codes for more details.
4. Content and Behaviour Rules
You can only use Mittlearn 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 Trust & Safety 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 a student, the Services enable you to ask questions to the instructors of courses or other content you are enrolled in, and to post reviews of content. For certain content, the instructor may invite you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.
If you are an instructor, you can submit content for publication on the platform and you can also communicate with the students who have enrolled in your courses or other content. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, 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 Instructor Terms before you submit any content for publication on Mittlearn.
If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behaviour violates our Trust & Safety Guidelines, or if we believe your content or behaviour is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. Mittlearn complies with copyright laws.
Mittlearn has discretion in enforcing these TermsTrust & Safety Guidelines. We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. 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 a user has published content that infringes your copyright or trademark rights, please let us know. Our termsInstructor Terms require our instructors 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 usIntellectual Property Policy.
5. Mittlearn’s Rights to Content You Post
You retain ownership of content you post to our platform, including your courses. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.
The content you post as a student or instructor (including courses) remains yours. By posting courses and other content, you allow Mittlearn to reuse and share it but you do not lose any ownership rights you may have over your content.
When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Mittlearn 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 (including your name and image) 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 Mittlearn for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. 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.
6. Using Mittlearn at Your Own Risk
Anyone can use Mittlearn to create and publish content and instructors and we enable instructors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use Mittlearn at your own risk.
Our platform model means we do not review or edit the content for legal issues, and we are not in a position to determine the legality of content. We do not exercise any editorial control over the content that is available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content. If you access content, you rely on any information provided by an instructor at your own risk.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Mittlearn has no responsibility to keep such content from you and no liability for your access or enrolment in any course or other 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 accessing 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 your access to the content.
When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. While we restrict the types of information instructors may request from students, we do not control what students and instructors 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 hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. 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 instructors or students.
When you use our Services, 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.
7. Mittlearn’s Rights
We own the Mittlearn 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 Mittlearn 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 instructors and students) are and will remain the exclusive property of Mittlearn and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the India and foreign countries. Nothing gives you a right to use the Mittlearn name or any of the Mittlearn trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Mittlearn 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 Mittlearn platform and Services:
- Access, tamper with, or use non-public areas of the platform (including content storage), Mittlearn’s computer systems, or the technical delivery systems of Mittlearn’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 Mittlearn 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 Mittlearn); 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.
8. Subscription Terms
This section covers additional terms that apply to your use of our subscription-based collections as a student (“Subscription Plans”). By using a Subscription Plan, you agree to the additional terms in this section. Note that use of Mittlearn Business is not subject to these Terms, but is instead governed by the agreement between Mittlearn and the subscribing organization.
8.1 Subscription Plans
During your subscription to a Subscription Plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content included in that Subscription Plan via the Services. With the exception of the yearly access license grant, the terms included in the “Content Enrolment and Yearly Access” section above apply to enrolments via Subscription Plans.
The subscription that you purchase or renew determines the scope, features, and price of your access to a Subscription Plan. You may not transfer, assign, or share your subscription with anyone else.
We reserve the right to revoke any license to use the content in our Subscription Plans for legal or policy reasons at any time and at our sole discretion, such as if we no longer have the right to offer the content through a Subscription Plan. Additional information on our right to revoke is included in the “Content Enrolment and Yearly Access” section.
8.2 Account Management
You may cancel your subscription by following the steps outlined on our termsSupport Page. If you cancel your subscription to a Subscription Plan, your access to that Subscription Plan will automatically end on the last day of your billing period. On cancellation, you will not be entitled to receive a refund or credit of any fees already paid for your subscription, unless otherwise required by applicable law. For clarity, cancellation of a subscription does not terminate your Mittlearn account.
8.3 Free Trials & Renewals
Your subscription may start with a free trial. The duration of the free trial period of your subscription will be specified during sign-up. Mittlearn determines free trial eligibility at our sole discretion and may limit eligibility or duration. We reserve the right to terminate the free trial and suspend your subscription if we determine that you aren’t eligible.
We will charge the subscription fee for your next billing cycle at the end of the free trial period. Your subscription will automatically renew according to your subscription settings (e.g., monthly or annually) unless you cancel your subscription prior to the end of the free trial period. For more information on how to view applicable fees and dates of your free trial period, visit our offers pagesSupport Page.
8.4 Payments and Billing
The subscription fee will be listed at the time of your purchase. You can visit our termsSupport Page to learn more about where to find the fees and dates applicable to your subscription. We may also be required to add taxes to your subscription fee as described in the “Payments, Credits, and Refunds” section above. Payments are non-refundable and there are no refunds or credits for partially used periods, unless otherwise required by applicable law. Depending on where you are located, you may qualify for a refund. See our termsRefund Policy for Subscription Plans for additional information.
To subscribe to a Subscription Plan, you must provide a payment method. By subscribing to a Subscription Plan and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-applicable fees via the payment method we have on record for you. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method for payment of the then-applicable fees.
In the event that we update your payment method using information provided by our payment service providers (as described in the “Payments, Credits, and Refunds” section above), you authorize us to continue to charge the then-applicable fees to your updated payment method.
If we are unable to process payment through the payment method we have on file for you, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription.
We reserve the right to change our Subscription Plans or adjust pricing for our Services at our sole discretion. Any price changes or changes to your subscription will take effect following notice to you, except as otherwise required by applicable law.
8.5 Subscription Disclaimers
We make no guarantees as to the availability of any specific content in any Subscription Plan or as to any minimum amount of content in any Subscription Plan. At any point in the future, we reserve the right to offer or cease to offer additional features to any Subscription Plan, or to otherwise modify or terminate a Subscription Plan at our sole discretion. These disclaimers are in addition to those listed in the “Disclaimers” section below.
9. 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.
9.1 Binding Agreement
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Mittlearn. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
If you are an instructor 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 Terms 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 instructorPromotions 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.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (Content Enrolment and Yearly Access), 5 (Mittlearn’s Rights to Content You Post), 6 (Using Mittlearn at Your Own Risk), 7 (Mittlearn’s Rights), 8.5 (Subscription Disclaimers), 9 (Miscellaneous Legal Terms), and 10 (Dispute Resolution).
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 instructors 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 Mittlearn 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.
9.3 Limitation of Liability
There are risks inherent to using our Services, for example, if you access health and wellness content 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 hundred dollars ($100) 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.
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 Mittlearn, 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.
9.5 Governing Law and Jurisdiction
When these Terms mention “Mittlearn,” they’re referring to the Mittlearn entity that you’re contracting with. If you’re a student, your contracting entity and governing law will generally be determined based on your location.
If you’re a student located in India, you’re contracting with Mittlearn India LLP and these Terms are governed by the laws of India, without reference to its choice or conflicts of law principles, and you consent to the exclusive jurisdiction and venue of the courts in Delhi, India.
If you’re a student located in a geographical region other than India, or if you’re accessing our Services as an instructor, you’re contracting with Mittlearn and these Terms are governed by the laws of the India without reference to its choice or conflicts of law principles. In cases where the “Dispute Resolution” section below doesn’t apply to you, you consent to the High court and Jaipur state courts in India.
9.6 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, except where this limitation cannot be imposed by law.
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 email@example.com).
9.7 Relationship between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
9.8 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.
9.9 Sanctions and Export Laws
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) aren’t located in, or a resident of, any country that is subject to applicable INDIA trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). You also warrant that you aren’t a person or entity who is named on any INDIA government specially designated national or denied-party list.
If you become subject to such a restriction during the term of any agreement with Mittlearn, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Mittlearn).
You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any India and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.
10. Dispute Resolution
If there’s a dispute, our teamSupport Team is happy to help resolve the issue. If that doesn’t work and you live in India, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.
This Dispute Resolution section applies only if you live in India. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our teamSupport Team.
10.1 Small Claims
Either of us can bring a claim in small claims court in (a) India (b) the county where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.
10.2 Going to Arbitration
If we can’t resolve our dispute amicably, you and Mittlearn agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
10.3 The Arbitration Process
Any disputes that involve a claim of less than Rs.10,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the govt agencies. The arbitration proceedings shall be governed by the Indian Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than Rs. 10,000 must be resolved per the government rules about whether the arbitration hearing has to be in-person.
10.4 No Class Actions
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
Notwithstanding the “Updating these Terms” section below, if Mittlearn changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Mittlearn written notice of such rejection by mail or hand delivery to Mittlearn Attn: Legal, B-121, Mangal Marg, Bapu Nagar, Jaipur (Raj.), or by email from the email address associated with your Account to firstname.lastname@example.org, within 30 days of the date such change became effective, as indicated by the “last updated on” language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Mittlearn in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.
11. 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 Mittlearn 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.
12. How to Contact Us
The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.
Thanks for teaching and learning with us!