Last Updated: August 22, 2020
1.1. JK Shah Classes Private Limited having its registered office at 4th Floor, Shraddha Old Nagardas Road, ((hereinafter referred to as “JKSC” or “ us” or “we” or “our” or “Company”) provides classroom based courses, online courses and conducts online classes, live demo, doubt clearing sessions for the students seeking to enrol for such courses (the "Services"), which Services are accessible at online.jkshahclasses.com and any other websites through which JKSC makes the Services available (collectively, the "site" or “platform”) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Applications").
1.2. By accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site, via the Applications, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services (“Terms of Services” or “Terms”), whether or not you have registered with the Site and/or Application.
1.3. Therefore, please read these Terms of service before accessing or using the Site, Application or Services or downloading or posting any content from or on the Site, via the Application or through the Services, carefully as they contain important information regarding your legal rights, remedies and obligations.
1.5. If you are using the Site, Application or Services then these Terms of Service are binding between you and JKSC.
2.1. Accounts You need an account for most activities on our website. 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 contacting us. You must have reached the age of consent for online services in India to use online.jkshahclasses.com.
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 JKSC will not intervene in disputes between students or instructors 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 contacting us. 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 JKSC and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If you are below this age of consent to use online services, you may not create a JKSC account. If we discover that you have created an account that violates these rules, we will terminate your account.
2.2. Course Enrollment and Access When you enroll in a course, you get a license from us to view it via the JKSC Services and no other use. Don’t try to transfer or resell courses in any way. We grant you an exclusive access license, except when we must disable the course because of legal or policy reasons.
As a student, when you enroll in a course, whether it’s a free or paid course, you are getting a license from JKSC to view the course via the JKSC platform and Services, and JKSC is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).
In legal, more complete terms, JKSC grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated 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 a particular courses 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 course unless we give you explicit permission to do so in a written agreement signed by a JKSC authorized representative. This also applies to content you can access via any of our APIs.
We reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our Trust & Safety Guidelines.
Instructors may not grant licenses to the courses to students directly, and any such direct license shall be null and void and a violation of these Terms.
2.3. Content and Behaviour Rules
You can only use JKSC 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 the country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
You may not access our Services if you are from a territory where Indian businesses are prohibited from engaging in business or if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the Indian government. Further, you agree not to upload any content or technology (including information on encryption) whose export is specially controlled under the Export Administration Regulations or other applicable regulations.
If you are a student, the Services may enable you to ask questions to the instructors of courses you are enrolled in, and to post reviews of courses. For certain courses, the instructor may invite you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.
If we are put on notice that your content and behaviour 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 access from our platform.
JKSC has discretion in enforcing these Terms and our Trust & Safety 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 or no reason, including 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, 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 one of our instructors has published a course that infringes your copyright or trademark rights, please let us know. Our Instructor 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 us, see our Intellectual Property Policy.
2.4. JKSC’s Rights We own the JKSC 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 or vendors. You can’t tamper with those or use them without authorization.
All right, title, and interest in and to the JKSC 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 JKSC and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both India and foreign countries. Nothing gives you a right to use the JKSC name or any of the JKSC trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding JKSC 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 JKSC platform and Services:
- access, tamper with, or use non-public areas of the platform (including content storage), JKSC’s computer systems, or the technical delivery systems of JKSC’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.
- Record, copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the JKSC 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 JKSC); 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.
2.5. JKSC’s Rights to Content You Post
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 JKSC 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.
3. JKSC Intellectual Property Right
The site, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on this site is owned and controlled by JKSC and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, JKSC owns all IPR to and into the trademark “J.K. Shah Classes” and the JKSC site, application or services.
The mark “JKSC” is the sole property of JKSC. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from JKSC.
4. Electronic Communication
When you visit JKSC Website or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on JKSC site. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
5. Termination of Account
JKSC will terminate a User's access to the JKSC Website, if
- the User is a repeat copyright infringer;
- the Users breaches any terms of these Terms and Conditions.
- Violation of any applicable laws;
- your use of the JKSC Website disrupts our business operations or affects any other party/ User; or
- you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against JKSC.
JKSC reserves the right to decide whether User Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that JKSC deems fit from time to time. JKSC may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's account for submitting such material in violation of these Terms and Conditions.
We may suspend access to the JKSC sites or require You to change Your password if we reasonably believe that the JKSC site have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the JKSC site will not affect liability previously incurred by You.
6. Effective of Termination
In case any of the above-mentioned cases occur, JKSC reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:
- JKSC shall at its sole discretion withhold or stop any and all payments that are to be made to such User and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.
- Payments shall not be made for the work that is the subject matter of any of the breaches.
- User access shall be terminated immediately, and the User shall not be able to access the said terminated account.
JKSC operates a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party. As part of JKSC's copyright policy, JKSC will terminate User access to the JKSC Website if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given in the copyright policy on how to make a claim of copyright infringement.
Notice of Copyright Infringement:
Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology Act of 2000, we an intermediary, allow general public to post content on our platform. We have implemented procedures for receiving written notification of claimed infringements on the User Content uploaded on JKSC Website. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication which contains:
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the JKSC Website, including the educator name, topic and any other detail identifying the infringing content;
- Your email address, your physical address and telephone number;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
JK Shah Classes
4th Floor, Shraddha,
Near Chinai College,
Old Nagardas Road Andheri West, Mumbai 400 069
Our policy to deal with Copyright infringements:
We follow a 3-strike policy- Three instances brought to our notice that are provided with all required supporting information will lead to the educator getting banned from the JKSC Website. His/her right to any and all compensation or monetary benefit that he/she might be eligible for shall be revoked. The detailed process is as under:
Our policy to deal with Copyright infringements:
First case of violation- The infringing User Content is taken down and educator is given a warning and is suspended for a week from making any new courses.
Second case of violation- The educator is suspended from making any more videos on the JKSC Website for a month and all User Content that amount to copyright violations are brought down immediately.
Third violation- The educator is banned from the JKSC Website and will be unable to make any more courses in the future.
You will not without obtaining prior written consent of JKSC, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the JKSC Website.
For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to JKSC or JKSC Website which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of JKSC and any breach of the same shall cause irreparable damage to us.
YOU AGREE THAT YOUR USE OF THE JKSC SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JKSC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE JKSC WEBSITE AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, JKSC EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON JKSC, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE JKSC WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE JKSC WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE JKSC WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JKSC WEBSITE. JKSC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR JKSC WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JKSC WEBSITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JKSC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JKSC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT JKSC, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR JKSC WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE JKSC WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR JKSC WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JKSC WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JKSC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, JKSC LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE JKSC WEBSITES AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT JKSC SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE JKSC WEBSITE IS CONTROLLED AND OFFERED BY JKSC FROM ITS FACILITIES IN INDIA. JKSC MAKES NO REPRESENTATIONS THAT THE JKSC WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE JKSC WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless JKSC, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the JKSC Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the JKSC Website.
12. Eligibility to use and Acceptance of the Terms and Conditions
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the JKSC Website.
JKSC reserves the right to refuse access to use the JKSC Websites to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms and Conditions with our JKSC Website so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the JKSC Website is subject to the most current version of the Terms and Conditions made available on the JKSC Website at the time of such use.
13. Force Majeure
JKSC shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
14. Information Technology Act
You are advised not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
15. Other Laws
Certain laws require to maintain data with respect to the JKSC Website and other personal information in a prescribed format and JKSC will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
16. Governing Law and Jurisdiction
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India.
17. Modification, Amendment or Termination
JKSC may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the JKSC Website post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the JKSC Website shall be in writing and sent to the registered office of JKSC. We do not guarantee continuous, uninterrupted or secure access to the JKSC Website, and operation of the JKSC Website may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.