Agreement between
User and https://www.yourdomain.com
Welcome to Platform. This website is comprised of various
web pages operated by FATbit.
https://www.yourdomain.com is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein
(the "Terms"). Your use of https://www.yourdomain.com constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy
of them for your reference.
https://www.yourdomain.com is learning based website..
Platform is a teaching platform for teachers and students to
connect for learning a foreign language. Teachers set their own rates and
schedules and students pay for classes within the site, pick a teacher. Teacher
gets paid weekly for each class completion. Platform pays out 85% of cost to
teachers and keeps 15% to keep the site in operation.
Electronic
Communications
Visiting https://www.yourdomain.com or sending emails to
Platform constitutes electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.
Your Account
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Platform is
not responsible for third party access to your account that results from theft
or misappropriation of your account. Platform and its associates reserve the
right to refuse or cancel service, terminate accounts, or remove or edit
content in our sole discretion.
Children Under
Thirteen
Platform does not knowingly collect, either online or
offline, personal information from persons under the age of thirteen. If you
are under 18, you may use https://www.yourdomain.com only with permission of a
parent or guardian.
Cancellation/Refund
Policy
You may cancel your class purchases at any time.
Cancelations made after 30 days will receive a 50% refund. All classes
purchased will stay in your Platform account for 6 months. After 6 months your
classes will expire with no refund. Classes may be used with any teacher of
your choice. You may also cancel your teachers lessons and re-use your purchase
within the site with another teacher. For questions please contact
[email protected]
Links to Third Party
Sites/Third Party Services
https://www.yourdomain.com may contain links to other websites
("Linked Sites"). The Linked Sites are not under the control of
Platform and Platform is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Platform is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by Platform of the site or any association with its operators.
Certain services made available via https://www.yourdomain.com
are delivered by third party sites and organizations. By using any product,
service or functionality originating from the https://www.yourdomain.com domain,
you hereby acknowledge and consent that Platform may share such information and
data with any third party with whom Platform has a contractual relationship to
provide the requested product, service or functionality on behalf of
https://www.yourdomain.com users and customers.
No Unlawful or
Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use https://www.yourdomain.com strictly in accordance with
these terms of use. As a condition of your use of the Site, you warrant to
Platform that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other
party's use and enjoyment of the Site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available
or provided for through the Site.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of Platform or its suppliers and protected by
copyright and other laws that protect intellectual property and proprietary
rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will
not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. Platform
content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no
other use of the content without the express written permission of Platform and
the copyright owner. You agree that you do not acquire any ownership rights in
any protected content. We do not grant you any licenses, express or implied, to
the intellectual property of Platform or our licensors except as expressly
authorized by these Terms.
Use of Communication
Services
The Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication Services").
You agree to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular
Communication Service.
By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not: defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information; upload files that contain software or
other material protected by intellectual property laws (or by rights of privacy
of publicity) unless you own or control the rights thereto or have received all
necessary consents; upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of another's
computer; advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such
messages; conduct or forward surveys, contests, pyramid schemes or chain
letters; download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded; restrict or
inhibit any other user from using and enjoying the Communication Services;
violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service; harvest or otherwise collect information
about others, including e-mail addresses, without their consent; violate any
applicable laws or regulations.
Platform has no obligation to monitor the Communication
Services. However, Platform reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
Platform reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
Platform reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Platform's sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any Communication
Service. Platform does not control or endorse the content, messages or
information found in any Communication Service and, therefore, Platform specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized Platform spokespersons, and their views
do not necessarily reflect those of Platform.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you upload the materials.
Materials Provided to
https://www.yourdomain.com or Posted on Any Platform Web Page
Platform does not claim ownership of the materials you
provide to https://www.yourdomain.com (including feedback and suggestions) or
post, upload, input or submit to any Platform Site or our associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting Platform,
our affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Platform is under no obligation to post or use
any Submission you may provide and may remove any Submission at any time in
Platform's sole discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
Third Party Accounts
You will be able to connect your Platform account to third
party accounts. By connecting your Platform account to your third party
account, you acknowledge and agree that you are consenting to the continuous
release of information about you to others (in accordance with your privacy
settings on those third party sites). If you do not want information about you
to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by
Platform from our offices within the USA. If you access the Service from a
location outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use the Platform Content accessed through
https://www.yourdomain.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Platform,
its officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorney's fees) relating
to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. Platform reserves the right, at its own
cost, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate with
Platform in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take
place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and
Platform agree otherwise, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
The information, software, products, and services included
in or available through the site may include inaccuracies or typographical
errors. Changes are periodically added to the information herein. Platform
and/or its suppliers may make improvements and/or changes in the site at any
time.
Platform and/or its suppliers make no representations
about the suitability, reliability, availability, timeliness, and accuracy of
the information, software, products, services and related graphics contained on
the site for any purpose. To the maximum extent permitted by applicable law,
all such information, software, products, services and related graphics are
provided "as is" without warranty or condition of any kind.
Platform and/or its suppliers hereby disclaim all warranties and conditions
with regard to this information, software, products, services and related
graphics, including all implied warranties or conditions of merchantability,
fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Platform and/or its suppliers be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any damages
whatsoever including, without limitation, damages for loss of use, data or
profits, arising out of or in any way connected with the use or performance of
the site, with the delay or inability to use the site or related services, the
provision of or failure to provide services, or for any information, software,
products, services and related graphics obtained through the site, or otherwise
arising out of the use of the site, whether based on contract, tort,
negligence, strict liability or otherwise, even if Platform or any of its
suppliers has been advised of the possibility of damages. Because some
states/jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to you.
If you are dissatisfied with any portion of the site, or with any of these
terms of use, your sole and exclusive remedy is to discontinue using the site.
Termination/Access
Restriction
Platform reserves the right, in its sole discretion, to
terminate your access to the Site and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law,
this agreement is governed by the laws of the State of Washington and you hereby
consent to the exclusive jurisdiction and venue of courts in Washington in all
disputes arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Platform as a result of this
agreement or use of the Site. Platform's performance of this agreement is subject
to existing laws and legal process, and nothing contained in this agreement is
in derogation of Platform's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Site or
information provided to or gathered by Platform with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Platform with respect to
the Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and Platform with
respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish to
the parties that this agreement and all related documents be written in
English.
Changes to Terms
Platform reserves the right, in its sole discretion, to
change the Terms under which https://www.yourdomain.com is offered. The most
current version of the Terms will supersede all previous versions. Platform
encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Platform welcomes your questions or comments regarding the
Terms:
FATbit Technologies
Unit No. A-712, Tower A, 7th Floor,
Bestech Business Towers, Sector-66,
Mohali, Punjab 160066, India
Email Address:
Telephone number:
USA: +1 469 844 3346
IND: +91 85919 19191
IND: +91 95555 96666
IND: +91 73075 70707
