Terms & Conditions
Revised May 23, 2021
Philoid EdTech Private Limited (hereinafter referred to as " Philoid", "we", "us", or " our") provides 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 www.philoid.com and any other websites through which Philoid makes the Services available (collectively, the "Site ") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Applications"). 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. 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. If you do not agree to these Terms, then you have no right to access or use the Site, Application, Services, or Collective Content (as defined below). If you are using the Site, Application or Services then these Terms of Service are binding between You and Philoid.
In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:
- "Courses" means educational courses listed on the Site or Application.
- "Course Fees" means the amounts that are due and payable by a User for enrolment of Course.
- "Collective Content" means Member Content and Philoid Content.
- "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
- "Listing" means Courses that are listed by Philoid as available via the Site, Application, and Services.
- "Member" means a person, who completes Philoid’s account registration process, including but not limited to Teachers and Students, as described under "Account Registration " in Clause 7 below.
- "Member Content " means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Philoid promotional campaign to be made available through the Site, Application or Services.
- "Payment Method" means a payment method that you have added to your Philoid Account, such as a credit card, debit card or net banking.
- "Student " means a Member who enrols for Courses on Application or Site, in case of minor student the parent or guardian who enrol their child or ward for the Courses on Application or Site.
- "Tax" or "Taxes " mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that Philoid may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
- “Teacher” means a Member who has been selected by Philoid in order to provide services through the Site or Application
- "Philoid Content " means all Content that Philoid makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Student Content.
TERMS OF SERVICE
By using the Site, Applications or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined above), and constitute a binding legal agreement between you and Philoid.The user further accepts to allow Philoid EdTech Private Limited to reach them through call for providing existing services and for providing information on new products and services and will not be subject to DND regulations for such calls. In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
Use of the Site, Application and Services is available only to persons who can form legally binding contracts under Indian laws. The Site, Application and Services are intended solely for persons who are 18 years of age or older. If you are below 18, then your parent or guardian can open an account and help you enrol in courses that are appropriate for you. The use of the Site, Application and Services is also not available to persons whose membership has been suspended or terminated by Philoid for any reason whatsoever. Any access to or use of the Site, Application or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years or older.
Philoid is a community. We offer several features that allow members to connect and communicate in public or semi-public spaces, such as Forums and Teams. Please adhere to our community guidelines and judge before posting in these community spaces or sharing your personal information with others on Philoid. Be aware that any personal information you submit there can be read, collected, or used by others, or could be used to send you unsolicited messages.
Philoid will create Listing of various online Courses and the details about the Course, including, but not limited to, the subject, topic, number of sessions, mode of conduct, and time slots of the lectures and pricing and related rules and financial terms will be listed on the Site and the Application. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to Students preferences, ratings. Students will be able to view Courses via the Site, Application and Services based upon the information provided in the Listing, Students requirements, and Students' search parameters and preferences. We understand and agree that once a Student requests enrolment for Course, We may not request the Student to pay a higher price than that mentioned in the Site or Application. Please note that Philoid assumes no responsibility for a Student's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Philoid reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that Philoid, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Philoid's then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services. If you are a Teacher, you understand and agree that your relationship with Philoid is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint- venturer or partner of Philoid for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Philoid. Philoid does not control your offline activities. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Philoid, including by inappropriately using any Philoid intellectual property. When you enrol for a Course, you will also be required to upload certain information, such as, uploading a profile picture or verifying phone number. Any Member wishing to enrol for any of the Courses must meet these requirements.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Philoid with respect to such actions or omissions.
If an enrolment is requested for any Course via the Site, Application or Services, We will either pre-approve, confirm or reject the enrolment request within the period of 7 days from the date of request for enrolment (‘ Enrolment Request Period’ ), otherwise the enrolment request will automatically expire. If We are unable to confirm or decide to reject an enrolment request within the Enrolment Request Period, any amounts collected by Philoid for the requested enrolment will be refunded to the concerned Student. When We confirm an enrolment requested by a Student, Philoid will send the Student an email, text message or message via e-mail and the Application confirming such enrolment, depending on the selections you make via the Site, Application and Services. The Course Fees payable will be displayed to the Student before the Student sends an enrolment request to Philoid. Upon receipt of the Students enrolment request, Philoid may initiate a pre-authorization and/or charge a nominal amount to Student’s Payment Method pursuant to the Payments Terms. If a requested enrolment is cancelled (before any tuitions are provided), any amounts collected by Philoid will be refunded to such Student, depending on the selections the Student makes via the Site and Application, and any pre-authorization of Student's Payment Method will be released, if applicable. Philoid will collect the Course Fees from Students at the time of the enrolment request. Philoid agrees that no refund will be permitted in respect of tuitions already provided and in accordance with the cancellation policy reflected in the relevant Listing, (i) permit the Student to cancel the enrolment and (ii) refund to the Student that portion of the Course Fees specified in the applicable cancellation policy. In case relevant Listing does not have a specified cancellation policy, the refund amount would be pro-rata to the unconsumed portion of the tuition. You agree that Philoid through its Site or Application would raise system generated invoice to the Student in relation to the Course for which the Student has enrolled or in relation to any kind of payment done, as per applicable laws. Philoid will raise invoice for the above which shall be inclusive of all applicable Taxes. You as a Student agree to pay the Course Fees for any enrolment requested, in connection with your Philoid Account. Philoid will collect the Course Fees pursuant to the Payments Terms.
CANCELLATIONS and REFUNDS
If, as a Student, you wish to cancel a confirmed enrolment made via the Site or the Application, after enrolment to the Course, the cancellation policy contained in the applicable Listing will apply to such cancellation provided that no refund will be made in respect of tuitions/courses/services already provided. Our ability to refund the Course Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy and financial charges applicable in case of course payment through No Cost EMI options. Details regarding refunds and cancellation policies are available via the Site and Application. Philoid will initiate any refunds due pursuant to the Payments Terms. Please refer to the Refunds section of FAQs for latest updated terms and conditions for various categories of listings/courses. If We cancel a confirmed enrolment made via the Site, Services, and Application, (i) Philoid will refund the Course Fees paid by the Student for such enrolment to the applicable Student pursuant to the Payments Terms which shall not exceed the total amount paid by the Student.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority ") where your office or residence is located may require Taxes to be collected from Students on the amount paid for the Course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Course Fees set by Philoid.
CONDITIONS OF USE
Licensee does not warrant that this website, its servers, or email sent by us or on our behalf are virus free. We will not be liable for any damages of any kind arising from the use of this website, including, but not limited to compensatory, direct, indirect, incidental, punitive, special or consequential damages, loss of data, goodwill, business opportunity, income or profit, loss of or damage to property and claims of third parties.
GOVERNING LAW AND JURISDICTION:
In the event of any dispute arising between the parties with respect to this Agreement, the same shall be referred to the Sole Arbitrator and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996. The language of arbitration proceedings shall be English. The seat and place of arbitration shall be Delhi and the decision of the Arbitrator shall be final and binding on both parties herein. This contract shall be subject to the exclusive jurisdiction of courts in Delhi, India and shall be governed by the Indian laws.
CHANGES TO THIS TERMS and CONDITIONS
Philoid may at any time with or without a separate notice change this terms and conditions, and You are encouraged to review this from time to time. In case of substantial changes, Philoid notifies the Users by push notice or via notice on the Philoid website.
If you have any queries, feel free to reach us at firstname.lastname@example.org