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:
PracBee respects and complies with the EU General Data Protection Regulations (GDPR).
Some of the key ways we comply with these regulations are:
We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly consent to contact from us.
In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach.
Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, in an electronic format.
Once we have compared your (the subjects’) rights to “the public interest in the availability of the data”, we may delete your personal data where you have requested this.
We allow you to receive the personal data concerning you, which we will provide in a ‘commonly used and machine readable format’ and you have the right to transmit that data to another ‘controller’.
We implement appropriate technical and organisational measures, in an effective way and protect the rights of data subjects’. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.
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 PracBee 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.
The Site, Application and Services can be used to facilitate the Students to enrol for Courses. Such Courses are included in Listings on the Site, Application and Services by PracBee. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to enrol for the Courses, you must first register to create a PracBee Account (defined below).
PracBee makes available an online platform which provides various online Courses for the Students. It also provides courses with instructor led classes. Unless explicitly specified otherwise in the PracBee platform, PracBee’s responsibilities are limited to facilitating the availability of the Courses through the Site, Application and Services.
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 PracBee with respect to such actions or omissions.
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 PracBee.
This policy is applicable to all persons and organizations associated with PracBee, referred to as PracBee’s Stakeholders, including:
In instances and circumstances where PracBee may not have required control over the person alleged of any concern under this policy, including an instance of child abuse, PracBee shall provide the required cooperation, assistance and support to such parent or guardian of the affected child, in approaching any external, legal mechanism including the Police and/or the Courts, though PracBee is itself not personally liable in such instances.
PracBee expects all its stakeholders falling within the scope of this policy [Part A (II)] to adhere to the following child safety code of conduct :
If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to PracBee by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
In order to provide the services to you we collect some of your Personal Information. We describe our collection and use of personal information in our Privacy Policy. Please review this policy. You must agree to the processing of your personal information as laid out in PracBee’s Privacy Policy (as may be updated from time to time). You agree that PracBee may disclose personal information provided to us, including the data entered into the Website, if required to by law or government request such as a warrant, or as specified in the Privacy Policy. You must be 18 years or older to use this service. You are responsible for preventing unauthorized access to your account.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of India. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of PracBee and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of PracBee used on or in connection with the Site, Application, Services, and PracBee Content are trademarks or registered trademarks of PracBee in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and PracBee Content are used for identification purposes only and may be the property of their respective owners. As a Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including PracBee’s Trademark & Branding Guidelines (as may be updated from time to time).
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
Subject to your compliance with these Terms, PracBee grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.
Subject to your compliance with these Terms, PracBee grants you a limited, non-exclusive, non-transferable license, to (a) access and view any PracBee Content solely for your personal and non-commercial purposes and (b) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by PracBee or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through PracBee promotional campaigns, you hereby grant to PracBee a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. PracBee does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through PracBee promotional campaigns, you hereby grant to PracBee a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. PracBee does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that PracBee is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PracBee of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback “). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of PracBee and you hereby irrevocably assign to PracBee and agree to irrevocably assign to PracBee all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At PracBee’s request and expense, you will execute documents and take such further acts as PracBee may reasonably request to assist PracBee to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
PracBee respects copyright law and expects its users to do the same. It is PracBee’s policy to terminate in appropriate circumstances the PracBee Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
This Agreement shall be effective for till the time Members access or use the Site, Application, Courses or Services or by downloading or posting any content from or on the Site, via the Application or through the Services Until such time when you or PracBee terminate the Agreement as described below.
PracBee may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the ” User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the PracBee Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) PracBee believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, PracBee or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition PracBee may deactivate or delay reviews, or other Member Content, cancel any pending or confirmed enrolments, limit your use of or access to your PracBee Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your PracBee Account, or temporarily or permanently suspend your PracBee Account if (i) you have breached these Terms or our Policies, including material and nonmaterial breaches and receiving poor ratings from Students, or (ii) PracBee believes in good faith that such action is reasonably necessary to protect the safety or property of Members, PracBee or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by PracBee and an opportunity to resolve the issue to PracBee’s reasonable satisfaction.
If we take any of the measures described above we may (i) communicate to the Students that a pending or confirmed enrolment has been cancelled, (ii) refund the Students as per the pre-existing refund policies, (iii) support the Students, on an exceptional basis, in finding potential alternative Courses, and (iv) you will not be entitled to any compensation for confirmed enrolments that were cancelled
You agree to release, defend, indemnify, and hold PracBee and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) enrolment of an Course; including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an enrolment or attending of a Course.
Except as they may be supplemented by additional PracBee policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between PracBee and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any enrolments made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between PracBee and you regarding enrolments, the Site, Application, Services, and Collective Content (excluding Payment Services).
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by PracBee (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by PracBee (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of PracBee to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PracBee. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE