Terms and Conditions

Thanks for using our Services.

This is a legal and binding agreement between you, the user (referred to as “user” or “you”) of the Programs, as defined below, and Instrainee (referred to as “we”, “us” or “Instrainee” OR “Provider”) stating the terms that govern your use of the Platform, as defined below. The website www.instrainee.com and mobile apps (collectively referred to as the “Platform”) and the information, services and other materials contained therein are provided and operated by Instrainee. Instrainee offers specially designed online education and industry-relevant platform for real time virtual classrooms, job oriented trainings and ready to use programs.

Please review our Terms of Use, Privacy Policy and other policies available on the Platform (collectively referred to as the “Terms and Conditions”) that govern the use of the Platform and their Programs. Only by accepting these Terms and Conditions for accessing the website/ platform, you are automatically giving consent to agree and undertake to abide by, the said “Terms” and in case, if you do not agree to these “Terms”, you shall not be entitled to avail of/use the our services. Any use of these services thereafter shall be unauthorized and illegal.

Each Program shall have a separate set of terms and conditions governing such Programs, and our corporate clients may have executed separate written agreements with us, which, in the event of a conflict, will supersede these Terms and conditions as per the relevant laws at that time.

These Terms shall apply to Instrainee hosted mobile apps, WhatsApp groups, Facebook groups, Instagram pages, Twitter Posts, Facebook pages, email/SMS/phone communications and other social media forums hosted by Instrainee, which shall be deemed to be part of the ‘Platform’ by reference. You acknowledge that certain parts of the Platform, as mentioned above, are provided by third-party service providers, and you agree to abide by their terms and conditions. Instrainee shall not be responsible for any disruption of services caused by such third-party service providers.

We may change these Terms and Conditions from time to time without prior notice. You should review this page regularly. Your continued use of the Platform and Programs after changes have been made will be taken to indicate that you have read and accepted those changes. You shall not use the Platform or Programs if you are not happy with any changes to these Terms. Instrainee makes no representations that the Platform operates (or is legally permitted to operate) in all geographic areas, or that the Platform, or information, services or products offered through the Platform are appropriate or available for use in other locations. Accessing the Platform from territories where the Platform, or any content or functionality of the Platform or its portions thereof is illegal is expressly prohibited. If you choose to access the Platform, you agree and acknowledge that you do so, on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

Definitions

1. "Access Credentials" means any user name, identification number, password, license or security key, security token, personal identification number (PIN) or other security code, method, technology or decide used, alone or in combination, to verify an individual's identity and authorization to access and use the Services.
2. "Aggregated Statistics" means data and information related to Customer's use of the Services that is used by Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services.
3. "Authorized User" means Customer's employees, consultants, contractors, agents and customers or clients (i) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement; and (ii) for whom access to the Services has been purchased hereunder.
4. “Content” means any and all information and data, which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features and other materials.
5. “Customer” means a person (including business firms, schools, colleges, coaching centers, individuals etc.) who purchases our product or services for commercial or personal use.
6. "Customer Data" means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Services.
7. "Customer Systems" means Customer's information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), networks and Internet connectivity, whether operated directly by Customer or through the user of third-party services.
8. "Documentation" means Provider's user manuals, handbooks, and guides relating to the Services, provided by Provider to Customer either electronically or in hard copy form/end user documentation relating to the Services.
9. "Law" means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree or other requirement of any federal, provincial, territorial, municipal or foreign government or political subdivision thereof, or any arbitrator, court or tribunal of competent jurisdiction.
10. "Services" means the software-as-a-service offerings offered by Instrainee and purchased by Customer.
11. "Instrainee Account" means the Customer's individual user account, as provided to it by Provider.
12. "Third-Party Products" means any third-party products provided with or Incorporated into the Services.
13. “User Contents” means the contents uploaded by user like forum posts, chat with other users and Instrainee’s counsellors, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Programs, e.g., questions, hypothetical, examples, assignments, industry projects, etc.

1. Access and Use

The Services may be accessed by

1. Though our facilities would change with time, we are providing you the following facilities in eminence i.e.
1. The education platform
2. The LMS
3. The quiz series
4. The test series
5. Etc. and many more.
2. After registration, a user would get auto generated User ID for various services available on the Instrainee platform. The user is solely responsible for keeping the information confidential (including user name and password) and further after results in case of fail to do so.
3. Whether you have enrolled in a Program or are simply browsing the Platform, once you have accessed the Platform or Programs, you shall be considered a ‘user’ for the purpose of these Terms. You are responsible for all your activities in connection with the use of the Platform and Programs. You hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties and regulations in connection with such use. You shall not resort to any unethical practices while using the Platform.
4. The total number of Authorized Users will not exceed the number set forth in the plan purchased by Customer, except as expressly agreed to in writing by the Parties and subject to appropriate adjustment of the fees payable hereunder as agreed.
5. Documentation License-Subject to the terms and conditions contained in this Agreement, Provider hereby grants to User a non-exclusive, non-sub-licenseable, non-transferable license to use the Documentation during the Term solely for User’s internal business purposes in connection with its use of the Services.
6. The role of Instrainee is limited to providing a platform for interaction between Training Providers, Distributors, Clients and/or Learners. You are solely responsible for your business dealings or other interaction with other users of the Services, whether online or offline. As a result, you acknowledge and agree that:
1. Instrainee will not be responsible or liable for any claim, loss or damage of any sort arising from or in connection with any such dealings or other interaction; and
2. if a dispute arises between you and any one or more users (whether a Training Provider, Distributor, Client or Learner), you release Instrainee and the Instrainee Affiliates from any claims, demands and damages (actual and consequential, and whether direct or indirect) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
7. Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing", "pharming" or "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the Platform or any other third party whatsoever. However, if any such event does take place, Instrainee shall not be liable for any loss of data or if the user’s device, computer or any other property is compromised in any manner.
8. You acknowledge and agree that Instrainee has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to you.
9. During your use of the Platform and Programs, you will:
1. not harass other users, students, attendees, support agents or visitors;
2. not create an atmosphere of disharmony, hostility within student groups;
3. not cheat on any homework assignment or exams for the Program;
4. not post online any secured testing materials;
5. not share solutions to homework assignments or exams; and
6. notify the instructors /educational partner immediately if you become aware of any other user cheating or breaching these Terms and comply with the requirements of the specific applicable code of conduct, if any, relating directly to a Program into which such user is enrolled.
10. In order to participate in most Platform activities and to apply for a Program, you will need to register for a personal account (“User Account”) by undergoing a two-step verification process to verify your login credentials such as your phone number, by way of a one-time password which will be sent to your phone number simultaneously and/or by providing an email address and a password that is unique.
11. You agree that you will never divulge or share access to your User Account with any third party for any reason. You also agree that you will create, use and/or access only one User Account, and that you will not use any User Account other than your own.
12. In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Platform and your enrolment into a Program, to the extent applicable.
13. In addition to the registration process, as part of your use of the Platform or participation in the Programs, we may obtain certain information about you and your performance in the Programs. Some of this information may be Personally Identifiable Information. We may use, maintain and store this information to provide certain services to you now and in the future, and may share such information with our Educational Partners or third parties in conjunction with such services or for the purpose of marketing. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores in our classes. Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from us or any third party for the above mentioned purposes till 365 days of your registration with us.

Payment Terms and Refund Policy

14. Unless otherwise expressly agreed in writing by Instrainee, full payment for participation in a Program is required at the time of registration. In the case of Programs that include a trial window, such trial window shall be made available only after the full payment. During the trial window, upon a request by the user, and to the satisfaction of Instrainee, Instrainee may choose to refund the Program Fees paid, subject to deduction of such applicable charges as may be decided by Instrainee from time to time. Once the trial window is closed, there will be no refund allowed for any reason whatsoever.

    Owing to certain exceptional circumstances, if Instrainee has granted you access to a Program pending payment, and Instrainee does not receive payments within the stipulated time periods, Instrainee may, at its own discretion, withdraw your access to the Program without giving any prior notice.

15. It is the sole responsibility of the user enrolling into a Program to check the accuracy of, and evaluate the suitability and relevance of, the Program elected. The enrolment into a Program is non-transferable.
16. You may cancel your enrolment at any time. The payment once paid shall not be refunded on account of such cancellation requests.
17. Instrainee reserves the right to cancel or reschedule any Program or live lectures/webinars, or to alter, modify or rearrange the schedule of topics, as well as the point value or weight of assignments, tests, quizzes, exams, projects and other such evaluations of progress. You also agree that Instrainee, at its sole discretion, may limit, suspend, or terminate your use of the Platform or Programs and/or all Instrainee -provided services related to the Programs, such as access to Instrainee coaches or support services, evaluation services, or certifications. You also agree that Instrainee may modify or discontinue all services related to its Programs / Platform at its sole discretion. You agree that Instrainee shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Nothing in these Terms shall be construed to obligate Instrainee to maintain and support the Platform or Programs or any part or portion thereof or any associated services.
18. You agree that Instrainee shall be under no liability whatsoever to you in the event of non-availability of the Platform or any portion thereof occasioned by Act of God, war, disease, revolution, epidemic, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster or any other cause whatsoever beyond the control of Instrainee.
19. You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Platform, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other mobile communication device connection services. You shall be exclusively responsible for ensuring that such equipment or ancillary services are compatible with the Platform, and you shall be responsible for all charges incurred in connection with the use of the Platform and Program in connection with all such equipment and ancillary services.
20. Educational Partners and Accreditation

    Instrainee is an education and training platform, offering Programs in consultation with Indian and International universities, colleges, educational institutions, governmental authorities, NGOs, corporates, coaching centers, individuals tutors etc. (each an “Educational Partner”).

21. You acknowledge and agree that any Program affiliated with an Educational Partner may be subject to the terms, policies and procedures of the applicable Educational Partner in addition to Instrainee’s Terms. Without limiting the foregoing, if you are a student / user registered or enrolled at, or are otherwise attending, an Educational Partner and are taking a Program for credit or certification through that Educational Partner, you acknowledge and agree that (a) the Educational Partner may have its own terms, policies or procedures regarding your eligibility to participate in the Program, your participation in the Program, the requirements or prerequisites for receiving credit or certification for the Program, and/or your educational or student records as they may relate to your participation and performance in the Program, and (b) your educational or student records are maintained by the Educational Partner, including for purposes of assigning credit or certification, and not Instrainee.
22. Instrainee’s Intellectual Property Rights

    The Platform, Programs and related services are owned and operated by Instrainee and its licensors. All Content or other material available on the Platform or through the Programs, including but not limited to online/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively “Instrainee Content”), are the property of Instrainee and/or its affiliates or licensors, and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian and foreign laws. All software used on the Platform is the property of Instrainee and is protected by Indian and international copyright laws.

    Instrainee logos, trademarks and service marks that may appear on the Platform and in the Program (“Instrainee Marks”) are the property of Instrainee and are protected under Indian and foreign laws. All other trademarks, service marks and logos used on the Platforms, Online Courses or Programs, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Platforms are protected by Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Instrainee.

    As a condition of accessing the Platforms and/or using the Programs, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any Instrainee Content or any portion of it thereof, other than as expressly allowed under these Terms; and (b) use the Instrainee Marks or the name, trademarks, service marks, or other materials of any Educational Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose.

23. Third-Party Intellectual Property

    Instrainee respects third-party intellectual property rights and actively supports protection of all third-party intellectual property including copyrights and trademarks (“IP”). It is our policy to expeditiously respond to clear notices of alleged IP infringement. If we receive proper notification of IP infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity.

    Instrainee shall not be held liable for the unauthorized use of any third-party IP, and the user that carries out such unauthorized use or infringes any IP available on the Platform shall fully indemnify and hold Instrainee harmless against any and all claims that may arise as a result of such use.

24. Limited License

    The services on the Platform are licensed, not sold. In consideration for your agreement to these Terms, Instrainee grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Platform and Programs, solely in accordance with the Terms. You may download or copy the portions of the Instrainee Content available on the Platform for your own non-commercial and personal use only, provided you maintain all copyright and other notices contained in such Instrainee Content. You may not copy, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of Platforms, Programs or any Instrainee Content. Notwithstanding the foregoing, certain reference documents, digital textbooks and articles may be made available to you with the permission of third parties, and use of that information is subject to certain rules and conditions, and you agree to abide by all such rules and conditions.

    You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Platform or the Programs. From time to time, Instrainee may include software, code, instructions, or other such information in the Instrainee Content for the Programs.

25. User Content

    Instrainee does not claim ownership of any User Content you may submit or make available for inclusion on the Platform or Programs. Accordingly, subject to the license granted to Instrainee above, the user will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.

    With respect to any User Content you submit via the Platform or Programs or that is otherwise made available to Instrainee, you hereby grant Instrainee an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Platforms or in the Programs or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). Instrainee reserves the right to remove any User Content at any time and for any reason.

    To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Instrainee to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Instrainee, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.

    Instrainee does not control the User Content posted through the Platform, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will Instrainee be liable in any way for any User Content, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your posting or use of any User Content. You are responsible for complying with all the laws applicable to the User Content.

    You are prohibited from posting the following Content on the Platform:

    1. Content that is fraudulent, indecent, or libellous, or defames, harasses, discriminates against, harms or threatens others;
    2. Content that discusses illegal activities, with the intent to commit them;
    3. Content that infringes or misappropriates patents, trademarks, trade secrets, right of publicity, or other intellectual property rights of third parties;
    4. Content that you do not have the right to disclose;
    5. Profane, pornographic, obscene, indecent or unlawful Content;
    6. Advertising or any form of commercial solicitation;
    7. Content related to partisan political activities;
    8. Content that contains intentionally inaccurate information or that is posted with the intent of misleading others;
    9. Viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
    10. Content that consists of any high volume, automated, or electronic means to access the Platform (including without limitation robots, spiders or scripts);
    11. Content that violates the rights of other users of the Platform; or
    12. Content that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
26. Platform Security

    You are prohibited from violating or attempting to violate the security of the Platform or any other associate Platform of Instrainee, including, without limitation,

1. Accessing data not intended for such user or logging onto a server or an account that the user is not authorized to access;
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, "flooding," "spamming," "mailbombing" or "crashing;"
4. Sending unsolicited emails, including promotions and/or advertising of products or services; or
5. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on the Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine and search agents available on the Platform and other than generally available third-party web browsers (e.g., Google Chrome or Microsoft Explorer).

27. Changes. Instrainee reserves the right, in its sole discretion, to make any changes to the Services, Materials, packages and products that it deems necessary or useful to

(a) Maintain or enhance:

1. The quality or delivery of Instrainee’s services to its customers;
2. The competitive strength of or market for Instrainee’s services;
3. The cost efficiency or performance of the Services; or

(b) to comply with applicable Law.

28. Subcontractors. Provider may engage third parties to perform Services (each, a “Subcontractor”) as per the requirements.
29. Disclaimer

    The Platform and/or Programs may contain typographical errors or inaccuracies and may not be complete or current. Instrainee, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.

    Instrainee makes no representations or warranties of any kind, whether expressed or implied, with respect to Instrainee Content or services available on or through this Platform and Programs, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Instrainee makes no warranty that the services will meet the user's requirements or that the services will be uninterrupted, timely, secure, or error free; nor does Instrainee make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that any defects in the software will be corrected.

    The user understands and agrees that the Instrainee Content and all other information, data, or other material downloaded or otherwise obtained through or from the Platform or Programs is obtained at the user's own discretion and risk, and that the user will be solely responsible for any damage to the user, the user's computer system, electronic device or any loss of data that results from the download of such material or data.

    No advice or information, whether oral or written, obtained by the user from Instrainee or through or from the services, shall create any warranty by Instrainee. In the event you find that the information provided on the Platform or Programs is incorrect, or if you are the owner of any information or content and wish that such information or content is not displayed on the Platform or Programs, kindly notify us at the address provided.

30. Limitation of Liability

    Neither Instrainee nor any of its Educational Partners, affiliates, employees, directors, officers, agents, vendors or supplier shall be liable to you or any other person, whether in Tort, Contract, Strict Liability or otherwise, for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use this Platform or Programs, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of search results, or computer / electronic device failure, virus or malfunction.

31. Site Linking

    The Platform may contain links to pages on other websites ("Linked Sites"), and those Linked Sites may contain Content or offer products and/or services for sale. Instrainee does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites; (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites; and (c) you agree to the terms and conditions of the Linked Sites. We may remove any Linked Sites from the Platform at any time with or without reason.
    INSTRAINEE WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.
    You may not establish a link to this Platform from any other website, application, intranet or extranet site without our prior written consent. If you wish to create links, you may contact us before doing so. In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of Instrainee, including its Educational Partners, respective employees, agents, directors, officers or shareholders.

32. Indemnity

    You agree to indemnify and hold Instrainee and its Educational Partners harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, relating to or arising out of (a) your use or attempted use of the Platforms or Programs in violation of the Terms; (b) your violation of any law or rights of any third party; or (c) information or Content that you or others post or otherwise make available on the Platform or through any Program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

33. Termination of Rights

    You agree that Instrainee, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform or enrolment to a Program with or without reason, including, without limitation, if Instrainee believes that you have (a) breached the Terms; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorized Content on the Platform; or (d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct. You agree that any deactivation or termination of your access to the Platforms or Programs may be effected without prior notice to you and that Instrainee shall not be liable to you nor any third party for any termination of your account or enrolment into a Program. You also acknowledge that Instrainee may retain and store your information on Instrainee’s systems notwithstanding any termination of your account or enrolment into the Programs.

34. Suspension. Notwithstanding anything to the contrary in this Agreement, Instrainee may temporarily suspend Customer’s and any of the Authorized User’s access to any portion or all of the Services if:
    (A) there is a threat or attack on any of the Instrainee’s IP,
    (B) Customer’s or any Authorized User’s use or disrupts or poses a security risk to the Instrainee’s IP or to any other customer or vendor of Instrainee,
    (C) Customer, or any Authorized User, is using the Instrainee’s IP for fraudulent or illegal activities,
    (D) subject to applicable Law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding,
    (E) Instrainee’s provision of the Services to Customer or any Authorized User is prohibited by applicable law, or
    (F) technical repairs or maintenance are required to the Instrainee’s Systems.
    (i) any vendor of Instrainee has suspended or terminated Instrainee’s access to or use of any third-party services or products required to enable Customer to access the Services
    (ii) Instrainee shall not be liable for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of a Service Suspension.
    
35. Aggregated Statistics. Notwithstanding anything contrary to this Agreement, Provider may monitor Customer’s use of the Services and collect and compile Aggregated Statistics.
    Provided further that between Provider and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. Customer acknowledges that Provider may compile Aggregated Statistics based on Customer Data input into the Services.
    Customer agrees that Provider may
    i.make Aggregated Statistics publicly available in compliance with applicable Law, and
    ii.use Aggregated Statistics to the extent and in the manner permitted under applicable Law; provided that such Aggregated Statistics do not identify Customer or Customer’s Confidential Information.
36. Storage Allocation. If you have more content stored on our server in your account than is provided to you under the terms of subscription and you do not respond to notice from instrainee to fix your account by removing excess content or moving to a new subscription plan with more storage, we reserve the right to close your account and delete or disable access to Your Content.
37. Support. Technical support is provided for Customers if the support request is directly and solely regarding the Services so long as the request is made on a weekday (Monday through Friday) between 10:00 and 18:00 Indian Standard Time (excluding Holidays).
    Support will only be provided to Authorized Users and will not be provided to anyone else, including, but not limited to, registered non-administrators, people and/or persons claiming to be an administrator without being able to prove their identity, and employees or executives of the Customer who are not Authorized Users.
38. Data Backup. Provider will take industry-standard precautions to maintain and back up Customer’s data on a periodic basis. Provider takes daily snapshots to help ensure that Customer data will be maintained even in the highly unlikely event of server downtime. The Services do not replace the need for Customer to maintain regular data backups or redundant data archives. PROVIDER HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION OR RECOVERY OF CUSTOMER DATA.
39. Miscellaneous Provisions

    By accepting the Terms through your use of the Platform, you certify that you are 18 years of age or older. If you are under the age of 18 or under the legal age in your jurisdiction to enter into a binding contract, you may use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by the Terms. If you are a parent or legal guardian agreeing to the Terms for the benefit of a child below 18, be advised that you are fully responsible for his/her use of the Platform, including all financial charges and legal liability that he/she may incur. By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into the Terms and to abide by all of the terms and conditions set forth herein. The Programs are not for the use of individuals under the age of 18 years.
    Instrainee may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Program specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any Program-specific terms without the prior written consent of Instrainee.
    These Terms or any Program-specific terms shared with you shall be governed by, construed and enforced in accordance with the laws in India, as these are applied to agreements entered into and to be performed entirely within India and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Instrainee, you or any third party to enforce these Terms or any Program-specific terms shared with you, or in connection with any matters related to the Platform or Programs, shall be subject only to the jurisdiction of the courts of Delhi only. Where a dispute arises, the parties involved shall make all reasonable efforts to resolve the dispute through good faith negotiations. If efforts to amicably resolve any dispute or claim between the parties are unsuccessful, then such dispute or claim arising out of or in connection with the Terms or any Program-specific terms shared with you, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration and Conciliation Act, 1956, as amended (“Act”) before a sole arbitrator to be appointed by Instrainee. The proceedings shall be conducted in English and the seat for arbitration shall be Delhi.

40. Term and Termination.
1. Term. The initial term of this Agreement begins on the effective date (“Effective Date”) specified in the plan purchased by the Customer and, unless terminated earlier pursuant to this Agreement’s express provisions, will continue in effect until such time that is specified in said plan (the “Initial Term”). This Agreement will automatically renew at the end of each Term or Renewal Term, as applicable, unless earlier terminated pursuant to this Agreement’s express provisions or either Party gives the other Party written notice of non-renewal no less than sixty (60) days prior to the expiration of the then-current term (each a “Renewal Term” and together with the Initial Term, the “Term”).
2. Termination. In addition to any other express termination right set forth in this Agreement:
1. Provider may terminate this Agreement, effective on written notice to Customer, if Customer: (A) fails to pay any amount when due hereunder, and such failure continues more than five (5) days after Provider’s delivery of written notice thereof; or (B) breaches any of its obligations under this Agreement;
2. either Party may terminate this Agreement, effective immediately upon written notice to the other Party, if the other Party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
3. Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, Customer shall immediately discontinue use of the Provider IP and, without limiting Customer’s obligations under Section 6, Customer shall delete, destroy, or return all copies of the Provider IP and certify in writing to the Provider that the Provider IP has been deleted or destroyed. No expiration or termination will affect Customer’s obligation to pay all Fees that may have become due before such expiration or termination, or entitle Customer to any refund.
41. Any other issue not mentioned in this terms may be consider as the present laws at that point of time when the said issue would be arise in future and would be decide accordingly.
42. You agree these whole terms unconditionally, willingly, without any force, pressure, cohesion, undue-influence and mis-representation and after understanding and satisfying yourself with the present terms and conditions and after accepting these terms, you will not raise any issue regarding these terms in future on the aforesaid grounds before any form or authorities at any point of time.