Terms of Service & Use

Last updated: Feb 19, 2019

Terms

By accessing the website at https://www.ipassio.com(the "Service") operated by ipassio E-learning Technologies Private Limited and ipassio America LLC ("us", "we", or "our"), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Use License

  1. Permission is granted to temporarily access the materials (information or software) on ipassio E-learning Technologies Private Limited's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
    • modify or copy the materials;
    • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    • attempt to decompile or reverse engineer any software contained on ipassio E-learning Technologies Private Limited's website;
    • remove any copyright or other proprietary notations from the materials; or
    • transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by ipassio E-learning Technologies Private Limited at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

ipassio E-learning Technologies Private Limited and ipassio America LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.

Additional Terms for Teachers

The teachers who sign up for the Service agree and acknowledge that:

  • Certain personal information including but not limited to phone number, email ID, videos, images, course material, personal profile will be shared with students and other selected users of the Service.
  • Personal wiki profile for teachers will be created listing out the main career highlights of the teacher
  • You will not hold the company accountable for any use or misuse of such personal information by students or another third party.
  • The above-mentioned personal information will also be used by ipassio for marketing and advertising purposes.
  • You need to make all the setup ready for taking classes, including but not limited to a laptop, video conferencing software, internet connection, musical instrument, study materials, teaching aids, worksheets, etc.
  • Making a direct deal with the student is strictly prohibited and if the teacher has found doing this, their account can be suspended from the Service and the teacher will have to compensate ipassio for the loss of student, marketing, and operational costs of acquiring and retaining the student(s) and future loss of revenue and other related costs.
  • Teachers will be paid their fees after they submit the attendance on ipassio and make a withdrawal request. The company would then submit the request to the bank and the amount will be paid within 5 business days.
  • Teachers are required to discuss with the ipassio team prior to making any modifications to their course prices. Once a course price has been published, it must remain unchanged for a minimum period of one year for that specific course, and the price should also remain consistent throughout the duration of the course for the student who has not completed that course.
  • The personal conduct and behavior of the teacher while taking classes must be socially and morally appropriate.
  • The teachers are expected to treat all students with equality, fairness, and respect, fostering a positive learning environment. In the event that a teacher encounters any difficulties or challenges in handling a student, they should promptly report, consult, and discuss the matter with the ipassio team. It is essential to collaborate in resolving any issues that may arise, ensuring the best possible educational experience for all students.
  • Failure to comply with any of the above requirements gives ipassio the right to take appropriate actions and make the teacher's courses or the teacher unavailable on the website. Furthermore, ipassio will not be held responsible for attracting new students through any marketing efforts in such cases.

Class Schedule

  • If the student cannot make it for a mutually scheduled class, he/she must give at least 2 days of prior notice of absence. In that case, the class can be rescheduled to another mutually convenient time. If a student fails to inform 2 days in advance, then it is up to the teacher's discretion to charge for the class or not.
  • A class can be rescheduled only once after which it will lapse and the teacher will be eligible to charge for it.
  • However, if the teacher fails to inform 2 days in advance, then the class can be rescheduled for another mutually convenient date or a refund claim can be made for that class. In such a case, the refund can be processed only if the request is placed within 7 days of course purchase/refill.
  • The timings mentioned in a Section of the course page are just a representation and doesn't confirm the teacher's availability for the time mentioned therein. When you enroll in a Section, essentially what you are buying is the teacher's availability, for the duration mentioned on the course page, for the week which can take place based on mutual agreement anytime during the week.
  • The course duration mentioned on each course page is tentative and will vary i.e. it can be less or more based on each student's prior knowledge, speed of learning, grasping capability and practice time devoted on an everyday basis.
  • Class attendance is to be marked by the student once the class gets over. If the student fails to mark the attendance, the teacher has the provision to mark them. The company will assume that the class has happened if the student fails to mark the attendance and if the teacher has marked it.

Additional Terms for Students

  • It is to be noted that certain personal and course information including but not limited to an email ID, Skype ID, video tutorials, study materials, check sheets, and worksheets will be shared by the teacher with the student. Any sort of misuse (share or distribute) will result in appropriate actions against the student, including but not limited to: offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement.
  • All teachers on ipassio are providing 1-on-1 lessons, therefore when a student enrolls or refills i.e. buys more classes in a course, the teachers have the right to decide and cancel the enrollment if they want to. If the teacher cancels the enrollment, ipassio will make the necessary refunds to that student for the number of classes the student had enrolled for and not attended.
  • Students are overall eligible to make the request for a free session of 15 to 20 minutes only 2 times on our platform/website.  After this, if more requests are made for the free session, then ipassio team has the right to decide whether to allow the students for more free session requests with any teacher.
  • Students must purchase a minimum of 2 classes at a time.
  • Students shall also not directly make a deal with the teacher outside of ipassio. If found doing this, the student’s account can be suspended from the Service
  • It is also to be noted that teachers reserve the right to change the fees for a course . No change in the fees will, however, take place for the classes that have been already purchased by the student and is due to be attended.
  • Students are required to mark attendance and submit ratings and reviews for each class within 24 hours of class completion.  When unable to do so within 24 hours, the admin reserves the right to release the amount to the teacher. In addition, the teacher also reserves the right to withdraw the amount.

GST

For Teachers from India, they should inform ipassio whether they have a GST number or not - if yes, then ipassio will pay the GST collected from the students to the teacher and the teacher will be responsible to remit the same to the government. If the teacher does not have a GST registration, then ipassio will collect it from the student and remit it to the Government. The onus to share the GST registration number with ipassio lies on the teacher.

Minors

ipassio cares deeply about the minor students and we strive to give the best experience for them. For students below the age of 13 (this age limit may vary from country to country), the classes should strictly happen in the presence of one of the parents.

Limitations

In no event shall ipassio E-learning Technologies Private Limited and ipassio America LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Accuracy of materials

The materials appearing on ipassio E-learning Technologies Private Limited's and ipassio America LLC's service could include technical, typographical, or photographic errors. We may also experience delays in updating information on the Service and in our advertising on other websites. ipassio E-learning Technologies Private Limited does not warrant that any of the information, including prices, product images, specifications, availability, and services on its service and advertisements are accurate, complete or current. ipassio E-learning Technologies Private Limited may make changes to the materials contained on its service at any time without notice. However, ipassio E-learning Technologies Private Limited does not make any commitment to update the materials.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, reviews, ratings, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of [email protected] and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of ipassio E-learning Technologies Private Limited, ipassio America LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the India and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ipassio E-learning Technologies Private Limited and/or ipassio America LLC.

Links

Our Service may contain links to third-party websites or services that are not owned or controlled by ipassio E-learning Technologies Private Limited and ipassio America LLC.

ipassio E-learning Technologies Private Limited and ipassio America LLC has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that ipassio E-learning Technologies Private Limited and ipassio America LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. The inclusion of any link does not imply endorsement by ipassio E-learning Technologies Private Limited of the site.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Fees and Taxes

The courses on ipassio are available at a fee quoted by the teacher of each course. This fee includes an ipassio's service charge. Unless otherwise stated, all fees are quoted in INR or/and USD. The student who aspires to enroll in a Course is responsible for paying all fees in a timely manner with a payment mechanism associated with the applicable Course. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms, which includes but not limited to your saved payment method on our Service. Fees may vary based on your course, location, and other factors, and only ipassio reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services.

It is also to be noted that teachers reserve the right to change the fees for a course even during the middle of the course. No change in the fees will, however, take place for the classes that have been already purchased by the student and is due to be attended.

Classes must be taken only after students make payments for the corresponding classes. Under no circumstances can the payments be made after a particular class is taken.  Visitors accessing the website and learning from outside of India should pay the USD fees mentioned by the teachers.

Force Majeure

In the event that either the student or teacher or ipassio (each of them is referred to herein as a “Party” and collectively, as the “Parties”) is unable to perform any of its obligations under this Terms of Service or Terms of Use of this website or to enjoy any of its benefits (except for failure to make payments hereunder for the works already completed and hours already spent) because of fire, natural disaster, acts of God, acts of war, terrorism, civil disorders, decrees of governmental bodies, pandemics, epidemics, strikes, lockouts, lockdowns, labor or supply disruptions or similar causes beyond the reasonable control of the affected Party (hereinafter referred to as a “Force Majeure Event”), the Party who has been so affected shall immediately give written notice to the other party of the occurrence of the Force Majeure Event (with a description in reasonable detail of the circumstances causing such Event) and shall do everything reasonably possible to resume performance. Upon receipt of such written notice, all obligations under this Terms of Service or Terms of Use of this website shall be immediately suspended for as long as such Force Majeure Event continues and provided that the affected party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. If the period of nonperformance exceeds thirty (30) days from the receipt of written notice of the Force Majeure Event, the Party whose ability to perform has not been so affected may, by giving written notice, terminate this Terms of Service, Terms of Use of this website and the contract/commitment among, the student, teacher, and ipassio.

Modifications

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Karnataka, India, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Contacting us

If you have any questions about these Terms, please contact us at:

ipassio E-learning Technologies Private Limited
3rd Floor, No. 12, Reservoir Street
Kariyappa Road (Kanakapura Main Road)
Basavanagudi, Bangalore - 560004
Karnataka, India
+91 80 4120 8925

[email protected]

ipassio America LLC
500 Delaware Ave
Ste 1 #1960
Wilmington, DE 19899