Last Updated: 1 st February 2018

EnhanzED is an online educational platform that provides a learning opportunity for working professionals.

The following terms and conditions constitute an agreement between you and EnhanzED. BY USING OUR APPLICATION, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information

practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you are agree to comply with applicable laws, governed and interpreted by the country. Please note that we offer the mobile application and site "AS IS" and without

warranties. If you are registering an account on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual's or entity's behalf.

1. Using the Mobile application

We are solely an educational platform. The information provided inside the application is solely for learning purpose. Any other use is not permitted under the terms. Read disclaimers section for further information on use. Our services will never replace any professional’s intellectual ability and decision making in any instance and we are not liable for any such acts.

2. Content terms

“Content” means text, graphics, images, software (excluding the App) information or other

materials.

“Collective Content” means, collectively, EnhanzED’s Content and Registered User Content.  Certain areas of the App (and your access to or use of certain Collective Content) may have different terms and conditions posted or may require you to agree with and accept

additional terms and conditions.

“EnhanzED’s Content” means Content that we make available through the App, Site, Services, including any Content licensed from a third party. “Registered User” and “you” means a person that completes EnhanzED’s account registration process, as described in the “Account Registration” section below; “your” applies as the meaning of the clause requires.

3. Content modification

EnhanzED reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Services or App or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification via the Site or App or provide you with notice of the modification. By continuing to access or use the Site, Services or App after we have posted a modification via the Site or App or have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not

acceptable to you, you agree to immediately stop using the Site, Services and App.

 

4. General prohibitions

You agree not to do any of the following: 

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any

conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. 

 

Attempt to probe, scan, or test the vulnerability of EnhanzED’s system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by

EnhanzED. Attempt to access or search the Site, Services, App or Collective Content or download Collective Content from the Site, Services or App through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than the software and/or search agents provided by EnhanzED or other generally available third party web browsers; Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation, from the App or otherwise; Use any meta tags or other hidden text or metadata utilizing a EnhanzED’s trademark, logoURL or product name without EnhanzED’s express written consent;  Use the Site, Services, App or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;  Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, App or Collective Content to send altered, deceptive or false source-identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, App or Collective Content;  Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, Services or App; Collect or store any personally identifiable information from the Site, Services or App from other users of the Site, Services or App without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation, or any other rules of professional conduct; or Encourage or enable any other individual to do any of the foregoing. 

EnhanzED will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. EnhanzED may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

 

You acknowledge that EnhanzED has no obligation to monitor your access to or use of the Site, Services, App or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site, Services and App, to ensure your compliance with these Terms and the Privacy Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body having jurisdiction.

5. App license

Subject to your compliance with these Terms, EnhanzED grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on mobile device that you own or control and to run such copy of the App solely for your own personal and professional use. The non-transferable license is also limited by any terms of service provisions required by the vendor from whom you purchased the EnhanzED App (e.g., Apple appStore/itunes, Google Play Store, etc.) (hereinafter, “App Vendor”).

6. Security

When you register with us and use the Application, you generally provide (a) your name, email address, age, user name, password and other registration information; (b) information you provide us when you contact us for help; (c) credit card information for purchase and use of the Contents in the Application, and; (d) information you enter into our system when using the Application, such as contact information and project management information. Upon registering, you will select a password. Your e-mail address and the password and codes assigned to you are, collectively, your “User Information.” You are solely responsible for (1) maintaining the strict confidentiality of your User Information, (2) not allowing another person to use your User Information to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Information. We may employ third party companies and individuals to facilitate or provide the Service on our behalf, to process payment if any, provide customer support, to perform Website related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website's features) or to assist us in analyzing how our Service is used. These third parties have limited access to your personal information only to perform these tasks on our behalf and are contractually bound not to disclose or use it for any other purpose. EnhanzED will disclose your personal data to the extent that this is legally required, or necessary for the establishment, exercise or defence of legal claims and legal process or in the event of an emergency pertaining to your health and/or safety. You agree to immediately notify EnhanzED in writing by email of any unauthorized use of your User Information or any other breach of security. EnhanzED is not and shall not be liable for any harm arising from or relating to the theft of your User Information, your disclosure of your User Information, or the use of your User Information by another person or entity. Any attempt to obtain unauthorized access or to exceed authorized access to the Site, Services, App or Collective Content shall be considered a trespass and computer fraud and abuse, punishable under national and state laws. EnhanzED hereby notifies you that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by EnhanzED in its sole discretion and without further notice. Notwithstanding the foregoing, as a Registered User, you remain responsible for your individual compliance with any additional applicable notification requirements related to the unauthorized use of User Information or Registered User Content.

7. Disclaimers

YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE APP IS SOLELY AT YOUR OWN RISK. AS A USER OF THE APP, YOU ARE BOUND TO USE THE PLATFORM SOLELY FOR THE PURPOSE OF LEARNING.

8. Privacy

See our Privacy Policy for information and notices concerning EnhanzED’s collection and use of your personal information. By clicking on the “I Agree” button, or accessing or using the Site, Services or App, or by downloading or posting any content from or through the Site, Services or App, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy forms a part of these Terms. All content generated by a Registered User must comply with local, national, provincial, state, and federal privacy legislation and best practices. Identifying information must be removed from Registered User Content. By Providing Phone number you opt in & consent to receive message relevant to the app which will override DND status if any.

9. Termination and account cancellation

If you breach any of these Terms, EnhanzED will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you.

 

10. Indemnity

You agree to defend, indemnify, and hold EnhanzED, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings or demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, App or Collective Content, or your violation of these Terms.

11. Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, APP AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER EnhanzED, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, APP OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES

12. Proprietary rights notices

All trademarks, service marks, logos, trade names and any other proprietary designations of EnhanzED used herein are trademarks or registered trademarks of EnhanzED. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

13. Applicable law/jurisdiction

Except as provided in the addenda applicable to your specific jurisdiction provided with the Terms and except where mandatory law supersedes this choice of law clause, these Terms shall be governed by the laws of District and Sessions Court, Mysuru.

14. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in a written form and given: (i) by EnhanzED via email (in each case to the address that you provide); or (ii) by posting to the

Site; or (iii) via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

15. Dispute resolution

All disputes between you and EnhanzED arising out of or concerning these Terms, including but without limitation any dispute as to the interpretation of these Terms, any alleged breach of these Terms, the right of a party to exercise any right or remedy herein provided which have not been settled by informal negotiations or mediation, shall be resolved by binding arbitration in accordance with the District and Sessions Court, Mysuru.

16. General

The failure of EnhanzED 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 EnhanzED. 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.

17. Contacting EnhanzED

If you have any questions about these Terms, please contact EnhanzED via email contactus@enhanzed.com

18. Miscellaneous

You acknowledge that the Terms apply to you and EnhanzED only, and not with any App Vendor. The App Vendor and any App Vendor subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, the App Vendor will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary. You may not use or otherwise export or re-export the App except as authorized by both Indian laws and the laws of the jurisdiction in which you obtained EnhanzED.