Terms and Conditions of Service
Expressions Learning Resources Private Limited (Expressions) websites (“Websites”) and mobile application (Express) and related services are operated by Expressions Learning Resources Private Limited Inc. Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Expressions may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service. Any dispute relating to the above will be governed as per the Governing Law mentioned in Clause 19 below.
Description of Website and Service
The Service allows users to access and use services related to learning or practicing a language, using Communication boards to access an Expressions teacher for doubts resolution and certification after successful completion of Course. Expressions may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Expressions; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Expressions, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
In case you, the User submit questions, ratings, reviews, information, data, text, photographs, audio clips, audiovisuals or other materials on the Services (“Content”), you hereby grant to Expressions a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Services. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Expressions, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Expressions have any obligation to you or anyone else to maintain the confidentiality of the Content.
Your Representations and Warranties
You represent and warrant to Expressions that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of India and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from India and/or the jurisdiction in which you reside. You further represent and warrant that you will carefully safeguard your password, user name, and account information, will not share your password or user name with any third party, and will not allow any third party to access your account for any purpose.
You will not upload, display or otherwise provide any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Expressions’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Expressions or its users to any harm or liability of any kind.
Indemnification of Expressions
The User agrees to indemnify and hold harmless Expressions and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
License to Use the App
Subject to the terms of these Terms and Conditions, Expressions grants you a non-transferable, non-exclusive license to download, install, and use one copy of the App on any instrument that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Expressions and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto.
If you purchase an auto-renewing periodic subscription through the Service, your Expressions account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your Expressions account and follow instructions to terminate or change your subscription, even if you have deleted your account.
You agree to pay all fees and applicable taxes incurred by you or anyone using aExpressions account registered to you. Expressions may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
In the event that Expressions suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind.
Third-Party Links, Sites, and Services
The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Expressions on the Service are subject to change. In consideration for Expressions granting you access to and use of the Service, you agree that Expressions and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
NO REPRESENTATIONS OR WARRANTIES BY EXPRESSIONS
The Service, including all videos, images , audio files and other content are provided by Expressions on an ‘As Is’ basis. Expressions makes no representations or warranties of any kind with respect to the Service. Access and Use of the Service may be unavailable during peak periods, system upgrades, malfunctions or maintenance or for some other reasons.
LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
In no circumstances shall Expressions be liable to you or any Third party representing you for direct or incidental damages arising out of or relating to the inability to access or Use of the Service, inaccurate or lower than anticipated results or damages stemming from loss or corruption of data or claims by third parties for damage to computers, software or any related equipments.
Expressions liablityto you or any Third party representing you will at most be limited to the actual sum(s) paid by you in the last 12 months from the date of the claim.
Expressions may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Expressions account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Expressions’ proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the “Service Content”), are exclusively ownedand property of Expressions or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions if any. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Expressions, all data, information and materials generated from your access and use of the educational activities made available on or through the Service shall be exclusively owned by Expressions, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. All rights of Expressions or its licensors that are not expressly granted in these Terms and Conditions are reserved to Expressions and its licensors.
“Expressionsand all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Expressions or their respective owners, and certain of them are registered or under the process of registration with the IndianPatent and Trademark Office. The User has no rights or license to reproduce or otherwise use the Expressions name or any Expressions or third-party trademarks, service marks, graphics or logos.
Governing Law and Jurisdiction
Any dispute will be governed by the laws of India and place of jurisdiction would be in the city of Indore in the State of Madhya Pradesh, India. Written notice to be served at Expressions registered office at:
404-405 Bansiwala Towers, Near Agrasen Square, Sapna – Sangeeta Road, Indore -452001, Madhya Pradesh, India.
This agreement is written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms and Conditions constitute the entire agreement between Expressions and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Expressions or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Expressions may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Expressions and you, and Expressions and your respective successors and permitted assigns.