Madarsa Terms and Conditions

Effective Date: 23rd August 2024

Welcome to Madarsa!

Madarsa is an online platform provided by Dcimal Intelligence Pvt Ltd that enables anyone, anywhere, to create and share educational content (instructors) and to access that educational content to learn (students). Our mission is to improve lives through learning. We consider our marketplace model the best way to offer valuable educational content to our users. These Terms of Use (“Terms”) apply to all your activities on the Madarsa website, the Madarsa mobile applications, APIs, and other related services (“Services”).

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name https://learn.madarsa.in/ (‘Website’), including the related mobile site and mobile application (hereinafter referred to as ‘Platform’).

If you publish a course on the Madarsa platform, you must also agree to the Instructor Terms. We also provide details regarding our processing of personal data of our students and instructors in our Privacy Policy.

1. Accounts

You need an account for most activities on our platform, including purchasing and enrolling in a course or submitting a course for publication. Keep your password somewhere safe because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our support team at Support@madarsa.in. You must have reached the age of consent for online services in your country to use Madarsa.

When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

2. Course Enrollment and Lifetime Access

When you enroll in a course, you get a license from us to view it via the Madarsa Services and no other use. Don’t try to transfer or resell courses in any way. We generally grant you a lifetime access license when you enroll in a course. However, we reserve the right to revoke any license to access and use any course at any point in time in the event where we decide or are obligated to disable access to the course due to legal or policy reasons.

Under our Instructor Terms, when instructors publish a course on Madarsa, they grant Madarsa a license to offer a license to the course to students. This means that we have the right to sublicense the course to the students who enroll in it. As a student, when you enroll in a course, whether it’s a free or paid course, you are getting a license from Madarsa to view the course via the Madarsa platform and Services, and Madarsa is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).

In legal, more complete terms, Madarsa grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular course or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Madarsa authorized representative. This also applies to content you can access via any of our APIs.

We generally give a lifetime access license to our students when they enroll in a course. However, we reserve the right to revoke any license to access and use any course at any point in time in the event where we decide or are obligated to disable access to the course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint or if we determine its content violates our Trust & Safety Guidelines. Lifetime access is not applicable to add-on features and services associated with a course, for example, translation captions of courses. To be clear, lifetime access is to the course content but not to the instructor.

Instructors may not grant licenses to their courses to students directly and any such direct license shall be null and void and a violation of these Terms.

3. Payments, Credits, and Refunds

When you make a payment, you agree to use a valid payment method. Due to the digital nature of our products and services, all purchases made on Madarsa are final and non-refundable. We do not offer refunds or returns for any digital content, courses, or other services provided through our platform

3.1 Pricing

The prices of courses on Madarsa are determined based on the terms of the Instructor Terms and our Pricing and Promotions Policy. In some instances, the price of a course offered on the Madarsa website may not be exactly the same as the price offered on our mobile or TV applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.

We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to the course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.

If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable users to see pricing in different currencies.

If you are a student located in a country where the use of the Services is restricted, you may not purchase any courses or use the Services.

3.2 Payments

You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as UPI, PayPal, or mobile wallet) for those fees. Madarsa works with third-party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.

3.3 Refund Policy

No Refunds or Returns

Due to the digital nature of our products and services, all purchases made on Madarsa are final and non-refundable. We do not offer refunds or returns for any digital content, courses, or other services provided through our platform. By purchasing a course or other digital product on Madarsa, you agree that you understand and accept this policy.

Once you have gained access to the course or digital product, whether by download, streaming, or other means, the transaction is considered complete, and you are not entitled to a refund, exchange, or cancellation.

We encourage you to review course content, descriptions, and any available previews thoroughly before making a purchase to ensure it meets your needs.

If you encounter any technical issues or difficulties with accessing the digital content you have purchased, please contact our support team at Support@madarsa.in, and we will assist you in resolving the issue.

4. Content and Behavior Rules

You can only use Madarsa for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses, and other content you upload in line with our Trust & Safety Guidelines and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

If you are a student, the Services enable you to ask questions to the instructors of courses you are enrolled in, and to post reviews of courses. For certain courses, the instructor may invite you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.

If you are an instructor, you can submit courses for publication on the platform and you can also communicate with the students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review, or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences.

If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it is defamatory or violates another person’s intellectual property rights), if we discover that your content or behavior violates our Trust & Safety Guidelines, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example, if you impersonate someone else), we may remove your content from our platform. Madarsa complies with copyright laws. Check out our Intellectual Property Policy for more details.

Madarsa has discretion in enforcing these Terms and our Trust & Safety Guidelines. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, for failure to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination, we may delete your account and your content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

If any of the actions we’ve mentioned happen, you can appeal them by contacting our support team at Support@madarsa.in.

5. Madarsa’s Rights to Content You Post

You retain ownership of content you post to our platform, including your courses. We’re allowed to share your content with anyone through any media, including promoting it via advertising on other websites.

The content you post as a student or instructor (including courses) remains yours. By posting courses and other content, you allow Madarsa to reuse and share it but you do not lose any ownership rights you may have over your content. If you are an instructor, be sure to understand the course licensing terms that detail the rights you grant to Madarsa over your content.

When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Madarsa to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.

In legal language, by submitting or posting content on or through the platforms, you grant Madarsa a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (now known or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Madarsa for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature in connection with your content, or any other legal or moral rights that might prevent us from using your content, by this license. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. This includes having the necessary rights to post content you submit; content you submit must not infringe the intellectual property or privacy rights of others.

6. Using Madarsa at Your Own Risk

Anyone can use Madarsa to create and publish courses and instructors and students can interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use Madarsa at your own risk.

Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses. If you enroll in a course, you rely on any information provided by an instructor at your own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Madarsa has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses, you choose to assume those risks voluntarily, including risks of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your enrollment in a course.

When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. We do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.

We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.

When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content on those sites or for any of their actions.

7. Madarsa’s Rights

We own the Madarsa platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.

All right, title, and interest in and to the Madarsa platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of Madarsa and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both India and foreign countries. Nothing gives you a right to use the Madarsa name or any of the Madarsa trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Madarsa or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the Madarsa platform and Services:

• Access, tamper with, or use non-public areas of the platform (including content storage), Madarsa’s computer systems, or the technical delivery systems of Madarsa’s service providers.
• Disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
• Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or content on the Madarsa platform or Services.
• Access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
• In any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Madarsa); or
• Interfere with, or disrupt (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platform or services, or in any other manner interfering with or creating an undue burden on the Services.

8. Miscellaneous Legal Terms

These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

8.1 Binding Agreement

You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Dcimal Intelligence Pvt Ltd. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

If you are an instructor accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Any version of these Terms in a language other than English is provided for convenience, and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us (which include, if you are an instructor, the Instructor Terms and the Pricing and Promotions Policy).

If any part of these Terms is found to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it does not mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we do decide to waive any of our rights in a particular instance, it does not mean we waive our rights generally or in the future.

8.2 Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as-is” and “as-available” basis. We make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that you will obtain specific results from the use of the Services. Your use of the Services (including any content) is entirely at your own risk.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Madarsa or its affiliates, suppliers, or partners be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

8.3 Limitation of Liability

There are risks inherent in using our Services, for example, if you enroll in a health and wellness course like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.

8.4 Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Madarsa, our group companies, and their officers, directors, suppliers, partners, and agents from any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services, (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

8.5 Governing Law and Jurisdiction

These Terms are governed by the laws of India, excluding its conflicts of law provisions. You agree that the exclusive jurisdiction for any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be in the courts located in Muzaffarpur, Bihar, India.

8.6 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this agreement may be brought by either party more than one (1) year after the cause of action has accrued except when such limitation cannot be imposed by law.

Any notice or other communication to be given hereunder will be in writing and given by email (by us to the email associated with your account or by you to Support@madarsa.in).

8.7 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

8.8 No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all of your rights to your account and other rights under these Terms terminate upon your death.

8.9 Sanctions and Export Laws

You warrant that you are not located in, or a resident of, any country that is subject to a United States government embargo or that has been designated by the United States government as a “terrorist-supporting” country. You also warrant that you are not listed on any United States government list of prohibited or restricted parties.

9. Dispute Resolution

If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work, your options are to go to small claims court or file a claim in binding arbitration.

9.1 Going to Small Claims Court

Either of us can bring a claim in small claims court in (a) Muzaffarpur, Bihar, India, (b) the county where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.

9.2 Arbitration

If we can’t resolve our dispute amicably, you and Madarsa agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If we each agree, we may agree to resolve the dispute through binding non-appearance-based arbitration, where the decision will be based solely on written submissions, documents, and evidence the parties submit to the arbitrator, or through arbitration by telephone, online, or other remote means.

10. Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Madarsa reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.