Terms & Conditions
Welcome to the Education Progress Tracker’s terms and conditions. These terms and conditions (“Terms and
Conditions”), are between Education Progress Tracker and you, (hereinafter referred to as “You” or “Your” or
“user(s)”). By accessing our website www.ept.global(“Website”) and/or our app ‘Education Progress Tracker’,
and Website and Apps together shall be referred to as “EPT Platform”, you agree to be bound by the
provisions of these Terms and Conditions.
Please read these Terms and Conditions, along with the
Privacy
Policy and all other rules and policies made available or published on EPT Platform as they shall
govern your use of the EPT Platform. By using or visiting the EPT Platform or any EPT software, data feeds,
and service provided to you on, from, or through the EPT Platform, you signify your agreement to (1) these
“Terms and Conditions”, (2) EPT’s Privacy Policy and any other terms that are updated from time to time. If
you do not agree to any of these terms, please do not use the EPT Platform.
1. About Education Progress Tracker
The domain name, Website and the Apps are owned, registered and operated by Redparrot Technology LLP, a
partnership company incorporated under the (Indian) Limited Liability Partnership Act, 2008, and having its
registered office at S405, Pragna Uptown, Electronic City, Bangalore - 560100, Karnataka, India,
(hereinafter referred to as "Redparrot Technology" or "EPT" or "Education Progress Tracker" or “ us” or “we”
or “our” or “Company”).
2. EPT Platform
These Terms and Conditions apply to all users of the EPT Platform, including educators who are also
contributors of user content on the EPT Platform. The EPT Platform includes all aspects of the Website and
Apps which includes but is not limited to products, software and service offered via the EPT Platform, such
as the EPT School Management System, EPT online platform, and any other service or application that EPT
introduces from time to time.
EPT Platform is a free school management system is an online platform that helps educators to
manage their
education institution more effectively. EPT allows the online creation of educational videos/or tutorials,
by the users of the EPT Platform and acts as an intermediary between the educator and the user. A user may
create a video, audio clip or tutorial, by using the EPT Platform. Such content uploaded through the use of
the EPT Platform shall hereinafter be referred to as “user content”. You agree and acknowledge that EPT has
no control over and assumes no responsibility for, the user content and by using the EPT Platform, you
expressly relieve EPT from any and all liability arising from the user content.
The EPT Platform may include or contain links to any third-party websites that may or may not
be owned or
controlled by EPT. EPT has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third-party websites. In addition, EPT will not and cannot censor or edit the
content of any third-party site. By using the EPT Platform, you expressly relieve EPT from any and all
liability arising from your use of any third-party website or services. However, we recommend that before
you use any third-party services or website you read and understand the terms and conditions and privacy
policy of each such website that you visit.
Subject to these Terms and Conditions, Privacy Policy and all other other rules and policies made available
or published elsewhere, EPT hereby grants the you a non-exclusive, non-transferable, non-sublicensable,
limited license to use the EPT Platform in accordance with these Terms and Conditions.
You agree and acknowledge that EPT shall have the right at any time to change or discontinue
any aspect or
feature of the EPT Platform. Further, EPT may discontinue disseminating any portion of information or
category of information may change or eliminate any transmission method and may change transmission speeds
or other signal characteristics. EPT reserves the right to refuse access to the EPT Platform, terminate
Accounts, remove or edit contents and features without any notice to You.
3. EPT Accounts
In order to access the features of the EPT Platform, you may have to create your account with EPT. You
agree and confirm that you will never use another user’s account nor provide access to your account to any
third-party. When creating your account, you confirm that the information so provided is accurate and
complete. Further, you agree that you are solely responsible for the activities that occur on your account,
and you shall keep your account password secure and not share the same with anyone. You must notify EPT
immediately of any breach of security or unauthorized use of your account. At no point in time will EPT be
liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the
losses caused to EPT or others due to such unauthorized use, if any.
EPT takes no responsibility for any user content that is uploaded on the EPT Platform, and
further, the
user shall be solely responsible for his or her own actions in utilizing such user content and availing the
EPT Platform provided herein.
4. Access, Permissions and Restrictions
EPT hereby grants you permission to access and use the EPT Platform as set forth in these Terms and
Conditions, provided that:
You agree not to distribute in any medium any part of the EPT Platform or the content without EPT’s
prior written authorization.
You agree not to alter or modify any part of the EPT Platform.
You agree not to access content or data of any other user through any technology or means other than
the pages of the EPT Platform itself.
You agree not to use the EPT Platform for any commercial uses unless you obtain EPT’s prior written
approval
You agree to receive installs and updates from time to time from EPT. These updates are designed to
improve, enhance and further develop the EPT Platform and may take the form of bug fixes, enhanced
functions, new software modules and completely new versions. You agree to receive such updates (and
permit EPT to deliver these to you) as part of your use of the EPT Platform.
You agree not to use or launch any automated system, including without limitation, “robots,”
“spiders,” or “offline readers,” that accesses the EPT Platform in a manner that sends more request
messages to EPT’s servers in a given period of time than a human can reasonably produce in the same
period by using a conventional on-line web browser. Notwithstanding the foregoing, EPT grants the
operators of public search engines permission to use spiders to access public data from the site for
the sole purpose of and solely to the extent necessary for creating publicly available searchable
indices of the materials, but not caches or archives of such materials. EPT reserves the right to
revoke these exceptions either generally or in specific cases at any time with or without providing
any notice in this regard. You agree not to collect or harvest any personally identifiable
information, including account names, from the EPT Platform, nor to use the communication systems
provided by the EPT Platform (e.g., comments, email) for any commercial solicitation purposes. You
agree not to solicit, for commercial purposes, any users of the EPT Platform with respect to user
content.
You may post comments, videos and other content; send other communications; and submit suggestions,
ideas, comments, questions or other information as long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other
form of spam. Further, you give EPT limited, royalty free, worldwide, non-exclusive license to use
the user content and communication in developing its EPT Platform and in any of its marketing or
promotional activities.
In your use of the EPT Platform, you will at all times comply with all applicable laws and
regulations.
EPT reserves the right to discontinue any aspect of the EPT Platform at any time with or without
notice at its sole discretion.
5. Content Use
In addition to the general restrictions mentioned above, the following limitation and conditions shall
apply to your use of the Content.
EPT Content utilized on the EPT Platform which shall include but not be limited to trademarks, service
marks and logos (“Marks”), process, images, software, graphics are owned by or licensed to EPT and
subject to copyright and other intellectual property rights under the law.
user content is provided to you on an AS IS basis. You may access Content for your information and
personal use solely as intended through the provided functionality on the EPT Platform and as permitted
under these Terms and Conditions. You shall not download any user content unless you see a “download” or
similar link displayed by EPT on the EPT Platform for that user content. You shall not copy, reproduce,
make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast,
display, sell, license, or otherwise exploit any user content for any other purposes other than as
provided herein without the prior written consent of EPT or the respective licensors of the user
content. EPT and its licensors reserve all rights not expressly granted in and to the EPT Platform and
the user content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the EPT
Platform or features that prevent or restrict use or copying of any user content or enforce limitations
on use of the EPT Platform or the user content therein.
You understand that when using the EPT Platform, you will be exposed to user content from variety of
sources and by different users, and that EPT is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such user content. You further understand and acknowledge
that you may be exposed to user content that is inaccurate, offensive, indecent, or objectionable, and
you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have
against EPT with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and
hold harmless EPT, its owners, operators, affiliates, licensors, and licensees to the fullest extent
allowed by law regarding all matters related to your use of the EPT Platform.
6. EPT Intellectual Property Right
The EPT Platform, the processes, and their selection and arrangement, including but not limited to all
text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code on
the EPT Platform is owned and controlled by Education Progress Tracker and the design, structure, selection,
coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected
by copyright, patent and trademark laws, and various other national and international IPR laws and
regulations. For clarity, content in the above sentence shall not include user content.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a
third-party and so expressly mentioned, EPT owns all IPR of EPT Platform.
7. Refunds
Any refunds that are to be processed shall be processed in accordance with EPT’s refund policy.
8. Electronic Communication
When you visit EPT Platform or send email to us, you are communicating with us electronically. By
communicating with us, you consent to receive communication from us electronically. We will communicate with
you by email or posting notices on EPT Platform. You agree that all agreements, notices, disclosures,
disclaimers, offers and other communications that are provided to you electronically satisfy any legal
requirement that such communication should be in writing.
9. Termination of Account
- EPT will terminate a users access to the EPT Platform, if
- the user is a repeat copyright infringer;
- the users breaches any terms of these Terms and Conditions.
- Violation of any applicable laws;
- your use of the EPT Platform disrupts our business operations or affects any other party/
user; or
- you have behaved in a way, which objectively could be regarded as inappropriate or unlawful
or illegal or which would bring any claims against EPT.
- EPT reserves the right to decide whether user content violates these Terms and Conditions for
reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or
excessive length or any other parameter that EPT deems fit from time to time. EPT may at any time,
without prior notice and in its sole discretion, remove such user content and/or terminate a user's
account in violation of these Terms and Conditions.
- We may suspend access to the EPT Platforms or require You to change Your password if we reasonably
believe that the EPT Platforms have been or are likely to be misused, and we will notify You
accordingly. Any termination of Your registration and/or Account or the EPT Platforms will not
affect liability previously incurred by You.
In case any of the above-mentioned cases occur, EPT reserves the right, in its sole
discretion, to
terminate or suspend the user’s account with immediate effect. Upon suspension or termination of the
user’s account:
- EPT shall at its sole discretion withhold or stop any and all payments that are to be made to
such user and evaluate the pay-outs. Payments shall only be made for all legitimate work that is
not subject matter of any violation or dispute.
- Payments shall not be made for the work that is the subject matter of any of the breaches.
- user access shall be terminated immediately, and the user shall not be able to access the said
terminated account.
10. Copyright Infringement
- EPT operates a clear copyright policy in relation to any user content alleged to infringe the
copyright of a third party.
- As part of EPT's copyright policy, EPT will terminate user access to the EPT Platform if a user has
been determined to be a repeat infringer. A repeat infringer is a user who has been notified of
infringing activity more than twice.
- If you believe that your work has been copied in a way that constitutes copyright infringement,
please refer to the instructions given in the copyright policy on how to make a claim of copyright
infringement.
- Notice of Copyright Infringement:
Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology
Act of 2000, we an intermediary, allow general public to post content on our platform. We have
implemented procedures for receiving written notification of claimed infringements on the user
content uploaded on EPT Platform. We have also designated an agent to receive notices of claimed
copyright infringement. If you believe in good faith that your copyright has been infringed, you
may provide us with a written communication which contains:
- An electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the EPT
Platform, including the educator name, topic and any other detail identifying the infringing
content;
- Your email address, your physical address and telephone number;
- A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner’s
behalf.
Please submit your notice to our Copyright Agent as follows:
Email us at
[email protected]
Or contact us by mail at:
Redparrot Technology LLP,
S405, Pragna Uptown,
Electronic Ciy Phase 1, Bangalore - 560100
Karnataka, India
Our policy to deal with Copyright infringements:
- We follow a 3-strike policy- Three instances brought to our notice that are provided with all
required supporting information will lead to the user getting banned from the EPT Platform.
His/her right to any and all compensation or monetary benefit that he/she might be eligible for
shall be revoked.
- First case of violation- The infringing user content is taken down and the user is given a
warning and is suspended for a week from accessing the platform.
- Second case of violation- All content of the user is taken down and the user is given a warning
and is suspended for a month from accessing the platform.
- Third violation- The user is banned from the EPT Platform.
11. Confidentiality
You will not without obtaining prior written consent of EPT, disclose to third party any Confidential
Information (as defined below) that is disclosed to you during the term of your use of the EPT Platform.
For the purpose of this clause Confidential Information shall include but shall not be
limited to
employee details, user list, student details, school details, student list, fee details, business model,
processes, ideas, concepts etc. relating to EPT or EPT Platform which are not available in the public
domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time
be the property of EPT and any breach of the same shall cause irreparable damage to us.
12. Disclaimer
YOU AGREE THAT YOUR USE OF THE EPT PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, EPT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE EPT PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, EPT EXCLUDES
ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE user content
OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF user content OR ANY CONTENT ON EPT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE EPT PLATFORM, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE EPT PLATFORM, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE EPT PLATFORM BY ANY
THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY user content OR ANY OTHER CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY user content OR ANY OTHER CONTENT THAT IS POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EPT PLATFORM. EPT DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY user content OR EPT PLATFORM ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE EPT PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND EPT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF user content OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EPT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF user content OR
ANY OTHER CONTENT AVAILABLE AT EPT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR EPT PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE EPT PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR EPT PLATFORMS BY ANY THIRD PARTY, AND/OR (V)
ANY ERRORS OR OMISSIONS IN ANY user content OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE EPT PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT EPT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE
LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, EPT LIMITS ITS
LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE EPT PLATFORMS
AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT EPT SHALL NOT BE LIABLE FOR user content OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
THE EPT PLATFORM IS CONTROLLED AND OFFERED BY EPT FROM ITS FACILITIES IN INDIA. EPT MAKES NO REPRESENTATIONS
THAT THE EPT PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE
EPT PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH
LOCAL LAW.
14. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless EPT, its parent
corporation, officers, directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees)
arising from: (i) your use of and access to the EPT Platform; (ii) your violation of any term of these Terms
and Conditions; (iii) your violation of any third party right, including without limitation any copyright,
property, or privacy right; (iv) any claim that your user content caused damage to a third party; or (v)
violation of any applicable laws. This defence and indemnification obligation will survive these Terms and
Conditions and your use of the EPT Platform.
15. Eligibility to use and Acceptance of the Terms and Conditions
We provide these Terms and Conditions with our EPT Platform so that you know what terms apply to your use.
You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and
that you have agreed to them. You agree and acknowledge that your use of the EPT Platform is subject to the
most current version of the Terms and Conditions made available on the EPT Platform at the time of such use.
16. Force Majeure
EPT shall not be liable for failure to perform, or the delay in performance of, any of its obligations if,
and to the extent that, such failure or delay is caused by events substantially beyond the its control,
including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or
contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage,
and/or unusually severe weather.
17. Information Technology Act
These Terms and Conditions are 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 and conditions for access or usage of the EPT Platform.
You are advised not to post any information or messages that are, or that may be construed, as being
malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes
attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational
institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You
also agree not to post any information to which you do not have copyrights or other appropriate permissions
to post in public forum. Your failure to comply with these terms may result in removal of your postings
without prior notice to user. The IP address of all posts is recorded to aid in enforcing these conditions.
18. Other Laws
Certain laws require to maintain data with respect to the EPT Platform and other personal information in a
prescribed format and EPT will use all the information to the extent required in compliance with the
applicable laws and as may be directed or amended from time to time.
19. Governing Law and Jurisdiction
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without
reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive
jurisdiction of the courts located in Bangalore, Karnataka, India.
20. Modification, Amendment or Termination
EPT may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and
you agree to be bound by such modifications or revisions. Your continued use of the EPT Platform post any
modification of the Terms and Conditions shall be taken as your consent and acceptance to such
modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or
benefits.
21. General
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed
severable and will not affect the validity and enforceability of any remaining provisions. Any notice
required to be given in connection with the EPT Platform shall be in writing and sent to the registered
office of EPT. We do not guarantee continuous, uninterrupted or secure access to the EPT Platform, and
operation of the EPT Platform may be interfered by numerous factors outside our control. Headings are for
reference purpose only an on no way define, limit, construe or describe the scope or extent of such section.
Out failure to act with respect to any breach by you or others does not waive our right to act with respect
to subsequent or similar breaches.
22. Refund Policy
Please read the subscription terms and conditions carefully before subscribing to any of the subscription
plans, as once you have subscribed you cannot change, cancel your subscription plan. Once you subscribe and
make the required payment, it shall be final and there cannot be any changes or modifications to the same
and neither will there be any refund.
For any refunds related to school fee payments, contact the
respective school authorities.
23. Consumer Grievance
Nodal Officer Details –
Name: Tessa Albin
Contact:
[email protected]
Grievance Officer Details –
Name: Shinla K
Contact:
[email protected]