Terms of use
BETTER ENGLISH ACADEMY
Please read this Terms and Conditions of Service carefully. It sets forth the legal rights and obligations and by using the Service (as defined below), you are agreeing to be bound by this Terms and Conditions of Service.
This Application/Web Site is owned, controlled and operated by Better English Academy (hereinafter “OWNER”). The Owner offers this Application/Website which helps you manage your Understanding of English better.
If you subscribe to the Service for a defined period of time, then, unless you decline to renew your subscription in accordance with the below, this Terms and Conditions of Service will be automatically renewed for additional periods for which such Service is availed.
Definitions:
“Affiliates and Service Providers” shall mean all sister companies of the Owner as well as business partners, subsidiaries, clients and service providers of the Owner.
“Application” or “BEA App” shall mean the BEA APP application owned and published by the Owner
“Grievance Officer” shall mean the officer appointed by the Owner to handle matters with regard to Information and its use.
“Service” shall mean and include the BEA Program and other such programs provided within the BEA App.
“User” shall mean Teachers, Students and registrants of the Application
“Viruses” shall refer to any malware, spywares, cancel bots, trojans, time bombs and any such application which may place itself without permission or knowledge of the Owner within the Application
“Website” shall refer to the Company’s website lactated at www,betterenglishacademy.com
- SCOPE OF TERMS & CONDITIONS
1.1 Unless otherwise indicated, these Terms and Conditions of Service (“T&C”) apply to (i) your use of and/or access to the BEA App and Website of Better English Academy and (ii) your use of and or access to any content or information and other online or mobile-enabled technology, digital tools and other services and products provided by the BEA App and Website (collectively, the “Services”).
1.2 We are committed to protecting your privacy and security. Please read our Privacy Policy, which forms part of these Terms & Conditions. By agreeing to these T&C, you consent to the fact that all personal information provided through the BEA App or the Website shall governed by our Privacy Policy.
1.3 Do not use the BEA App / Website unless you intend to be bound by these T&C. If you fail to comply with T&C, we can at any time restrict you from accessing the BEA App / Website.
1.3 The BEA App is a very cool app. Do not do uncool things with the BEA App / Website. It is a breach of these Terms & Conditions to do any of the following:- To enter wrong data while using the BEA App / Website; To view the data of anyone other than your own; To disclose anyone else’s data, without their consent; To take screenshots of the output from the BEA App / Website, and share it anywhere else, without our consent; To copy or plagiarize the questions that we have worked so hard at curating, just for the BEA App users. To violate any of the other Terms & Conditions enumerated below. - AGREEMENT AND ACKNOWLEDGEMENT
User Agreement. By using the BEA App / Website, you accept these T&C and agree to be legally bound and to abide by the terms, conditions, and notices contained or referenced herein, just as if you had signed them.
b. Changes to T&C: From time to time, we may, in our sole discretion, change, modify, supplement or remove portions of these Terms & Conditions (“Additional Terms”). Such Additional Terms shall become effective upon our sending you an email or other notification. You will be deemed to have agreed to such Additional Terms by your decision to continue accessing the BEA App or otherwise using any of the Services following the date in which such Additional Terms become effective. - ELIGIBILITY
We do not permit individuals under 5 years of age to become registered users of our BEA App / Website. - SUBSCRIPTIONS
You have paid the fee for using the BEA App / Website for the BEA Program. This will give you access to the Services as per the BEA Program for a period of agreed period, after which you may chose to re-subscribe to the BEA Program or continue using the non-paid Services of the BEA App. - CANCELLATION
You can cancel your membership in the BEA Program at anytime, and you may also stop using the BEA App / Website at any time of your choice. As we cannot enroll anyone midway, your exit from the BEA Program, cannot be compensated by bringing anyone else in. Therefore, cancellations will not result in any refunds. - USER ACCOUNT AND SECURITY
In connection with your use of certain features of the BEA App / Website, you will be required to complete a registration form. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the BEA App / Website will be current, complete and accurate. As a registered user of the Services, you are entirely responsible for maintaining the confidentiality of your user account information. You may not use the account or user name of any other member at any time. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s user account information.
You are also entirely responsible for any and all activities which occur under your user account. We will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge.
You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this BEA App / Website. - CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM THE OWNER AND ITS AFFILIATES:
Legal Communications. We may send the following to you by email or post them on the BEA App / Website: these T&C, including legal disclosures; future changes to these T&C, Privacy Policy, and other notices, legal communications or disclosures and information related to the BEA App / Website. Such communications are part of the BEA App / Website which you cannot opt out of receiving.
b. Service Announcements. In using the BEA App / Website, you may receive periodic electronic communications from the OWNER regarding the BEA App / Website, such as new product offers and other information regarding the BEA App / Website, which are part of the BEA App / Website and which you cannot opt out of receiving.
c. Promotional Communications. You may also receive periodic promotions and other offers or materials the Owner believes might be of interest to you. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each message; or (b) changing the messaging preferences in your account. - LIMITED LICENSE
Subject to your continued compliance with the Terms & Conditions, , we grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to access and use our the BEA App / Website, including by downloading and installing the BEA App, including any updates and bug fixes. Your use is limited for your personal, non commercial use only. The BEA App and Website, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of the Owner.
Furthermore, except for the limited rights granted in this clause, you will not (and will not encourage or assist any third party to): (i) modify, alter, tamper with, repair or otherwise create derivative works of the BEA App or Website or any software or technology included in or used or distributed by the Owner to provide the Services; or (ii) reverse engineer, disassemble or decompile the Services, or attempt to discover or recreate the source code for the Services. - COMMUNITY STANDARDS AND CONDUCT GUIDELINES
You agree that you will not (and/or will not use the BEA App / Website, and/or any part of our Services to): a. Upload, post, email or otherwise transmit any content or other materials that:
(i) are unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, defamatory, vulgar, libelous, slanderous, discriminatory, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
(ii) contain adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity or graphic violence;
(iii) incite or encourage criminal or terrorist activities or physical harm against another;
(iv) exploit political agendas or “hot button” issues for commercial use; or that contain hate speech based upon the race, sex, national original, religious affiliation, marital status, sexual orientation, gender identify, or language of an individual or group;
(v) are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(vi) infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party or that are deceptive, misleading or fraudulent or that may otherwise be unlawful or give rise to civil or criminal liability;
(vii) are unauthorized advertising, promotional materials, “junk mail,” “spam,” “phishing,” “chain letters,” “pyramid schemes,” or any other form of solicitation, opinions or notices, commercial or otherwise;
(viii) contain software viruses, spyware, adware, worms, or any other computer malware or malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
c. Advertise or otherwise solicit funds or constitute a solicitation for goods or services;
d. Impersonate any person or entity, including, but not limited to any user of the Services, an officer, employee, , agent or representative of the Owner our Affiliates and Service Providers or any other person or entity, or falsely state or otherwise misrepresent your affiliation with the Owner, our Affiliates and Service Providers or any other person or entity;
e. Provide false, misleading or inaccurate information to the Owner
f. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or other materials transmitted to or through the Services;
g. Attempt to probe, scan or test the vulnerability of the BEA App / Website or any associated system or network, or breach security or authentication measures without proper authorization;
h. Use or affect the Services in any manner that could damage, disable, overburden or impair the Services or its functionality, or disrupt the normal flow of dialogue (including, without limitation, “flooding,” “mail bombing,” or “crashing”), or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the BEA App / Website;
i. Interfere with or disrupt the BEA App / Website or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the BEA App / Website;
j. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
k. “Stalk” or otherwise harass another user or employee of the BEA App / Website;
l. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the BEA App / Website, including usernames or passwords;
m. Access or attempt to access another user’s account without his or her consent;
n. Reverse engineer, disassemble or decompile the BEA App / Website, or attempt to discover or recreate the source code for the BEA App / Website or any portion of the Services; or
o. Assign, transfer or sublicense your rights as a registered user of the BEA App / Website.
Your privilege to use the BEA App or Websites depends on your compliance with the community standards and conduct guidelines set forth above. The Owner may revoke your privileges to use all or a portion of the BEA App / Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention.
Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these T&C, the Owner may terminate, in its sole discretion, your use of, or participation in the Services. Any violation of this section may subject you to civil and/or criminal liability.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE OWNER, ITS AFFILIATES AND SERVICE PROVIDERS, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE BEA APP, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES.
YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY THE OWNER, ITS AFFILIATES AND SERVICE PROVIDERS AND ANY OF THE OWNER’S AFFILIATES’ OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OR TERMINATION OF YOUR SUBSCRIPTION IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH THE OWNER INCLUDING, WITHOUT LIMITATION, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (I) THESE TERMS & CONDITIONS OR THE OWNER’S ENFORCEMENT OR APPLICATION THEREOF; (II) ANY PRACTICE OR POLICY OF THE OWNER INCLUDING THESE TERMS & CONDITIONS AND THE OWNER’S PRIVACY POLICY, OR OUR ENFORCEMENT OR APPLICATION OF THESE POLICIES; (III) THE CONTENT AVAILABLE THROUGH THE BEA APP; (IV) YOUR ABILITY TO ACCESS AND/OR USE OUR BEA APP; OR (V) THE AMOUNT OR TYPES OF OUR FEES OR CHARGES, SURCHARGES, APPLICABLE TAXES, OR BILLING METHODS, OR ANY CHANGE TO OUR FEES OR CHARGES, APPLICABLE TAXES, OR BILLING METHODS. THE MAXIMUM LIABILITY OF THE OWNER, ITS AFFILIATES AND SERVICE PROVIDERS, AND ITS RESPECTIVE LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR JOINING THE BEA Program.
- INTELLECTUAL PROPERTY
Software. You acknowledge and agree that the Services and all intellectual property rights associated therewith are, and shall remain, the property of the Owner. Furthermore, you acknowledge and agree that the source and object code of the BEA App / Website and the format, directories, queries, algorithms, structure and organization of the BEA App / Website are the intellectual property and proprietary and confidential information of the Owner, its Affiliates and Service Providers, licensors and suppliers. Except as expressly stated in these T&C, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in these T&C are hereby reserved and retained by the Company.
b. Trademarks & marks. Trademarks, service marks, graphics, logos and domain names appearing on the BEA App / Website, or in other content provided to you may be the trademarks of the Owner or of third-parties. Neither your use of the Services, nor these T&C, grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the BEA Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the BEA Marks generated as a result of your use of the Services will inure to the benefit of the OWNER, and you agree to assign, and hereby do assign, all such goodwill to the OWNER. You shall not at any time, nor shall you assist others to, challenge the Owner’s right, title, or interest in or to, or the validity of, the BEA Marks.
c. Copyrighted Materials; Copyright Notice. All content and other materials available through the Services, including without limitation the BEA logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are owned by the Owner. - TERM AND TERMINATION
Termination. These T&C will remain in full force and effect while you use our Services (including our BEA App). We may terminate your use of, or access to, the Service in accordance with these T&C.
b. Effect of Termination; Survival. Termination of these T&C automatically terminates all rights and licenses granted to you under these T&C, including all rights to use the Services, except that all terms that by their nature may survive termination shall be deemed to survive such termination (including, without limitation, intellectual property, disclaimers, limitations of liability, User Content license, governing law and venue). - AMENDMENTS
The Owner may amend these T&C from time to time. When the Owner amends these T&C, it shall notify the User of such amendments. Upon agreeing to the said amendment, the User may continue using the Services immediately. - GOVERNING LAWS AND DISPUTE RESOLUTION
These T&C shall be governed by the Laws of India and the Courts situated in Chennai shall have the exclusive jurisdiction over the same. In the event of a dispute arising between the User and the Owner and the same not being amicably settled within a period of 30 days from it arising, it shall be referred to arbitration before a sole arbitrator appointed by the Owner.