Shikshatam IT Private Limited - Terms and Conditions 

Shikshatam IT Private Limited, on behalf of itself and its affiliates/group companies under the brand "Shikshatam" (“Shikshatam”), is the author and publisher of the internet resource www.Shikshatam.com and the mobile application ‘Shikshatam’ (together, “Website”). 

1.NATURE AND APPLICABILITY OF TERMS 

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.shikshatam.com/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Shikshatam. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Shikshatam in connection with your visit to the Website and your use of the Services (as defined below). 

The Agreement applies to you whether you are - 

A teacher or education provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such teachers or institutions (“Practitioner(s)”, “you” or “User”); or 

A student, his/her representatives, or affiliates, searching for teachers through the Website (“End-User”, “you” or “User”); or 

Otherwise a user of the Website (“you” or “User”). 

This Agreement applies to those services made available by Shikshatam on the Website, which are offered free of charge to the Users (“Services”), including the following: 

For Teachers: Listing of teachers and their profiles and contact details, to be made available to the other Users and visitors to the Website. 

For other Users: Facility to (i) create and maintain ‘Accounts’, (ii) search for teachers by name, specialty, and geographical area, or any other criteria that may be developed and made available by Shikshatam, and (iii) to make appointments with teachers. 

The Services may change from time to time, at the sole discretion of Shikshatam, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time. 

3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy. 

3.1.2 Shikshatam may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Shikshatam‘s services and to build new services. 

3.1.3 The Website allows Shikshatam to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the teachers and their practice. 

3.1.4 The Privacy Policy sets out, inter-alia: 

The type of information collected from Users, including sensitive personal data or information; 

The purpose, means and modes of usage of such information; 

How and to whom Shikshatam will disclose such information; and, 

Other information mandated by the SPI Rules. 

3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia: 

the fact that certain information is being collected; 

the purpose for which the information is being collected; 

the intended recipients of the information; 

the nature of collection and retention of the information; and 

the name and address of the agency that is collecting the information and the agency that will retain the information; and 

the various rights available to such Users in respect of such information. 

3.1.6 Shikshatam shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Shikshatam or to any other person acting on behalf of Shikshatam. 

3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Shikshatam of any actual or suspected unauthorized use of the User’s account or password. Although Shikshatam will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Shikshatam or such other parties as the case may be, due to any unauthorized use of your account. 

3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Shikshatam has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Shikshatam has the right to discontinue the Services to the User at its sole discretion. 

3.1.9 Shikshatam may use such information collected from the Users from time to time for the purposes of debugging customer support related issues. 

3.2 LISTING CONTENT AND DISSEMINATING INFORMATION 

3.2.1 Shikshatam collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the teachers listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Shikshatam takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Shikshatam screens and vets the information and photos submitted by the Teachers/Institutes, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts. 

3.2.2 The Services provided by Shikshatam or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Shikshatam does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Shikshatam does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Shikshatam disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Shikshatam or any User in relation to any User or services provided by such User. 

3.2.3 The Website may be linked to the website of third parties, affiliates and business partners. Shikshatam has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Shikshatam endorses the linked site. User may use the links and these services at User’s own risk. 

3.2.4 Shikshatam assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website. 

3.2.5 If Shikshatam determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Shikshatam reserves the right to immediately suspend your access to the Website or any of your accounts with Shikshatam and makes such declaration on the website alongside your name/your clinic’s name as determined by Shikshatam for the protection of its business and in the interests of Users. You shall be liable to indemnify Shikshatam for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Shikshatam or its Users. 

3.3 STUDENT STORIES 

By using this Website, you agree that any information shared by you with Shikshatam or with any Teacher/Institute will be subject to our Privacy Policy. 

You are solely responsible for the content that you choose to submit for publication on the Website, including any patient stories or recommendations (“Critical Content”) relating to Teacher/Institute or other healthcare professionals. The role of Shikshatam in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Shikshatam disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Shikshatam shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms. 

Your publication of patient stories on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Shikshatam, at its sole discretion, may choose not to publish your patient stories, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Shikshatam may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of: 

Obtaining feedback in relation to Website or Shikshatam’s services; and/or 

Obtaining feedback in relation to any Teacher/Institute listed on the Website; and/or 

Resolving any complaints, information, or queries by Teacher/Institute regarding your Critical Content; 

and you agree to provide your fullest co-operation further to such communication by Shikshatam. Shikshatam’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms. 

3.4 RECORDS 

Shikshatam may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Shikshatam’. Information available in your Records is of two types: 

User-created: Information uploaded by you or information generated during your interaction with Shikshatam ecosystem, eg: appointment, message placed by you. 

Teacher-created: Records generated by your interaction with a Teacher who uses Shikshatam software. 

The specific terms relating to such Account are as below, without prejudice to the rest of these Terms and the Privacy Policy: 

3.4.1 Your Records is only created after you have signed up and explicitly accepted these Terms. 

3.4.2 Any Teacher/Institute created Record is provided on an as-is basis at the sole intent, risk and responsibility of the Teacher/Institute and Shikshatam does not validate the said information and makes no representation in connection therewith. You should contact the relevant Teacher/Institute in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner. 

3.4.3 The Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Shikshatam is not liable for any interruption that may be caused to your access of the Services. 

3.4.4 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Shikshatam is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Shikshatam. 

3.4.5 Shikshtam does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Shikshatam of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support"@"shikshatam.com shikshatam.com. 

3.4.5 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Records will be deleted, and your Records stored by your Teacher/Institute will continue to be stored in their respective accounts. 

3.4.6 You may lose your “User created” record, if the data is not synced with the server. 

4. TERMS OF USE TEACHERS/INSTITUTES 

The terms in this Clause 4 are applicable only to Teachers/Institutes. 

4.1 LISTING POLICY 

4.1.1 Shikshatam, directly and indirectly, collects information regarding the teachers’/Institute profiles, contact details, and skills. Shikshatam reserves the right to take down any Teacher’s/Institute profile as well as the right to display the profile of the Teacher’s/Institute, with or without notice to the concerned Teacher/Institute. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Shikshatam immediately to enable Shikshatam to make the necessary amendments. 

4.1.2 Shikshatam shall not be liable and responsible for the ranking of the Teacher’s/Institute on external websites and search engines 

4.1.3 Shikshatam shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Shikshatam, where the User has expressly or implicitly consented to the making of disclosures or publications by Shikshatam. If the User had revoked such consent under the terms of the Privacy Policy, then Shikshatam shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Shikshatam prior to its actual receipt of such revocation. 

4.1.4 Shikshatam reserves the right to moderate the suggestions made by the Teacher’s/Institute through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Shikshatam shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Teacher’s/Institute are added to the Website. 

4.1.5 Teacher’s/Institute explicitly agree that Shikshatam reserves the right to publish the Content provided by Teacher’s/Institute to a third party including content platforms. 

4.1.6 You as a Teacher’s/Institute hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Shikshatam accepts no liability for the same. 

4.2 PROFILE OWNERSHIP AND EDITING RIGHTS 

Shikshatam ensures easy access to the Teacher’s/Institute by providing a tool to update your profile information. Shikshatam reserves the right of ownership of all the Teacher’s/Institute’s profile and photographs and to moderate the changes or updates requested by Teachers/Institutes. However, Teacher’s/Institute takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Teacher’s/Institute’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Teacher’s/Institute may modify or delete parts of your profile information at its sole discretion with or without notice to you. 

4.3 STUDENT STORIES DISPLAY RIGHTS OF SHIKSHATAM 

4.3.1 All Critical Content is content created by the Users of www.shikshatam.com (“Website”) and the clients of Shikshatam customers and Teacher’s/Institute, including the End-Users. As a platform, Shikshatam does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Shikshatam and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.4 and 4 of these Terms. Shikshatam’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms. 

4.3.2 Shikshatam reserves the right to collect feedback and Critical Content for all the Teacher’s/Institute listed on the Website. 

4.3.3 Shikshatam shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law. 

4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Shikshatam shall not be liable for any effect on Teacher’s/Institute’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Shikshatam however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms. 

4.3.5 Shikshatam will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website. 

4.3.6 If Shikshatam determines that you have provided inaccurate information or enabled fraudulent feedback, Shikshatam reserves the right to immediately suspend any of your accounts with Shikshatam and makes such declaration on the website alongside your name/your clinics name as determined by Shikshatam for the protection of its business and in the interests of Users. 

4.4 RELEVANCE ALGORITHM 

Shikshatam has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Teacher’s/Institute. Shikshatam shall not be liable for any effect on the Teacher’s/Institute’s business interests due to the change in the Relevance Algorithm. 

4.5INDEPENDENT SERVICES 

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Shikshatam. 

4.6 SHIKSHATAM REACH RIGHTS 

Shikshatam reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Shikshatam will not be liable for the accuracy of information or the claims made in the Sponsored ads. Shikshatam does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Shikshatam will not be liable for the services of the providers of the Sponsored ads. 

You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Shikshatam accepts no liability for the same. 

4.7 Teacher’s/Institute UNDERTAKING 

The Teacher’s/Institute is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Teacher’s/Institute shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Teacher’s/Institute shall at all times ensure that all the applicable laws that govern the Teacher’s/Institute shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered. 

4.10 USAGE IN PROMOTIONAL & MARKETING MATERIALS 

In recognition of the various offerings and services provided by Shikshatam to Teacher’s/Institute, Teacher’s/Institute shall (subject to its reasonable right to review and approve): (a) allow Shikshatam to include a brief description of the services provided to Teacher’s/Institute in Shikshatam’s marketing, promotional and advertising materials; (b) allow Shikshatam to make reference to Teacher’s/Institute in case studies, and related marketing materials; (c) serve as a reference to Shikshatam’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Teacher’s/Institute’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials. 

7.LIMITATION OF LIABILITY 

In no event, including but not limited to negligence, shall Shikshatam, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for: 

provision of or failure to provide all or any service by Teachers/Institutes to End- Users contacted or managed through the Website; 

any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website; 

any unauthorized access to or alteration of your transmissions or data; or 

any other matter relating to the Website or the Service. 

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).