1. Terms of service:

    Welcome to TeachersHelpTeachers! (referred to in this policy as “TeachersHelpTeachers”, “THT”, “us”, “we”, or “our”) has adopted the following Terms of Service which govern your relationship with THT and provide important information about your legal rights (“Terms”).

    These Terms explain the rules you need to follow when you visit our website at teachershelpteachers.in and any affiliated web pages we may host (“Site”), our mobile applications (“Apps”)(if any), and any other services we might offer (together with Site and Apps, our “Services”).

    THT is an open marketplace for educators/students / parents and creators to discover, buy, sell, and share their original content for teaching and learning, classroom decor, and supplies for creating such works (“Resources”). Resources may include electronically delivered files, digital products, streaming video, physical or used goods, and other product types. THT may modify, add, discontinue support for, or limit the availability of any product type. A Resource, together with the Resource title, description, and other listing information make up a “Resource Listing.” THT at no time owns or sells Resources for or on behalf of our Sellers.

    Users of the marketplace include members who have registered for a THT account (“Account”) (“Members”) and visitors who browse the marketplace without registering for an Account (“Visitors”). (Visitors and Members together are our “Users”.)

  2. SERVICES provided by TeachersHelpTeachers

    1. The Website is an electronic platform in the form of an electronic marketplace and an intermediary that

      1. (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and
      2. (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and
      3. (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and
      4. (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.
  3. Eligibility to use teachershelpteachers.in

    1. The Services are not ava+9+ilable to minors under the age of eighteen (13) or to any Users suspended or removed from by teachershelpteachers for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (13) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between teachershelpteachers and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
    2. TeachersHelpTeachers reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
    3. You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
  4. Membership

    This section provides information on who’s eligible to join our community, how to create an account, and the types of accounts we offer. To use many of the features of our Services, we require you to register as a Member with us. Some Members post, share, and sell Resources (Sellers), other Members use their accounts only to browse, purchase, and download Resources (Buyers), and some do both. We also offer schools the ability to join THT and connect with their teachers (Organizations).

    1. You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users//
    2. A. ELIGIBILITY

      To use many aspects of our Services, you’ll be asked to become a Member. Only individuals who are 18 years of age or older are eligible to become Members. By registering for an Account or using our Services, you represent and warrant that you are at least 18 years old.

      When you create an Account, the information you provide needs to be true and accurate. Don’t provide fake or false information, don’t provide information that violates someone else’s rights, and don’t impersonate someone else.

      We may ask for proof of your age or identity at any time in order to verify your Account and we may close or suspend access to your Account if you violate this rule or if we are unable to verify your age or identity.

      If you’re a school, organization, government, business, or other entity, the person whose email address is associated with the Account must have authority to bind the entity to this Agreement.

      In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify teachershelpteachers of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Teachershelpteachers cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by teachershelpteachers or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

      You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.

      If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Teachershelpteachers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, teachershelpteachers has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

    3. Guest users: The Website also allows limited access to the Services for unregistered Users (also called as ‘guest users’). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
    4. Depending upon whether You are a seller or a buyer or another user who otherwise wish to use the Website, and the nature of Services You wish to avail from the Website, You may be required to provide certain personal information and Teachershelpteachers may collect certain personal information. Your provision of, and teachershelpteachers’ collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Teachershelpteachers’ privacy policy,
    5. MEMBERSHIP FEES

      Purchases. All Members will be charged, in INR, the price listed at checkout which may include taxes, fees, or shipping charges for any purchases. Members are solely responsible for any other taxes, fees, or other costs they may incur by making a purchase from our Services.

      Buyers. Joining as a Buyer is free. Buyers may, at any time, and after paying any applicable fees, upgrade to a Seller Membership.

      Sellers. THT offers multiple Seller Membership options. Each Seller Membership has different features and privileges, Payout Rates, and Fees.

      “Fees” include (1) membership subscription fees charged each membership term (“Membership Fees”), and (2) fees charged per Resource sold (“Transaction Fees”).

      “Payout Rate” is defined as the percentage of the list price you earn for each Resource you sell. Payout Rates may vary depending on the type of Resource and your Membership level. Your Payout Rate is applied only to the list price of each Resource at the time sold, before any Transaction Fees or Shipping Charges are applied. See Section 5 for additional information on Earnings and Payouts.

      For any membership for which a Membership Fee applies, your membership will automatically renew each term unless you cancel the renewal.

      We may, in our discretion, make changes to the Memberships we offer, the privileges and features available to each Membership, as well as the Fees and Payout Rates associated with each Membership at any time.

      In advance of any Fee increase or change in Payout Rates, we’ll notify all affected Users at the email address associated with the account in accordance with these Terms. Changes in Payout Rates will be applied to all affected Sellers as of the stated effective date of the change, irrespective of any individual Seller’s Membership Fee renewal date. Any increase in Membership Fees will be applied only to renewals taking place after the change goes into effect.

      Sellers are responsible for any other fees or costs they may incur and for paying any applicable income, sales, or other taxes they may be subject to as a result of using our Services.

    6. You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Teachershelpteachers expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
    7. For Your making payments for buying the Products on the Website, in addition to the Agreement/s, the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and Teachershelpteachers does not control the same and shall not be liable for the same.
    8. Payment Facility for Your orders: Teachershelpteachers may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of Teachershelpteachers’ fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. Teachershelpteachers shall initiate the remittance of the payments made by You for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between Teachershelpteachers and sellers.
    9. MONITORING CONTENT

      THT has the right, but not the obligation, to monitor any activity and Content associated with our Services. We may investigate any complaints or reported violation of its policies and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension, or termination of your Membership, denying access, and/or removal of any Content on the site, including Resource Listings.

  5. Resource Licensing Policy

    THT Sellers own their Resources and give you certain rights to use them for limited purposes. This section describes the agreement between you and the Sellers you purchase from, and lets you know what’s OK to do with Resource licenses you buy on THT and the types of licenses available.

    A. IN GENERAL

    License. THT Sellers own and maintain the intellectual property rights in their Resources and grant Members licenses to use such Resources for limited use as described in this section. When you purchase a Resource, you’re purchasing a license to use the Resource in accordance with the terms of this Resource Licensing Policy. All downloadable and digitally consumed Resources can only be used in accordance with a license, which can either be an “Individual License” or a “Classroom License.”

    Your use of any Resource, regardless of license type and whether the license is purchased by you, transferred to you by your Organization, or purchased for you as a gift or on your behalf by your school or other entity, is subject to this Resource Licensing Policy and other terms set forth in these Terms. You agree to comply with the terms of this Resource Licensing Policy as well as any additional terms the Seller provides in the Resource Listing, to the extent that such terms do not conflict with these Terms. In the event of any conflict between this Resource Licensing Policy and a Seller’s terms, this Resource Licensing Policy will govern, except that Sellers may grant certain additional rights to their Resources.

    B. INDIVIDUAL LICENSE

    An Individual License is a license that may only be assigned to a single specific individual user (“Assignee”) (e.g. one specific teacher) for that Assignee’s lifetime use. Individual Licenses are non-transferable and may not be used by or reallocated to a different Assignee (for example, a teacher who purchases an Individual License can use such Resource, in accordance with this section, for her or his lifetime but cannot transfer use of such Resource to another teacher after her or his retirement).

    Except as otherwise stated in these Terms (such as in the “Limitations on Access” section set forth below), under an Individual License, the Seller grants to the purchasing Member, for use by one Assignee, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below. The Seller may grant additional rights at their discretion.

    If you purchase an Individual License, the Seller permits you to:

    1. • Assign use of the Resource to one Assignee. Once an Assignee has been designated, the Resource cannot be used by any other individual without purchase of an additional license. For clarity, you can purchase an Individual License for yourself, as a gift, or as an Organization purchasing on behalf of a teacher. In such cases, a single “transfer” of the Resource to the intended recipient is permitted, but you may not reallocate an Individual License from one user to another or share the Resource with additional users unless you purchase an additional license.

    As an Assignee of an Individual License, the Seller permits you to:

    1. • Use the Resource for personal, educational, and instructional use only (“Personal Use”). This means you can use Resources for your own personal purposes, for your individual study, and to teach your students.

    2. • Print and make copies of downloadable Resources as necessary for Personal Use. Copies may be made and provided to your students, classroom aides, and substitute teachers as necessary. Copies may also be made for students’ parents, classroom observers, supervisors, or school administrators for review purposes only. Hard goods and video resources may not be copied, shared, or otherwise reproduced.

    Unless otherwise expressly permitted by the Seller:

    1. • You may not use the Resource, in part or in whole, for commercial purposes. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity.

    2. • You may not post or otherwise make the Resource available on any website.

    3. • You may not share, send, sell, sublicense, or transfer the Resource to someone else for their own Personal Use unless you purchase an additional license for each additional educator you will share it with. Each Individual License is for use by one specific educator only.

    B. CLASSROOM LICENSE

    Subject to these Terms and other policies made available by THT, Organizations using THT for Schools may have the option to purchase an upgraded transferable “Classroom License” or upgrade an existing Individual License to a Classroom License. Classroom Licenses allow for reallocation from the original Assignee to a new user under the conditions provided in this section. Classroom Licenses are only available to THT for Schools purchasers.

    Although Classroom Licenses can be transferred from one Assignee to another in accordance with the terms of this Resource Licensing Policy, a Classroom License my used by only one user at a time. In order to transfer a Classroom License from one Assignee to another, an Organization must first reclaim the Classroom License from the current Assignee. An Organization may reclaim a Classroom License in order to transfer it to a new user no more than once per calendar year. THT may, in its discretion, modify the frequency with which a Classroom License may be transferred, or allow additional transfers on a case-by-case basis.

    Except as otherwise stated in these Terms (including without limitation the “Limitations on Access” section set forth below), under a Classroom License, the Seller grants to the purchasing Member, for use by one Assignee at a time, a non-exclusive, perpetual, irrevocable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below. The Seller may grant additional rights at their discretion.

    If you purchase a Classroom License, the Seller permits you to:

    1. • Transfer the Resource to one Assignee (e.g. a teacher within your Organization) at a time. Unlike an Individual License, you can reclaim the license from the Assignee and re-assign it to a different user. You may not share a Resource with multiple users concurrently unless you purchase additional licenses.

    As an Assignee of a Classroom License, the Seller permits you to:

    1. • Use the Resource for Personal Use only.

      • Print and make copies of downloadable Resources as necessary for Personal Use. Copies may be made and provided to students, classroom aides, and substitute teachers as necessary. Copies may also be made for students’ parents, classroom observers, supervisors, or school administrators for review purposes only. Hard goods and video resources may not be copied, shared, or reproduced.

    Unless otherwise expressly permitted by the Seller:

    1. • You may not use any Resource, in part or in whole, for commercial purposes. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity.

      • You may not post or otherwise make any Resource available on any website.

      • An Assignee may not continue to use a License that has been reclaimed by the Assignee’s Organization after the license is reclaimed.

    C. LIMITATION ON ACCESS

    1. Downloadable Resources. THT cannot guarantee continuous access to any Resource through our Service. For example, if at any time, THT stops hosting a Resource for any reason or you or THT terminates, suspends, downgrades, or otherwise limits your Account or access to THT’s Services, your ability to access the Resource through our Services may be terminated. It’s your responsibility to maintain and store a copy of downloadable Resources on your device to ensure future access.

      Digital and Video Resources. If you purchase access to a Resource in the format of streaming video or other non-downloadable formats, your license will expire if you or THT closes your account, or if THT stops hosting the Resource for any reason.

  6. Payment, Earnings, and Payouts

    This section provides information on making and receiving payments, our refund policy, and how and when Sellers get paid for the Resources they sell through our Services.

    A. PURCHASING TERMS & REFUNDS

    Refund Policy. When you list a Resource or make a purchase on THT, you agree to our policy. Except as provided in our Refund Policy, all sales are considered final and nonrefundable once an order is submitted. We may, in our sole discretion, modify our Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of our Refund Policy. Sellers can view a refund and any applicable refund note in their Sales Details report. Sellers may authorize a full or partial refund for any reason by getting in touch.

    Payment methods and currency. We may offer a variety of payment methods to pay for purchases, such as a credit and debit card, PayTM, School Purchase Order, Account credit, or the available balance on a valid Teachers Pay Teachers Gift Card. We accept payments in INR as of now. Cash payments and payments in other currencies will not be accepted. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase.

    School Purchase Orders. Payment by School Purchase Order is available only to schools, districts, and other eligible educational institutions. By submitting a School Purchase Order, you represent and warrant that you have authority to bind the purchasing entity in the transaction, and that the entity agrees to pay the total price as quoted on the THT Purchase Order Quote, including applicable processing fees. Invoices for School Purchase Orders must be paid in INR, and payment is due within twenty-one days of the Invoice Date. Cash payments and payments in other currencies will not be accepted.

    Promise to pay. When you buy something on THT (including Resources, Teachers Pay Teachers Gift Cards, Account credit, Seller Memberships, promotional, marketing or other services which may be available to Sellers, and other products or services we may offer), you represent and warrant that you’re authorized to make the purchase and to use the payment method and billing information you’ve provided. You further agree that THT may charge your payment method the amount due, which will be in INR. We are not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees. Payment for certain purchases by Sellers, such as promotional services, may be collected through a deduction from the Seller’s next Earnings Payout, or by credit or debit card if your current unpaid earnings are not enough to cover the purchase price.

    Failure to pay and payment disputes. Failure to pay as promised may result in late fees being charged, Resources being removed from your Account, Account suspension or closure, or any other action we deem necessary. If we receive notice that you’ve disputed a charge related to a purchase made from your THT Account, we may, at our discretion, offer proof to challenge the dispute. Pending resolution of the dispute, we may remove the purchased Resources from your Account temporarily, or, if a refund is ultimately issued, permanently. In our discretion, we may take further action against your Account.

    B. EARNINGS & PAYOUTS

    Earnings. Sellers earn a percentage of the list price of each Resource they sell through our Services based on the Payout Rate that applies to their Membership Type (“Earnings”). Earnings are reduced by the full amount of any Transaction Fees that apply, and increased by the full amount of any shipping fees charged.

    Payout Account. To issue Payouts, we work with third party companies which process and transfer funds between us and our Sellers (“Payment Services”). To receive Payouts, Sellers must have an Account capable of receiving payments with a supported Payment Service (“Payout Account”). If you have questions about the status of your Payout Account, please reach out directly to the Payment Service you use. If you are unable to register a Payout Account with any of the supported Payment Services, we may consider alternative means of issuing Payouts at our discretion on a case-by-case basis. We make no guarantees about the services offered by any third party companies including the current or any future Payment Services we may support, and we are not responsible for any payment delays or other complications caused by Payment Services. We may, at our discretion, modify the list of supported Payment Services at any time, discontinue support for an existing Payout Service, or make additional Payout options available.

    Schedule. We issue Payouts on a monthly basis by the twenty-first day of the month following the month in which a sale was made. For example, Earnings related to a sale made in the month of January will be paid as part of a monthly Payout issued by February 21st. We may, at our sole discretion, withhold or delay a Payout due to any Seller who we believe to be in violation of any of these Terms. After the matter is resolved, we will either refund the withheld sales or complete the Payout.

    Payment Service Fees. Payment Services may assess transaction fees when we transfer your Payouts to you. We will deduct from your Payout an amount equal to or less than the transaction fee assessed to us by the Payment Services. These transaction fees are subject to change at the discretion of the Payment Services. We are not responsible for any additional fees or taxes you may incur from other third parties related to receiving or accessing your Payouts.

  7. Intellectual Property

    This section describes what content on the site belongs to us and is protected as our intellectual property, what belongs to you, and the rights you grant us to use your intellectual property.

    A. THE SERVICES AND THE SITE CONTENT

    Except for Content uploaded or posted by Members, all other aspects of the Site and the Apps you find on our Services is owned or controlled by us. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site or Apps (collectively, “Site Assets”). This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights.

    You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. By commercial purpose we mean that you can’t sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Site Assets.

    B. YOUR CONTENT

    Rights you grant to THT. Some parts of our Services allow you to upload or post Content. You retain any intellectual property rights that you hold in that Content. THT does not take or claim any ownership (copyright, trademark, or otherwise) over your Content.

    When you post or upload Content to our Services, you grant to us limited rights to store, use, and display, and provide access to the Content you post as necessary to provide our Services, such as to display your Resource in your store and in search results, to make your Resources available for download, and to display and promote your Resources on TeachersHelpTeachers.in, through email, and ads on other sites or search engines, and through other marketing campaigns. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to your Content necessary to provide our Services to you and our other Users.

    Rights you grant to others. When a Member purchases a license to use your Resource or downloads free Resources from you, you allow them to use your Resource, in accordance with the license type purchased by such Member and any other terms you expressly set forth in writing in connection with such Resources (as long as any additional terms do not conflict with these Terms). For clarity, you may, at your discretion and in accordance with these Terms and any other policies set forth by THT, grant additional rights to purchasers of your Resources, but you may not enforce limitations on such use that are inconsistent with the rights granted .

    For Classroom Licenses, the list price will automatically reflect an increase over the price you set for an Individual License, and will be determined by applying a default “premium” percentage (determined by THT) to the Individual License list price. The default premium percentage number is subject to change by THT. As a Seller, you may increase the premium percentage (and therefore the overall price of a Classroom License) based on available increments up to 100%, but you may not set a premium percentage lower than the default determined by THT. Please contact us for assistance.

    Effect of account closure or Resource deactivation. If you or THT closes, suspends, or otherwise limits your Account or access to the Services, or downgrades your Account to a Buyer Membership, we’ll no longer display your store page or your Resource Listings, and your Resources will no longer be available for purchase or download by Members who haven’t previously purchased them. If you or THT deletes or deactivates a single Resource Listing, that Resource will not be available for purchase or download by Members who have not previously purchased or downloaded the Resource, and the Resource Listing will no longer be displayed in your store or in search results. If any of the above situations takes place, ThT will continue to store your Resource file on our servers and will continue to make it available for download by Members who have previously purchased the Resource subject to other limitations set forth in these Terms. THT will continue to display your Communications unless you remove them from the Services before you go. If you do remove them, we’ll no longer display them on our Services, but we may continue to store a copy of them in our databases.

    When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content

    1. • belongs to another person and to which the User does not have any right to;

    2. • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

    3. • harms minors in any way;

    4. • impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

    5. • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;

    6. • infringes any patent, trademark, copyright or other proprietary rights;

    7. • contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;

    8. • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    9. • engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

    10. • attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any teachershelpteachers server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;

    11. • probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Teachershelpteachers, including any Teachershelpteachers Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

    12. • disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

    13. • use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of teachershelpteachers or other third parties;

    14. • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

    15. • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

    16. • violate any applicable laws or regulations for the time being in force within or outside India;

    17. • violate the terms of the Agreement.

  8. C. REPORTING INTELLECTUAL PROPERTY VIOLATIONS

    1. The Website and 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 (collectively, the “Content”) on the Website is owned and controlled by Teachershelpteachers or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Teachershelpteachers reserves the right to change or modify the Content from time to time at its sole discretion.

    2. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Teachershelpteachers or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Teachershelpteachers, the vendor/seller or the third party that may own the Marks.
      We respect the intellectual property rights of others and expect the same from all of our Members. No Member may post any material, information, communication, data, or anything else that infringes on the copyrights, trademarks, or patent rights of someone else.

    3. We will close the Accounts of Members who repeatedly violate this rule.

  9. Third Party Content

    1. General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website (“Third Party Content)The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an ‘As Is’ basis. Teachershelpteachers may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Teachershelpteachers shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.

    2. In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. Teachershelpteachers makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.

  10. Disclaimer Of Warranties & Liability

    1. The website, services, content, user content and any third party content are provided by teachershelpteachers on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, teachershelpteachers makes no warranty that (i) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the website or services will be effective, accurate or reliable; (iii) the quality of the website or services will meet your expectations; or that (iv) any errors or defects in the website or services will be corrected. No advice or information, whether oral or written, obtained by you from teachershelpteachers or through the website / content or from use of the services shall create any warranty not expressly stated in these terms of use.

    2. To the maximum extent permitted by applicable law, teachershelpteachers will have no liability related to user content and / or third party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Teachershelpteachers also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and / or third party content.

    3. You expressly understand and agree that, to the maximum extent permitted by applicable law teachershelpteachers will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services, either with or without your knowledge. Teachershelpteachers has endeavored to ensure that all the information on the website is correct, but teachershelpteachers neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Teachershelpteachers shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, teachershelpteachers shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond teachershelpteachers’ control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Teachershelpteachers accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

  11. Indemnity

    This section describes what happens if THT gets sued because of something you did. We hope that never happens, but if it does you agree to defend THT against liability for your actions.

    You agree to indemnify, defend, and hold harmless THT, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.

    1. Teachershelpteachers may notify You of any claims which You shall be liable to indemnify teachershelpteachers against. You will then be required to consult with teachershelpteachers regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of teachershelpteachers without the express prior written consent of teachershelpteachers which can be withheld or denied or conditioned by teachershelpteachers in its sole discretion.

    2. Notwithstanding anything to contrary in the Agreement/s, teachershelpteachers’ entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to teachershelpteachers under the relevant order to which the cause of action for the liability relates.

  12. Terms

    1. The Agreement will continue to apply until terminated by either You or Teachershelpteachers as set forth below. If You want to terminate Your agreement with Teachershelpteachers, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where Teachershelpteachers has made this option available to You.

    2. You agree that Teachershelpteachers may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Teachershelpteachers determines that You have violated the terms of these Terms of Use or any other Agreement/s. You also agree that any violation by You of the Agreement/s will cause irreparable harm to Teachershelpteachers, for which monetary damages may be inadequate, and You consent to Teachershelpteachers obtaining any injunctive or equitable relief that Teachershelpteachers deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Teachershelpteachers may have at law or in equity.

    3. In addition to Clause 12.2 above, Teachershelpteachers may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

      1. • Teachershelpteachers is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;

      2. • The provision of the Services to You by Teachershelpteachers is, in Teachershelpteachers’ opinion, no longer commercially viable;

      3. • Teachershelpteachers has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or

      4. • In the event Teachershelpteachers faces any unexpected technical issues or problems that prevent the Website and / or Services from working.

    4. Teachershelpteachers may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.

    5. You agree that all terminations shall be made in Teachershelpteachers’ sole discretion and that Teachershelpteachers shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

    6. Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Teachershelpteachers chooses to terminate them. Teachershelpteachers may inform the sellers who have accepted Your purchase orders on the Website, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. Teachershelpteachers may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.

  13. GOVERNING LAW & JURISDICTION

    1. These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Teachershelpteachers shall be governed in accordance with the laws of India without reference to conflict of laws principles.

    2. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement/s or any transactions entered into on or through the Website or the relationship between You and Teachershelpteachers shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

  14. REPORT ABUSE AND TAKE DOWN POLICY

    1. In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, please refer to the Teachershelpteachers Report and Take Down Policy available at www. teacherspayteachers.in under “Policy Info” section

  15. GENERAL PROVISIONS

    1. Notice: All notices with respect to these Terms of Use from Teachershelpteachers will be served to You by email or by general notification on the Website. Any notice provided to Teachershelpteachers pursuant to these Terms of Use should be sent to Grievance Officer at grievanceofficer@ teachershelpteachers.in

    2. Assignment: You cannot assign or otherwise transfer the Agreement/s, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Teachershelpteachers ‘s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Teachershelpteachers to any third parties without the requirement of seeking Your prior consent. Teachershelpteachers may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Teachershelpteachers shall have right to transfer Your Account and Account Information to a third party who purchases Teachershelpteachers’ business as conducted under the Website.

    3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Teachershelpteachers may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

    4. Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

    5. Principal to Principal Relationship: You and Teachershelpteachers are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Teachershelpteachers. As an abundant caution, it is clarified that Teachershelpteachers shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and Teachershelpteachers have entered this agreement on principal to principal basis.

    6. Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by Teachershelpteachers is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Teachershelpteachers or its third parties performing such services as sub-contractor to Teachershelpteachers and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then Teachershelpteachers shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Teachershelpteachers shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

    7. Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made there under, the Grievance Officer of Teachershelpteachers for the purpose of this Agreement shall be Mrs. Rakhee with email address: grievanceofficer@teachershelpteachers.in. Teachershelpteachers may change the aforesaid details from time to time under intimation to You.

  16. FEEDBACK AND INFORMATION

    1. Any feedback You provide to this Website shall be deemed to be non-confidential. Teachershelpteachers shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Teachershelpteachers is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Teachershelpteachers may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Teachershelpteachers for the feedback under any circumstances.

    2. To clarify, Teachershelpteachers may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Teachershelpteachers shall not be obliged to do so. Further, in the event that Teachershelpteachers makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Teachershelpteachers, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.

  17. HOW TO CONTACT US

    You can reach us by emailing support@teachershelpteachers.in, or by submitting a message using our contact us form.