Terms and Conditions

INTRODUCTION

This Terms of Use (“Terms” also referred to as “Agreement”, or “ToU”) is between Orchard EdTech also referred to as “We/ we”, “Us/ us” or “Our/ our”), with offices at 20 Paige Terrace, Sayreville, NJ 08872 & 1354, Ground Floor,11th Street, I Block, 18th Main Road, Vallalar Kudiyiruppu, Anna Nagar West, Chennai,Tamil Nadu 600040 with contact numbers: 638 375 5273 / 934 490 6974, and the website visitors, or registered account users who access, or uses the Orchard EdTech web and mobile services including websites, oitclasses.com web application, Learning Management Systems (LMS), mobile applications, web services, chat systems, support ticket systems, video conference systems, contents, and other products or services of Orchard EdTech (“Orchard EdTech Platform” also referred to as “Site”, or “Site Services”, or “Products”, or “Service Offerings”).

The users can be Students, Trainees, or Trainers (“Users” also referred to as “You/ you”, or “Your/ your”).

If you are a Trainer user, you must additionally agree to the “Trainer agreement,” which may be found in the Trainer agreement. The Trainer Agreement, Privacy Policy, and other rules, guidelines, disclaimers, and other agreements are integrated into these Terms of Use. Please also read the website’s privacy policy (“Privacy Policy”), disclaimer (“Disclaimer”), and other terms and policies. Your use of this website, applications, and software is also governed by your agreement with us regarding your use of the Orchard EdTech Platform and the services offered through the Platform.

Definition:

A “Boot Camp Class” is a virtual, live, online interactive conference or meeting hosted, scheduled, and led by an Instructor on a specific date and time. At this conference, Trainers will deliver training, lectures, seminars, question and answer sessions, and more. Interested students/trainees can reserve seats and participate in this conference using technology-based devices such as video conferencing systems, chat messaging platforms, etc.

The term “Collective Content” refers to both User Submitted Content and Orchard EdTech Content. Users include content creators, trainers, students, and trainees.

“Confidential Information” includes, but is not limited to, data, documents, processes or techniques, drawings or designs, computer programs, calculations, customer lists, supplier lists, business plans, and financial information exchanged between the parties.

The “Content” method is any mixture of the following: textual content, graphics, images, music, software program (the content material of the software except for the Application), audio, video, recorded video, documents (which can include WORD, EXCEL, POWERPOINT, PDF), outside internet site links, statistics, or different substances.

The “Course Listing” method is the presenting of tutorial publications or applications of publications indexed through Orchard EdTech at the Site or Site Services.

“Course Material” means the collection of educational content prepared or uploaded by the Orchard EdTech or the Trainersor the Author Trainers of the Orchard EdTech to the Site or Site Services.

“Courses” means any package of learning materials & content offered to students for their education. It can be trainer -led courses or self-paced learning video courses.

“Feedback” means the information about reactions to the trainer ’s performance in providing service, student’s performance in the learning process, Orchard EdTech Website’s features and performance, etc., which is used as a basis for improvement

“Hyperlinks” method the internet site uniform aid locator given to an internet site or sources or content material or the substances used in the Orchard EdTech websites

“Intellectual Property” method patents, rights to use for patents, trademarks, change names, change secrets, carrier marks, area names, copyrights, methods, procedures, all applications, schematics, business models, inventions, know-how, studying substances, content material, artwork, layout creatives, laptop software program programs, cell software programs, and different intangible proprietary statistics and different proprietary statistics

“Messages” method any textual content statistics communicated among the customers via exceptional channels and/or devices. Examples are SMS messages, WhatsApp messages, Email Messages, and In-app Chat messages.

The “Non-Protected Information” method is any statistics this is already regarded to the events earlier than this Agreement, any statistics this is already public or turned into so for the duration of this Agreement via no fault of both birthday celebrations, and any statistics acquired from a third birthday celebration that isn’t associated with the events of this Agreement.

The “Notifications” method is an alert message displayed to the customers to inform them of a selected occasion on the internet site.

“Orchard EdTech Websites” method the internet site, cell applications, and/or offerings furnished through Orchard EdTech and its associates to the customers of Orchard EdTech offerings

“Orchard EdTech Content” method the Course Material and different Content organized and uploaded through Orchard EdTech and its Content Authors and trainers

The “One-on-one Class” method is a digital interactive lecture room carried out through the Trainer to a character pupil for the required direction or studying consultation assembly via a technology-primarily based total answer like a video convention system, chat messaging system, etc.

“Performance Review” refers to a formal review of a Trainer in which the management assesses their job performance, identifies strengths and flaws, provides comments for changes, and advises alternative methods or plans to better their work output.

The term “Platform,” “LMS Platform,” or “Learning Management System Platform” refers to a collection of application software and services, including web, mobile, and other device software, that is used to plan, create content, deliver content, monitor student participation, and learning progress, and assess student performance and the specific learning process.

“Profile Listing” means the addition and listing of user profiles on the Site or Site Services. Examples of Profile listing are Trainer Profiles, and Student/Trainee Profiles

“Regulatory Authority” means an autonomous authority or agency established by a federal, state, provincial, or local government that is responsible for exercising autonomous dominion over some area of human activity in a regulatory or monitoring capacity.

“SMS” means a text message sent to the user’s mobile devices through the mobile carrier Short Messaging Services.

A user who registers with the website or internet services and enrols in a course or course session is referred to as a “student/trainee.”

“Taxes” or “Taxes” refer to sales tax, value-added tax (VAT) or goods and services tax (GST), service tax, withholding tax (TDS), duty, or duty imposed by law on Orchard EdTech, to collect and submit to government agencies and/or other equivalent bodies. State, federal, and national direct, indirect, or withholding taxes, as well as personal and business taxes, are all included.

“Trainer user” means the user who has been selected by Orchard EdTech and is available to provide the Training service to the Students/Trainees on the Site or Site Services

“User Content” means the Content prepared and uploaded by Trainers. The User Content examples are Exercises, Assignments, Worksheets, Assessments, Audio Recordings, Presentations, etc.

Terms of Use:

You agree to the following:

User Account:

You agree to be governed by this Agreement and any additional terms and conditions by accessing and/or using the Platform. You must register a user account in order to access and utilize elements of the website and online services. Your degree of access to specific portions of the website may differ based on the user roles you have registered with the website. Website Visitors may access portions of the Website or Website Services, including before a user account has been created and approved, subject to the Terms of Use. Orchard EdTech retains the right, for any reason or for other business reasons, to authorize or refuse user registration on the website.

When you create a user account on the Platform, you must submit certain information, such as your profile image and personal information, such as your date of birth, age, address location, and so on. You agree to provide or upload the needed information in order to set up a user account.

We may be unable to deliver the service under these Terms if you do not give the necessary information. After you create a user account on the Site, the information in your account profile may be shared with Trainer users and administrative staff users in order to provide training and other administrative services. You accept and consent to the display of your profile information to the designated users.

You agree that the information you supply at registration, as well as any other information given or uploaded to the Platform, is correct, truthful, and full. You also promise to keep the information up to date in order to preserve its correctness, honesty, and completeness.

You agree not to disclose your account details to anybody other than the student/trainee in order for them to access and utilize the user account on your behalf. Your account and related information will be verified, including but not limited to phone number and email address verification, to validate your identity and to ensure that your phone and email address are legitimate.

This verification may occur when you register for an account and at any time subsequently, or when account information is changed.

You can use your registered email address as the username and establish a safe password for the Account when creating your user account. You cannot establish an account, access and use our Orchard EdTech Platform, or utilize our services and goods if you are a minor. If you are minor and desire to use our services or products, you must first contact your Parent or Legal Guardian to evaluate, accept, and set up your user account. You should also get your Parent’s or Legal Guardian’s permission before submitting any information to the Site or using the Site Services.

If you are a minor, you warrant that by accessing and using our services and goods, you have gained proper parental or guardian consent and that all information submitted is truthful and full. If we discover that you are a minor user and your parent or guardian has not supplied consent or information, we have the right to restrict access to the Sites, Site Services, Collective Content, and all other purchases, subscriptions, and restrictions.

We have the right to cancel and terminate memberships and registrations. Everything given was fake or wrong. You accept that it is solely your obligation to check, certify, and confirm that you are permitted to establish and access the Site, Site Services, or Products in such situations.

• RIGHT TO CONTACT

You agree to allow Orchard EdTech or its Associates to contact or reach you through Call, SMS, Email, or WhatsApp for providing existing services and for providing information on new products and services and it will supersede the do not disturb registry or other regulations that you may have registered with.

• STUDENT/ TRAINEE DUTIES

You agree that the following are your duties or responsibilities towards the learning objective on this Orchard EdTech Platform: search, find, and book one-on-one class sessions with the Trainer, contact Orchard EdTech to create a new event between a Trainer, or change any existing live class schedule as required; participate and interact in the virtual video classrooms for the scheduled online live classes (one-on-one or batch classes or online workshops/ events); study and learn the course subscribed through training sessions and other learning activities; complete worksheets, exercises, assignments, or other learning activities, as prescribed and available for the course syllabus; communicate with Trainer through one-on-one chat message box or group chat as required; use the available learning material and content on the platform or the content provided by the Trainer.

• COURSE ENROLLMENT/ BOOKING, AND PAYMENT TERMS

You can enrol in the course or book an appointment with the Trainer based on your preferences and the availability of the Trainer for the requested date and time. Either Orchard EdTech or the respective Trainer will pre-approve, confirm, or reject any Class/ Meeting session booking made within 7 days from the date of booking, otherwise, the Class/ Meeting session booking request will automatically expire. If there are any expired requests or rejected class/ meeting session bookings, the payment that you paid towards that booking will be refunded to your Orchard EdTech Wallet as Wallet Credits.

Any single class/ meeting session booked through the `Book an Appointment process can last up to a maximum of one hour or the time duration defined for the course or as accepted by the respective TRAINER. If you want to reschedule or the Trainer wants to reschedule the Class/ Meeting session, then either you or the Trainer or both users can contact the Orchard EdTech helpdesk team to reschedule the meeting on a mutual time slot agreement. If we are unable to find a suitable time slot for both users to meet, Orchard EdTech may contact our helpdesk team to arrange a replacement trainer.

However, if you wish to cancel your reservation in such circumstances, Orchard EdTech will review and evaluate other possible options and, if valid, approve your cancellation. Orchard EdTech reserves the right to cancel or deny any cancellation request. Once a class/meeting session booking is confirmed, you will receive an email and text message via SMS or push notification to your registered email address or mobile phone number, based on your notification settings.

Orchard EdTech provides a platform for Trainees/Students to connect with Trainers for live classes and 1:1 meetings. All payments made by you to book a course/meeting session, after deducting fees, other charges, and reasonable taxes, will be paid to the Trainer after the course/meeting session is completed.

We do not refund payments for course/meeting sessions that are not attended on time or cancelled within 24 hours of the scheduled meeting time. Orchard EdTech will not refund the tuition fee if the Trainer declines the reservation or if the selected Trainer is unable to attend the training/conference session or if Orchard EdTech cancels the scheduled conference session and no conference session is found.

Orchard EdTech may offer free demo classes to eligible Students/Trainees to attend at specified times and dates to introduce Orchard EdTech’s trainee/student learning methodology. All of these free demo classes are sponsored by Orchard EdTech for selected Trainees/Students (i.e. Orchard EdTech pays Trainers for such free demo classes).

Orchard EdTech will issue an automatically system-generated invoice to the Trainer with whom you have booked the lesson/meeting session for the payment you made on the Platform for the course/meeting session. The invoice includes all taxes, surcharges, and duties where applicable.

You can access and download your invoices from the platform. You may also receive an email notification with an invoice. You must confirm the completion of the course/meeting session with your Trainer by clicking the Close Session link to formally close the session.

Sessions can be completed within 3 business days after the face-to-face/online session with the instructor. If the content is not appropriate or does not meet the needs of the lesson/meeting agenda, the Trainer may object to her session or services offered by the course/meeting.

Student/Trainee has the right to object to the services provided by the Trainer within 3 working days after the end of the meeting/online session. Before starting a dispute, you will be asked to discuss your concerns and expectations with your trainer. For more information on disputes and arbitration, please see the Disputes and Arbitration section.

You understand, acknowledge, and agree that you are not prompted by any statement or representation made by any person regarding the quality and condition of Orchard EdTech’s website, applications, services, or products.

You also agree to perform the required analysis, research, and inspection before subscribing or purchasing any products or services from Orchard EdTech and rely only on such analytical data. Some services, including answering questions, mentoring, and providing information on specific exams or topics (“Special Services”), are subject to separate terms of use and fair use policies.

We reserve the right to set the terms of such special services according to your needs. We also reserve the right, in our sole discretion, to update, cancel, discontinue, early withdraw, or modify our Services. A subscription to any product, service, or account registration does not entitle you to access these special services.

• Cancellation and Refunds

If you wish to cancel your purchase of a confirmed course or reunion slot on any website, service, or application, you may do so at least 24 hours prior to the scheduled time of your class or meeting session. In the event of such cancellation, any payments made for the purchase will be refunded in the form of Orchard EdTech wallet credits.

You may not cancel a confirmed course or reunion slot purchase more than 24 hours prior to the scheduled time of your class or conference session on any website, service, or application. No refunds will be issued for failure to attend a scheduled class/conference session on time. Our cancellation and refund policy is subject to financial or other fee terms that may apply to the purchase of courses/lessons/other products as described by the payment processor.

Applicable refunds to you will be made only through Orchard EdTech wallet credits, less any financial or other fees. If you cancel your purchase of a confirmed course or alumni slot on the Website or Application, we will refund any fees/costs you have paid for the course or alumni slot or product. Purchasing courses/sessions or products.

• Taxes:

Where applicable, Orchard EdTech may impose taxes such as withholding tax (TDS), value-added tax (VAT), and goods and services tax (GST) on payment transactions made on the Orchard EdTech platform for events such as course purchases. We may also collect taxes. , online conference/session purchases, product or material purchases, etc. You understand and acknowledge the relevant government agency, department, or agency in which you are a resident of his Orchard EdTech or where Orchard EdTech business is located (“Tax Authority”). You may be required to impose taxes on the amounts related to the transaction with the relevant tax authorities based on Applicable laws in jurisdictions that may vary, but required taxes will be charged and remitted according to the applicable jurisdiction.

• Safety:

You are solely responsible for protecting and maintaining the confidentiality of your username, password, and other account access credentials such as access codes. You agree to notify us if you suspect or become aware of any unauthorized use of your account or account password. You further agree not to use the Account or log in with the username and password of another User of the Site.

You also agree that you will not share your credentials with other users. You agree that you will not post, transmit or make available any material, User Content, that contains viruses, Trojan horses, worms, spyware, malware, ransomware, adware, time bombs, cancelbots, or other software code, files, or such other programs that may harm the Orchard EdTech Platform, Services, Service Offerings, Products, interests or rights of other users or limit the functionality of Orchard EdTech Platform including software, hardware or network communications, or that may harvest or collect any data or personal information about other Users without their permissions.

You agree that your use of Orchard EdTech Platform, Services, Service Offerings, and Products in any manner will not make a fault, down, damage, disable, overload, or impair Orchard EdTech`s servers or web services or the networks connected with Orchard EdTech Platform. You agree that you will not disrupt or interfere with the security of Orchard EdTech Platform or data or otherwise cause harm to Orchard EdTech infrastructure, materials, collective content, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks, databases, etc.

You agree not to engage in destructive attacks such as denial of service attacks against the Orchard EdTech platform. You may use any manual or automated software, device, script, or method to access, scrape, crawl, or otherwise access the Orchard EdTech Website and/or User Content or other copied or downloaded content. You agree not to use software robots or other means or processes. Bypass any Services contained as full or partial content on the Platform, or any navigational structure or increase artificial traffic to any website, application, or Service.

• Privacy policy

Some sections of the Orchard EdTech Platforms, Sites, Applications, Services, or Products are interactive and are not subject to editorial control prior to the publication of content. Users are advised to exercise caution before posting content to such sections. We are not responsible for the content communicated in such sections. In order to provide our services to you, we collect some of your personal information.

Your consent process, data collected, use of data collected, access to personal data, use of cookies, third-party involvement, third-party content and links on the platform, warnings and notices, security policy, and data breach there. Information about events, log information, cross-border data exchange, data retention periods, access rights, erasure rights, and data protection complaints officers for privacy policies.

Please review this policy. This policy may change from time to time. You must confirm and consent to the processing of your personal data according to our Privacy Policy. 

• Code of conduct

To keep her Orchard EdTech platform safe and secure for everyone and to improve the user experience on the platform, The general code of conduct for users is as follows:

1. Make sure you are accessing and using the website or application from a quiet location.
2. Prepare necessary materials, pens, pencils, notebooks, and other materials needed for the lesson.
3. Make sure the webcam is in front of a neutral or virtual/blurred background. If such areas or backgrounds are not available, online learning activities should use audio only.
4. Use a microphone to avoid echoing your voice and test it beforehand
5. Make sure you have a good and stable internet connection
6. Access the virtual classroom or conference room 2 minutes before his time to be on time for all classes and events.
7. Act professionally as if you were in a classroom. Do not lie down. Do not eat or drink during class.
8. Use the ‘raise hand’ feature to pause and ask questions and avoid duplicating others while speaking
9. Use the mute feature unless you need to speak or interact
10. Participate physically and mentally in online classes
11. Please wear appropriate attire during classes/sessions at all times and be aware that this is a public platform.
12. Your spoken words and text messages, including all background conversations, should always be professional, courteous, and courteous
13. Don’t be sarcastic or rude.
14. When sharing your screen during class, be aware of any personal information that may be on your computer desktop or device. Before sharing your screen in a video call, you should remove unused or inappropriate material from your computer desktop.
15. Content submitted to the Platform must be topic-related. Also, avoid off-topic messages that may confuse or upset others.
16. Do not make comments of a personal nature during class.
17. Follow Intellectual Property (IP) and Copyright Laws and Refrain from Submitting User Content that Infringes Copyright/IP Rights..
18. Do not send or speak offensive or abusive messages or content (such as comments about spelling mistakes).
19. Do not post advertising messages, political and religious messages, false information, or messages that may constitute an invasion of privacy (egg, post someone else’s phone number without their permission).

Some actions may lead to serious violations of the User Code of Conduct and may result in expulsion from the course or meeting session, suspension, termination, or even legal action against the user concerned. There is a possibility. They are:

1. Use offensive or disrespectful language when speaking to Trainers or other users on the Platform;
2. Inappropriate attire or partial or complete undressing during class.
3. Usage of sign language, generally abusive words, or offensive hand gestures.
4. The use of derogatory or abusive language, or comments about the race, caste, gender, religion, or intellectual prowess of other students or instructors;
5. Attempts to initiate, encourage, or facilitate sexual connections with other users either online or offline, including mental or physical abuse
6. Engage in interactions on the platforms while under the influence of alcohol, drugs, cigarettes, or other intoxicants.
7. Publishing statements or messages that incite hate, violence, or discrimination

Sharing personal information, identity information, profile information, or images of other students on open platforms;

1. Sharing explicit, inappropriate, or disruptive content in any format on the platforms.
2. Sharing personal details, profile information, identity information, or images of other students on a public platform.
3. Downloading, storing, copying, photocopying, and screenshots of Orchard EdTech content and other Content from a platform other than any assigned work.
4. Any violent display of you or by other members including your Trainees or your family members, in the background and/ or on screen.

• COPYRIGHT, APPLICATION LICENSE, CONTENT LICENSE

The Orchard EdTech Platform includes, but is not limited to, proprietary information, software, content, materials, trademarks, text, software, drawings, illustrations, documents, spreadsheets, photographs, videos, graphics, music, sounds, programs, etc. It contains other information that is not Protected Information”). This proprietary information is the exclusive property of Orchard EdTech.

Orchard EdTech is the exclusive owner of these materials, trademarks, and other information. Orchard EdTech may from time to time obtain access to, licenses to, or partnerships with, new content, materials, information, and other application services from other third parties. In such cases, Orchard EdTech may, in its sole discretion, add, update or remove content on the Platform. Such content is reproduced with the prior consent of the third party. All rights in such content belong to such third parties.

You shall not reverse engineer, decompile, disassemble the contents of the Orchard EdTech Platform, Site, Service Offerings, Products, and copy, download, screenshot, screencast, reproduce, modify, publish, republish, upload, post, distribute, transmit, display, perform, print, sell, license, create derivative work, adapt, use for commercial or public purposes either as a part or full, use any information or software obtained from the Orchard EdTech Platform, Site, Service Offerings, Products.

The copyrights of the Orchard EdTech Platform website, software, and application are owned by or licensed to Orchard EdTech, its associates, and other respective software owners. Any use of this Orchard EdTech Platform, Products or Service Offerings, or its contents, other than for your own personal, non-commercial use is prohibited without our permission.

When using Orchard EdTech Platforms, and if you submit any information, document, material, or content on Orchard EdTech Platform, ensure that it is not copyrighted or not owned by others. You are solely responsible for any damages resulting from any infringement of trademarks, service marks, copyrights, proprietary rights, or any other harm resulting from such submissions.

By submitting content or material to the Orchard EdTech platform, you acknowledge that you have the license or termination from the owner of the content or material and that you will receive royalty-free, permanent, irrevocable, non-exclusive worldwide rights. And warrants that it is authorized to grant the license.

Orchard EdTech may use, reproduce, modify, adapt, publish, translate, and distribute this material, in whole or in part, worldwide, and/or in any form, media, or use technology to incorporate the content or materials into other works. any copyrights that may exist in such material; If you close your account or we terminate your account, any content you submit to her

Orchard EdTech platform will remain available and may be accessed by other users as needed for your business. We are under no obligation to do so; platform, otherwise legally obligated to do so.

• USER CONTENT RIGHTS & FEEDBACK

You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of, or in connection with your User Content. Orchard EdTech is not legally responsible for any User Content including the opinions, feedback, or comments posted, or the content made available on the Site or Site Services by any Users or third parties, even if that information is defamatory or otherwise legally actionable.

Any comments, opinions, feedback, or User Content posted by other Users are the views of the respective users and Orchard EdTech has no relation to or is legally responsible for such opinions, comments, or feedback.

To protect the integrity of the system and protect Users from abuse, Orchard EdTech reserves the right (but is under no obligation) to remove posted User Content or information that, in Orchard EdTechs sole judgment, violates the Terms of Service or negatively affects our Platform Site or Site Services, diminishes the integrity of the system or otherwise is inconsistent with the business interests of Orchard EdTech.

You acknowledge and agree that you will notify Orchard EdTech of any error or inaccurate statement in your User Content and that until you do so, Orchard EdTech may construe that such information is accurate.

Any feedback you provide on the Orchard EdTech Platform will be considered non-confidential and you and your website or application are free to use this information. Orchard EdTech does not assume any obligation of confidentiality with respect to user feedback. We may also be working on or considering similar feedback. Unless otherwise specified, under no circumstances is Orchard EdTech obligated to compensate or refund for the feedback provided.

• PUBLIC SPACES SUBMISSION

Orchard EdTech consists of employees, contractors, trainers, partners, affiliates, associates, individual contractors, Trainees, and other community users (“Users/ users”). Most of the features available in Orchard EdTech Platform or Service offerings allow connecting these users and communicating in public or as groups called (“Public Spaces”).

When you submit any content, document, information, or other materials to Orchard EdTech Platform ensure that the content is original, or you have ownership rights or permission to submit; the content is truthful, valid, appropriate, and complies with Orchard EdTech Terms of use content policy; the content does not contain any personal or sensitive information. You agree that if you submit any personal information on the Orchard EdTech Platform that can be read, collected, or used by other Users. You acknowledge that you are solely responsible for the outcomes of submitting any personal or sensitive information in public spaces.

• TERMINATION:

This Terms/ Agreement shall be effective until the time you access & use the Site or Site Services, use the Site, or Services or content, or until the termination is invoked by either one or both the parties. The parties agree that either party may opt to terminate this agreement by writing to the other party. You agree that the notice of termination is considered effective from the date that the party receives the written notice, and that verbal notice is not sufficient to terminate these Terms.

Orchard EdTech may immediately, without notice terminate these Terms if you have materially breached our Terms of use or our Policies or copyrights or brand guidelines; you have breached our “Code of Conduct” policy provisions in this Terms; you have provided inaccurate, fraudulent, outdated, or incomplete information during the account registration, or thereafter; you have violated applicable laws, regulations, or third-party rights, or

Orchard EdTech believes in good faith that such action is reasonably necessary to protect the safety or property of other Users, Orchard EdTech or third parties, for fraud prevention, risk assessment, security, or investigation purposes. Upon termination of the user accounts, all access to the Site or Site Services will be revoked.

We are under no obligation to return or provide any Content or User Content that you create or submit in any form to the Site. We may suspend any scheduled classes, events, or sessions on your account. Subject to our cancellation policy, we may refund all or part of the amount paid for a course or class. We provide exceptional and case-by-case support, alternative courses, and meeting/training sessions.

In the event of a non-material breach, Orchard EdTech will, as the case may be, provide Customers with notice and a timetable of actions taken, and an opportunity to resolve the matter to reasonable satisfaction. Upon termination of these Terms, Orchard EdTech may remove or postpone reviews, feedback, or User Content, or cancel course or reunion schedules as determined by Orchard EdTech.

• GENERAL DISCLAIMER

Orchard EdTech Website, Applications, Services, Products, and Collective Content are provided on an “AS IS” basis without any warranty of any kind. We hereby disclaim all warranties and conditions about the Orchard EdTech Platform, Products, Services, Service Offerings, and Collective Content, including without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, accuracy, timeliness, performance, completeness, suitability, and non-infringement.

Even though we took significant efforts to offer the most current, correct, and clearly explained information to the maximum possible, errors may occur not on purpose. Orchard EdTech disclaims any responsibility for any errors and accuracy of the information available on the Site, Application, Services, and Collective Content. We welcome inputs and suggestions for any corrections to be made and Orchard EdTech reserves the right to update or modify the content based on inputs and suggestions only after a thorough review and evaluation.

The Orchard EdTech Content and learning materials are developed on the concepts of the structured curriculum syllabus prescribed for the student’s grade level. The use of Orchard EdTech Services, Products, and Content is not an endorsement or substitution for the curriculum-based education provided by regular educational institutions. However, we intend to present the same concepts in an easy manner understandable to students and excel in their academic education.

We disclaim that Orchard EdTech Platform, Site, Application, Services, Products, and Content are compatible with specific devices, and hardware. We shall not be obligated to provide our Site, Application, Services, Products, or Content to be made compatible with other non-compatible devices or hardware.

You understand and acknowledge that accessing and using Orchard EdTech Platform, Services, Products, and Content is dependent upon external factors like Internet Service Providers, Internet Network Availability, etc. and Orchard EdTech is not responsible for the availability of the service to you all the time.

Orchard EdTech reserves the right to modify, suspend, discontinue, or remove any features, functionalities, products, services, and the prices of the products on the Site, Application as it is deemed to fit at any time without notice. Any changes to the features will be updated in our blogs.

Orchard EdTech Platform may include uniform resource locator links (“links”) or references to other websites or services solely as a convenience to users (“Reference Sites”). Orchard EdTech does not endorse any of such reference websites or links, or the information, content, materials, services, or products contained on or accessible through such reference sites unless specified. Additionally, Orchard EdTech shall not be liable for any damages arising out of or in connection with the use or performance of this Site, the Application or the Services or the Content or the Reference Sites.

Your use of any information or materials on this Site, or Application or Site Services, or Products, or Collective Content, or Reference Sites is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that the website, application, services, and content are correct and valid. Please see our General Disclaimer incorporated with this Agreement, which can be found on the website at Disclaimer

• NON-CIRCUMVENTION

You agree that you will not circumvent the Orchard EdTech Platform for any associated fees, services, or other similar learning activities with the associated users. You agree that you will not offer or solicit the other Users identified through the Site to contract, hire, pay, or receive payment in any manner other than Orchard EdTech Platform. You also agree that you will not contact or communicate with other users outside of the site’s communication channels. Furthermore, you also agree that you will not share your contact details with other Users. You agree that you will not solicit the contact details of the other Users on the Platform.

• NON-DISCLOSURE

You understand that Orchard EdTech is providing the content, application, platform, process, methods, learning materials, and other information & collective content that may be relevant to the Site or Site Services required to fulfil the Terms and Agreement defined for this website, maintain compliance and other business needs.

You also understand and agree that all the information that the Orchard EdTech or the Trainer User provides through the Platform is Confidential Information unless it is explicitly specified. The confidential information includes any company-provided content, materials, trainer -provided content, partner-provided content, user content, collective content, software, application, web services, process flow, methods, learning materials of all types & formats, user information, user files, user lists, any business, marketing, financial or sales record, data, plan, survey and any other record or information relating to the present or future business, Product, or Service or Service Offerings of the Orchard EdTech.

You agree that you will not, directly, or indirectly, disclose to anyone outside of the Orchard EdTech any Confidential Information or use any Confidential Information. You agree that you are not liable for the disclosure of Confidential Information if made in response to a valid court order of a court or other authorized government agency, provided that at least 10 (ten) business days’ notice first be given to Orchard EdTech.

• LIMITATION OF LIABILITY

Notwithstanding anything to the contrary herein, the parties agree that neither party will be responsible to the other for any incidental, consequential, or punitive damages. Orchard EdTech’s sole liability, if any, to the Orchard EdTech Platform Software User shall not exceed a dollar amount equal to the total fees paid by the Orchard EdTech Platform Software User.

• INDEMNIFICATION

You agree to release, defend, indemnify, and hold Orchard EdTech, its partners, affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Orchard EdTech Platform, or Site, or Site Services, or Content, or our Products; your violation of these Terms including but is not limited to your submitted User Content and your interaction with any Users.

• NON-DISPARAGEMENT

You agree that you will not disparage or comment negatively about Orchard EdTech, including its associates, affiliates, officers, management, current or former employees, and/or customer users. If you have any issues, grievances, suggestions, or feedback, please contact the OIT Classes grievances officer as specified in the NOTICES & CUSTOMER CARE section

• DISPUTES AND ARBITRATION

If there are any issues or disputes with the class/ meeting sessions or other service provided to you by the Trainer (referred to as “Service”, or “Services”), then you may dispute the Service within 3 business days from the date of receiving the Service. Only services are eligible for a dispute (i.e., for which you did not give your consent that the service is complete). All disputes between the Trainers and Student/Trainee will be handled by Orchard EdTech.

The Orchard EdTech’s determination and resolution are final and binding. Orchard EdTech will promptly investigate and determine whether an adjustment to you as a refund through Wallet credit is required or not. You acknowledge and agree that you irrevocably assign the right to Orchard EdTech for any payment made to the Trainer after the dispute is resolved by Orchard EdTech. Orchard EdTech or its affiliates may, at its sole discretion, withhold or delay any payment in the event of a dispute with the Trainer.

Orchard EdTech reserves the right to reverse, remove, or publish any feedback & ratings whether or not it is related to the dispute. Upon dispute resolution the payment adjustment, if any is required, will be adjusted immediately to your wallet as per the resolution. All the dispute processes will be handled through a Dispute Communication System of Orchard EdTech.

The Disputes team will review the information that pertains to the dispute including but not limited to the Meeting agenda, communications between the student/trainee and the Trainer, files and documents exchanged between the student/trainee and the Trainer, and the video recording of the class or meeting session. After a thorough review, the Disputes team will award a mutual, binding resolution based on the results of the review.

If you and Orchard EdTech cannot amicably resolve a dispute or damage claim resulting from these Terms, you and Orchard EdTech agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in India.

If you and Orchard EdTech cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the State in India shall apply to the arbitration proceedings.

The parties agree that the arbitrator cannot award punitive damages to either party and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

• NO OTHER RELATIONSHIP OR LEGAL INTEREST

You agree that this Term does not create any other relationship or legal interest including but not limited to the employee, agency, partnership, joint venture, franchise arrangements, or relationship between you and Orchard EdTech, except as specified by this Agreement for providing a learning platform and related services to you.

• NO OTHER AGREEMENTS OR REPRESENTATIONS

You agree that these Terms along with privacy policies, other policies, guidelines, notices, disclaimer, and Trainer agreement (for Trainer users) completely express mutual intent, and it supersedes any other terms, agreement, or representation, oral or written, between you and Orchard EdTech unless otherwise explicitly specified.

• NOTICES & CUSTOMER CARE

All notices served by Orchard EdTech shall be provided via email to your registered account email address or as a general notification on the Orchard EdTech Platform. Any notice to be provided to the Orchard EdTech should be sent to contact@oitclasses.com. In case of any customer care, or support-related issues or if you face any issues or would like to share your experiences, feedback, or suggestions for improvements, please contact us at support@oitclasses.com.

If you have questions regarding these Terms or our compliances or to contact the grievance officer, please contact us by mail at:

Orchard EdTech – India

1354, Ground Floor,11th Street,

I Block, 18th Main Road,

Vallalar Kudiyiruppu, Anna Nagar West,

Chennai,Tamil Nadu 600040.

• FORCE MAJEURE

You agree that Orchard EdTech or its affiliates, partners, or instructor-users shall not be liable for any failure or delay in performance for a reasonable period of time due to events such as work disturbance, not limited to, accidents, fires, floods, severe weather, telecommunications or internet outages, strikes, wars, riots, insurrection, blockades, pandemics, governmental actions, governmental requirements and regulations or restrictions imposed by law or Orchard EdTech’s reasonable Other terms beyond our control or their affiliates, partners, trainer-users.

•  GOVERNING LAW AND JURISDICTION

The parties agree that the laws of the State of New Jersey govern any conflict regarding the Agreement

• NO WAIVER OR INVALIDITY OF PROVISION

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms are still valid, remain in full force and effect. The failure of Orchard EdTech to enforce any right or claim any breach of any provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

• EFFECT ON OTHER PARTIES

You may not assign or transfer these Terms without Orchard EdTech’s prior written consent. Any attempt by you to assign or transfer these Terms will be null and of no effect. Orchard EdTech may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these terms will bind to the assignments and successors of Orchard EdTech.

HEADINGS

You understand and agree that the headings in these Terms are included only as a matter of convenience and in no way define, limit, or extend the scope of these Terms or any of its provisions.

By clicking “Accept” on a website or application when prompted, or by accessing and using the website or application, you agree to the terms and conditions of that website.

This document was last updated on April 18, 2023.