TERMS OF SERVICE

This Terms of Service (“ToS”) pertains to the usage of ILMEAZY web and mobile application, and the services provided by it. Please read these terms carefully prior to accessing or using the services of ILMEAZY. Accessing ILMEAZY requires accepting this ToS by clicking the “Accept” button. By clicking the Accept button, a legally valid contract is executed between you and ILMEAZY. If you do not agree to any of the terms mentioned below, please refrain from using ILMEAZY or its services. If you are below 18 years of age, please request your parent/guardian to accept this ToS.

Introduction

1. ILMEAZY is a web and mobile based educational platform providing educational services mainly on Muslim Religious Teachings, Language Tutorials and Doubt Clearing Sessions.
2. The domain name www.ilmeazy.com and the mobile application ILMEAZY is owned by Manshar Edtech Private Limited, having its registered office Carnival Infopark, Phase I, Kusumagiri P.O Kakkanad Kerala 682 030 India, and any reference of “ILMEAZY”, “Website”, “Application”, “Site”, “We”, Us”, or “Our” shall mean and refer to www.ilmeazy.com, the application ILMEAZY and Manshar Edtech Private Limited, its management, employees, agents and permitted assigns. The terms “You”, “User”, shall mean any student accessing and availing the services of and shall include the parent/guardian who pays for the services. Since majority of the students who avails services from us are under the age of 18, the parent/ guardian hereby agrees to be bound by these terms of usage for all purposes.
3. All the terms, conditions, privacy policy and other policies in this website and mobile  application shall form part of the Terms of Usage which shall be a legally binding contract between ILMEAZY and you, and you shall be bound by it unless expressly excluded. By accessing ILMEAZY and availing its services, you unconditionally acknowledge and subject yourself to these Terms of Service. You further understand and acknowledge that We may modify this ToS periodically and that it is your duty and responsibility to check for any updates and modifications periodically. You may not avail the services provided by ILMEAZY if you don’t accept any of these terms and conditions enumerated herein.

Our Services

1. ILMEAZY provides online tutorial mainly on Muslim religious teachings, languages and allied services. Through ILMEAZY, you can connect to a qualified online tutor and provides you with one-on-one or group tutoring sessions at the comfort of your home for such durations on the topic(s) of your choice, depending on the package you chose. The services are broadly classified into 4.
   1. ILMEAZY Live Academy (Live Sessions) - Religious Teachings (Madrassa Curriculum): the syllabus shall be based on the age/level of the student. Live tutorial sessions shall be conducted based on your package selected – one to one or group sessions. Once you chose your package, you shall be assigned a tutor/tutors based on your age/level.
   2. ILMEAZY Series Learning (Recorded sessions): of religious teachings  on various topics shall also be available, however this shall not be considered as a substitute to the Madrassa Curriculum.
   3. Language Hub (Language Studies): live and recorded tutorial sessions shall be conducted in various languages including Arabic. Once you chose your package, you shall be assigned a tutor/tutors based on your choice of subject(s).
   4. Consult Mufti: in this service, you can ask question and queries regarding religious teachings, interpretations etc., to a Mufti who is available online and get your clarifications through voice/video calls and chats.
   5. Our tutors are selected based on their educational credentials and experience and we screen our tutors regarding their qualifications and background. However, the actions of the tutors are beyond our control and we shall not be responsible for any actions of the tutors or the validity of verifications.
   6. Classes for Religious teachings and Language shall be live and interactive. We have integrated Zoom to our platform to bring you live and interactive classes and you just need to click on the provided link to access the same. You may access the class link after logging into your account using the credentials provided. You are responsible for checking the class schedule and ensuring that you are able to attend the classes you have registered for. You are expected to be on time and present for the entire class. If you are more than 5 minutes late, you may not be allowed to join the class. You may request for a reschedule however, such reschedules shall be provided on the discretion of ILMEAZY and in case of inability, we may provide you with the recording of the missed session in case of group sessions. No classes shall be rescheduled in the event you leave or is absent without notice. No refunds shall be entertained for missed classes. The classes shall be rescheduled in the event of an issue from our end including but not limited to absenteeism of tutor. Students should ensure that they have a reliable internet connection and the necessary equipment to participate in the class. The Classes may be recorded by ILMEAZY for monitoring and quality purposes. You hereby grant us permission for recording the sessions.
   7. Tutor replacement: If you are not comfortable with your tutor, you can request a change of tutor by notifying us. We shall endeavor to provide you with an alternative tutor within 48 hours of us receiving such request from you if our internal investigation proves your request to be justified. Tutors may be replaced if they:
      1. Fail to meet the qualifications and standards set by ILMEAZY.
      2. Fail to maintain a high level of performance as evaluated by students and management.
      3. Fail to adhere to ILMEAZY policies and procedures.
      4. Are consistently late or absent for scheduled sessions.
      5. Display unprofessional behavior or attitude.

Payment

1. The pricing of each service-course wise is provided in the link here[BnB1] . For all services except “Mufti Talk”, you can make the payment directly on the website as per the package you chose. For “Mufti Talk” service, it is mandatory that you have to make payment through the ILMEAZY Wallet provided specifically for the purpose. You may load the wallet with such amounts of your choice. The per minute charges for the call to Mufti is also shown in the pricing link[BnB2] . It is also mandatory that you have a minimum balance for a 5 minute call in your Wallet for utilising the “Mufti Talk” feature.
2. We reserve the right to modify the pricing any time and if you are a subscriber, we shall notify you of such changes. However, if you have already paid for a particular Service for a period, the pricing shall not be affected for the particular Service till the expiry of the period.
3. The payments shall be made through approved payment gateway through credit card, debit card, internet banking or other authorised payment methods. You shall be presumed to have completed the age of majority for making the payments.
4. We use the services of third party payment aggregators for enabling online payments. By using their services, you hereby agree to be bound by their terms and conditions. We are not involved in any transaction as all transaction happen from your bank/card issuer through the payment aggregator and in case of any payment transaction issues, we request you to contact your bank/ card issuer directly.
5. The pricing mentioned herein shall be exclusive of any taxes and you shall be liable to pay such taxes additional as per the relevant taxation laws.

Contents Ownership

1.  
   1. All contents including audio, video, presentation, writings, literature, study materials, diagrams etc., are part of the services and shall remain under the ownership of Manshar Edtech Pvt Ltd. When you use our services, you unconditionally agree that any recordings of your session including your own images, video or audio may be used by us for our promotional and other business purposes and you hereby grant your unconditional consent for the same.

1. You agree that you shall not use or share any contents of our website including recordings of your class sessions, videos, call recordings etc. for any other purposes other than for your own revision. Any violation may amount to copyright violation and you shall be liable for damages and cost.

Your Obligations 

1.  
   1. To use our services, you should register with us and obtain a user name and password. The username and password are unique to you. You are not supposed to share your username or password with any other individual or person(s). You alone shall be responsible for any misuse in case you share your username and password. You must notify us immediately in case you suspect your account password has been hacked or misused by another person.
   2. Please refer to section 3 regarding payments. We reserve the right to stop our services if we do not receive payments from you within the stipulated time frame.
   3. We assume that all information provided by you during registration is authentic and correct. We may suspend or terminate the services without any refund if we find out that you had provided incorrect information.
   4. You hereby agree that you would use our services only for lawful purposes.
   5. You shall treat your tutor with respect. Offensive, racist, sexist, vulgar, anti-national and other inappropriate comments shall not be allowed during tutoring sessions. Any form of nudity, sexually inappropriate gestures, vulgarity verbal abuse etc. shall not be tolerated during sessions.
   6. You shall not upload, hyperlink or transfer in any form any disparaging, sexual, religious, racist, economic contents or comments in the tutor sessions.
   7. You may not share your personal information i.e, address, contact number, parents name etc. with your tutor and should not attempt to collect your tutor’s personal details. This is strictly against the terms and conditions of using this service and we shall not be liable for any consequences if you fail to adhere to this.
   8. You shall not attempt to copy, reverse engineer any codes, functionalities, designs etc of ILMEAZY nor shall you introduce any malicious codes or viruses into our system. You shall not: access, tamper with, penetrate or use – our servers, computers, (including those of our 3rd party service providers), or other parts of the Website application/ software which do not form part of the Service; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; interfere with, or disrupt, (or attempt to do so), the access of any other user or other Registered Users, including, without limitation, sending a virus, malicious code, overloading, flooding, spamming the services, or by scripting the creation of any transmitted content in such a manner as to interfere with or create an undue burden on the services provided by ILMEAZY; transfer your account to third parties.
   9. You shall not or facilitate any third party to upload through the ILMEAZY:
      1. any contents or materials containing profanity;
      2. any contents or materials which are false, inaccurate or misleading;
      3. any material containing viruses or other malicious /harmful codes currently known or futuristic, or any other disruptive or harmful components;
      4. contents that contain cyber bullying, spams, junk or other related material;
      5. any false, defamatory, inaccurate, libellous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, pornographic, child pornographic, harmful to minors, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities and/or objectionable materials and contents;
      6. any contents or material which may infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights unless you obtain rights therein;
      7. contents that violates or infringes the privacy or publicity or other rights of any party;
      8. materials or contents that violates copyright, trademark, or other intellectual property rights;
      9. contents that contain advertisement, solicitations, links to illegal activities including but not limited to money laundering, gambling etc;
      10. contents or materials that hurts the religious sentiments or instigate hatred between communities, castes, people following different religious beliefs or any material which threatens the unity, security, defence, integrity or Sovereignty of India; threatens 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 any foreign States;
      11. any content or material which violate any law or statute; or which violates consumer protection, engages in unfair competition, anti-discrimination or false advertising etc;
      12. contents that are patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person
      13. any content or material which could be harmful or potentially harmful to our server structure as determined at our sole discretion, including without limitation overloading our technical infrastructure.
   10. Any breach of this clause (Clause 5) may lead to cancellation of the services and the fees paid shall be forfeited and no claims for refund shall be entertained. Parents or Guardians who pay for the service please note that the term “You” includes Parents, Guardians /or any individual who paid for the services and shall be responsible and liable for all act of their child/ward.

Indemnification and Limitations of liability

1.  
   1. You hereby agree to indemnify, defend, and hold Manshar Edtech Private Limited and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to the use of the services and for violation of any of the provisions of this Agreement.
   2. To the maximum extent permitted by applicable law, ILMEAZY shall not be liable for any indirect, incidental, special or consequential loss, damage, cost or expenses of any kind, whatever and however caused whether arising under contract, tort (including negligence) or otherwise, or for any loss of production, loss of or corruption of data, loss of profit or of contracts, loss of operation time or loss of goodwill or anticipated savings, even if we have  been advised of their possibility.
   3. Our total aggregate liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this service or based on any claim for indemnity or contribution shall not exceed the greater of the sum of the fees paid by you within 4 months from the date of such occurrence which gave rise to the liability.

Warranty and Disclaimer

1. Success of tutor sessions depends on joint effort of both the tutor the student. Though we endeavour to provide the best services with qualified tutors, we cannot by any means guarantee higher grades or any form of success, as it, to a great extent depends on the co-operation and hard work of the student.
2. The views of the Mufti are based on his own interpretations on the religious texts and teachings and are not necessarily the views of ILMEAZY. We shall not be liable for any responses or interpretations provided by the Mufti.
3. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ILMEAZY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, AND YOU HEREBY EXPRESSLY WAIVES AND DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD TITLE, SATISFACTORY QUALITY, ARISING FROM USAGE OR OTHERWISE.
4. We would endeavour to bring you uninterrupted services and ensure maximum uptime of our servers, however, we shall not be responsible for any downtime of the servers beyond our control. We shall not be responsible for any internet or access connection failures, corrupted software, hardware issues etc. We shall not be responsible for disruption in services caused due to issues from your end including but not limited to absence/failure of proper hardware/ software, internet disruption, power failure inconsistent internet speed, computer virus, corrupted software, hardware issues etc.
5. We shall strive to notify you at least 24 hours before the commencing of a session regarding any possible delay or rescheduling including due to personal inconvenience of your tutor, however you understand and acknowledge that this might not be possible at all times, especially in case of an emergency. If you miss any sessions due to the above reasons, we shall reschedule the same based on the mutual convenience of you and your tutor. We would be storing your personal information such as phone numbers, address and other personally identifiable information to help serve you better and to keep you updated. Kindly refer to our Privacy Policy [BnB3] for more information.

Force Majeure

1. We shall not be responsible if we are unable to provide you of any or all of the services due to the occurring of a force majeure event, including but not limited to fire, flood, earthquake, act of terrorism, war, strikes, prohibition of such service by the law of the land etc.

Termination

The Services shall be terminated as per below:

1. Failure of payment of required fees within the stipulated time may lead to termination.
2. Breach of any of the terms of this ToS may lead to termination.
3. If you want to discontinue the Services, you may notify us and the termination shall be effected within 3 days provided no payment is pending from your side. Refund, if any, may be made subject to deduction of  30%.
4. If the Service is terminated by us for any reasons not attributed to your breach of these terms, we shall provide refund subject to deduction of 30%.

Jurisdiction

1. By availing this service, you hereby expressly and unconditionally submit yourself to the laws of India in relation to any disputes in this regard. Only the courts of Ernakulam, Kerala State, India shall have the jurisdiction with respect to disputes, if any.