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Terms & Conditions

Terms & Conditions

Terms and Conditions

Terms and Conditions

Terms of Use

Effective June 5, 2018.

Jylek’s mission is to improve skills. We enable anyone anywhere to create and share educational courses and to enroll in these educational courses to learn. These Terms apply to all your activities on the Jylek website (“Services”).

If you publish a course on the Jylek platform, you must also agree to the Instructor Agreement. We also provide details regarding our processing of personal data of our students and instructors in our Privacy Policy.

You agree to resolve disputes with Jylek through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.

Table of Contents

1. Accounts

2. Course Enrollment

3. Payments, Credits, and Refunds

4. Content and Behaviour Rules

5. Jylek’s Rights to Content You Post

6. Using Jylek at Your Own Risk

7. Jylek’s Rights

8. Miscellaneous Legal Terms

9. Dispute Resolution

10. Updating These Terms

11. Contact Us

1. Accounts

You need an account for most activities on our platform, including to purchase and enroll in a course or to submit a course for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.

If you share your account login credential with someone else, you are responsible for what happens with your account and Jylek will not intervene in disputes between students or instructors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.

Students and instructors must be at least 18 years of age to create an account on Jylek and use the Services. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services (for example, 13 in the US), we will terminate your account. Under our Instructor Agreement, you may be requested to verify your identity before you are authorized to submit a course for publication on Jylek.

You can terminate your account at any time by following the steps here. Check our Privacy Policy to see what happens when you terminate your account.

2. Course Enrollment

Under our Instructor Agreement, when instructors publish a course on Jylek, they grant Jylek a license to offer a license to the course to students. This means that we have the right to sublicense the course to the students who enroll in the course. As a student, when you enroll in a course, whether it’s a free or paid course, you are getting from Jylek a license to view the course via the Jylek platform and Services, and Jylek is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).

In legal, more complete terms, Jylek grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Jylek authorized representative. This also applies to content you can access via any of our APIs.

We reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our Trust & Safety Guidelines.

Instructors may not grant licenses to their courses to student directly and any such direct license shall be null and void and a violation of these Terms.

3. Payments, Credits

When you make a payment, you agree to use a valid payment method.

3.1 Pricing

The prices of courses on Jylek are determined based on the terms of the Instructor Agreement and our Pricing and Promotions Policy. In some instances, the price of a course offered on the Jylek website may not be exactly the same as the price offered on our mobile applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.

We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to new users only.

If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable users to see pricing in other currencies.

If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. In certain countries, the price you see may include such taxes.

3.2 Payments

You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. Jylek works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.

In some cases, we may issue credits to your account. These credits will be automatically applied towards your next course purchase on our website but can’t be used for purchases in our mobile. Credits may expire if not used within the specified period and have no cash value.

4. Content and Behaviour Rules

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behaviour on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

If you are a student, the Services enable you to ask questions to the instructors of courses you are enrolled in, and to post reviews of courses. For certain courses, the instructor invites you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.

If you are an instructor, you can submit courses for publication on the platform and you can also communicate with the students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Instructor Agreement before you submit any course for publication on Jylek.

If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behaviour violates our Trust & Safety Guidelines, or if we believe your content or behaviour is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. Jylek complies with copyright laws. Check out our Intellectual Property Policy for more details.

Jylek has discretion in enforcing these Terms and our Trust & Safety Guidelines. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

If one of our instructors has published a course that infringes your copyright or trademark rights, please let us know. Under our Instructor Agreement, we require our instructors to follow the law and respect the intellectual property rights of others. For more details on how to file a copyright or trademark infringement claim with us, see our Intellectual Property Policy.

5. Jylek’s Rights to Content You Post

The content you post as a student or instructor (including courses) remains yours. By posting courses and other content, you allow Jylek to reuse and share it but you do not lose any ownership rights you may have over your content. If you are an instructor, be sure to understand the course licensing terms that are detailed in the Instructor Agreement.

When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Jylek to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Jylek for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

6. Using Jylek at Your Own Risk

Jylek enables anyone anywhere to create and share educational courses. Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the courses. If you enroll a course, you rely on any information provided by an instructor at your own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Jylek has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your enrollment in a course.

When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. We do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.

We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.

When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

7. Jylek’s Rights

All right, title, and interest in and to the Jylek platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of Jylek and its licensors. Our platforms and services are protected by copyright, trademark, and other laws. Nothing gives you a right to use the Jylek name or any of the Jylek trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Jylek or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the Jylek platform and Services:

access, tamper with, or use non-public areas of the platform, Jylek’s computer systems, or the technical delivery systems of Jylek’s service providers.
disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Jylek platform or Services.
access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Jylek); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

8. Miscellaneous Legal Terms

8.1 Binding Agreement

You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with Jylek. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

If you are an instructor accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Any version of these Term in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us (which include, if you are an instructor, the Instructor Agreement and the Pricing and Promotions Policy).

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

The following sections shall survive the expiration or termination of these Terms: Sections 2 (Course Enrollment and Lifetime Access), 5 (Jylek’s Rights to Content You Post), 6 (Using Jylek at Your Own Risk), 7 (Jylek’s Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).

8.2 Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Jylek or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

8.3 Limitation of Liability

There are risks inherent into using our Services, for example, if you enroll in a health and wellness course like cooking, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of two thousand INR (Rs 2000) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

8.4 Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Jylek, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

8.5 Governing Law and Jurisdiction

These Terms are governed by the laws of the India, without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of courts in Mumbai, India.

8.6 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to notices@Jylek.com).

8.7 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

8.8 No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

9. Dispute Resolution

Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.

9.1 Going to Arbitration

If we can’t resolve our dispute amicably, you and Jylek agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

9.2 The Arbitration Process

Any disputes that involve a claim of less than INR 100,000 must be resolved exclusively through binding non-appearance-based arbitration. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction.

9.3 No Class Actions

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

9.4 Changes

Notwithstanding the “Updating these Terms” section below, if Jylek changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Jylek written notice of such rejection by mail or hand delivery to: Jylek, Inc. Attn: Legal, 600 Harrison Street, 3rd Floor, San Francisco, CA 94107, or by email from the email address associated with your Account to: notices@Jylek.com, within 30 days of the date such change became effective, as indicated by the “last updated on” language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Jylek in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.

10. Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Jylek reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

11. Contact Us

The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.

Privacy Policy

Effective June 5, 2018

We at Jylek Enterprises LLP (“Jylek”, “we”, “us”) respect your privacy and want you to understand how we collect, use, and share data about you. This Privacy Policy covers our data collection practices and describes your rights to access, correct, or restrict our use of your personal data. This Privacy Policy applies when you visit or use the Jylek website Jylek.com or related services (the “Services”). By using the Services, you agree to the terms of this Privacy Policy. You shouldn’t use the Services if you don’t agree with this Privacy Policy or any other agreement that governs your use of the Services.

1.Data Collection

We collect certain data from you directly, like information you enter yourself and data about your participation in courses. We also collect some data automatically, like information about your device and what parts of our Services you interact with or spend time using.

1.1 Data You Provide to Us

We may collect different data from or about you depending on how you use the Services. Below are some examples to help you better understand the data we collect.

When you create an account and use the Services, including through a third-party platform, we collect any data you provide directly, including:

Account DataIn order to use certain features (like enrolling in a course), you need to create a user account. When you create or update your account, we collect and store the data you provide, like your email address, password, gender, and date of birth, and assign you a unique identifying number (“Account Data”).
Profile DataYou can also choose to provide profile information like a photo, headline, website link, social media profiles, or other data. Your Profile Data will be publicly viewable by others.
Shared ContentParts of the Services let you interact with other users or share content publicly, including by posting reviews on a course page, asking or answering questions, sending messages to students or instructors, or posting photos or other work you upload. Such shared content may be publicly viewable by others depending on where it is posted.
Course DataWhen you enroll in and take courses, we collect certain data including which courses, assignments and quizzes you’ve started and completed; your exchanges with instructors and other students; and essays, answers to questions, and other items submitted to satisfy course requirements.
Student Payment DataIf you make purchases, we collect certain data about your purchase (such as your name and zip/ PIN code) as necessary to process your order. You must provide certain payment and billing data directly to our payment processing partners, including your name, credit card information, billing address, and zip/ PIN code. For security, Jylek does not collect or store sensitive cardholder data, such as full credit card numbers or card authentication data.
Instructor Payment DataIf you are an instructor, you can link your PayPal or other payment account to the Services to receive payments. When you link a payment account, we collect and use certain information, including your payment account email address, account ID, physical address, or other data necessary for us to send payments to your account. For security, Jylek does not collect or store sensitive bank account information. The collection, use, and disclosure of your payment and billing data is subject to the privacy policy and other terms of your payment account provider.
Data About Your Accounts on Other Services

We may obtain certain information through your social media or other online accounts if they are connected to your Jylek account. If you login to Jylek via Facebook or another third-party platform or service, we ask for your permission to access certain information about that other account. For example, depending on the platform or service we may collect your name, profile picture, account ID number, login email address, location, physical location of your access devices, gender, birthday, and list of friends or contacts.

Those platforms and services make information available to us through their APIs. The information we receive depends on what information you (via your privacy settings) or the platform or service decide to give us.

If you access or use our Services through a third-party platform or service, or click on any third-party links, the collection, use, and sharing of your data will also be subject to the privacy policies and other agreements of that third party.

Communications and SupportIf you contact us for support or to report a problem or concern (regardless of whether you have created an account), we collect and store your contact information, messages, and other data about you like your name, email address, location, operating system, IP address, and any other data you provide or that we collect through automated means (which we cover below). We use this data to respond to you and research your question or concern, in accordance with this Privacy Policy.

The data listed above is stored by us and associated with your account.

System DataTechnical data about your computer or device, like your IP address, device type, operating system type and version, unique device identifiers, browser, browser language, domain and other systems data, and platform types (“System Data”).
Usage DataUsage statistics about your interactions with the Services, including courses accessed, time spent on pages or the Service, pages visited, features used, your search queries, click data, date and time, and other data regarding your use of the Services (“Usage Data”).
Approximate Geographic DataAn approximate geographic location, including information like country, city, and geographic coordinates, calculated based on your IP address.

1.2 Data We Collect through Automated Means

When you access the Services (including browsing courses), we collect certain data by automated means, including:

The data listed above is collected through the use of server log files and tracking technologies, as detailed in the “Cookies and Data Collection Tools” section below. It is stored by us and associated with your account.

2.How We Get Data About You

We use tools like cookies, web beacons, analytics services, and advertising providers to gather the data listed above. Some of these tools offer you the ability to opt out of data collection.

2.1 Cookies and Data Collection Tools

Jylek and service providers acting on our behalf (like Google Analytics and third party advertisers) use server log files and automated data collection tools like cookies, tags, scripts, customized links, device or browser fingerprints, and web beacons (together, “Data Collection Tools”) when you access and use the Services. These Data Collection Tools automatically track and collect certain System Data and Usage Data (as detailed in Section 1) when you use the Services. In some cases, we tie data gathered through those Data Collection Tools to other data that we collect as described in this Privacy Policy.

We use cookies (small files that websites send to your device to uniquely identify your browser or device or to store data in your browser) for things like analyzing your use of the Services, personalizing your experience, making it easier to log into the Services, and recognizing you when you return. We use web beacons (small objects that allow us to measure the actions of visitors and users using the Services) for things like identifying whether a page was visited, identifying whether an email was opened, and advertising more efficiently by excluding current users from certain promotional messages or identifying the source of a new mobile app download.

Jylek uses the following types of cookies:

  • Preferences: cookies that remember data about your browser and preferred settings that affect the appearance and behavior of the Services (like your preferred language).
  • Security: cookies used to enable you to log in and access the Services; protect against fraudulent logins; and help detect and prevent abuse or unauthorized use of your account.
  • Functional: cookies that store functional settings (like the volume level you set for video playback).
  • Session State: cookies that track your interactions with the Services to help us improve the Services and your browsing experience, remember your login details, and enable processing of your course purchases. These are strictly necessary for the Services to work properly, so if you disable them then certain functionalities will break or be unavailable.

You can set your web browser to alert you about attempts to place cookies on your computer, limit the types of cookies you allow, or refuse cookies altogether. If you do, you may not be able to use some or all features of the Services, and your experience may be different or less functional.

Some of the third-party partners who provide certain features on our site may also use Local Storage Objects (also known as flash cookies or LSOs) to collect and store data.

2.2 Analytics

We use third-party browser and mobile analytics services like Google Analytics, Hotjar, and Intercom on the Services. These services use Data Collection Tools to help us analyze your use of the Services, including information like the third-party website you arrive from, how often you visit, events within the Services, usage and performance data, and where the application was downloaded from. We use this data to improve the Services, better understand how the Services perform on different devices, and provide information that may be of interest to you.

2.3 Online Advertising

We use third-party advertising services like Taboola, Facebook, Google’s ad services, and other ad networks and ad servers to deliver advertising about our Services on other websites and applications you use. The ads may be based on things we know about you, like your Usage Data and System Data (as detailed in Section 1), and things that these ad service providers know about you based on their tracking data. The ads can be based on your recent activity or activity over time and across other sites and services, and may be tailored to your interests.

Depending on the types of advertising services we use, they may place cookies or other tracking technologies on your computer, phone, or other device to collect data about your use of our Services, and may access those tracking technologies in order to serve these tailored advertisements to you. To help deliver tailored advertising, we may provide these service providers with a hashed, anonymized version of your email address (in a non-human-readable form) and content that you share publicly on the Services.

When using mobile applications you may also receive tailored in-app advertisements. Apple iOS, Android OS, and Microsoft Windows each provide their own instructions on how to control in-app tailored advertising. For other devices and operating systems, you should review your privacy settings or contact your platform operator.

3.What We Use Your Data For

We use your data to do things like provide our Services, communicate with you, troubleshoot issues, secure against fraud and abuse, improve and update our Services, analyze how people use our Services, serve personalized advertising, and as required by law or necessary for safety and integrity.

We use the data we collect through your use of the Services to:

  • Provide and administer the Services, including to display customized content and facilitate communication with other users;
  • Process your requests and orders for courses, products, specific services, information, or features;
  • Communicate with you about your account by:
    • Responding to your questions and concerns;
    • Sending you administrative messages and information, including messages from instructors and teaching assistants, notifications about changes to our Service, and updates to our agreements;
    • Sending you information and in-app messages about your progress in courses, rewards programs, new services, new features, promotions, newsletters, and other available courses (which you can opt out of at any time);
    • Sending push notifications to your wireless device to provide updates and other relevant messages (which you can manage from the “options” or “settings” page of the mobile app);
  • Manage your account preferences;
  • Facilitate the Services’ technical functioning, including troubleshooting and resolving issues, securing the Services, and preventing fraud and abuse;
  • Solicit feedback from users;
  • Market and administer surveys and promotions administered or sponsored by Jylek;
  • Learn more about you by linking your data with additional data through third-party data providers or analyzing the data with the help of analytics service providers;
  • Identify unique users across devices;
  • Tailor advertisements across devices;
  • Improve our Services and develop new products, services, and features;
  • Analyze trends and traffic, track purchases, and track usage data;
  • Advertise the Services on third-party websites and applications;
  • As required or permitted by law; or
  • As we, in our sole discretion, otherwise determine to be necessary to ensure the safety or integrity of our users, employees, third parties, the public, or our Services.

4.Who We Share Your Data With

We share certain data about you with instructors, other students, companies performing services for us, our business partners, analytics and data enrichment providers, your social media providers, companies helping us run promotions and surveys, and advertising companies who help us promote our Services. We may also share your data as needed for security, legal compliance, or as part of a corporate restructuring. Lastly, we can share data in other ways if it is aggregated or de-identified or if we get your consent.

We may share your data with third parties under the following circumstances or as otherwise described in this Privacy Policy:

  • With Your Instructors: We share data that we have about you (except your email address) with instructors or teaching assistants for courses you enroll in or request information about, so they can improve their courses for you and other students. This data may include things like your city, country, browser language, operating system, device settings, the site that brought you to Jylek, and your activities on Jylek. If we collect additional data about you (like age or gender), we may share that too. We will not share your email address with instructors or teaching assistants. We also enable our instructors to implement Google Analytics on their course pages to track sources of traffic to their courses and optimize their course pages.
  • With Other Students and Instructors: Depending on your settings, your shared content and profile data may be publicly viewable, including to other students and instructors. If you ask a question to an instructor or teaching assistant, your information (including your name) may also be publicly viewable by other users depending on your settings.
  • With Service Providers, Contractors, and Agents: We share your data with third-party companies who perform services on our behalf, like payment processing, data analysis, marketing and advertising services (including retargeted advertising), email and hosting services, and customer services and support. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service.
  • With Business Partners: We have agreements with other websites and platforms to distribute our Services and drive traffic to Jylek. For example, we work with Benesse in Japan. Depending on your location, we may share your data with these partners.
  • With Analytics and Data Enrichment Services: As part of our use of third-party analytics tools like Google Analytics and data enrichment services like Clearbit, we share certain contact information, Account Data, System Data, Usage Data (as detailed in Section 1), or de-identified data as needed. De-identified data means data where we’ve removed things like your name and email address and replaced it with a token ID. This allows these providers to provide analytics services or match your data with publicly-available database information (including contact and social information from other sources). We do this to communicate with you in a more effective and customized manner.
  • To Power Social Media Features: The social media features in the Services (like the Facebook Like button) may allow the third-party social media provider to collect things like your IP address and which page of the Services you’re visiting, and to set a cookie to enable the feature. Your interactions with these features are governed by the third-party company’s privacy policy.
  • To Administer Promotions and Surveys: we may share your data as necessary to administer, market, or sponsor promotions and surveys you choose to participate in, as required by applicable law (like to provide a winners list or make required filings), or in accordance with the rules of the promotion or survey.
  • For Advertising: If we decide to offer advertising in the future, we may use and share certain System Data and Usage Data with third-party advertisers and networks to show general demographic and preference information among our users. We may also allow advertisers to collect System Data through Data Collection Tools (as detailed in Section 2.1), and to use this data to offer you targeted ad delivery to personalize your user experience (through behavioral advertising) and undertake web analytics. Advertisers may also share with us the data they collect about you. To learn more or opt out from participating ad networks’ behavioral advertising, see Section 6.1 (Your Choices About the Use of Your Data) below. Note that if you opt out, you’ll continue to be served generic ads.
  • For Security and Legal Compliance: We may disclose your data to third parties if we (in our sole discretion) have a good faith belief that the disclosure is:
    • Permitted or required by law;
    • Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding;
    • Reasonably necessary as part of a valid subpoena, warrant, or other legally-valid request;
    • Reasonably necessary to enforce our Terms of Use, Privacy Policy, and other legal agreements;
    • Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues; or
    • Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of Jylek, our users, employees, members of the public, or our Services.
    • We may also disclose data about you to our auditors and legal advisors in order to assess our disclosure obligations and rights under this Privacy Policy.
  • During a Change in Control: If Jylek undergoes a business transaction like a merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale of all or some of its assets, we may share, disclose, or transfer all of your data to the successor organization during such transition or in contemplation of a transition (including during due diligence).
  • After Aggregation/De-identification: we can disclose or use aggregate or de-identified data for any purpose.
  • With Your Permission: with your consent, we may share data to third parties outside the scope of this Privacy Policy.

5.Security

We use appropriate security based on the type and sensitivity of data being stored. As with any internet-enabled system, there is always a risk of unauthorized access, so it’s important to protect your password and to contact us if you suspect any unauthorized access to your account.

Jylek takes appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal data that we collect and store. These measures vary based on the type and sensitivity of the data. Unfortunately, however, no system can be 100% secured, so we cannot guarantee that communications between you and Jylek, the Services, or any information provided to us in connection with the data we collect through the Services will be free from unauthorized access by third parties. Your password is an important part of our security system, and it is your responsibility to protect it. You should not share your password with any third party, and if you believe your password or account has been compromised, you should change it immediately and contact info@Jylek.com with any concerns.

6. Your Rights

You have certain rights around the use of your data, including the ability to opt out of promotional emails, cookies, and collection of your data by certain analytics providers. You can update or terminate your account from within our Services, and can also contact us for individual rights requests about your personal data. Parents who believe we’ve unintentionally collected personal data about their underage child should contact us for help deleting that information.

6.1 Your Choices About the Use of Your Data

You can choose not to provide certain data to us, but you may not be able to use certain features of the Services.

  • Regardless of your email preference settings, we will send you transactional and relationship messages regarding the Services, including administrative confirmations, order confirmations, important updates about the Services, and notices about our policies.
  • The browser or device you use may allow you to control cookies and other types of local data storage. Your wireless device may also allow you to control whether location or other data is collected and shared.

If you have any questions about your data, our use of it, or your rights, contact us at info@Jylek.com.

6.2 Accessing, Updating, and Deleting Your Personal Data

You can access and update your personal data that Jylek collects and maintains as follows:

  • To update data you provide directly, log into your account and update your account at any time.
  • To terminate your account:
    • Visit your profile settings page for terminating your account.
    • If you have any issues terminating your account, email us at course.reg@Jylek.com
    • Please note: even after your account is terminated, some or all of your data may still be visible to others, including without limitation any data that has been (a) copied, stored, or disseminated by other users (including in course comment); (b) shared or disseminated by you or others (including in your shared content); or (c) posted to a third-party platform. Even after your account is terminated, we retain your data for as long as we have a legitimate purpose to do so (and in accordance with applicable law), including to assist with legal obligations, resolve disputes, and enforce our agreements. We may retain and disclose such data pursuant to this Privacy Policy after your account has been terminated.

To request to access, correct, or delete your personal data, email to course.reg@Jylek.com or write to us at Jylek Enterprises LLP, 816, Sunshine Tower, Senapati Bapat Marg, Dadar West, Mumbai 400050, Maharashtra, India.

  • Please allow up to 30 days for a response. For your protection, we may require that the request be sent through the email address associated with your account, and we may need to verify your identity before implementing your request. Please note that we retain certain data where we have a lawful basis to do so, including for mandatory record-keeping and to complete transactions.

6.3 Our Policy Concerning Children

We recognize the privacy interests of children and encourage parents and guardians to take an active role in their children’s online activities and interests. Children under 13 (or under 16 in the European Economic Area) should not use the Services. If we learn that we’ve collected personal data from a child under those ages, we will take reasonable steps to delete it.

Parents who believe that Jylek may have collected personal data from a child under those ages can submit a request that it be removed to privacy@Jylek.com.

7.Users Outside of the U.S.

Personal data collected by Jylek may be stored and processed in your region, and in any other country where Jylek or its affiliates, data sub-processors operate facilities. To facilitate Jylek global operations, we may transfer and access such information from around the world, including from other countries in which the Company has operations. This Privacy Statement shall apply even if Jylek transfers Data to other countries. By submitting your data and/or using Our Services, You consent to the transfer, storing, and processing of Your data in these countries.

Note to our customers in Europe: We transfer personal data from the European Economic Area and Switzerland to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. When we do, we use contracts, to help ensure your rights and protections travel with your data. By submitting your data and/or using Our Services, You consent to the transfer, storing, and processing of your data in these countries.

8.Updates & Contact Info

When we make a material change to this policy, we’ll notify users via email, in-product notice, or another mechanism required by law. Changes become effective the day they’re posted. Please contact us via email or postal mail with any questions, concerns, or disputes.

8.1 Modifications to This Privacy Policy

From time to time, we may update this Privacy Policy. If we make any material change to it, we will notify you via email, through a notification posted on the Services, or as required by applicable law. We will also include a summary of the key changes. Unless stated otherwise, modifications will become effective on the day they are posted.

As permitted by applicable law, if you continue to use the Services after the effective date of any change, then your access and/or use will be deemed an acceptance of (and agreement to follow and be bound by) the revised Privacy Policy. The revised Privacy Policy supersedes all previous Privacy Policies.

8.2 Interpretation

Any version of this Privacy Policy in a language other than English is provided for convenience. If there is any conflict with a non-English version, you agree that the English language version will control.

8.3 Questions

If you have any questions, concerns, or disputes regarding our Privacy Policy, please feel free to contact our privacy team (including our designated personal information protection manager) at info@Jylek.com. You can also send postal mail to us at Jylek Enterprises LLP, 813, Sunshine Tower, Senapati Bapat Marg, Dadar West, Mumbai 400050, Maharashtra, India.

Cookie Policy

Effective June 5, 2018

What are cookies?

Cookies are small text files stored by your browser as you browse the internet. They can be used to collect, store, and share data about your activities across websites, including on Jylek. We use both session cookies, which expire after a short time or when you close your browser, and persistent cookies, which remain stored in your browser for a set period of time. We use session cookies to identify you during a single browsing session, like when you log into Jylek. We use persistent cookies where we need to identify you over a longer period, like when you request that we keep you signed in.

Why does Jylek use cookies and similar technologies?

We use cookies and similar technologies like web beacons, pixel tags, or local shared objects (“flash cookies”), to deliver, measure, and improve our services in various ways. We use these cookies both when you visit our site and services through a browser and through our mobile app. As we adopt additional technologies, we may also gather additional data through other methods.

We use cookies for the following purposes:

Authentication and security
  • To log you into Jylek
  • To protect your security
  • To help detect and fight spam, abuse, and other activities that violate Jylek’s agreements
Preferences
  • To remember data about your browser and your preferences
  • To remember your settings and other choices you’ve made
Analytics and research
  • To help us improve and understand how people use Jylek

We also work with a number of analytics partners, who use cookies and similar technologies to help us analyze how users use the Services, including by noting the sites from which you arrive. Those service providers may either collect that data themselves or we may disclose it to them.

  • Personalized content : To customize Jylek with more relevant content

For example, cookies help us show a personalized list of recommended courses on the homepage.

  • Advertising : To provide you with more relevant advertising

Please note that where advertising technology is integrated into the Services, you may still receive advertising on other websites and applications, but it will not be tailored to your interests.

When using mobile applications you may also receive tailored in-app advertisements. Apple iOS, Android OS, and Microsoft Windows each provide its own instructions on how to control in-app tailored advertising. For other devices and operating systems, you should review your privacy settings or contact your platform operator

You have a number of options to control or limit how we and our partners use cookies.

Updates & Contact Info

From time to time, we may update this Cookie Policy. If we do, we’ll notify you by posting the policy on our site with a new effective date. If we make any material changes, we’ll take reasonable steps to notify you in advance of the planned change.

If you have any questions about our use of cookies, please email us at info@Jylek.com.

Intellectual Property Policy

Effective June 5, 2018

Jylek is a technology platform that enables anyone anywhere to share educational courses. Our marketplace model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. However, it is important to us that instructors posting courses on Jylek respect the intellectual property of others. When instructors post courses on our marketplace, they make the promise that they have the necessary authorization or rights to use all the content contained in their courses.

Infringing activity is not tolerated on or through our platform.

This policy addresses what we do in the event of copyright infringement reports from content owners and trademark infringement claims from trademark owners with respect to the courses on the Jylek platform. The policy also addresses what we do when Jylek instructors’ courses are copied on third-party platforms without their consent.

Third-Party Copyright Infringement Reports

Jylek’s policy is to remove courses from our service when they are reported as infringing in a copyright infringement notice received from the owner of the original content. It is also our policy to remove all courses from any instructor who is determined to be a repeat infringer (for whom Jylek has received more than two valid takedown notices). We reserve the right to terminate an instructor’s account at any time, including when they post content in violation of the copyrights of others.

How to File a Report

If you would like to report a course on the Jylek marketplace and if you are the owner or the designated agent of the owner of the rights to the content that you believe the course is infringing, the most efficient way is to use this form (form in English only).

Before you submit a copyright infringement report, please remember these important things:

  1. We cannot process a copyright claim that is not submitted by the owner of the copyright or its designated agent. This is because we have no way of knowing whether the instructor who published the course you are reporting has received proper permission from the owner to use the content. We will ask you to provide an electronic signature to confirm that you are the copyright owner or have authority to represent the copyright owner (including if the copyright owner is an organization).
  2. Your copyright claim has to be sufficiently substantiated for us be able to address it. This means:
    • You provide sufficient information for us to contact you, including your full legal name, an email address, physical address, and (optional) telephone number.
    • If you are filing a report on behalf of an organization, you include the name of the organization and your relationship to the organization.
    • You precisely identify the original copyrighted material or, if multiple copyrighted works are covered in your notification, you provide a sufficiently representative list of such original material (such as a URL where the material is located);
    • You provide sufficient information for us to locate the reportedly infringing course(s) on the Jylek site (the URL on our website and the exact name of the course and instructor;
    • You add a statement saying: “I declare, under penalty of perjury, that the information in this complaint is accurate and that I am the copyright owner or am authorized to act on the copyright owner’s behalf and I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”.
  3. Knowingly submitting a false or misleading claim of infringement is illegal and you could be held liable and have to pay damages as a result. Jylek reserves the right to seek damages from anyone who submits a notification of claimed infringement in violation of the law.
  4. There are types of content that are not protected by copyright. Copyright law doesn’t cover short phrases (like business names, book titles, and slogans), intangible concepts (like processes, ideas, and recipes), or facts. Before you submit a copyright claim, make sure that the content copied in the course is indeed protected by copyright.
  5. Consider whether the use of your material in the course is “fair use”. Copyright law includes a “fair use” exception for certain uses of copyrighted content that are considered to be in the public interest. Fair use covers things like criticism, commentary, news reporting, and research. In considering whether a course’s use of your material qualifies as fair use, you should look at:
      • The purpose of the use (whether the course is paid or unpaid, whether the course critiques/parodies/transforms your material)
      • The type of copyrighted work being used (whether your work is factual or creative)
      • The portion being used (whether the course uses small, necessary excerpts of your material or substantial portions of it)
      • The effect on the market for your material (whether potential buyers would purchase the course instead of your material)

Before you submit a copyright claim, make sure that use of the content copied in the course does not qualify as fair use.

Counter-Notification

If we receive a valid copyright violation report, we will send a copy of that report to the instructor who posted the reported course along with a notification that 1) the course was reported for copyright infringement and 2) we are removing the course from the Jylek service. We will also attach a form that the instructor can fill in and send back to us to submit a counter-notification. If your course has been reported for copyright infringement and removed from the Jylek service, and if you believe we made a mistake or that you have permission from the owner of the reported content to use such content in your course, then you may send us a counter-notification.

The best way to provide us with a counter-notification is to fill in the form we provided you and send it back to the Jylek designated agent or the copyright team member who notified you. To be effective, a counter notification must be in writing and include the following information:

  • Your physical or electronic signature;
  • Your name, address, and email address or telephone number,
  • Identification of the course that was removed and the location (URL) at which it appeared before it was removed (you can access this information from the copyright infringement report filed against your course, we always attach a copy when we notify you);
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • A statement that you consent to (i) Jylek sharing your name and contact information with the claimant; (ii) receiving service of process for any legal action by the claimant or an agent of the claimant and (ii) accepting the jurisdiction of the court in Mumbai, India.

Knowingly submitting a false or misleading counter-notification to a claim of infringement is illegal and you could be held liable and have to pay damages as a result. Jylek reserves the right to seek damages from any party that submits a counter-notification of claimed infringement or counter notification in violation of the law.

Reports from Instructors of Infringing Content on Other Platforms

We understand that when you post and make available your courses on the Jylek marketplace, you want to make sure that you will not find your courses offered on another platform without your permission.

In the event you find your course available on another platform without your permission, please inform us on copyright@jylek.com. Please keep in mind that since Jylek does not control the content on other sites, we may not always be successful. Certain countries take different approaches to copyright law; as such, we cannot guarantee the infringing party or hosting site will comply with our notices and remove the infringing content from their platform.

Third-Party Trademark Infringement Reports

Jylek’s policy is to remove courses from our service when they are reported as infringing a third-party trademark. We also reserve the right to terminate an instructor’s account at any time, including when they post content in violation of the trademark rights of others.

How to Submit a Trademark Infringement Report

The fastest and easiest way to submit a report of trademark infringement to us is to send a notice to the Designated Agent containing the information identified below. Please note that a copy of your notice will be sent to the party who posted the content you are reporting. Before you submit a trademark infringement report, please remember these important things:

  1. Your trademark claim has to be sufficiently substantiated for us be able to address it. This means your communication must include substantially the following:
    • Your complete contact information (full name, mailing address, and email or phone number).
    • The specific word, symbol, etc. for which you claim trademark rights.
    • The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable.
    • The country or jurisdiction in which you claim trademark rights.
    • The category of goods and/or services for which you assert rights.
    • Sufficient information for us to locate the material on Jylek that you believe violates your trademark rights (web addresses/URLs of the allegedly infringing content).
    • A description of how you believe this content infringes your trademark.
    • If you are not the rights holder, an explanation of your relationship to the rights holder.
    • The following statement: “I have a good faith belief that use of the trademark as described above in the manner complained of is not authorized by the trademark owner, its agent, or the law.”
    • The following statement: “The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed.”
    • Your electronic signature (“/s/” followed by your full name, e.g., “/s/ Jane Doe”) or physical signature.
  2. Submitting a false or misleading claim of infringement could result in liability for you. Jylek reserves the right to seek damages from any party that submits a false or misleading notification of claimed trademark infringement.
  3. Consider whether the use of your trademark in the course is “nominative fair use”. Trademark law protects the use of a name or brand for selling products and services, with the goal of preventing consumer confusion. Most countries’ laws include an exception for “fair use”, which allows others to use a trademark for factually referencing the trademarked product or service, or commenting on or criticizing the mark. Consider the likelihood that others would be confused into thinking that your company or brand had created or is sponsoring the course. Before you submit a trademark claim, make sure that use of your trademark in the course does not qualify as fair use.

Designated Agent Contact Information

Jylek’s Designated Agent for notices of reported infringement can be contacted in the following manner:

  • Via E-mail: copyright@Jylek.com
  • Via Mail: Jylek Enterprises LLP, 816, Sunshine Tower, Senapati Bapat Marg, Dadar East, Mumbai 400028 India Attn: Copyright Team

Instructor Terms & Conditions

Effective June 5, 2018.

If you are an Instructor, these Instructor Terms & Conditions (the “Instructor Terms”) contain the terms and conditions of Your participation as an Instructor via Jylek’s Services. This is a binding agreement between you and Jylek and is incorporated by reference into Jylek’s Terms of Use (“Terms of Use”).

Any version of these Instructor Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

1.Key Definitions

Base Price” means the course price set by the Instructor.

Base Currency” means the currency of the Base Price.

Base Exchange Rate” means a system-wide rate used by Jylek for foreign currency conversion and does not include any fee or mark-up by Jylek. The rate is established using one or more third parties and is fixed periodically. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.

Instructor Revenue” shall mean Net Amount less any refunds paid, as provided in Section 10 of the Terms of Use.

Gross Amount” means the amount actually received by Jylek for purchases by Students for Your Course. Please note that for mobile application sales, mobile platforms apply fees, such as Apple’s App Store or Google Play.

Net Amount” means Gross Amount, less (1) Taxes (pursuant to section 11); (2) for web sales, a three percent (3%) administrative and handling fee, except in the territory of Japan, where the administrative and handling fee shall be four percent (4%); and (3) any amounts paid in connection with Jylek’s Marketing Programs if You choose to opt-in (as further described below).

Price Tier Matrix” means the table available in the Pricing and Promotions Policy which will provide the matrix of Base Prices available from which You can select the Base Price for Your Courses.

Pricing and Promotions Policy” means the policy available here: https://support.Jylek.com/hc/en-us/articles/115013339928 setting forth Jylek’s pricing and promotional policy and terms.

Sale Price” means the actual sale price for the Course. When the Sale Currency is different from the Base Currency, Jylek will determine the Sale Price based on the applicable Base Exchange Rate.

Sale Currency” means the currency of the sale. This is determined by the country of origin of the User purchasing the Course.

All other capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in Jylek’s Terms of Use.

2.Agreement

As an Instructor You are contracting directly with Jylek Enterprises LLP, India. Additionally, although We may utilize other Jylek subsidiaries to facilitate Your payments, Your contract remains between You and Jylek Enterprises LLP.

3.Your Relationship with Students

Instructors do not have a direct contractual relationship with Students. The only information You will receive about Students is what is provided to You through the Services (“Student Related Data”). You understand and agree that You will indemnify Jylek for any issues arising out of Your use of any Student Related Data.

4.Obligations

As an Instructor, You represent, warrant, and covenant that:

  1. You will visit www.Jylek.com and complete the Instructor enrollment form and if You choose to charge fees for Your Courses, You will also need to agree to the pricing terms which are presented to you during the paid Course creation process;
  2. You will be responsible for all of Your Submitted Content. You further agree that You own or have the necessary licenses, rights, consents, and permissions, and the authority to authorize Jylek, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of Your Submitted Content on and through the Services in the manner contemplated by these Instructor Terms;
  3. No Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
  4. You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on Your Course and through the Services;
  5. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
  6. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services or to any User;
  7. You will not use the Services for any business other than for providing tutoring, teaching and instructional services to Students;
  8. You will not engage in any activity that will require Jylek to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
  9. You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Company Content and/or the Services or operations thereof, except as permitted in these Instructor Terms;
  10. You will not frame or embed the Services in a manner to embed a free coupon version of your course or other similar functionality intended to circumvent the Services;
  11. You will not impersonate another person or gain unauthorized access to another person’s Account;
  12. Your use of the Services are subject to Jylek’s approval, which We may grant or deny in Our sole discretion;
  13. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services;
  14. You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
  15. You will maintain accurate Account information;
  16. You shall respond promptly to Students and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
  17. You are over the age of 18 or, if not, you are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these Instructor Terms, as well as all other of Our terms and policies as shall be posted on Our Services from time to time, and will assume responsibility and liability for Your performance and compliance hereunder.

5.License to Jylek

You hereby grant Jylek a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content through the Services, and sublicense it to Users for these purposes directly or through third parties. For more information on how we may use Submitted Content please visit Our Privacy Policy. Notwithstanding the foregoing, and subject to the Instructor Terms, if you are an Instructor, unless specifically stated otherwise, You have the right to remove all or any portion of Your Submitted Content from the Services at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new Users, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.

You hereby agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Services. You hereby grant Jylek permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.

6.Trust & Safety

By agreeing to these Instructor Terms, You also agree to abide by the Trust & Safety policies found here and more specifically, the list of restricted topics found here. Please check both periodically as there will be minor changes made to the policies and restricted list from time to time. Jylek reserves the right to remove Courses and Instructors at its sole discretion, as described in Our Terms of Use.

7.Pricing

As an Instructor, You will be responsible for determining the Base Price You charge Students for Your Course(s) from the Price Tier Matrix. You may select any increment as defined in the Price Tier Matrix by going to the Price Edit screen in your Instructor Account. You agree to charge only for Your own Submitted Content. You may not charge separately for any course add-ons such as downloadable PDFs or other content and services (such as providing a link to a third party service to sell downloadable PDFs). The Company will handle billing and other fee interaction with Students. When the Sale Currency is different than the Base Currency, Jylek will determine the Sale Price using the most recently published Price Tier Matrix. The Company reserves the right to make changes to the Price Tier Matrix at any time.

As part of Your participation on Jylek, You give Us permission to share Your Course, and information about You and the Course with Jylek employees and selected partners, for which You will not receive compensation.

Jylek offers certain programs that can help you market your Courses (“Marketing Programs”). Marketing Programs may include, but are not limited to, Jylek’s Deals Program and Marketing Boost Program. The complete list and terms of the currently available Marketing Programs are available under our Pricing and Promotions Policy, which may be updated from time to time. If You choose to participate, the fee You receive from Jylek will be in accordance with the terms of the particular Marketing Program that applies to the sale of Your Course. You may opt out of any Marketing Programs at any time, provided however, if you do opt-out of a Marketing Program, your Course will remain subject to any sales, campaigns, or promotions under any Marketing Programs that apply to Your Course that are active at the time you opt-out until the completion of such sales, campaigns, or promotions. In addition, you acknowledge and accept that certain sales, campaigns or promotions may be limited in applicability and not all sales, campaigns, or promotions will apply to Your Course.

You acknowledge that the amounts paid by Students for Courses sold through Marketing Programs are not fixed, and Jylek has the sole discretion to determine those amounts and which Courses to offer as part of such Marketing Programs. Further, Jylek does not guarantee any minimum level of success in connection with the Marketing Programs, and its selection of Courses to include is not an endorsement of those Courses, or of You. If You do not wish to participate in certain Marketing Programs, log into Your Account and opt out of them.

You may be able to increase Your sales by promoting Your Courses by using a coupon code that You have created on Jylek. For additional information on Instructor created coupons please see Our Pricing and Promotions Policy.

In the case of Courses offered on Jylek’s iOS application, Jylek will select the Apple App Store price tier (from the App Store Pricing Matrix available at http://www.equinux.com/us/appdevelopers/pricematrix.html) that is closest to the Base Price set by the Instructor.

8.Payments

If You do not opt into any of Jylek’s optional Marketing Programs, We will pay You fifty percent (50%) of the Net Amount received for Your Course less any applicable deductions such as Student refunds (“Standard Revenue Share”). If Jylek changes the Standard Revenue Share, we will provide you thirty (30) days notice via email or prominent notice on the Services.

So that Company can pay you in a timely manner, you must have a PayPal account or a Payoneer account in good standing and keep Jylek apprised as to the correct email address associated with your PayPal or Payoneer account. Payment will be made within forty-five (45) days of the end of the month in which the fee for a Course was received. You are responsible for providing Company with all identifying and tax information necessary for the payment of amounts due.

As an Instructor, you are responsible for determining whether you are eligible to be paid by a US company.

9.Refunds

As an Instructor, you acknowledge and agree that Students have the right to receive a refund, as set forth in section 10 of Jylek’s Terms of Use. Neither Instructors nor Jylek shall receive any payments, fees or commissions for any transactions for which a refund has been granted pursuant to section 10 thereof. In the event that a Student requests a refund for a Course after Jylek has sent an Instructor payment for that Course, Jylek reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to that Instructor, or (2) require that Instructor to refund any amounts refunded to Students for Instructor’s Course to the extent no additional payments are due from Jylek to Instructor or such payments due to the Instructor are insufficient to cover the amounts refunded to Students.

10.Taxes

You understand and agree that You are responsible for any taxes on Your income. We reserve the right to withhold payment if we do not receive proper tax documentation. With regard to sales tax on the sale of Your Courses, the following applies:

10.1 European Union

In the event that the sale or delivery of a Course or any Submitted Content to any Student in the European Union is subject to any value added tax (“VAT”), under applicable law, Jylek will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Students in the European Union. Jylek may at its Own discretion increase the Sale Price where Jylek is of the view that VAT may be due and Jylek will have a liability to account for such. You will indemnify and hold Jylek harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon on Your Instructor Revenue or otherwise.

10.2 All Other Countries

For sales of any Courses or Submitted Content in countries other than the European Union, South Korea and Japan (more information on taxes in South Korea and Japan here), You are responsible for following the requirements of the appropriate taxing authority related to sales tax on Your Courses (which may be different to the tax authority in Your own location). Jylek is unable to provide You with tax advice and You should consult Your own tax advisor.

11.Deletion of Your Account

If You wish to delete Your Instructor Account, You may do so by following the steps provided in the following Instructor instruction page. We will use commercially reasonable efforts make any remaining scheduled payments due and owing to You prior to deleting Your Account. You hereby understand and agree that if Student(s) have previously enrolled to Your Course(s), after Your Account has been deleted Your name and such Course(s) will remain accessible to those such Students who enrolled to Your Course(s). Should You require any assistance or encounter any difficulty in deleting Your Instructor Account You may also contact Us via email at support@Jylek.com or via our Support Center, and We will make commercially reasonable efforts to respond to Your request within 24 hours.

12.Modifications to These Instructor Terms

From time to time, We may update these Instructor Terms to clarify our practices or to reflect new or different practices, such as when We add new features, and Jylek reserves the right to modify and/or make changes to these Instructor Terms at any time. If We make any material change We will notify You using prominent means such as by email notice sent to the email address specified in Your Account or by posting a notice on Our Services. Other modifications will become effective on the day they are posted unless stated otherwise. If You continue to use the Services, after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Instructor Terms as changed. The revised Instructor Terms supersedes all previous Instructor Terms.

Pricing and Promotions Policy

Effective June 5, 2018.

This Pricing and Promotions Policy includes all of the information on Our pricing, optional marketing programs, and promotions.

We will provide You notice via email or a notification on the Jylek website prior to any material changes to this Pricing and Promotions Policy taking effect

All capitalized terms used and not otherwise defined herein shall have the meaning as provided in Jylek’s Terms of Use or Instructor Terms and Conditions (“Instructor Terms”). This Pricing and Promotions Policy is subject to the terms and conditions set forth in the Instructor Terms.

Any version of this Pricing and Promotions Policy in a language other than English is provided for convenience and You understand and agree that the English language will control if there is any conflict.

PRICING

Selecting a Price 

As an Instructor, You may select a Price for Your Course. Notwithstanding, in connection with promotional programs, certain Courses may be priced at higher prices at Jylek’s discretion

Except when a Course is made available through Jylek’s Marketing Programs, or when a Course is offered on Jylek’s mobile applications, an Instructor will be solely responsible for determining the Price to be charged for such Course, in accordance with the Instructor Terms. In the case of Courses offered on Jylek’s mobile applications, the mobile platform provider’s pricing matrix will control and the provider will select the price that is closest to the Course price set by the Instructor.  Please note that currency conversion on mobile platforms is controlled by those platforms and accordingly your Course price may appear as different than the pricing tier You selected. 

Jylek currently offers students the ability to buy courses in Indian Rupee (INR).

Currencies on Mobile

Notwithstanding the above, the Jylek mobile application supports all currencies offered by the mobile platform providers (such as Apple and Google).

Revenue Share and Taxes

As set forth in Section 9 of the Instructor Terms, If You do not opt into the Jylek Marketing Programs (see below), We will pay You fifty percent (50%) of the Net Amount received for Your Course less any applicable deductions such as Student refunds (“Standard Revenue Share”). Should You decide to opt in to any of Our Marketing Programs, the relevant revenue share may be different, as defined for each program.

Jylek makes all payments to Instructors in INR regardless of the currency in which the Student transacts. Jylek will assume all transaction processing fees, excluding foreign currency conversion. 

When the country from which the Student purchases the Course requires Jylek to remit Value Added Tax (VAT) or GST (Goods & Services Tax), We will deduct the tax amount from the Course Sale Price when calculating the Net Amount. The Net Amount will be split between Jylek and Instructors under the applicable revenue share model.

Countries requiring VAT / GST currently include India, all European Union (EU) countries, the U.K., South Korea, Japan, New Zealand and Australia, but Jylek reserves the right to add additional countries to this list as necessary.

When applicable, Jylek charges and pays European Union taxes for website purchases. In the case of mobile in-app purchases, European Union tax is collected and paid by Apple and Google respectively. 

PROMOTIONS

Jylek’s Marketing Programs for Paid Courses

Jylek gives Instructors an opportunity to opt into marketing programs.

Coupons

As an Instructor, You may be able to increase Your sales by promoting Your Courses by using a coupon code.

By using Coupon Codes, You may offer Your Courses at any percentage discount, provided Your Course Sale Price does not fall below approximately INR 500. Alternatively, You may also offer Your Courses for free, i.e. at a full 100% off of the Base Price. Note that the actual discount may be slightly higher due to rounding and currency conversion. Notwithstanding the foregoing, You may issue Coupon Codes that allow Users to take Your Course for free.

As an Instructor, You should be aware that the currency Your Students see on the Services may be different than the currency at which You listed Your Course. Your coupon will still work and it will give a proportional discount in any of the Jylek supported currencies. 

When the country of the Student requires Us to charge tax, Course prices set by Instructors are inclusive of tax in the transaction. When an Instructor sees this transaction in the revenue report, the revenue share is calculated from the price the Student paid minus ta