Birble Technologies Private Limited, on behalf of itself under the brand “Birble”, is the author and publisher of the internet resource www.birble.app and the mobile applications “Birble” and “AskBirble” (together, “Mobile App”). Birble owns and operates the services provided through the aforesaid mobile-based applications.
1. NATURE AND APPLICABILITY OF TERMS
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at www.birble.app (“Privacy Policy”) before you decide to avail the services made available on the Mobile App. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Birble in connection with your download and use of the Mobile App and your use of the Services (as defined below). The Agreement applies to you whether you are –
– An instructor, mentor, trainer, counselor or teacher (whether an individual professional or any person who possesses reasonable skills to impart knowledge onto others without misleading and misrepresenting them) or similar person wishing to be listed (“Instructor(s)”, “you” or “User”); or
– A student, apprentice, learner or his/her representatives, searching for Instructors through the AskBirble App (“Learner”, “you” or “User”); or
– Otherwise, a user of the Birble App (“you” or “User”).
This Agreement applies to those services made available by Birble on its mobile based application, which are offered to the Users (“Services”), including the following:
– For Instructors:
(i) Listing of their profiles, to be made available to the other Users and visitors on the Mobile App;
(ii) Interactions with the learners and visitors on the Mobile App,
(iii) Sale of content in the form of videos, audio or PDF documents
(iv) collection of such consideration as agreed with the learners and
– For other Users/learners: Facility to
(i) search for Instructors by name, qualifications or skills, or any other criteria that may be developed and made available by Birble,
(ii) to book appointments with Instructors.
(iii) interact with the Instructors on the virtual platform provided by Birble
(iv) to buy original content uploaded by Instructors on the Mobile App
The Services may change from time to time, at the sole discretion of Birble, and the Agreement will apply to your visit to and your use of the Mobile App to avail the Service, as well as to all information provided by you on the Mobile App at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Mobile App and describes the manner in which we shall treat your account while you are registered as a user with us. If you have any questions about any part of the Agreement, feel free to contact us at support@birble.app.
By downloading or accessing the Mobile App to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, as available on the Website www.birble.app, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Mobile App to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you by e-mail, SMS or through a notification in the Mobile App. You should also read this Agreement at regular intervals to be aware of any modifications to it. Your use of the Mobile App following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Mobile App or avail any Services.
Your access to use of the Birble App and the Services will be solely at the discretion of Birble.
The Agreement is published in compliance with, and is governed by the provisions of Indian law, including but not limited to:
– the Indian Contract Act, 1872,
– the (Indian) Information Technology Act, 2000, and
– the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (the “IG Rules”).
2. CONDITIONS OF USE
In case of the Birble App (App for instructors), you must be 18 years of age or older to register, use the Services, or visit or use the Birble App in any manner whatsoever. By registering, visiting and using the Birble App or accepting this Agreement, you represent and warrant to Birble that you are 18 years of age or older, and that you have the right, authority and capacity to use the Birble App and the Services available through the Birble App, and agree to and abide by this Agreement according to the laws governing this agreement mentioned in Rule 1 of this agreement.
In case of the AskBirble App (App for learners), you must be 13 years of age or older to register, use the AskBirble App in any manner whatsoever. By registering, visiting and using the Birble App or accepting this Agreement, you represent and warrant to Birble that you are 13 years of age or older, and that you have been authorized by your parents or legal guardians to use the AskBirble App and the Services available through the Birble App, and agree to and abide by this Agreement according to the laws governing this agreement mentioned in Rule 1 of this agreement.
Birble strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment.
3. LICENSES AND THIRD-PARTY CONTENT
3.1 Birble’s Provision of the Mobile App and Limited Mobile App License
Birble grants you a limited license to access the Mobile App and Mobile App Services (collectively, the “Services”). This license is subject to and conditioned on compliance with all the terms and conditions and other legal agreements that form a part and parcel of terms and conditions.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. In fact, we might even stop providing the Services completely or stop providing certain features without notice.
3.2 Termination of the Limited Mobile App License
Birble may terminate any license it has granted to any App Visitor or User to access the Services by providing notice, and the termination of such license shall be effective immediately upon Birble providing such notice.
Birble and our licensors retain all intellectual property rights in the Services. All other product names, company names, marks, logos, and symbols used in connection with the Services may be the trademarks of their respective owners.
Nothing in the Terms of Service grants you a right to use any Birble trademarks.
3.3 Your Intellectual Property
3.3.1 Your Obligations and Your Indemnification of Birble
You are responsible for your use of the Mobile App and anything you post on the Mobile App. If someone makes any claim against Birble because of anything you put on the Mobile App, you agree to indemnify Birble and bear all the expenses and fees related to such claims.
When you post Content on or through the Mobile App, you understand and acknowledge that you are solely responsible for such Content. Further, you agree to only post or provide Content that does not violate the law or anyone’s rights (including intellectual property rights). You also represent that you have the right, power, and authority to grant the consent to Birble for advertising and marketing your content posted on Birble. This consent includes limited authorization to use your intellectual property which includes patent, copyright and trademark or any other applicable IP for the purposes of advertising and marketing your work and content.
You acknowledge and agree that the poster of Content, and not Birble, is responsible for any Content including any harms caused to anyone by such Content.
You will indemnify, defend, and hold harmless Birble, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, actions, suits, proceedings, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) relating to or arising out of any Content you post.
3.3.2 Your Rights and License to Birble and Other Site Visitors
By posting content on the Site, you give others some rights to that content.
You retain all ownership rights to any Content you post on Birble. You also grant to Birble and our successors and affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, publish, list information regarding, translate, distribute, publicly perform, publicly display, of all such Content or part of it and your name, video, voice, and/or likeness as contained in your Content or part of it for use in connection with the Mobile App and Birble’s businesses. You also hereby grant each User and each Mobile App Visitor a non-exclusive license to access your Content through the Birble App and to use, such Content as permitted through the normal functionality of the Mobile App and subject to all applicable confidentiality and other provisions of the Terms of Service and applicable laws.
Note that Instructors won’t be able to delete any content once it’s uploaded. Instructors should send an email to support@birble.app in case they wish to delete content uploaded by them. If such a deletion request is found valid by Birble, the content will be removed within 30 days of Birble’s decision.
We have the right, without compensation to you or others, to serve ads beside your content and information. Subject to choices you make within your Profile on the Mobile App, we may also mention your use of a feature of the Services, along with your name or photo to promote that feature.
3.4 Third-Party Intellectual Property
Third parties, including other Users, are responsible for anything posted or linked on the Birble App.
Any information or content expressed or made available by a third party is that of the respective author(s) or distributor(s) and not of Birble. Birble neither endorses nor is responsible for the accuracy or reliability of any opinion, comments, ratings, advice, information, or statement made on the Site by anyone other than Birble’s authorized agents acting in their official capacities.
The Mobile App may contain links to third-party websites and apps. The Mobile App may also contain applications that allow you to access third-party websites and apps via the Mobile App. Such third-party websites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application, and you use the links and third-party websites on an “as is” and “as available” basis at your own risk without any warranty from Birble for any purpose.
3.5 Complaints About Copyrighted Content on The Site
If you think the content on the Birble App infringes your rights, submit your request or complaint by mailing us on support@birble.app.
Birble is committed to complying with Indian copyright and related laws and requires all Mobile App Visitors and Users to comply with these laws. Accordingly, you may not use the Mobile App to store or disseminate any material or content in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by Indian copyright law.
4. PERMITTED SITE USES
Birble offers the Services for following purposes only:
– Birble makes the Services available for Users to find one another, enter into service relationships, make and receive payments, and receive and provide advisory services. In addition, certain Visitor Birble App Services may be used to provide and obtain general information that we believe may be of interest to Birble App Visitors and Users. While we try to ensure that any information we post is both timely and accurate, errors may appear from time to time. We do not make any representations or warranties with respect to informational materials posted on the Birble App and in no event should any content be relied on or construed as medical, financial or legal advice or otherwise. You should independently verify the accuracy of any content.
5. PROHIBITED MOBILE APP USES
You may not use, or encourage, promote, facilitate, instruct, induce, or otherwise influence or cause others: (1) to use the Services for any activities that violate applicable laws or for any other fraudulent or harmful purpose or (2) to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
5.1 Examples of Prohibited Uses of the Mobile App
The following are examples of uses that are prohibited on or when using the Services:
Examples of uses that are prohibited on or when using the Services include, but are not limited to, –
A. Seeking, offering, promoting, supporting, or endorsing services, content, or activities that:
(i) are defamatory, illegal, violent, profane, vulgar, threatening, unlawfully discriminatory, pornographic, obscene, sexually explicit in nature, or involve or relate to child exploitation of any kind.
(ii) would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or application.
(iii) would violate Birble’s Terms and conditions, the terms and conditions of another application, or any similar contractual obligations.
(iv) violates academic or professional policies or standards, including activities that involve passing off academic or professional work of another as one’s own,
(v) concern the creation, purchase, and/or publication of a review for a third-party website.
(vi) concern the creation, publication, or distribution of “fake news”, “hoax news”, misinformation, Deep Fake content or similar content, which in Birble’s determination is intended to mislead recipients for personal, financial, political or any other gain or advantage.
(vii) concern or promote in any way any escort services, prostitution, or sexual acts; or
(viii) is violent or harassing toward another person or endorses or encourages violence or harassment towards others, in each case in Birble’s determination, including based on the individual’s or group’s inclusion in a protected class as defined by applicable law.
B. Fraudulent or misleading uses or content, including:
(i) attempting to or fraudulently billing any learner, including by (i) falsifying or manipulating the hours, keystrokes, or mouse clicks recorded in the Mobile App, (ii) reporting, recording, or otherwise billing learners for time that was not actually worked, or (iii) on an hourly contract, reporting, recording, or otherwise billing hours worked by another person as hours worked by you in a way that is misleading or false;
(ii) misrepresenting your experience, skills, professional credentials or license, information or identity, including by representing a portion or all of another person’s profile, credentials or license as your own.
(iii) using a profile photo that is not you, misrepresents your identity or represents you as someone else.
(iv) falsely stating or misrepresenting your affiliation or relationship with a person or entity or impersonating any person or entity, including but not limited to a Birble representative or forum leader.
(v) falsely attributing statements to any Birble representative, forum leader, guide or host.
(vi) allowing another person to use your account, which is misleading to other Users;
(vii) Inciting or encouraging violence.
(viii) Posting identifying information concerning another person.
(ix) Spamming other Users with proposals or invitations, including by making unsolicited contact of Users off the Mobile App .
(x) Making or demanding bribes or demanding other payments without the intention of or without actually providing services in exchange for the payment.
(xi)Requesting or demanding free services.
(xii) Requesting a fee before or for accepting the appointment request of a learner
(xiii) Demanding additional fees over and above the displayed charges for an appointment or some other content.
C. Attempting to or actually manipulating or misusing the feedback and rating system, including by:
(i) withholding payment or work product or engaging in any other conduct for the purpose of obtaining positive feedback from another User or learner.
(ii) attempting to coerce another User, instructor or learner by threatening to give negative feedback;
(iii) expressing views unrelated to the work in the feedback system, such as political, religious, or social commentary.
(iv) providing anything of value to any person (including to a third party who provides assistance in obtaining feedback) or using any service of any type in order to obtain feedback; or
(v) offering services for the sole purpose of improving your feedback or rating score, which is also called feedback building.
(vi) Duplicating or sharing accounts.
(vii) Selling, trading, or giving an account to another person without Birble’s consent.
(viii) Sharing or soliciting Means of Direct Contact with or from another User either directly through messages or by including Means of Direct Contact in a post, profile, proposal or other User Content
(ix) Directly or indirectly advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services, including advertising on Birble to recruit Instructors and/or Learners to join an Agency or another application or company.
D. Interfering or attempting to interfere with the proper operation of the Services or any activities conducted on the Mobile App, including by:
(i) overriding any security feature or bypassing or circumventing any access controls or use limits of the Services.
(ii) attempting to or actually interfering with or compromising the system integrity or security of the systems running the Site or attempting to or deciphering any transmissions to or from the systems running the Site.
(iii) using any robot, spider, scraper, or other automated means to access the Mobile App for any purpose without our express written permission.
(iv) copying, using, disclosing or distributing any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Birble.
(v) collecting or harvesting any personally identifiable information from the Mobile App, including Account names.
(vi) attempting to or imposing an unreasonable or disproportionately large load (as determined by Birble) on the Mobile App’s infrastructure.
(vii) introducing any Malware or any other harmful or malicious code on the Mobile App or in relation to the Services.
(viii) attempting to or accessing the Services by any means or technology other than the interface provided by us; or
(ix) framing or linking to the Services except as permitted in writing by Birble.
E. Conduct or actions that could jeopardize the integrity of or circumvent the Services or Birble’s proprietary information, including:
(i) attempting to or actually reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for the Services or any related technology that is not open source; or
(ii) accessing or using the Services to build a similar service or application, identify or solicit Users of the Mobile App, or publish any performance or benchmark test or analysis relating to the Mobile App.
5.2 Enforcement and Termination
We reserve the right to investigate any potential violation of this Section 5 or any other potential violation of these terms and conditions and to remove, disable access to, or modify any content on the Mobile App. We do not guarantee we will take action against all breaches of the terms and conditions, and our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We may terminate your use of the Mobile App at any time, which will mean you lose the right to access or use the Services. Our rights to use and disclose your feedback, our and Users’ and Visitors’ rights to access content you shared through the Services, and Section 5 of these terms and conditions shall survive any such termination, subject to applicable laws.
5.3 Reporting Violations
If you become aware of any violation of these terms and conditions, please report it by contacting us at support@birble.app. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these terms and conditions.
6. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Birble, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Mobile App or the content, materials and functions related thereto, the Services, User’s provision of information via the Mobile App, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
(i) provision of or failure to provide all or any service by Instructors to Learners or any End-Users contacted or managed through the Mobile App.
(ii) any content posted, transmitted, exchanged or received by or on behalf of any Instructor or User or another person on or through the Mobile App.
(iii) any unauthorized access to or alteration of your transmissions or data; or
(iv) any other matter relating to the Mobile App or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Birble App or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
7. INDEPENDENT CONTRACTOR
7.1 Instructors on the Birble App are independent contractors and are not employees or agents of Birble.
7.2 You (Instructor) are an independent contractor and nothing in this Agreement will be construed as establishing an employment or agency relationship between you and Birble. You have no authority to bind Birble by contract or otherwise. You retain sole and absolute discretion regarding acceptance of an Appointment and in the manner and means of carrying out the Services and completing the Appointment. You will not be entitled to any benefits paid or made available by Birble to its employees, including, without limitation, any vacation, sick leave or similar pay or benefit, or to participate in any plans, arrangements or distributions made by Birble pertaining to any bonus, stock option, profit sharing, insurance or similar benefits. For clarity, at no time will you represent or talk on behalf of Birble in any manner.
8. PAYMENT
General
8.1 If you successfully register as an Instructor on the Mobile App, provide advisory services and content in compliance with Birble’s Terms & Conditions, which may be updated from time to time, and provide accurate documentation as requested by Birble, you may be entitled to receive payment from Birble for the advisory services and content provided by you. In the event that you are eligible to receive payment from Birble, in order to receive such payment, you will be required to provide identity documents and bank details (together referred to as ‘Instructor Verification Details’). In order to receive payment, successful verification by Birble of the ‘Instructor Verification Details’ is required. Once submitted, ‘Instructor Verification Details’ cannot be changed. Your payment will be withheld until the ‘Instructor Verification Details’ are provided and verified. If ‘Instructor Verification Details’ are not provided or cannot be verified by Birble within three (3) months of the payout due date, your payments will be voided by Birble. Birble will not be responsible for any delay or non-payment due to a non-functional or a deactivated bank account.
8.2 The money debited from learners’ AskBirble wallets after their successful & satisfactory completion of appointments and/or after their purchase of content will keep on updating in the ‘Earnings’ section of the Birble App for Instructors. Birble will deduct 10% as its commission from the ‘Earnings’ shown in your account. Thus, the amount you are entitled to receive for a particular month will be 90% of that month’s earnings minus applicable taxes, if any. You will be paid the amount you are entitled to for a particular month by the end of the following month.
8.3 You acknowledge and agree that Birble reserves the right, in its sole discretion, to prospectively modify its payment terms at any time. By continuing to accept appointments, provide advice and upload Content after we have posted a modification on the Mobile App or on www.birble.app, you agree to be bound by the modified payment terms. If the modified payment terms are not acceptable to you, your only recourse is to cease using the Mobile App.
Payment terms to Instructors
8.4 Provision of your UPI ID and Permanent Account Number (PAN) is compulsory to be considered for payment of your earnings.
8.5 Active accounts need to reach the payment threshold of one thousand rupees (INR 1,000) to qualify for a payment. We don’t issue payments for less than this threshold.
8.6 You’ll be paid out when your outstanding earnings reach the payment threshold of Rs.1,000, as long as there are no holds on your account and you’re in compliance with our terms and conditions.
8.7 If your account is in good standing through to the time when Birble issues you a payment, we will pay you by the end of the calendar month following any calendar month in which the balance reflected in your account equals or exceeds the applicable payment threshold.
8.8 If Birble is investigating your compliance with our terms and conditions or you have been suspended or terminated, your payment may be delayed or withheld.
8.9 To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account, and ultimately comply with our terms and conditions.
8.10 Unless expressly authorized in writing by Birble, you may not enter into any type of arrangement with a third party where that third party receives payments made to you by Birble.
8.11 Payments will be calculated solely based on Birble’s accounting. You acknowledge and agree that you are only entitled to payments which Birble has received from its users; if, for any reason, Birble does not receive payment from a user or credits such payment back to a user, you are not entitled to be paid for providing any service or content to such a user.
8.12 Birble has the right to withhold or adjust payments to you to exclude any amounts Birble determines arise from prohibited application uses as mentioned in Section 5 of these terms and conditions and also includes invalid activity. Invalid activity includes, but is not limited to, (i) invalid appointment bookings , invalid consultations, invalid content, or other invalid actions on the Birble app generated by any person, bot, automated program or similar device, including through any clicks or impressions, queries, conversions, or other events originating from your IP addresses or computers under your control; (ii) appointment bookings, content downloads or other actions solicited or generated by payment of money or false representation (iii) any actions indicating intentional misconduct. In the event Birble detects invalid activity, either before or after issuing a payment for that activity, Birble reserves the right to debit the earnings in your account, and adjust future payments accordingly, for all invalid activities associated with your account.
Termination, Suspension, and Entitlement to Further Payment
8.13 Birble may at any time, without providing a warning or prior notice, temporarily suspend further payments on your account, or suspend or terminate your account because of, among other reasons, invalid activity or your failure to otherwise fully comply with our terms and conditions. Birble can close your account if your account remains inactive for a period of 3 or more consecutive months. If Birble closes your account due to inactivity, and the balance reflected in your account equals or exceeds the threshold of Rs.1,000, we will pay you that balance, subject to our payment provisions.
8.14 If Birble terminates your account due to your breach of our terms and conditions, including, but not limited to, your causing or failing to prevent invalid activity, or your failure to otherwise fully comply with the terms and conditions, you will not be entitled to any further payment from Birble for any prior earnings. If you breach our terms and conditions or Birble suspends or terminates your Account, you are prohibited from creating a new account.
8.15 If you dispute any payment made or withheld relating to your use of the Birble app, or, if Birble terminates your account and you dispute your termination, you must notify Birble within 30 days of any such payment, non-payment, or termination by submitting an appeal. If you do not, any claim related to the disputed payment or your termination is waived. If you do, the dispute will be resolved in accordance with the dispute resolution clause under section 12 of these terms and conditions.
8.16 You may permanently terminate your use of the Birble app at any time by completing the account cancellation process, which can be initiated after you send us an email on support@birble.app for the same. Your account will be considered terminated within 10 business days of the completion of this process. If you terminate your account and the balance reflected in your account equals or exceeds the threshold of one thousand rupees, we will pay you that balance, subject to the payment provisions, within approximately 90 days after the end of the calendar month in which you terminated your use of the Birble app. Any balance reflected in your account below the applicable threshold will remain unpaid.
Taxes
8.17 You are responsible for all taxes (if any) levied on the services and content provided by you on the Birble app, other than taxes based on Birble’s net income. All payments to you from Birble in relation to the services and content provided by you on the Birble app will be treated as inclusive of tax (if applicable) and will not be adjusted. If Birble is obligated to withhold any taxes from its payments to you, Birble will notify you of this and will make the payments net of the withheld amounts. Birble will provide you with original or certified copies of tax payments (or other sufficient evidence of tax payments) if any of these payments are made by Birble.
9. REFUNDS
If you, the Learner, have faced any deficiency of service from an Instructor, you may raise a grievance in accordance with section 13 of these terms and conditions and request a claim for your refund by mailing on support@birble.app.
The genuinity and reasonableness of the requests for the refund will be assessed by our team and in case of successful claim, we will initiate the refund within 30 days of our decision. In case of successful claim, you will receive the net amount which was payable to the Instructor, and will not include our service charge, if any.
10. INTERACTIONS WITH USERS
As an Instructor or Learner, you acknowledge and agree to the following:
10.1 You are solely responsible for your interactions with Users. You understand that Birble does not in any way screen Users. You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in using the Mobile App, the Service and providing advice, content and disclosing personal information to Users. You agree to take reasonable precautions in all interactions with Users.
10.2 Birble reserves the right to contact Instructors, Learners and any other Users in order to evaluate compliance with the rules and policies set forth in the Terms of Service and any other policies applicable to use of the Service. If you ever believe that a Learner, User or another Instructor has violated the law or is defrauding, threatening or endangering anyone, Birble urges you to immediately contact the police directly for help.
10.3 You will not share your personal contact information with Users via the Mobile App. Neither will you solicit any personal contact information of Users via the Mobile App.
10.4 You will not use the Site or Services or provide Services in any manner that harasses a User or another Instructor or could interfere with any other party’s use or enjoyment of the Site or Services.
10.5 You will respect the privacy of others and not use the Site or Services for unwelcome, rude or abusive communications or in any other manner as determined by Birble at its sole discretion.
10.6 You may not use the Site or Services to contact a User to meet in person.
10.7 Regardless of your educational qualifications and/or experience, you shall not provide any opinion or advice amounting to “Professional Advice”, including, but not limited to, advice on medical, legal and financial matters.
11. RETENTION AND REMOVAL
Birble may retain such information collected from Users of the Mobile App or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPDI Rules [Sensitive Personal Data or Information Rules]. Computer web server logs may be preserved as long as administratively necessary.
12. APPLICABLE LAW AND DISPUTE SETTLEMENT
12.1 Any dispute, controversy or claim arising out of or relating to the agreement should be settled by negotiation between the parties. In case of dispute between the Learner and Instructor, Birble will act as preliminary mediator to resolve the dispute amicably.
12.2 Shall negotiations fail,
(i) All disputes and differences arising between the parties hereto, including any dispute or difference in regard to the interpretation of any provision of term or the meaning thereof, or in regard to any claim of one party against other or in regards to rights and obligations of any party or parties hereto under this Agreement or otherwise, howsoever, or anything else arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to arbitration under the “The Arbitration And Conciliation Act, 1996.”
(ii) The seat, or legal place of arbitration shall be Pune, Maharashtra, India
(iii) The governing law of the contract shall be laws of the jurisdiction of Birble, i.e., laws applicable in the territory of India.
13. GRIEVANCE REDRESSAL
13.1 If a User has any questions concerning Birble, the Birble App, this Agreement, the Services, or anything related to any of the foregoing, Birble customer support can be reached at the following email address: support@birble.app
13.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website, the Mobile App or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Name: Abhishek Gaike
Phone: 95 95 64 77 34
Email: abhishek@birble.app
In the event you suffer as a result of access or usage of our applications by any person in violation of Rule 3 of the IT Rules, please address your grievance to the above person.
14. SEVERABILITY
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
15. WAIVER
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Birble. Any consent by Birble to, or a waiver by Birble of, any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for “any other” or subsequent breach.
16. INDEMNIFICATION
You will indemnify, defend, and hold harmless Birble, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party“) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Mobile App and the Services by you or your agents, including any payment obligations or default [described in Section 8 of these terms] incurred through use of the Site Services; (b) any Work Product or User Content developed, provided, or otherwise related to your use of the Site Services; (c) failure to comply with the Terms of Service by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents. For purposes of this Section 16, your agents include any person who has apparent authority to access or use your account demonstrated by using your username and password.
(“Indemnified Claim”) means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.
(“Indemnified Liability”) means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.
17. NOTICES
All the communication to Birble shall be made on following email address:
support@birble.app
18. DEFINITIONS
In these terms, unless the context otherwise requires:
18.1 Content means any data in the form of electronic audio, visual, digital, or informational material or electronic publicity or promotion uploaded by the Learner or Instructor or on his/her behalf or for others on the Birble Website/Mobile App and that is disseminated on the Internet or disseminated by other means of media transfer by the Learner or Instructor.
18.2 Professional Advice means advice pertaining to financial, medical, business or legal matters given by a person in the performance of the functions attaching to the person’s professional capacity or advice of a medical doctor, attorney, certified public accountant, actuary, or other licensed professional adviser.