Terms and Conditions
Opayl - Terms of Service
Last Updated on January 12, 2022
It is also notified that ‘We’, ‘Our’, ‘Us’ refers to ‘Opayl’. Similarly, ‘You’, ‘Your’, ‘User’ refers to each person accessing or using the Services.
About the Service
The service allows the users to avail course material for English language programmes and improve their English language proficiency.
Rules for Use of Service
Users need to be of at least 13 years of age in order to register for and use this service.
If you are a user who Signs up for the service, then you will be required to create a personalized account with a username and password to access the Service and receive messages from Opayl.
You undertake the responsibility to notify us immediately of any unauthorized use of your password and/or account. Opayl will not be responsible for any liabilities, losses, or damages caused due to unauthorized use of your username, password and/or account.
Restrictions for Usage
By accessing and using the Services, you agree that you will NOT under any circumstances:
- access the Service for any purpose other than personal, non-commercial usage as authorised by the Service's usual operation;
- obtain or harvest any personal data from any Site or Service user;
- use the Site or Service to solicit business in the course of a business or in conjunction with a commercial venture;
- without our express written consent, distribute any component or sections of the Site or Service (we provide public search engine operators permission to utilise spiders to copy materials from our site for the purpose of constructing publicly searchable indexes; nevertheless, we retain the right to revoke this licence on a general or specific basis at any time);
- use the Service for any illegitimate purpose or to promote illegitimate activity;
- try harassing, abusing, or harming another individual or group;
- without permission, access another user's account;
- allow another user to access your account on purpose;
- when enrolling for an account, submit fake or misleading information;
- obstruct or attempt to obstruct the Service's normal operation;
- take any action that we deem to impose or potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure, or make any automated use of the Site, the Service, or related systems, or take any action that we deem to impose or potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other steps we take to restrict access to the Service, or scrape, spider, or crawl the Service or harvest or alter data using any software, technology, or device;
- bypass, disable, or otherwise interfere with any security-related aspects of the Service, or features that prevent or restrict content use or copying, or impose restrictions on the use of the Service or the material accessible via the Service; or
- publish or link to harmful content of any kind, including that intended to harm or disrupt the browser or computer of another user.
Conduct Restrictions and Directions for Posting
You may be able to provide your name, email address, phone number, study preference, proficiency level ("User Content") to the Service when you create your own personalised account. User Content that you publish, upload, link to, or otherwise make available over the Service is strictly your responsibility.
You acknowledge that we are just acting as a passive conduit for your User Content's online distribution and dissemination. Opayl, on the other hand, maintains the right, in its sole discretion, to delete any User Content from the Service.
We provide you permission to use and access the Service, but only if you agree to the terms and conditions below regarding User Content. You acknowledge that failure to comply with any of these terms is a serious breach of these Terms.
You agree to the following terms by transmitting and submitting any User Content while using the Service:
- You are completely responsible for your account and any behaviour that takes place while you are logged in or using it;
- You will not publish any malicious, defamatory, false, or inaccurate information;
- You will not publish any content that is abusive, threatening, obscene, defamatory, libellous, or otherwise objectionable and offensive, whether it is racially, sexually, religiously, or otherwise;
- You maintain complete ownership of your User Content, but you must give the following rights to the Site and other users of the Service, as detailed below in the "License Grant" and "Intellectual Property" sections:
- You grant the Site a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, generate derivative works of, display, and perform User Content when you upload or publish it to the Site or the Service, and you grant each user of the Service a worldwide, non-exclusive, royalty-free licence to access your User Content via the Service, as well as to use, reproduce, distribute, generate derivative works of, display, and perform such Content to the extent permitted by the Service and these Terms of Service;
- You will not submit content that is copyrighted or subject to third-party proprietary rights, such as privacy, publicity, trade secrets, or others, unless you own or have permission from the lawful owner of such rights to specifically submit such content; and
- You acknowledge that we have the right to decide whether your User Content submissions are suitable and comply with these Terms of Service, to remove any and/or all of your submissions, and to terminate your account with or without notice;
- You acknowledge and agree that you are solely responsible for any liability, loss, or damage incurred as a consequence of the use of any User Content that you make available or access through your use of the Service. The Site is not liable for any misuse or public disclosure of your User Content;
- All User Content is not pre-screened or monitored by the Site, and therefore cannot be. However, we or the technology we use may monitor and/or record your activities with the Service or other Users at our discretion.
Disclaimer for Online Content
Opinions, advice, statements, offers, or other information or content made available through the Service but not directly by the Site are the responsibility of their respective authors and should not be relied upon. These authors are solely responsible for the content they provide.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or in the Service, and we do not accept, endorse, or bear responsibility for the accuracy or reliability of any other party's opinion, advice, or statement. We take no responsibility for any User Content that you or any other user or third party uploads or sends via the Service, and we disclaim any and all liability in connection with it. We shall not be liable for any loss or harm resulting from anyone's reliance on information or other content posted on the Service or transmitted to users under any circumstances.
When you use or access the Site or the Service, you may be exposed to User Content that is inaccurate or objectionable, despite our best efforts to enforce these Terms of Service. We reserve the right, but not the obligation, to monitor materials posted in public areas of the Site or the Service, to restrict or deny a user's access to the Service, or to take other appropriate action if a user violates these Terms of Service or engages in any activity that we deem unlawful, offensive, abusive, harmful, or malicious.
We shall treat emails received between you and other participants that are not readily accessible to the general public as private to the degree allowed by law. The Company has the right to remove any item that, in the Company's sole judgement, violates or is claimed to violate the law or this agreement, is objectionable, or violates, harms, or threatens the safety of users or others. Unauthorized usage could lead to criminal and/or civil charges under federal, state, and local laws. Please contact us at INSERT EMAIL if you become aware of an abuse of our Service or a violation of these Terms of Service.
Links to Third Party Sites and/or Materials
We may provide you with convenient links to third-party website(s) ("Third Party Sites"), as well as content or products belonging to or originating from third parties (the "Third Party Applications, Software, or Content"), as part of the Service. These links are given to Service subscribers as a courtesy.
Third Party Sites, Third Party Applications, Software, or Content, as well as the promotions, materials, information, goods, or services provided on these Third Party Sites, Third Party Applications, Software, or Content, are outside our control. The correctness, appropriateness, or completeness of such Third Party Sites and Third Party Applications, Software, or Content is not examined, monitored, or reviewed and we are not responsible for any Third Party Sites accessed through the Site, or any Third Party Applications, Software, or Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practises, or other policies of or contained in the Third Party Sites or the Third Party Applications, Software, or Content, including the content, accuracy, offensiveness, opinions, reliability, privacy practises, or other policies of or contained in the Third Party Sites or the Third Party Applications, Software as well as Content.
Any Third Party Site or any Third Party Applications, Software, or Content that we include, link to, or allow the use or installation of does not imply our approval or support. You do so at your own risk if you leave the Site and access Third Party Sites, or if you use or install any Third Party Applications, Software, or Content. Our rules and policies, including these Terms of Service, no longer apply. You should read the terms and policies of each Third Party Site to which you navigate from the Site, as well as the privacy and data collection practices of any applications you use or install from the Third Party Site.
Copyright Agent and Copyright Complaints
- Accounts of Repeat Infringers are being terminated. We respect other people's intellectual property rights and expect our users to do the same. We have created and implemented a policy that provides for the termination of users of the Service who are repeat infringers in appropriate circumstances, in accordance with SECTION NUMBER of the NAME OF COUNTRY COPYRIGHT ACT. Participants or users who are regularly detected providing or posting protected third-party content without the requisite rights and authorization may have their access terminated.
- Take-Down Notices under the NAME OF THE ACT. If you are a copyright owner or agent and think that any items offered on the Service infringe on your copyrights, you may file a notification under the NAME AND SECTION NUMBER by writing to our authorised copyright agent at ADDRESS. You should include the following information while writing to our copyright agent.
- The date on which you were notified;
- A signature of a person authorised to act on behalf of the owner of an exclusive right that is purportedly infringed, either physically or electronically;
- A description of the allegedly infringed copyrighted work, or a representative list of such works at that site if numerous copyrighted works at a single internet site are covered by a single notification;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity, as well as information that will allow us to find the work in question;
- Information such as an address, phone number, and/or email address that is reasonably sufficient to allow the service provider to contact you;
- A statement that you have a good faith belief that the copyright owner, its agent, or the law do not authorise use of the content in the way complained of; and
- A statement that the information in the notification is correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed, signed under penalty of perjury.
- Counter-Notices. If you believe that the content in your User Content that has been removed from the Site is not infringing, or that you have permission from the copyright owner, the copyright owner's agent, or the law to post and use the content in your User Content, you may send a counter-notice with the following information to our copyright agent using the contact information provided above:
- Your signature, whether physical or electronic;
- A description of the content that was removed, as well as the location where it was before it was removed;
- A statement stating that you have a good faith conviction that the content was removed due to a mistake or misidentification; and
- Name, address, phone number, and email address, as well as a statement that you consent to the federal court's jurisdiction in ABC and that you will accept service of process from the person who reported the alleged infringement.
If our copyright agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party, alerting that person that the removed content may be reinstated in fifteen (15) business days. The withdrawn content may (in our exclusive discretion) be reinstalled on the Site in fifteen (15) to twenty (20) business days or more following receipt of the counter-notice unless the copyright owner pursues an action seeking a court order against the content provider, member, or user.
Grant of Licence
You expressly grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained therein by posting any User Content via the Service.
Intellectual Property Rights
You acknowledge and agree that all intellectual property rights relating to the Service, including applicable copyrights, trademarks, and other proprietary rights, are the property of us and our licensors. Other product and business names featured on the Service may be trademarks or registered trademarks of their respective owners. All rights not expressly granted to you under these Terms of Service are reserved by us.
Notice through Email Not to be Used
In any scenario where legal notice is needed by contract, law, or regulation, communications made through the Service's email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents, or representatives.
User Consent for Receiving Communications in Electronic Form
You agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing for contractual purposes: (a) consent to receive communications from us in an electronic form via the email address you have provided; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The preceding has no bearing on your non-waivable rights.
Your email address may also be used to send you other messages, such as information about the Site or Service, as well as special offers. Change your account settings, use the "Unsubscribe" link in the message, or send an email to ENTER EMAIL or mail to the following postal address to opt out of similar emails:
You may not get messages about the Site, the Service, or special offers if you opt out.
THE SERVICE IS PROVIDED "AS IS," WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, WITHOUT LIMITING THE FOREGOING. YOU ASSUME FULL RESPONSIBILITY AND THE RISK OF LOSS ASSOCIATED WITH THE DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SERVICE.
Limitation of Damages
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH US OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
If you have a disagreement with one or more users, trainers, a third-party service provider, or a merchant of a product or service that you review using the Service, you agree to release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes
We reserve the right to change these Terms of Service at any time, and we will notify you of any changes. It is solely your responsibility to check the Site from time to time to see if this agreement has changed. Your continued use of the Site or Service indicates that you agree to the changes to these Terms of Service. If there are any material changes to the Terms, we will try to notify you by posting a notice on our homepage and/or sending an email to the email address you provided to us when you registered. You should also keep your contact and profile information up to date for this reason.
You agree that any cause of action arising out of or related to your relationship with the Company must be filed within ONE YEAR of the date the cause of action arises. Otherwise, such a cause of action will be barred indefinitely.
The NAME OF LAWS of the NAME OF COUNTRY governs these Terms of Service and your use of the Site, without regard to conflict of law provisions.
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