Learning Content Creator Terms of use

Last Updated: Sept 15, 2020

Learning Content Creator Terms of Service

Incus Inc. ("Incus", "our", "us" or "we") provides an online platform that connects Learning Content Creators with individuals seeking tutoring services and other services related thereto (collectively, the "Services") through our Web Platform and subdomains, accessible at www.incus.online, Android and IOS Mobile Applications Incus Quiz App , Train App (the "Platform"). The Services include the ability for Users and Learning Content Creators (each as defined below) to interact via the Incus platform's interface or other methods as may be made available by Incus from time to time.

Please read carefully the following terms and conditions ("Learning Content Creator Terms of Service") and our Privacy Policy, which may be found at https://incus.online/privacypolicy. These Learning Content Creator Terms of Service govern your access to and use of the Site,Platform, Services, and Collective Content (defined below) and constitute a binding legal agreement between you and Incus. The Incus User Terms of Service, accessible at https://incus.online/termsofuse are incorporated herein by reference and apply to use of the Services as a User (defined below). To the extent that there is any conflict between these Incus Learning Content Creator Terms of Service and the Incus User Terms of Service, these Incus Learning Content Creator Terms of Service shall be deemed the controlling terms.

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE LEARNING CONTENT CREATOR TERMS OF SERVICE BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE "LEGAL DISPUTES AND ARBITRATION" SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "LEGAL DISPUTES" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND INCUS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION

Key Service-related Terms

"Content" means text, graphics, images, software, audio, video, information or other materials.

"Collective Content" means, collectively, Incus Content and User Content.

"Learning Content Creator" means a tutoring or educational services provider or any user who uploads Learning Videos or Creates MCQ based Quiz Tournaments on Incus Platform accessible via the Services.

"Incus Content" means Content that Incus makes available through the Platform or Services, including any Content licensed from a third party, but excluding User Content.

"Lesson Services" mean any tutoring or educational services a User may receive from a Learning Content Creator related to a User's Incus account or the Services.

"User" means a person who seeks and/or schedules Lesson Services for a student or for his or herself (e.g. a student, parent or guardian).

"User Content" means Content that a Learning Content Creator or User posts, uploads, publishes, submits or transmits to be made available through the Platform or Services in connection with the Lesson Services or otherwise, including, but not limited to, Questions and related answers posted by Users and Learning Content Creators via the Services.

As a Learning Content Creator, your use of the Services is governed by the policies, terms and conditions herein. THE PLATFORM AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS AND LEARNING CONTENT CREATORS FEATURED ON THE PLATFORM AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT INCUS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND LEARNING CONTENT CREATORS. AS MORE FULLY DETAILED BELOW AND TO THE FULLEST PERMITTED BY APPLICABE LAW, INCUS DISCLAIMS ALL LIABILITY RELATED TO THE LESSON SERVICES OR THE CONDUCT OF USERS, LEARNING CONTENT CREATORS OR OTHER USERS OF THE PLATFORM OR SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, LEARNING CONTENT CREATORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF LESSON SERVICES PROVIDED BY LEARNING CONTENT CREATORS ARE DONE AT THE PARTIES' SOLE RISK.

Certain areas of the Platform (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree to and accept additional terms and conditions. If there is a conflict between these Learning Content Creator Terms of Service and terms and conditions posted for a specific area of the Platform, Services or Collective Content, the terms and conditions posted for the specific area of the Site, Services, or Collective Content will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE PLATFORM OR SERVICES, OR YOUR INCUS ACCOUNT, OR BY POSTING ANY CONTENT ON THE PLATFORM OR THROUGH THE SERVICES IN CONNECTION WITH YOUR LESSON SERVICES OR OTHERWISE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE LEARNING CONTENT CREATOR TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE,INCUS QUIZ APP,TRAIN APP. IF YOU DO NOT AGREE TO THESE LEARNING CONTENT CREATOR TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, INCUS QUIZ APP,TRAIN APP, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these Learning Content Creator Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Learning Content Creator Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity

When you sign up to become an Learning Content Creator (Learning Content Creator or Teacher or Course Creator) on the Incus platform, you agree to abide by these Learning Content Creator Terms ("Terms"). These Terms cover details about the aspects of the Incus platform relevant to Learning Content Creators and are incorporated by reference into our Terms of Use, the general terms that govern your use of our Services. Any capitalised terms that aren't defined in these Terms are defined as specified in the Terms of Use.

As an Learning Content Creator, you are contracting directly with Incus Inc. regardless of whether another Incus subsidiary facilitates payments to you.

Relationship Between Us

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

Permission to use Incus's Platform. Learning Content Creator acknowledges that Incus provides an Internet-based WebPlatform https://www.incus.online and Mobile Apps on IOS and Android called Incus Quiz App and Train App,collectively called "Platform" for Learning Content Creators to Create Quiz Tournaments and Short Learning Videos to publish.. By entering into this Agreement, Learning Content Creator seeks permission to access Incus's Platform subject to the terms and conditions set forth in this Agreement

Learning Content Creator status. Learning Content Creator acknowledges that Incus provides only an Internet-based marketplace for individuals seeking the services of a Learning Content Creator to identify and retain the services of individuals seeking to provide tutoring services. Learning Content Creator further acknowledge that Incus does not directly or indirectly engage Learning Content Creator to render any services whatsoever and that any engagement of Learning Content Creator's Tutoring services through the Incus Platform is undertaken exclusively by the individual who has selected Learning Content Creator through the Platform to provide tutoring services ("Learning Content Creator's Student"). Neither this Agreement, the Terms of Use, nor use of the Platform creates an independent contractor, employee/employer, partnership, joint venture, or franchiser-franchisee relationship between Learning Content Creator and Incus. It is the parties' intention that Learning Content Creator will be an independent business providing tutoring services and not an independent contractor of Incus or Incus's employee for any purposes

Non-exclusivity. Learning Content Creator and Incus acknowledge that this Agreement is nonexclusive and Learning Content Creator is free to engage in and simultaneously perform any employment or other services during the pendency of this Agreement. Nothing herein precludes Learning Content Creator from advertising or providing Learning Content Creator 's services to the general public. Learning Content Creator may not advertise or offer to sell any goods or services for any commercial purpose on the Platform that are not relevant to providing tutoring services on an independent basis.

Copyright Assignment.

Incus does not claim ownership of content that Learning Content Creator provides on the Platform including, but is not limited to, Multiple Choice QuestionS (MCQ) ,Quiz Tournaments, articles, lessons, worksheets, tutorials, files, testimonials, reviews, video submissions, and blog entries ("Platform Content") and shall have no obligation of any kind with respect to such content. Unless otherwise stated herein, any Platform Content that Learning Content Creator provides in connection with the Platform shall be deemed to be provided on a non-confidential basis. Incus shall be free to use or disseminate such Platform Content on an unrestricted basis for any purpose, and Learning Content Creator grants Incus an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish any Platform Content (including in digital form). Learning Content Creator represents and warrants that Learning Content Creator has proper authorisation for the worldwide transfer and processing among Incus, its affiliates, and third-party providers of any information that Learning Content Creator may provide and publish on the Site.

·As Learning Content Creator Except as otherwise agreed, Incus's right to sublicense the rights in this section will terminate with respect to new users 3 years after the Submitted Content's removal. However, (1) rights given to students before the Submitted Content's removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) Incus's right to use such Submitted Content for marketing purposes shall survive termination.

We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant Incus permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or Incus's content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

Learning Content Creator obligations, duties and responsibilities

As an Learning Content Creator, you are responsible for all content that you post, including Course Description Page content, Live streaming interactive sessions ,Video lectures, PowerPoint Presentations, assignments, coding exercises, Mock tests , MCQ quizzes, answers, resources, and announcements ("Submitted Content").

As an Learning Content Creator, you represent, warrant, and covenant that:



  • You are and shall be responsible for all of Your Submitted Content. Further, you agree that You own or possess the necessary licenses, rights, consents, and permissions to use said Submitted Content, as well as the authority to authorize Incus to reproduce, distribute, promote, market, communicate to the public, publicly display, publicly perform in any manner seen fit by Incus (including, but not limited to, digital audio and/or digital video transmission), and otherwise use and exploit any of Your Submitted Content on and through the Services in the manner contemplated by these Learning Content Creator Terms
  • You shall not submit any Content that infringes upon or is a misappropriation of any intellectual property right of a third party
  • You will provide and maintain accurate account information;
  • You will ensure to deliver the service with best quality that matches the industry standards & respond to the students queries promptly with regard to the instruction services that you would be delivering.
  • You will not upload, post, transmit, or otherwise provide any racist, sexist, pornographic, obscene, hateful, misleading, incorrect, false, infringing, defamatory, libellous, or otherwise offensive or inappropriate content or information through the Services or to any User;
  • You will not upload, post, transmit, or otherwise provide any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitation (commercial or otherwise) through the Services or to any User;
  • You shall not introduce to the Service any virus, malware, spyware, worm, or any other computer code, file, or program that is intended to or that may damage, degrade, compromise, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Services or operation thereof, nor shall you scrape, spider, use a robot, or use any other automated means of any kind to access the Services;
  • You shall respond promptly to students questions, requests, and other communications, Further, you shall ensure that you shall provide at all times a quality of service commensurate with the accepted standards of your industry and instruction services in general.
  • You have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
  • Your Submitted Content will not infringe or misappropriate any third party's intellectual property rights;
  • You own or have the necessary licenses, rights, consents, permissions, and authority to authorize Incus to use your Submitted Content as specified in these Terms and the Terms of Use;
  • You will not interfere with or otherwise prevent other Learning Content Creators from providing their services or courses; or
  • You will not post, promote, broadcast or transmit any unauthorized or unsolicited or promotional materials, advertising, junk mail, spam, or any other form of commercial or otherwise promotional propaganda and advertisement through the Services or to any user;
  • You will not abuse Incus resources, including support services.
  • You will not frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services
  • You will not engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording or video recording or images or animations;
  • You will not use the Services delivered on Incus Platform for business other than providing coaching, teaching, tutoring and instructional design services to students
  • You will not impersonate another person or gain unauthorized access to another person's account;
  • You agree to not conduct yourself in an unprofessional manner, including, without limitation, using profanity or other objectionable language with users.
  • You agree to not violate the Service's Quality, including, without limitation, helping a student to cheat, completing graded assignments for a student, etc. Engage in conduct that could artificially impact your reviews on the Platform or Service, including, without limitation, unnecessarily splitting Learning Content Creator lessons/sessions to get multiple reviews for what should have been a single lesson/session, incentivizing users to provide positive reviews, intimidating users associated with their review, etc.
  • You agree to not engage in any form of plagiarism.
  • You agree to not engage in any conduct with the intent or result to trick the Service or Platform to garner additional payments.
  • You agree to not engage in any fraudulent activity in connection with the Service or Site, including, without limitation, accepting payment for lessons/sessions that did not occur, allowing multiple lessons/sessions to occur simultaneously, etc.
  • You agree to not share Accounts or accounts with Third-Party payment services with anyone
  • You agree to not attempt to become a Learning Content Creator on the Service after being deactivated or terminated.
  • You agree to not use, display, mirror or frame the Site, or any individual element within the Platform or Services, Incus's name, any Incus trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Incus's express written consent;
  • You agree to not access, tamper with, or use non-public areas of the Site, Incus's computer systems, or the technical delivery systems of Incus's creators;
  • You agree to not attempt to probe, scan, or test the vulnerability of any Incus system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Incus or any of Incus's creators or any other third party (including another user) to protect the Site, Services or Collective Content;
  • You agree to not attempt to access or search the Site, Services or Collective Content or download Collective Content from the Platform or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Incus or other generally available third party web browsers;
  • You agree to not send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • You agree to not use any meta tags or other hidden text or metadata utilizing a Incus trademark, logo URL or product name without Incus's express written consent;
  • You agree to not use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Learning Content Creator Terms of Service or any other policies applicable to use of the Site, Services or Collective Content;
  • You agree to not forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
  • You agree to not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
  • You agree to not interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform or Services;
  • You agree to not collect or store any personally identifiable information from the Platform or Services from other users of the Platform or Services without their express permission;
  • You agree to not impersonate or misrepresent your affiliation with any person or entity;
  • You agree to not provide to Incus or use as your profile image any fake image or images of celebrities, cartoons, or avatars;
  • You agree to not violate any applicable law or regulation; or
  • You agree to not encourage or enable any other individual to do any of the foregoing.
  • You agree that you will comply with all applicable local, state, national and foreign laws, treatises and regulations in connection with your provision of Lesson Services.
  • You agree that you are solely responsible for the content of the communications, assistance and direction that you provide as part of the Lesson Services.
  • You agree that you are solely responsible for all equipment necessary to access and use the Platform and Services and to provide Lesson Services. If we determine that there have been, or receive reports of, repeated technical issues with your provision of tutoring services, we may suspend or terminate your Account.
  • You agree that you will not record or otherwise store any Lesson Service sessions or Content that you access or provide through the Platform or Services (except as expressly permitted by Incus or for disaster recovery purposes).
Incus will have the right to investigate and prosecute violations of any of the above to the fullest extent permitted by applicable law. Incus may involve and cooperate with law enforcement authorities or third parties in investigating and prosecuting users who violate these Learning Content Creator Terms of Service or any other policies applicable to use of the Services. Incus acts as a technology service that facilitates the provision of Lesson Services between Learning Content Creators and Users. You acknowledge that Incus has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Platform and Services, to ensure your compliance with these Learning Content Creator Terms of Service or any other policies applicable to use of the Services, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Incus reserves the right, at any time and without prior notice, to (i) remove content from the Service at any time for violations of these Learning Content Creator Terms of Service or other policies applicable to use of the Service; (ii) give a Learning Content Creator the opportunity to amend content it believes to be in violation of these Learning Content Creator Terms of Service or other policies applicable to use of the Service.; and (iii) take appropriate action against a Tutor. Nonetheless, you agree that, to the fullest extent permitted by applicable law, Incus is not responsible for any User Content or any Learning Content Creator's failure to comply with these Learning Content Creator Terms of Service or other policies applicable to use of the Service. Without limiting the terms of the "Limitation of Liability" section below and to the fullest extent permitted by applicable law, Incus is not responsible for the use or exchange of any information, files or goods between Learning Content Creators and Users

Learning Courses created by Learning Content Creators

· We have a well curated Vetting and Verification process before Incus permits a qualitative Learning Content Creator verified profile and Learning Content to be permitted to be listed on the Platform . Before starting to post, publish and List your Learning Content , Incus does scrutiny of a Demo sample content quality . Our Subject Matter expert committee will give feedback and also a sample of students give feedback on the Demo sample content of Video and Multiple Choice Questions (MCQs) Content ,only on the unanimous acceptance of Subject Matter expert committee and Students , we activate your Learning Content Creator Account for you to List Learning Courses , Online and Offline Tutoring Sessions on Incus Platform .

· To post,publish and create Quiz Tournaments and Short Learning Video Content (Learning Content) , you will be asked a variety of questions about the Learning Content to be listed, including, but not limited to, the subject, topic, number of sessions and related rules. Learning Content will be made publicly available via the Website, Mobile Applications Incus Quiz and Incus Train App (Platform). You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Learning Content Creators and Students preferences, ratings.
· Other Members will be able to view your Learning Content via the Platform, Application and Services based upon the information provided in your Learning Content, your Students requirements, and Students' search parameters and preferences.

· You acknowledge and agree that you alone are responsible for any and all Learning Content and Member Content you post. Accordingly, you represent and warrant that any Learning Content you post and the enrolment of Student for a Course that you offer as a Listing (i) will not breach any agreements you may have entered into with any third parties or any intellectual property rights of any third party, and (ii) will (a) be in compliance with all applicable laws, including Intellectual Property laws, and rules and regulations that may apply to any Course included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Incus assumes no responsibility for a Learning Content Creator's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Incus reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Incus, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Incus's then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services or Platform.

· As a Learning Content Creator, you understand and agree that Incus does not act as your contracting agent. If a Student requests an enrolment for your Course and attends at your lectures including (e-lectures), seminars, webinars, sessions, classes, any agreement you enter into with such Student is between you and the Student and Incus is not a party to it.

· As a Learning Content Creator, you understand and agree that your relationship with Incus is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Incus for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Incus. Incus does not control, your Listing, your offline activities associated with your Listing, or any other matters related to any Listing, that you provide. As a member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Incus, including by inappropriately using any Incus intellectual property.

· If you are a Learning Content Creator, Incus makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for enrolment for your Course. You acknowledge and agree that, as a Learning Content Creator, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who conduct the Course on your behalf, excluding the Students.

· While you are a published Learning Content Creator and subject to the requirements below, you may use our trademarks where we authorize you to do so.

· You must:

o only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish

o only use our trademarks in connection with the promotion and sale of your Incus courses or your participation on Incus; and

o immediately comply if we request that you discontinue use.

· You must not:

o use our trademarks in a misleading or disparaging way;

o use our trademarks in a way that implies that we endorse, sponsor, or approve of your courses or services; or

o use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.

Confidentiality.

· Learning Content Creator acknowledges that, during the performance of services, Learning Content Creator will have access to information relating to student's identity, address, contact information, and other personal information or requests for services ("Confidential Information").

· Learning Content Creator agrees that Learning Content Creator owes a duty to Learning Content Creator's Students, during the term of this Agreement and thereafter, to hold all such Confidential Information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out the services consistent with this Agreement.

Incus's Trust and Safety Policy

You agree to abide by Incus's Trust and Safety Policy and other course quality standards or policies prescribed by Incus from time to time. You understand that your use of the Services is subject to Incus's approval, which we may grant or deny at our sole discretion.

We reserve the right to remove Learning Content, and/or ban Learning Content Creators for any reason at any time, without prior notice, including in cases where:



  • an Learning Content Creator or course does not comply with our policies or legal terms (including the Terms of Use);
  • a Learning Content falls below our quality standards or has a negative impact on the student experience;
  • an Learning Content Creator engages in behaviour that might reflect unfavourably on Incus or bring Incus into public disrepute, contempt, scandal, or ridicule;
  • an Learning Content Creator engages the services of a marketer or other business partner who violates Incus's policies; or
  • as determined by Incus in its sole discretion.
Learning Content Creators don't have a direct contractual relationship with students, so the only information you'll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the Incus platform, and that you won't solicit additional personal data or store students' personal data outside the Incus platform. You will indemnify Incus against any claims arising from your use of students' personal data.

Learning Content Creator documents. Learning Content Creator acknowledges that a copy of all documents created or received by Learning Content Creator in connection with the administration of services performed hereunder ("Learning Content Creator Documents") may be retained by Incus and used for its administrative purposes. For purposes of this Agreement, Learning Content Creator Documents does not include materials solely associated with the teaching of Sessions including Session plans, notes, outlines, tests and homework and Incus acknowledges these materials belong to the Tutor.

Indemnity and hold harmless clause. Learning Content Creator agrees to indemnify and hold harmless Incus, its subsidiaries, affiliates, other independent contractors and their respective directors, officers, employees and agents, from and against any and all claims, losses, expenses, costs, liabilities and damages (including any legal fee and expenses), any and all injuries, whether direct, consequential or incidental in nature, which result from, are connected with or arise out of the performance by Learning Content Creator of work performed in relation to this Agreement, including any act by Learning Content Creator inconsistent with Learning Content Creator 's obligations and duties under this Agreement. Learning Content Creator understands that Incus offers an Internet-based marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. Accordingly, Incus makes no representations to Learning Content Creator about the suitability, character or background of any Incus user (including, without limitation, Learning Content Creator 's Students or their parents or guardians), nor does Incus perform any type of background check of users including, without limitation, Learning Content Creator 's Students or their parents or guardians). It is Learning Content Creator 's sole duty to exercise Learning Content Creator's own judgment, protocols and/or standards when considering whether to engage in tutoring services with a potential Learning Content Creator's Students. Learning Content Creator understands and agrees that it is Learning Content Creator's responsibility to conduct any and all background and reference checks regarding potential Learning Content Creator 's Students and other Platform users. Learning Content Creator is never obligated by Incus to pursue any tutoring opportunity.

Process of Learning Content Creation and issuing access to Learning Content Creator's Learning Content on Incus Platform



Creating and Uploading Quiz Tournaments on Incus Quiz App

Step 1: Learning Content Creators are scrutinised and verified by Incus

Step 2: Incus provides a Dashboard Login to verified Learning Content Creators to upload Quiz Tournaments and Multiple Choice Questions(MCQs) in the Quiz Tournaments through the Incus Platform , which get published under the specified category of Exam on the Incus Quiz Tournament App .

Step 3: After the Quiz Tournament is over , you get complete Analytics on Students details , of their Scores , Ranks, Location but not Contact details .

Step 4: We send the information about your Discount offers of Coaching programmes that you offer them due to their participation in Tournament in the form of In-App Notification . Those students , who want to buy your Services of Tutoring outside Incus Platform connects with you by their choice.



Creating and Uploading 3 Minute Learning Videos on Incus Train App

Step 1: Learning Content Creators are scrutinised and verified by Incus

Step 2: On the Incus Train App ,Incus provides an option to Upload recorded Learning Video of Maximum Length of 3 Minutes or Live Record a Learning Video and Upload . While Uploading Video , you need to add a Title, categorise it into respective Subject and Exam to which it is meant to be classified, in order to add it into the Video Feed to the Paid Subscribed Users.

Step 3: Learners and Users of Incus Train App , can bookmark your Video Feed, add your profile into their preferred Trainer, Like and Follow you. Learners also get opportunity to instant message and chat message you on your Page .

Obligation:

· By joining Incus Learning Content Creator agrees to the following regarding any student/parent Learning Content Creator meets through Incus-

o If any student suggests or solicits Learning Content Creator to do work (including tutoring, assignment help or any other kind of work) for student external to the Incus system, Learning Content Creator agrees to immediately report this event to Incus by phone AND in writing.

o Learning Content Creator can accept external solicitation of work (including tutoring, assignment help or any other kind of work) from any student.

o Learning Content Creator can accept any work from such students external to the Incus system. All work for a student will be done outside the Incus system only.

o For all commitments/representations of Learning Content Creator to Student other than those which are mentioned on website, Learning Content Creator alone would be liable and responsible towards Student, and shall also keep us indemnified and harmless against all such claims/disputes.

o Learning Content Creator is expected to conduct himself in a Learning Content Creator / Tutor/Coach/Tutor/Teacher like manner which is generally prevalent and acceptable in a Learning Content Creator/ Tutor/Coach/Tutor/Teacher and student like relationship.

  • Violation of Learning Content Creator Conduct Code - Without limitation to other remedies available to Incus, a Learning Content Creator found to be in violation of above code of conduct agrees to pay Incus for all consequential losses of revenues, earnings, and fees and also reimburse us for all costs and reasonable expenses (including legal fees) related to investigating such breach and pursuing collection of damages.
Advertisements and Promotions
Incus may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Incus found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Incus is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Incus advertisers on the Site.
Incus runs Google Ad-Sense advertisements or Incus placed advertisements on the content on Incus YouTube Channel where Learning Content Creator 's content is posted . Learning Content Creator agrees that he has no share in any Ad Revenue generated by Incus on such Advertisements .
Expenses.
· Learning Content Creator acknowledges that Incus will not reimburse Learning Content Creator for any expenses incurred by Learning Content Creator related to Tutor's rendering of services, including, without limitation, expenses associated with preparing for and administering sessions, educational and other materials, and transportation.
Content provided by URLs and Links
· You may find links to other websites or resources on the Site. You acknowledge and agree that Incus is not responsible for the availability and authenticity of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Incus will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Platform or resource.
Modification
· Incus reserves the right, at its sole discretion, to modify, discontinue or terminate the Platform or Services or to modify these Learning Content Creator Terms of Service. If we modify these Learning Content Creator Terms of Service we will post the modification on the Platform or provide you with other notice of the modification. We will also update the "Last Updated Date" at the top of these Learning Content Creator Terms of Service.

· By continuing to access or use the Platform or Services or taking other requested action after we have posted a modification on the Platform or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Learning Content Creator Terms of Service. If the modified Learning Content Creator Terms of Service are not acceptable to you, your only recourse is to cease using the Platform and Services.

Termination and Account Cancellation

· Incus reserves the right to suspend, disable, or terminate your Account and revoke your access to and use of the Platform,Site, Services and Collective Content at any time, with or without cause, including, without limitation, if you breach these Learning Content Creator Terms of Service. In the event Incus terminates your Account due to your breach of these Learning Content Creator Terms or Service or violation of any law, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to support@incus.online

· If your account is suspended and you apply to be reinstituted as a Learning Content Creator on the Service, Incus is under no obligation to honour such request but may do so in its sole discretion and in accordance with all Incus policies, procedures, or requirements for reinstitution applicable at that time.

· In case of Termination of your Account, You understand that if students and users have previously book marked or used your Learning Content, your name and that Submitted Content will remain accessible to those students after your account is deleted

Disclaimers

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. INCUS AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PLATFORM AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE PLATFORM AND SERVICES. INCUS DOES NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PLATFORM AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM AND SERVICES WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. INCUS DOES NOT WARRANT THAT PROVISION OF LEARNING CONTENT WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT.

YOU ACKNOWLEDGE AND AGREE THAT INCUS DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. INCUS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INCUS OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH LEARNING CONTENT CREATORS AND OTHER USERS OF THE PLATFORM AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH LEARNING CONTENT CREATORS OR USERS VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT INCUS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF LEARNING CONTENT CREATORS, USERS OR OTHER USERS OF THE PLATFORM OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR USERS OF THE PLATFORM OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES.

Indemnity

· To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold INCUS, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, your provision of any Lesson Services, or your violation of these Learning Content Creator Terms of Service or any other policies applicable to use of the Services.

Assumption of Risk

You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions, including without limitation following the recommendations set forth in Incus's Learning Content Creator and Student Safety Tips, when interacting with other users.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER INCUS NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE LEARNING CONTENT CREATOR TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH LEARNING CONTENT CREATORS, USERS OR OTHER USERS OF THE PLATFORM OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INCUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL INCUS'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE LEARNING CONTENT CREATOR TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNT OF USD 10 (US DOLLARS TEN). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INCUS AND YOU.

THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT INCUS'S OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE INCUS'S LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY INCUS, OR FOR INCUS'S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

Force Majure
· Incus is not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond our reasonable control.
Injunction
· You agree that any material breach of the Terms will result in irreparable harm to Incus for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Incus will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Incus seeks such an injunction.
Proprietary Rights Notices
· All trademarks, service marks, logos, trade names and any other proprietary designations of Incus used herein are trademarks or registered trademarks of Incus. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Entire Agreement

· These Learning Content Creator Terms of Service constitute the entire and exclusive understanding and agreement between Incus and you regarding the Site, Services and Collective Content, and these Learning Content Creator Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Incus and you regarding the Site, Services and Collective Content.
Assignment
· You may not assign or transfer these Learning Content Creator Terms of Service, by operation of law or otherwise, without Incus's prior written consent. Any attempt by you to assign or transfer these Learning Content Creator Terms of Service, without such consent, will be null and of no effect. Incus may assign or transfer these Learning Content Creator Terms of Service, at its sole discretion, without restriction.
· Subject to the foregoing, these Learning Content Creator Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
· Any notices or other communications permitted or required hereunder, including those regarding modifications to these Learning Content Creator Terms of Service, will be in writing and given: (i) by Incus via email (in each case to the email address that you provide); or (ii) by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
· Incus will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information
Legal Disputes and ArbitrationAny controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its Tutor, Learning Content Creator conduct, or the Terms shall be settled by binding arbitration in accordance with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. and before a single arbitrator chosen by CEO and Founder Member of Incus Inc. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in in Parsippany,New Jersey, USA and arbitration award shall be final and binding on the parties. Each party shall assume its own costs of arbitration.

All the transactions conducted through this Site shall be subject to exclusive jurisdiction of court at Parsippany, New Jersey, USA alone.

Translations

· Any version of these 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.

General

· The failure of Incus to enforce any right or provision of these Learning Content Creator Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Incus.

· Except as expressly set forth in these Learning Content Creator Terms of Service, the exercise by either party of any of its remedies under these Learning Content Creator Terms of Service will be without prejudice to its other remedies under these Learning Content Creator Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Learning Content Creator Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Learning Content Creator Terms of Service will remain in full force and effect.

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 Incus 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.

Contacting Incus

If you have any questions about these Learning Content Creator Terms of Service, please contact Incus at support@incus.online or at Incus Inc, , 350 Parsippany Rd Apt#7, Parsippany-Troy Hills, NJ 07054, United States
SEPTEMBER, 16 / 2020
Why wait, call us today or WhatsApp your interest to and we schedule a Call with Incus Support Team Executive.

E-mail: support@incus.online
Phone: +91-9888424240
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