Terms of Use
These Terms of Use (“Terms”) were last updated on May 8, 2023.
Please review these Terms carefully as they serve as an enforceable contract between us and contain important information about your legal rights, remedies, and obligations.
IF YOU LIVE IN NIGERIA OR ECOWAS, BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH UDNOMICSCONCEPT IN SMALL CLAIMS COURT OR THROUGH BINDING INDIVIDUAL ARBITRATION ONLY, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTIONS AND TO HAVE CLAIMS DECIDED BY A JURY, AS EXPLAINED IN THE DISPUTE RESOLUTION SECTION.
Udnomicsconcept’s mission is to improve lives through learning. We enable anyone anywhere to create and share educational content (instructors) and to access that educational content to learn (students). We consider our marketplace model the best way to offer valuable educational content to our users. We need rules to keep our platform and services safe for you, us, and our student and instructor community.
These Terms apply to all your activities on the Udnomicsconcept website, the Udnomicsconcept mobile applications, our TV applications, our APIs, and other related services (“Services”).
If you publish a course on the Udnomicsconcept platform, you must also agree to the Instructor Terms. We also provide details regarding our processing of personal data of our students and instructors in our Privacy Policy. If you are using Udnomicsconcept as part of your employer’s Udnomicsconcept Business learning and development program, you can consult our Udnomicsconcept Business Privacy Statement.
Our Instructor Terms, Privacy Policy, and other Udnomicsconcept policies applicable to your use of our Services are incorporated by reference into these Terms.
Our website and apps cause communications about your browsing and app activities and app usage to be sent from you to third parties who provide services to Udnomicsconcept. By using our Services, you consent to these communications.
Table of Contents
TERMS OF USE
TABLE OF CONTENTS
1. ACCOUNTS
2. CONTENT ENROLLMENT AND LIFETIME ACCESS
3. PAYMENTS, CREDITS, AND REFUNDS
3.1 Pricing
3.2 Payments
3.3 Refunds and Refund Credits
3.4 Gift and Promotional Codes
4. CONTENT AND BEHAVIOR RULES
5. UDNOMICSCONCEPT’S RIGHTS TO CONTENT YOU POST
6. USING UDNOMICSCONCEPT AT YOUR OWN RISK
7. UDNOMICSCONCEPT’S RIGHTS
8. SUBSCRIPTION TERMS
8.1 Subscription Plans
8.2 Account Management
8.3 Free Trials & Renewals
8.4 Payments and Billing
8.5 Interactive Session Restrictions
8.6 Subscription Disclaimers
9. MISCELLANEOUS LEGAL TERMS
9.1 Binding Agreement
9.2 Disclaimers
9.3 Limitation of Liability
9.4 Indemnification
9.5 Governing Law and Jurisdiction
9.6 Legal Actions and Notices
9.7 Relationship Between Us
9.8 No Assignment
9.9 Sanctions and Export Laws
10. DISPUTE RESOLUTION
10.1 Dispute Resolution Overview
10.2 Mandatory Informal Dispute Resolution Process
10.3 Small Claims
10.4 Arbitration
10.5 General Arbitration Rules
10.6 Fees and Costs
10.7 No Class Actions
10.8 Changes
10.9 Improperly Commenced Arbitration
11. UPDATING THESE TERMS
12. HOW TO CONTACT US
1. Accounts
You need an account for most activities on our platform. Keep your password
somewhere safe, because you’re responsible for all activity associated with your
account. If you suspect someone else is using your account, let us know by contacting
our Support Team. You must have reached the age of consent for online services in
your country to use Udnomicsconcept.
You need an account for most activities on our platform, including to purchase and
access content or to submit content for publication. When setting up and maintaining
your account, you must provide and continue to provide accurate and complete
information, including a valid email address. You have complete responsibility for your
account and everything that happens on your account, including for any harm or
damage (to us or anyone else) caused by someone using your account without your
permission. This means you need to be careful with your password. You may not
transfer your account to someone else or use someone else’s account. If you contact
us to request access to an account, we will not grant you such access unless you can
provide us with the information that we need to prove you are the owner of that
account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible
for what happens with your account and Udnomicsconcept will not intervene in disputes
between students or instructors who have shared account login credentials. You must
notify us immediately upon learning that someone else may be using your account
without your permission (or if you suspect any other breach of security) by contacting
our Support Team. We may request some information from you to confirm that you are
indeed the owner of your account.
You can terminate your account at any time. Check our Privacy Policy to see what
happens when you terminate your account.
2. Content Enrollment and Lifetime Access
When you enroll in a course or other content, you get a license from us to view it via the
Udnomicsconcept Services and no other use. Don’t try to transfer or resell content in
any way. We generally grant you a lifetime access license, except when we must disable
the content because of legal or policy reasons or for enrollments via Subscription Plans.
Under our Instructor Terms, when instructors publish content on Udnomicsconcept,
they grant Udnomicsconcept a license to offer a license to the content to students. This
means that we have the right to sublicense the content to enrolled students. As a
student, when you enroll in a course or other content, whether it’s free or paid content,
you are getting a license from Udnomicsconcept to view the content via the
Udnomicsconcept platform and Services, and Udnomicsconcept is the licensor of
record. Content is licensed, and not sold, to you. This license does not give you any right
to resell the content in any manner (including by sharing account information with a
purchaser or illegally downloading the content and sharing it on torrent sites).
In legal, more complete terms, Udnomicsconcept grants you (as a student) a limited,
non-exclusive, non-transferable license to access and view the content for which you
have paid all required fees, solely for your personal, non-commercial, educational
purposes through the Services, in accordance with these Terms and any conditions or
restrictions associated with the particular content or feature of our Services. All other
uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign,
sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of,
sublicense, or otherwise transfer or use any content unless we give you explicit
permission to do so in a written agreement signed by a Udnomicsconcept authorized
representative. This also applies to content you can access via any of our APIs.
We generally give a lifetime access license to our students when they enroll in a course
or other content. However, we reserve the right to revoke any license to access and use
any content at any point in time in the event where we decide or are obligated to disable
access to the content due to legal or policy reasons, for example, if the course or other
content you enrolled in is the object of a copyright complaint, or if we determine it
violates our Trust & Safety Guidelines. This lifetime access license does not apply to
enrollments via Subscription Plans or to add-on features and services associated with
the course or other content you enroll in. For example, instructors may decide at any
time to no longer provide teaching assistance or Q&A services in association with the
content. To be clear, the lifetime access is to the course content but not to the
instructor.
Instructors may not grant licenses to their content to students directly, and any such
direct license shall be null and void and a violation of these Terms.
3. Payments, Credits, and Refunds
When you make a payment, you agree to use a valid payment method. If you aren’t
happy with your content, Udnomicsconcept offers a 30-day refund or credit for most
content purchases.
3.1 Pricing
The prices of content on Udnomicsconcept are determined based on the terms of
the Instructor Terms and our Promotions Policy. In some instances, the price of content
offered on the Udnomicsconcept website may not be exactly the same as the price
offered on our mobile or TV applications, due to mobile platform providers’ pricing
systems and their policies around implementing sales and promotions.
We occasionally run promotions and sales for our content, during which certain content
is available at discounted prices for a set period of time. The price applicable to the
content will be the price at the time you complete your purchase of the content (at
checkout). Any price offered for particular content may also be different when you are
logged into your account from the price available to users who aren’t registered or
logged in, because some of our promotions are available only to new users.
If you are logged into your account, the listed currency you see is based on your location
when you created your account. If you are not logged into your account, the price
currency is based on the country where you are located. We do not enable users to see
pricing in other currencies.
If you are a student located in a country where use and sales tax, goods and services
tax, or value added tax is applicable to consumer sales, we are responsible for
collecting and remitting that tax to the proper tax authorities. Depending on your
location, the price you see may include such taxes, or tax may be added at checkout.
3.2 Payments
You agree to pay the fees for content that you purchase, and you authorize us to charge
your debit or credit card or process other means of payment (such as quickteller,
flutterwave, direct debit, or mobile wallet) for those fees. Udnomicsconcept works with
payment service providers to offer you the most convenient payment methods in your
country and to keep your payment information secure. We may update your payment
methods using information provided by our payment service providers. Check out
our Privacy Policy for more details.
When you make a purchase, you agree not to use an invalid or unauthorized payment
method. If your payment method fails and you still get access to the content you are
enrolling in, you agree to pay us the corresponding fees within 30 days of notification
from us. We reserve the right to disable access to any content for which we have not
received adequate payment.
3.3 Refunds and Refund Credits
If the content you purchased is not what you were expecting, you can request, within 30
days of your purchase of the content, that Udnomicsconcept apply a refund to your
account. This refund option does not apply to Subscription Plan purchases, which are
covered in Section 8.4 (Payments and Billing) below. We reserve the right to apply your
refund as a refund credit or a refund to your original payment method, at our discretion,
depending on capabilities of our payment service providers, the platform from which
you purchased your content (website, mobile or TV app), and other factors. No refund is
due to you if you request it after the 30-day guarantee time limit has passed. However, if
the content you previously purchased is disabled for legal or policy reasons, you are
entitled to a refund beyond this 30-day limit. Udnomicsconcept also reserves the right
to refund students beyond the 30-day limit in cases of suspected or confirmed account
fraud.
If we decide to issue refund credits to your account, they will be automatically applied
towards your next content purchase on our website, but can’t be used for purchases in
our mobile or TV applications. Refund credits may expire if not used within the specified
period and have no cash value, in each case unless otherwise required by applicable
law.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve
consumed a significant portion of the content that you want to refund or if you’ve
previously refunded the content, we reserve the right to deny your refund, restrict you
from other future refunds, ban your account, and/or restrict all future use of the
Services. If we ban your account or disable your access to the content due to your
violation of these Terms, you will not be eligible to receive a refund.
3.4 Gift and Promotional Codes
Udnomicsconcept or our partners may offer gift and promotional codes to students.
Certain codes may be redeemed for gift or promotional credits applied to your
Udnomicsconcept account, which then may be used to purchase eligible content on our
platform, subject to the terms included with your codes. Other codes may be directly
redeemable for specific content. Gift and promotional credits can’t be used for
purchases in our mobile or TV applications.
These codes and credits, as well as any promotional value linked to them, may expire if
not used within the period specified in your Udnomicsconcept account. Gift and
promotional codes offered by Udnomicsconcept may not be refunded for cash, unless
otherwise specified in the terms included with your codes or as required by applicable
law. Gift and promotional codes offered by a partner are subject to that partner’s refund
policies. If you have multiple saved credit amounts, Udnomicsconcept may determine
which of your credits to apply to your purchase. Check out our Support Page and any
terms included with your codes for more details.
4. Content and Behavior Rules
You can only use Udnomicsconcept for lawful purposes. You’re responsible for all the
content that you post on our platform. You should keep the reviews, questions, posts,
courses and other content you upload in line with our Trust & Safety Guidelines and the
law, and respect the intellectual property rights of others. We can ban your account for
repeated or major offenses. If you think someone is infringing your copyright on our
platform, let us know.
You may not access or use the Services or create an account for unlawful purposes.
Your use of the Services and behavior on our platform must comply with applicable
local or national laws or regulations of your country. You are solely responsible for the
knowledge of and compliance with such laws and regulations that are applicable to you.
If you are a student, the Services enable you to ask questions to the instructors of
courses or other content you are enrolled in, and to post reviews of content. For certain
content, the instructor may invite you to submit content as “homework” or tests. Don’t
post or submit anything that is not yours.
If you are an instructor, you can submit content for publication on the platform and you
can also communicate with the students who have enrolled in your courses or other
content. In both cases, you must abide by the law and respect the rights of others: you
cannot post any course, question, answer, review or other content that violates
applicable local or national laws or regulations of your country. You are solely
responsible for any courses, content, and actions you post or take via the platform and
Services and their consequences. Make sure you understand all the copyright
restrictions set forth in the Instructor Terms before you submit any content for
publication on Udnomicsconcept.
If we are put on notice that your course or content violates the law or the rights of
others (for example, if it is established that it violates intellectual property or image
rights of others, or is about an illegal activity), if we discover that your content or
behavior violates our Trust & Safety Guidelines, or if we believe your content or behavior
is unlawful, inappropriate, or objectionable (for example if you impersonate someone
else), we may remove your content from our platform. Udnomicsconcept complies with
copyright laws. Check out our Intellectual Property Policy for more details.
Udnomicsconcept has discretion in enforcing these Terms. We may restrict or
terminate your permission to use our platform and Services or ban your account at any
time, with or without notice, for any or no reason, including for any violation of these
Terms, if you fail to pay any fees when due, for fraudulent chargeback requests, upon
the request of law enforcement or government agencies, for extended periods of
inactivity, for unexpected technical issues or problems, if we suspect that you engage in
fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any
such termination we may delete your account and content, and we may prevent you
from further access to the platforms and use of our Services. Your content may still be
available on the platforms even if your account is terminated or suspended. You agree
that we will have no liability to you or any third party for termination of your account,
removal of your content, or blocking of your access to our platforms and services.
If a user has published content that infringes your copyright or trademark rights, please
let us know.
5. Udnomicsconcept’s Rights to Content You Post
You retain ownership of content you post to our platform, including your courses. We’re
allowed to share your content to anyone through any media, including promoting it via
advertising on other websites.
The content you post as a student or instructor (including courses) remains yours. By
posting courses and other content, you allow Udnomicsconcept to reuse and share it
but you do not lose any ownership rights you may have over your content.
When you post content, comments, questions, reviews, and when you submit to us
ideas and suggestions for new features or improvements, you authorize
Udnomicsconcept to use and share this content with anyone, distribute it and promote
it on any platform and in any media, and to make modifications or edits to it as we see
fit.
In legal language, by submitting or posting content on or through the platforms, you
grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to
use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute
your content (including your name and image) in any and all media or distribution
methods (existing now or later developed). This includes making your content available
to other companies, organizations, or individuals who partner with Udnomicsconcept
for the syndication, broadcast, distribution, or publication of content on other media, as
well as using your content for marketing purposes. You also waive any rights of privacy,
publicity, or other rights of a similar nature applicable to all these uses, to the extent
permissible under applicable law. You represent and warrant that you have all the rights,
power, and authority necessary to authorize us to use any content that you submit. You
also agree to all such uses of your content with no compensation paid to you.
6. Using Udnomicsconcept at Your Own Risk
Anyone can use Udnomicsconcept to create and publish content and instructors and we
enable instructors and students to interact for teaching and learning. Like other
platforms where people can post content and interact, some things can go wrong, and
you use Udnomicsconcept at your own risk.
Our platform model means we do not review or edit the content for legal issues, and we
are not in a position to determine the legality of content. We do not exercise any
editorial control over the content that is available on the platform and, as such, do not
guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content.
If you access content, you rely on any information provided by an instructor at your own
risk.
By using the Services, you may be exposed to content that you consider offensive,
indecent, or objectionable. Udnomicsconcept has no responsibility to keep such content
from you and no liability for your access or enrollment in any course or other content, to
the extent permissible under applicable law. This also applies to any content relating to
health, wellness, and physical exercise. You acknowledge the inherent risks and
dangers in the strenuous nature of these types of content, and by accessing such
content you choose to assume those risks voluntarily, including risk of illness, bodily
injury, disability, or death. You assume full responsibility for the choices you make
before, during, and after your access to the content.
When you interact directly with a student or an instructor, you must be careful about the
types of personal information that you share. While we restrict the types of information
instructors may request from students, we do not control what students and instructors
do with the information they obtain from other users on the platform. You should not
share your email or other personal information about you for your safety.
We do not hire or employ instructors nor are we responsible or liable for any
interactions involved between instructors and students. We are not liable for disputes,
claims, losses, injuries, or damage of any kind that might arise out of or relate to the
conduct of instructors or students.
When you use our Services, you will find links to other websites that we don’t own or
control. We are not responsible for the content or any other aspect of these third-party
sites, including their collection of information about you. You should also read their
terms and conditions and privacy policies.
7. Udnomicsconcept’s Rights
We own the Udnomicsconcept platform and Services, including the website, present or
future apps and services, and things like our logos, API, code, and content created by
our employees. You can’t tamper with those or use them without authorization.
All right, title, and interest in and to the Udnomicsconcept platform and Services,
including our website, our existing or future applications, our APIs, databases, and the
content our employees or partners submit or provide through our Services (but
excluding content provided by instructors and students) are and will remain the
exclusive property of Udnomicsconcept and its licensors. Our platforms and services
are protected by copyright, trademark, and other laws of both the United States and
foreign countries. Nothing gives you a right to use the Udnomicsconcept name or any of
the Udnomicsconcept trademarks, logos, domain names, and other distinctive brand
features. Any feedback, comments, or suggestions you may provide regarding
Udnomicsconcept or the Services is entirely voluntary and we will be free to use such
feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the Udnomicsconcept
platform and Services:
• access, tamper with, or use non-public areas of the platform (including content
storage), Udnomicsconcept’s computer systems, or the technical delivery
systems of Udnomicsconcept’s service providers.
• disable, interfere with, or try to circumvent any of the features of the platforms
related to security or probe, scan, or test the vulnerability of any of our systems.
• copy, modify, create a derivative work of, reverse engineer, reverse assemble, or
otherwise attempt to discover any source code of or content on the
Udnomicsconcept platform or Services.
• access or search or attempt to access or search our platform by any means
(automated or otherwise) other than through our currently available search
functionalities that are provided via our website, mobile apps, or API (and only
pursuant to those API terms and conditions). You may not scrape, spider, use a
robot, or use other automated means of any kind to access the Services.
• in any way use the Services to send altered, deceptive, or false source-identifying
information (such as sending email communications falsely appearing as
Udnomicsconcept); or interfere with, or disrupt, (or attempt to do so), the access
of any user, host, or network, including, without limitation, sending a virus,
overloading, flooding, spamming, or mail-bombing the platforms or services, or in
any other manner interfering with or creating an undue burden on the Services.
8. Subscription Terms
This section covers additional terms that apply to your use of our subscription-based
collections as a student (“Subscription Plans”). By using a Subscription Plan, you agree
to the additional terms in this section. Note that use of Udnomicsconcept Business is
not subject to these Terms, but is instead governed by the agreement between
Udnomicsconcept and the subscribing organization.
8.1 Subscription Plans
During your subscription to a Subscription Plan, you get a limited, non-exclusive, nontransferable license from us to access and view the content included in that
Subscription Plan via the Services. With the exception of the lifetime access license
grant, the terms included in the “Content Enrollment and Lifetime Access” section
above apply to enrollments via Subscription Plans.
The subscription that you purchase or renew determines the scope, features, and price
of your access to a Subscription Plan. You may not transfer, assign, or share your
subscription with anyone else.
We reserve the right to revoke any license to use the content in our Subscription Plans
for legal or policy reasons at any time and at our sole discretion, such as if we no longer
have the right to offer the content through a Subscription Plan. Additional information
on our right to revoke is included in the “Content Enrollment and Lifetime Access”
section.
8.2 Account Management
You may cancel your subscription by following the steps outlined on our Support Page.
If you cancel your subscription to a Subscription Plan, your access to that Subscription
Plan will automatically end on the last day of your billing period. On cancellation, you
will not be entitled to receive a refund or credit of any fees already paid for your
subscription, unless otherwise required by applicable law. For clarity, cancellation of a
subscription does not terminate your Udnomicsconcept account.
8.3 Free Trials & Renewals
Your subscription may start with a free trial. The duration of the free trial period of your
subscription will be specified during sign-up. Udnomicsconcept determines free trial
eligibility at our sole discretion and may limit access, eligibility, or duration. We reserve
the right to terminate the free trial and suspend your subscription if we determine that
you aren’t eligible.
We will charge the subscription fee for your next billing cycle at the end of the free trial
period. Your subscription will automatically renew according to your subscription
settings (e.g., monthly or annually) unless you cancel your subscription prior to the end
of the free trial period.
8.4 Payments and Billing
The subscription fee will be listed at the time of your purchase. We may also be required
to add taxes to your subscription fee as described in the “Payments, Credits, and
Refunds” section above. Payments are non-refundable and there are no refunds or
credits for partially used periods, unless otherwise required by applicable law.
Depending on where you are located, you may qualify for a refund. See our Refund
Policy for Subscription Plans for additional information.
To subscribe to a Subscription Plan, you must provide a payment method. By
subscribing to a Subscription Plan and providing your billing information during
checkout, you grant us and our payment service providers the right to process payment
for the then-applicable fees via the payment method we have on record for you. At the
end of each subscription term, we will automatically renew your subscription for the
same length of term and process your payment method for payment of the thenapplicable fees.
In the event that we update your payment method using information provided by our
payment service providers (as described in the “Payments, Credits, and Refunds”
section above), you authorize us to continue to charge the then-applicable fees to your
updated payment method.
If we are unable to process payment through the payment method we have on file for
you, or if you file a chargeback disputing charges made to your payment method and
the chargeback is granted, we may suspend or terminate your subscription.
We reserve the right to change our Subscription Plans or adjust pricing for our Services
at our sole discretion. Any price changes or changes to your subscription will take
effect following notice to you, except as otherwise required by applicable law.
8.5 Interactive Session Restrictions
You may not do any of the following while accessing or using the Interactive Sessions:
• use the Interactive Sessions for any purpose other than to perform the activities
as instructed by Udnomicsconcept’s labs;
• provide web, database, or forum access, or engage in cryptocurrency mining, on
or through the Interactive Sessions;
• access or use the Interactive Sessions in any commercial production
environment;
• take any action in the Interactive Sessions that results in a disruption or
interference of our Services or the stability of our infrastructure; or
• use any data or information other than simulated, anonymous, non-personal, nonlive data or information when accessing or using the Interactive Sessions.
These restrictions are in addition to those listed elsewhere in these Terms, including in
the “Content and Behavior Rules” and “Udnomicsconcept’s Rights” sections above.
8.6 Subscription Disclaimers
We make no guarantees as to the availability of any specific content in any Subscription
Plan or as to any minimum amount of content in any Subscription Plan. At any point in
the future, we reserve the right to offer or cease to offer additional features to any
Subscription Plan, or to otherwise modify or terminate a Subscription Plan at our sole
discretion. We have no responsibility to preserve or store the content inputted by you in
connection with your use of any Subscription Plan. These disclaimers are in addition to
those listed in the “Disclaimers” section below.
9. Miscellaneous Legal Terms
These Terms are like any other contract, and they have boring but important legal terms
that protect us from the countless things that could happen and that clarify the legal
relationship between us and you.
9.1 Binding Agreement
You agree that by registering, accessing, or using our Services, you are agreeing to enter
into a legally binding contract with Udnomicsconcept. If you do not agree to these
Terms, do not register, access, or otherwise use any of our Services.
If you are an instructor accepting these Terms and using our Services on behalf of a
company, organization, government, or other legal entity, you represent and warrant that
you are authorized to do so.
Any version of these 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.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then
that provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of these Terms
will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it
doesn’t mean we waive our rights under these Terms, and we may decide to enforce
them in the future. If we decide to waive any of our rights in a particular instance, it
doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms:
Sections 2 (Content Enrollment and Lifetime Access), 5 (Udnomicsconcept’s Rights to
Content You Post), 6 (Using Udnomicsconcept at Your Own Risk), 7
(Udnomicsconcept’s Rights), 8.5 (Subscription Disclaimers), 9 (Miscellaneous Legal
Terms), and 10 (Dispute Resolution).
9.2 Disclaimers
It may happen that our platform is down, either for planned maintenance or because
something goes down with the site. It may happen that one of our instructors is making
misleading statements in their content. It may also happen that we encounter security
issues. These are just examples. You accept that you will not have any recourse against
us in any of these types of cases where things don’t work out right. In legal, more
complete language, the Services and their content are provided on an “as is” and “as
available” basis. We (and our affiliates, suppliers, partners, and agents) make no
representations or warranties about the suitability, reliability, availability, timeliness,
security, lack of errors, or accuracy of the Services or their content, and expressly
disclaim any warranties or conditions (express or implied), including implied
warranties of merchantability, fitness for a particular purpose, title, and noninfringement. We (and our affiliates, suppliers, partners, and agents) make no warranty
that you will obtain specific results from use of the Services. Your use of the Services
(including any content) is entirely at your own risk. Some jurisdictions don’t allow the
exclusion of implied warranties, so some of the above exclusions may not apply to
you.
We may decide to cease making available certain features of the Services at any time
and for any reason. Under no circumstances will Udnomicsconcept or its affiliates,
suppliers, partners or agents be held liable for any damages due to such interruptions or
lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services
caused by events beyond our reasonable control, like an act of war, hostility, or
sabotage; natural disaster; electrical, internet, or telecommunication outage; or
government restrictions.
9.3 Limitation of Liability
There are risks inherent to using our Services, for example, if you access health and
wellness content like yoga, and you injure yourself. You fully accept these risks and you
agree that you will have no recourse to seek damages against even if you suffer loss or
damage from using our platform and Services. In legal, more complete language, to the
extent permitted by law, we (and our group companies, suppliers, partners, and
agents) will not be liable for any indirect, incidental, punitive, or consequential
damages (including loss of data, revenue, profits, or business opportunities, or
personal injury or death), whether arising in contract, warranty, tort, product liability, or
otherwise, and even if we’ve been advised of the possibility of damages in advance.
Our liability (and the liability of each of our group companies, suppliers, partners, and
agents) to you or any third parties under any circumstance is limited to the greater of
$100 USD or the amount you have paid us in the 12 months before the event giving
rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability
for consequential or incidental damages, so some of the above may not apply to you.
9.4 Indemnification
If you behave in a way that gets us in legal trouble, we may exercise legal recourse
against you. You agree to indemnify, defend (if we so request), and hold harmless
Udnomicsconcept, our group companies, and their officers, directors, suppliers,
partners, and agents from an against any third-party claims, demands, losses, damages,
or expenses (including reasonable attorney fees) arising from: (a) the content you post
or submit; (b) your use of the Services; (c) your violation of these Terms; or (d) your
violation of any rights of a third party. Your indemnification obligation will survive the
termination of these Terms and your use of the Services.
9.5 Governing Law and Jurisdiction
When these Terms mention “Udnomicsconcept,” they’re referring to the
Udnomicsconcept entity that you’re contracting with. If you’re a student, your
contracting entity and governing law will generally be determined based on your
location.
Except in some cases as listed below, if you’re a student located in India, you’re
contracting with Udnomicsconcept India LLP and these Terms are governed by the laws
of India, without reference to its choice or conflicts of law principles, and you consent to
the exclusive jurisdiction and venue of the courts in Delhi, India.
If you’re a student located in a geographical region other than India, if you’re accessing
our Services through one of our mobile applications (such as Udnomicsconcept’s
Android or iOS application) and payment is processed through a mobile platform
provider’s payment system, or if you’re accessing our Services as an instructor, you’re
contracting with Udnomicsconcept, Inc. and these Terms are governed by the laws of
the State of California, USA without reference to its choice or conflicts of law principles.
In cases where the “Dispute Resolution” section below doesn’t apply to you, you
consent to the exclusive jurisdiction and venue of federal and state courts in San
Francisco, California, USA.
9.6 Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be
brought by either party more than one year after the cause of action has accrued,
except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in writing and given by
registered or certified mail return receipt requested, or email (by us to the email
associated with your account or by you to notices@udnomicsconcept.com).
9.7 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency
relationship exists between us.
9.8 No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under
them). For example, if you registered an account as an employee of a company, your
account cannot be transferred to another employee. We may assign these Terms (or
the rights and licenses granted under them) to another company or person without
restriction. Nothing in these Terms confers any right, benefit, or remedy on any thirdparty person or entity. You agree that your account is non-transferable and that all rights
to your account and other rights under these Terms terminate upon your death.
9.9 Sanctions and Export Laws
You warrant that you (as an individual or as a representative of any entity on whose
behalf you use the Services) aren’t located in, or a resident of, any country that is
subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North
Korea, Sudan, Syria, or the Crimea, Donetsk, or Luhansk regions). You also warrant that
you aren’t a person or entity who is named on any U.S. government specially designated
national or denied-party list.
If you become subject to such a restriction during the term of any agreement with
Udnomicsconcept, you will notify us within 24 hours, and we will have the right to
terminate any further obligations to you, effective immediately and with no further
liability to you (but without prejudice to your outstanding obligations to
Udnomicsconcept).
You may not access, use, export, re-export, divert, transfer or disclose any portion of the
Services or any related technical information or materials, directly or indirectly, in
violation of any United States and other applicable country export control and trade
sanctions laws, rules and regulations. You agree not to upload any content or
technology (including information on encryption) whose export is specifically controlled
under such laws.
10. Dispute Resolution
If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t
work and you live in the United States or Canada, your options are to go to small claims
court or bring a claim in binding individual arbitration; you may not bring that claim in
another court or participate in a non-individual class action claim against us.
This Dispute Resolution section (“Dispute Resolution Agreement”) applies only if you
live in the United States or Canada. Most disputes can be resolved, so before bringing a
formal legal case, please first try contacting our Support Team.
10.1 Dispute Resolution Overview
Udnomicsconcept is committed to using its best efforts to resolve disputes with its
users, without the need for a formal legal claim to be filed. If an issue arises between
us, you and Udnomicsconcept agree to first work diligently and in good faith to reach a
resolution that’s fair and equitable to both sides using the mandatory informal dispute
resolution process described below. On occasion, a third party may be necessary to
help resolve our dispute. This Dispute Resolution Agreement limits how these disputes
can be resolved.
YOU AND UDNOMICSCONCEPT AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR
CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE
APPLICABILITY, BREACH, TERMINATION, VALIDITY, ENFORCEMENT, OR
INTERPRETATION OF THEM, OR TO THE USE OF THE SERVICES OR
COMMUNICATIONS WITH UDNOMICSCONCEPT (COLLECTIVELY, “DISPUTES”) THAT
ARE NOT RESOLVED INFORMALLY MUST BE ADDRESSED SOLELY IN SMALL CLAIMS
COURT OR BY BINDING INDIVIDUAL ARBITRATION AND AGREE TO WAIVE THE RIGHT
TO A JURY TRIAL AND TO FILE A CASE IN ANY OTHER COURT.
YOU AND UDNOMICSCONCEPT FURTHER AGREE TO BRING CLAIMS AGAINST EACH
OTHER IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING WHETHER IN COURT OR
IN ARBITRATION.
You and Udnomicsconcept agree that this Dispute Resolution Agreement applies to
each of us as well as all of our respective agents, attorneys, contractors,
subcontractors, service providers, employees, and all others acting for, or on behalf of,
you and Udnomicsconcept. This Dispute Resolution Agreement is binding on your and
Udnomicsconcept’s respective heirs, successors, and assigns, and is governed by the
Federal Arbitration Act.
10.2 Mandatory Informal Dispute Resolution Process
Before filing a claim against each other, you and Udnomicsconcept must first
participate in the informal dispute resolution process described in this section.
• The claiming party shall send to the other a short, written statement (“Claim
Statement”) with their full name, mailing address, and email address explaining:
(a) the nature and details of the Dispute; and (b) a proposal for resolving it
(including any money being claimed and how that amount was calculated).
Sending a Claim Statement tolls the running of any applicable statute of
limitations for a 60-day period beginning on the date the Claim Statement is
received. You should send your Claim Statement to Udnomicsconcept by email
to notices@udnomicsconcept.com, and you can also send it by certified mail to
Udnomicsconcept Attn: Legal, 600 Harrison Street, 3rd Floor, San Francisco, CA
94107. Udnomicsconcept will send Claim Statements and respond to you at the
email address associated with your Udnomicsconcept account, unless you
request otherwise.
• When either of us receives a Claim Statement, the parties will attempt in good
faith to resolve it informally. If we’re unable to resolve it within 60 days from
receipt, then we each have the right to initiate a formal claim against the other in
small claims court or individual arbitration, subject to the terms of this Dispute
Resolution Agreement.
Failure to complete this process is a material breach of the Terms, and no court or
arbitrator shall have jurisdiction to hear or resolve any Disputes between you and
Udnomicsconcept.
10.3 Small Claims
Disputes raised but not resolved through the mandatory informal dispute resolution
process can be brought in small claims court in: (a) San Francisco, California; (b) the
county where you live; or (c) another place we both agree on. We each waive the right to
bring any Disputes between us, in courts other than small claims court, including courts
of general or special jurisdiction.
10.4 Arbitration
As the sole alternative to small claims court, you and Udnomicsconcept have the right
to resolve Disputes through individual arbitration. While there’s no judge or jury in an
arbitration, the arbitrator has the power to award the same individual relief and must
follow our agreement in the same way as a court. If one of us brings a Dispute to a
court other than a small claims court, the other party can ask a court to require us both
to go to arbitration. Either of us can also ask a court to halt a court proceeding while an
arbitration proceeding is ongoing. To the extent that any cause of action or claim for
relief can’t be addressed in arbitration, you and Udnomicsconcept agree that all court
proceedings shall be paused pending the resolution in arbitration of all arbitrable
causes of action and claims for relief. Nothing in this Dispute Resolution Agreement is
intended to limit the individual relief available to either of us in arbitration or small
claims court.
If you and Udnomicsconcept disagree on whether a Dispute must be arbitrated, the
scope of the arbitrator’s powers, or the enforceability of any aspect of this Dispute
Resolution Agreement, the arbitrator alone shall have, to the fullest extent permitted by
law, the sole authority to address all such disagreements, including but not limited to
those concerning or related to the formation, legality, interpretation, and enforceability
of this Dispute Resolution Agreement. This provision doesn’t limit the procedure for
challenging an improperly commenced arbitration.
Any court of competent jurisdiction will have the authority to enforce the requirements
of this Dispute Resolution Agreement and, if necessary, enjoin the filing or prosecution
of any arbitrations and the assessment of fees for any arbitration or mediation not
conducted under this Dispute Resolution Agreement.
10.5 General Arbitration Rules
The arbitration process will differ depending on whether your claim is pursued
individually or as part of a Mass Arbitration (defined below). The general arbitration
rules outlined in this section (“General Arbitration Rules”) shall control, except in the
case of a Mass Arbitration.
All arbitrations shall be before a single arbitrator. Except as otherwise provided in this
Dispute Resolution Agreement, a party electing arbitration must initiate proceedings by
filing an arbitration demand with the AAA.
10.6 Fees and Costs
You and Udnomicsconcept agree that each party will bear its own costs and attorneys’
fees in the event of a dispute, provided, however, that either party may recover fees and
costs to the extent permitted by applicable law. If a court or an arbitrator determines
that an arbitration has been brought or threatened in bad faith, or that the demand was
frivolous or asserted for an improper purpose, the court or arbitrator may, to the fullest
extent permitted by law, award attorneys’ fees to the party defending against the claim
just as a court could.
10.7 No Class Actions
Except as expressly provided for in connection with the Mass Arbitration Rules, we both
agree that we can each only bring claims against the other on an individual basis. This
means: (a) neither of us can bring a claim as a plaintiff or class member in a class
action, consolidated action, or representative action; (b) an arbitrator can’t combine
multiple people’s claims into a single case (or preside over any consolidated, class, or
representative action); and (c) an arbitrator’s decision or award in one claimant’s case
can only decide the disputes of that user, not other users. Nothing in this Dispute
Resolution Agreement limits the parties’ rights to resolve a Dispute by mutual
agreement through a class-wide settlement of claims.
10.8 Changes
Notwithstanding the “Updating these Terms” section below, if Udnomicsconcept
changes this “Dispute Resolution” section after the date you last indicated acceptance
to these Terms, you may reject any such change by providing Udnomicsconcept written
notice of such rejection by mail or hand delivery to Udnomicsconcept Attn: Legal, 600
Harrison Street, 3rd Floor, San Francisco, CA 94107, or by email from the email address
associated with your Udnomicsconcept account to notices@udnomicsconcept.com,
within 30 days of the date such change became effective, as indicated by the “last
updated on” language above. To be effective, the notice must include your full name
and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By
rejecting changes, you are agreeing that you will arbitrate any dispute between you and
Udnomicsconcept in accordance with the provisions of this “Dispute Resolution”
section as of the date you last indicated acceptance to these Terms.
10.9 Improperly Commenced Arbitration
If either party believes that the other has initiated an arbitration in violation of this
Dispute Resolution Agreement, if such an arbitration is threatened, or if either party has
reason to believe an improperly commenced arbitration is imminent, the party against
whom the arbitration has been or will be initiated may seek an order from a court of
competent jurisdiction enjoining the arbitration from being filed or continued, and
awarding its fees and costs, including reasonable attorneys’ fees, incurred in connection
with seeking the order.
11. 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 Udnomicsconcept
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.
12. How to Contact Us
The best way to get in touch with us is to contact our Support Team. We’d love to hear
your questions, concerns, and feedback about our Services.
Thanks for learning with us!