The terms and conditions of use ("Terms") here apply to all sites (collectively "site") operated by PROCKC at the domain name www.prockc.com. The site is the property of PROCKC VENTURES PRIVATE LIMITED ("PROCKC"). By using this site, You agree to Terms and Conditions laid herein. If you Do not agree to these terms and conditions, Do not use the website. There is no provision for counter Terms.
The Terms contained here shall cover all the use of this site including but not limited to videos, images, texts, graphic interfaces, user interfaces, animations, coding, logos, names, trademarks, personal data, sound, music and intellectual property ("Content") contained herein. Data Security and protection agreements are a separate part of this agreement.
Your agreement to terms shall mean your acceptance of privacy policy also for the usage of this site.
PROCKC reserves the sole right to modify or revise or amend any or whole portion of terms and privacy policy at any time without any prior notice. In the event of change in terms, a link of the revised terms shall be made available on the home page (or first page of site) for a specified time period (30 days). It is your responsibility to go through the link and read the revised terms.
It is your responsibility to go through the terms page periodically and be updated with any change in terms. In the event that you do not agree to terms contained therein, Do not use the site further and ask for your account to be deleted by writing a mail to contactus@prockc.com with the subject line – "Account Deletion".
By continuing to use the site after the revised terms are in effect, it means that you have accepted the terms contained therein.
PROCKC is a market place website portal for independent contract teachers or instructors to connect with students or learners (collectively "users") and provide service including live and recorded video, audio and any learning content to students (referred to as "content" or "learning content").
Periodically PROCKC reserves the right to change the features, including "look and feel" component for this site and also add new features to this site. Your continued use post this change indicates that you have accepted the changes.PROCKC reserves the right to discontinue any part of service temporarily or permanently without any obligation of explaining the reasons thereof.
You are responsible for any costs or damages that occur to you while being able to access our service. Costs related to electricity, computer equipment, internet, telephony charges, video making equipment, software /applications used for making of content or viewing the content and any related or incidental costs must be borne by you and PROCKC shall not be held liable to any of those charges.
The content provided by our service is either free of cost or paid. Should you decide to access paid content, then, you agree to pay for that content and provide us or our payment partner Pay U money (read their terms and conditions and privacy policy) with necessary details such as credit card details, debit card details, internet banking details and any other detail in connection with receiving your payment (information governed by privacy policy). This is for facilitating your purchase of content. Should you wish to withdraw from providing such data, then you shall not be able to access your desired content from our portal.
In the case of free of cost content, no such data is requested from you, but your logging into your account is essential for viewing.
To facilitate ease of payment for accessing our services, your account is automatically linked to a wallet with your email-id. (Refer wallet section below)
Since this is hosted on world wide web, PROCKC cannot restrict any person from using the services of this site. Person belonging to any country other than India may check with their local laws, rules and regulations before joining this site. You shall undertake that in addition to terms and conditions specified here, you shall comply by all the laws, rules and regulations related to copyright and intellectual property use and to privacy and other personal data applicable on you by your country.
It is your responsibility to check the legality of content according to your country's laws, rules and regulations related to content. You are prohibited from accessing such content in case it is illegal.
In the event of any dispute about legality of content, such disputes shall be redressed by checking the content with laws, rules and regulations (last amended) as prevailing in the Republic of India at that time. No other jurisdiction shall be applicable.
You shall first register by providing details such as your name, nationality, email-id and phone number. This registration shall be free of cost. Registration is mandatory for access of our site. Some data fields are optional you may choose not to enter those. Some others are mandatory for us to service you. Read the privacy policy for our issues related to data protection and storage.
The account created is a non-exclusive and non-transferable account. It is to the extent valid with your identity as confirmed by use of mobile phone OTP and email id. You may not transfer this account to any one either in good will or in exchange for monetary consideration. You may use it for the purposes detailed here in. You may not create fake or unauthorized profiles in your or under other's identity.
You shall notify us in the event of any security breach or evidence of any unauthorized entrance into your account. You must ensure to exit from your account at the end of your session. Any damages or loss arising out of non-compliance of the above two requirements is your own risk
All text, graphics, images, photographs, videos, audio, music, sounds, user interfaces, graphic interfaces, computer codes, artwork but not limited to above, any other incidental material that is necessary for transmission of ideas, expressions, formulae, theories, algorithms but not limited to these shall constitute herein referred to as content.
PROCKC or PROCKC VENTURES PRIVATE LIMITED does NOT enter into any employer-employee relationship or any relationship which involves us paying wages to individuals using our site as instructors/teachers or use of any services of instructors/teachers with any monetary exchange except as provided for such an exchange in the terms set out here. PROCKC is a marketplace for education and learning content, where individuals registering themselves as students can make the purchase of learning content uploaded for sale by individuals registering themselves as teachers/instructors. PROCKC is not responsible for any loss, damage, claims and disputes arising out of the exchange between students and teachers including but not to damages arising due to information contained in the content provided by the instructors.
PROCKC does not control any content related to its quality or nature of content or claim to assess the content in any manner. The content is the responsibility of the respective individuals registered with us as teachers/instructors. Hosting content on our site does not mean PROCKC endorses or claims to endorse such a content or the view reflected or offered therein. PROCKC does not recommend any content; neither does it solicit or lead or tend to lead users registered as students to any particular content.
Design, structure, organization, arrangement of the site and content in no way conveys or intends to convey any commentary or validity or appropriateness of content for viewing. The algorithm governing the organization of the content within the site is based on parameters clearly defined or where left undefined it is within the commonly understood meaning of that term. This does not mean or be construed to mean that PROCKC is promoting any particular content over the others. PROCKC does not undertake to influence any decisions of students. You shall choose to view the content solely based upon your own understanding of the content of the video made available to you for the duration of the preview video.
In the event any of the content requires you to possess or install any third-party software/applications, it shall be your discretion to install or access such applications for viewing that content. PROCKC shall not be held responsible for any damages or loss over not being able to view the content. You are advised to read such terms and conditions and privacy policy as applicable of such software/applications.
Also, a content in our service may lead you to external links. It is your responsibility to ascertain the risks posed by such links and you shall read about their privacy policy and terms and condition on that portal before accessing such links. PROCKC does not endorse or intend to endorse any such links and has no control on the content provided in that link. If you are not satisfied with the terms on that portal, Do not access such portal. PROCKC shall not be held responsible for any loss or damage resulting from such an access.
You are required to use the content for lawful purposes. Content has been made available to you on the good faith of transmission of knowledge. Any unlawful or illegal use of content is strictly prohibited and you may face penal actions in accordance with laws, rules and regulations of your country.
Felicitation of network between students and teachers is a PROCKC feature provided to you. You may not misuse this feature to send hate-speech (within the meaning of appropriate laws), abuses, provocative messages and material such like. Risks arising from any contact established between teachers and students is your own and PROCKC shall not bear any such risks.
Read the specific obligation on instructors and students for more details.
Download of any material is prohibited and no such provision is made in the site. Do Not Circumvent the procedures and obtaining content in contravention to established procedures. Any such attempt shall be dealt strictly in accordance with law. It may lead to permanent barring of using our site in future.
For facilitating ease of payment for purchasing content within PROCKC, we have developed a points-based wallet system. A wallet for the purposes of PROCKC is defined as a repository/account/kitty of points with which you can make the purchase of your desired content. This is a PROCKC feature and by agreeing to use of our service you agree to use wallet system as well.
For using this wallet, a starting recharge of INR100 or above must be made. Only after that you shall be able to make purchases of your desired content.
Should you wish to decline consent for the usage for wallet, You may not recharge the wallet. You shall have no access to paid content in the event you chose not to recharge your wallet.
However, you may access any content available for free.
Once you have recharged your wallet with INR100 or above, it will be converted into points and get reflected in your wallet. The right to determine the conversion between monetary currency and points in wallet is with PROCKC. The conversion is mentioned on the wallet recharge page for your information. You may get updated by checking the wallet recharge page. In case of any change such changes shall be posted through a notice on the homepage and a mail shall be sent to registered wallet users well in advance.
Once your earning has reached a minimum of 500 points, you are eligible for conversion of points into currency. You may proceed with the withdrawal by the prescribed procedure. You must have a regulation compliant bank account. No cash or cheque withdrawal.
On requesting for withdrawal, a notification email shall be sent you informing of the same. In case of request inadvertently, then you may write to contactus@prockc.com to stop the request.
Your claim shall be processed within three (3) bank working days. Since PROCKC is dependent on other parties, this time period may vary depending on the bank.
You are advised to note the transaction number generated for the request for future communication on this issue.
Any user (18 years and above) registered as Instructor/Teacher on the site. You are conferred with the right to certain facilities of the site related to uploading the content.)
If your age is lesser than 18 years, then your parents or legal guardians shall assume responsibility for your actions.
Your status shall be independent contract teacher/instructor. Your contract shall be with PROCKC VENTURES PRIVATE LIMITED registered in the state of Uttar Pradesh in India. For purposes of payment PROCKC may utilize other third-party applications, but in any case, your contract shall be with only us.
As an instructor having a registered account on www.prockc.com, you have the following obligations to adhere to:
You shall first register on www.prockc.com . No separate enrollment is required for being an instructor/teacher. Simply make sure to check mark teacher while registering. Your agreement to the terms here is final and no further agreement shall be made with you for payment terms.
You will be responsible for all your submitted content. You undertake to PROCKC that the content uploaded on PROCKC is solely yours. You shall not post any material for which you do not have the right, license, consent or authority over the content. Further you shall not post any content for which you do not have the right, license, consent or authority to authorize the redistribution, distribute, publicly perform (by any means), publicly display, transmit and broadcast copies of the content in any form available today or shall be made available in the future for the promotion of the site and PROCKC.
Submitted content must adhere strictly to copyright laws and must not infringe on any copyright of any other parties-individual or corporate. Illegal and unlawful content such as pornography, hate speech, promoting enmity among different groups, racist content, abusive language, misleading, false, defamatory content but not limited to the above shall be strictly prohibited from being published.
Any videos on criminal activities such as theft, narcotics, violence leading to death, suicide, violent games are strictly prohibited.
In the event a report is received by PROCKC about your content being abusive or in contravention to any of the laws, rules and regulations, your earning from the content in question shall be restricted. You shall not be eligible to withdraw funds. During the course of inquiry, any earning shall not be credited into your account. At the end of inquiry if it is found that there was a false claim against you, your earning shall be restored and normal course of function is operationalized. You shall be notified of the concerned issue through your registered email-id and mobile number. No voice calls shall be made in this regard. Emails and SMS alerts shall be sent to you.
You may choose to contest the notification with your counter or reply to the notice by writing an email under the subject line " report abuse-counter" to contactus@prockc.com. Your reply must contain sufficient evidence (time stamp of the content, proof of your ownership of the material, reason for content not be considered under prohibited category etc.,) for PROCKC to consider your case.
Three notifications shall be sent to you in this regard. Your reply must reach us within ten (10) days of the third and final notification being sent to you in this regard. The final notification shall be indicated to you through the subject line -"Report abuse notification-Final".
If your reply is not received within ten (10) days, then it shall be deemed that you have no counter reply to provide and content in question shall be permanently disabled from your account.
In the event you provide your counter reply, then PROCKC will determine whether the reply is up to satisfaction meriting that your case is genuine. If you have proved your genuineness in the issue then the content shall be freed for viewing and your earnings restored.
If your reply is not upto satisfaction, then PROCKC reserves the right to ask you to modify/edit the controversial portions in the content and upload it again without the contravening portions.
If it is deemed that there cannot be any modification/edit in the content, then PROCKC shall withdraw the content from your account.
It shall be PROCKC's right to levy any penalty in this regard and you agree to pay the penalty.You may not withdraw funds from your wallet pending the resolution of the issue. However, you may continue to use your account to upload fresh content and also use the wallet points to make purchases for other viewing other content.
You understand that in the event you repeatedly breach any of the rules, laws and regulations, your account shall be frozen and you are barred from accessing PROCKC pending inquiry.
You shall not use any technology means to "reverse engineer", deface, tarnish, modify, copy, distribute, hack or interfere with any of the PROCKC site and features in the site including colour scheme, arrangement, names, trademarks, logos but not limited to above. The site is provided to you "as is basis". You will not tamper with any of the site's content.
You shall not introduce any spyware, worm, virus or any such code or algorithm which may damage or cause damage to any of the users and the site itself. It shall be your responsibility to check for all such inappropriate elements in your content and take suitable measures.
You shall not prevent or interfere with other instructors from conducting their classes. You shall not practice any such activities that cause harm, loss or damage to other instructors.
You shall act in good faith with students and strive to keep up the best practices for a healthy student-teacher relationship.
You agree to grant PROCKC a worldwide, non-exclusive right to use, exploit, publicly perform, use it in any manner fit for marketing purposes of PROCKC. You understand that PROCKC has no obligation to market your submitted content on your behalf.
You have the right to remove your submitted content at any point. You hereby agree that we may record your or store your content including voice and images on our servers, even after you have removed the content.
You hereby grant your permission to use your name, logo, image or voice in connection with any activity related to selling the content.
You hereby understand the pricing policy of PROCKC.
Once you have uploaded the content through the designated feature of site, you will be asked to set the rate for your content. It is entirely left upon you to determine the price and set the rate.
In case you haven't set any rate, you automatically authorize PROCKC to set a basic default rate which is same for every educator. PROCKC will set the rate based on guidance value. PROCKC reserves the right to set the guidance value.
Your earnings will be whatever rate is set by you in the rate set column. It in no way implies any reflection of quality. In the event you wish to change your rate once set, you may write to us at contactus@prockc.com with relevant details such as "Username, Uploader class name, Video title". Our team shall contact you regarding further steps. Till that time, your content shall continue to be accessible to students at the basic rate which PROCKC would have set.
It shall be PROCKC's sole right to modify or revise any pricing detail or any revenue sharing detail after notifying through reasonable means such as email and/ or announcement on www.prockc.com. However,PROCKC does not assume any obligation to inform or intimate about the guidance value. Your responsibility to check the revised rates periodically and be updated. For details on revenue sharing, you may go through latest updated guidelines document.
Your earnings will be rate set by you multiplied by number of paid views only. For purposes of counting paid views, only those views that are paid by students are counted. The paid views shall be made known through earnings history under earnings tab.
Your wallet (read Clause 4.6) upon reaching 1000 minimum points will enable you to request for withdrawal. The withdrawal will be initiated only with request. No automatic withdrawal will be done.
In the event that is found the content is plagiarized, your earnings till date from the content shall be levied as penalty and recovered from you. For this purpose, your earnings will be adjusted against this penalty amount.
You understand that payment of taxes is your responsibility. A GST of 18% shall be deducted from your earning in case you do not have GSTIN. If you have GST number it shall be mentioned in the invoice and you shall be able to claim Input Tax Credit (ITC) on it.
For information about taxes accruing on your income you are advised to consult a tax expert and PROCKC is not the expert in taxes hence cannot provide with you any guidance in this regard.
The right to withdraw the content shall rest with you as instructor.
In the case of withdrawal of content, you are required to produce a prior notice of seven (07) days to your class (in YouC, SoC or WeC) and to PROCKC about your intention to withdraw the content.
Post the period, you may withdraw the content from the site.
Recognizing that mistakes could appear in the content and that instructor would like to rectify it for proper transmission of knowledge to students, a one-time delete feature shall be active for ten (10) hours. If the uploaded content has certain errors and need to be rectified, then that content can be deleted within this time and the revised and updated content can be uploaded.
No refund for content is allowed. In case of any grievance, you may write to us at contactus@prockc.com with the specific issue.
Any User (18 years and above) registering as Students/Learners on the site. You are conferred with the right to certain facilities of the site related to viewing the content.
If your age is lesser than 18 years, then your parents or legal guardians shall assume responsibility for your actions.
Your status shall be student/learner. Your contract shall be with PROCKC VENTURES PRIVATE LIMITED registered in the state of Uttar Pradesh in India. For purposes of receiving payment PROCKC may utilize other third-party applications, but in any case, your contract shall be with only us.
You shall not use any technology means to "reverse engineer", deface, tarnish, modify, copy, distribute, hack or interfere with any of the PROCKC site and features in the site including colour scheme, arrangement, names, trademarks, logos but not limited to above. The site is provided to you "as is basis". You will not tamper with any of the site's content.
You shall not indulge in any unfair practices acting alone or in connivance with any teacher with an intention to defraud or activities which brings upon damage, loss or harm to PROCKC or its partners.
You shall use the facilities in good faith. You shall not download any content from PROCKC through any other means.
You shall not impersonate other entity or gain unlawful access to other's account.
You hereby declare all purchases made on PROCKC are with your full knowledge and consent. You will not disclose any personal information to any instructor. You assume all responsibility for any losses or damage occurring to you due to such disclosures.
You also declare that you understand that instructors' right to withdraw the content from site at any point in time. You indemnify PROCKC from any loss or damage arising out of withdrawal of content from the instructors.
You shall notify PROCKC immediately in case of unauthorized, unlawful use of your account.
You understand that PROCKC does not guarantee continuous availability of a particular instructor. So the payment for the content shall be valid till the time content is permitted to be present on PROCKC by instructor. Once the instructor withdraws the content, PROCKC cannot provide any service with regards to that content.
You shall have no recourse to refund for any of the content. For any grievances you please write to contactus@prockc.com with full details.
No warranty shall be applicable on any of the content marketed, displayed, or sold through PROCKC and its features. It is provided to you under "as is" basis. No express or implied warranties shall be claimed on content purchased through PROCKC.
PROCKC and its partners do not undertake to provide you uninterrupted service or error-free and that server services shall be free of viruses. Your use of the service is entirely at your own risk having understood all these risks.
NEITHER PROCKC NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR MATERIALS, INCLUDING ANY MATERIALS AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE SERVICES OR ANY THIRD PARTY PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE THROUGH ANY THIRD-PARTY PLATFORM, SUBMISSIONS OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, MATERIALS, SUBMISSIONS, PRODUCTS, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PROCKC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO PROCKC IN THE PRECEDING SIX (06) MONTHS, IF ANY, TO ACCESS OR USE THE SERVICES. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND PROCKC OR A REPRESENTATIVE OF PROCKC CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Further, you recognize that PROCKC has the right to schedule system outages if need arises, any damages arising out of such an event shall not be claimed from PROCKC. You recognize that there are risks associated with such events, including in extreme events, loss of data. Though PROCKC would attempt to remedy the situation, there will be no obligation upon PROCKC to remedy the situation.
You represent that you indemnify PROCKC and its associates, employees, directors and any other person connected with PROCKC to provide you service shall be indemnified against all foreseeable losses, expenses, damages, costs, claims and demands.
PROCKC reserves the sole right to modify or terminate your account if your account falls in breach of any of the clauses herein.
Disputes arising out of the enforceability of contract shall be under arbitration under Indian Laws at Bareilly.
Last Updated on 26-Jan-2019