OJAAY TERMS OF USE

Customer Service

Your use of the OJAAY.com website www.OJAAY.com (hereinafter referred to as "OJAAY.com." and “the Site”) and services and tools are governed by the following terms and conditions as applicable to OJAAY.com. If you transact on OJAAY.com, you shall be subject to the policies that are applicable to the website for such transaction
For the purpose of these terms of use, wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as a Registered User.

When you use any of the services provided by OJAAY.com, including but not limited to, (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. OJAAY.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, OJAAY.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.


ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING

Membership Eligibility

Use of the OJAAY.com Website is available only to persons who can form legally binding contracts under governing laws in countries where they domicile. If you are a minor i.e. under the age of 16 years, you may not register as a member of OJAAY.com and may not transact or use OJAAY.com website. As a minor if you wish to use or transact on OJAAY.com, such use or transaction may be made by your legal guardian or parents who have registered as users of OJAAY.com. OJAAY.com reserves the right to terminate your membership and refuse to provide you with access to OJAAY.com if it is brought to OJAAY.com’s notice or if it is discovered that you are under the age of 16 years.

Your Account and Registration Obligations

If you use OJAAY.com, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete that OJAAY.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, OJAAY.com has the right to indefinitely suspend or terminate or block access of your membership with OJAAY.com and refuse to provide you with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to OJAAY.com, You agree and understand that You are communicating with OJAAY.com through electronic records and You consent to receive communications via electronic records from OJAAY.com periodically as and when required. OJAAY.com may communicate with You by email or by such other mode of communication, electronic or otherwise.

Charges

Membership on OJAAY.com is free. OJAAY.com does not charge any fee for browsing and buying on OJAAY.com. However OJAAY.com reserves the right to charge fee and change its policies from time to time. In particular, OJAAY.com may at its sole discretion introduce new services and modify some or all of the existing services offered on OJAAY.com. In such an event OJAAY.com reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on OJAAY.com. Unless otherwise stated, all fees shall be quoted in the United States Dollars(USD). You shall be solely responsible for compliance of all applicable laws including those in your country of domicile for making payments to OJAAY.com.

Use of OJAAY.com Website

You agree, undertake and confirm that your use of OJAAY.com shall be strictly governed by the following binding principles: You shall not host, display, upload, modify, publish, transmit, update or share any information that:

(a) Belongs to another person and to which you do not have any right

(b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" or misleading in any way.

 (c) Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; 

(d) Harasses or advocates harassment of another person;

(e) Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";

(f) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(g) Infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(h) Promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(i) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(j) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(k) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(l) Contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian)
(m) Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(n) Engages in commercial activities and/or sales without OJAAY.com's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout this Terms of Use, OJAAY.com "prior written consent" means a communication coming from OJAAY.com Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
(o) Solicits gambling or engages in any gambling activity which OJAAY.com, in its sole discretion, believes is or could be construed as being illegal;

(p) Interferes with another user's use and enjoyment of OJAAY.com Website or any other individual's user and enjoyment of similar services;

(q) Refers to any website or URL that, in the sole discretion of OJAAY.com, contains material that is inappropriate for the OJAAY.com Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use
(r) Harm minors in any way;

(s) Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; 

(t) Violates any law for the time being in force;

(u) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(v) Impersonate another person;

(w) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(x) Threatens the unity, integrity, defence, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(y) Shall not be false, inaccurate or misleading; 

(z) Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. 

(aa) Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(ab)You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. OJAAY.com reserves the right to bar any such activity
(ac)You shall not attempt to gain unauthorized access to any portion or feature of OJAAY.com website, or any other systems or networks connected to OJAAY.com Website or to any OJAAY.com’s server, computer, network, or to any of the services offered on or through OJAAY.com Website, by hacking, password “mining” or any other illegitimate means
(ad)You shall not probe, scan or test the vulnerability of OJAAY.com website or any network connected to OJAAY.com website nor breach the security or authentication measures on OJAAY.com website or any network connected to OJAAY.com Website.
(ae)You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to OJAAY.com Website, or any other customer of OJAAY.com, including any OJAAY.com account not owned by you, to its source, or exploit OJAAY.com Website or any service or information made available or offered by or through OJAAY.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by OJAAY.com Website
(af)You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of OJAAY.com Website or OJAAY.com’s systems or networks, or any systems or networks connected to OJAAY.com
(ag)You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website
(ah)You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to OJAAY.com on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity
(ai)You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of OJAAY.com or others
Solely to enable OJAAY.com to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. OJAAY.com will only use Your Information in accordance with the terms of use and OJAAY.com’s Privacy Policy
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects.
(aj)You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner
(ak)You shall not lift (i.e. copy and paste) images of courses or other products you want to sell on OJAAY.com from other websites, images to be used must be original images and not stolen images or content posted on another site. And in the event that you violate this term, you hereby indemnify OJAAY of any third party claim thereon
(al)You shall not engage in advertising to, or solicitation of, other users of OJAAY.com to buy or sell any courses or other products or services, including, but not limited to, courses or other products or services related being displayed on OJAAY.com or related to OJAAY.com. You may not transmit any chain letters or unsolicited commercial or junk email to other users via OJAAY.com. It shall be a violation of these Terms of Use to use any information obtained from OJAAY.com in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of OJAAY.com without OJAAY.com’s prior explicit consent. In order to protect our users from such advertising or solicitation, OJAAY.com reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which OJAAY.com deems appropriate in its sole discretion
(am)You understand that OJAAY.com has the right at all times to disclose any information (including the identity of the persons providing information or materials on the OJAAY.com Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury

OJAAY.com reserves the right, but has no obligation, to monitor the materials posted on OJAAY.com website. OJAAY.com shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of OJAAY.com,
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE OJAAY.COM WEBSITE AND IN YOUR PRIVATE MESSAGES.


Please be advised that such Content posted does not necessarily reflect the views of OJAAY.com. In no event shall OJAAY.com assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on OJAAY.com. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through OJAAY.com, including payment and delivery of related services or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. OJAAY.com shall not be 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 advertisers on OJAAY.com.

It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on OJAAY.com and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of OJAAY.com, and that the recipient may use such information to harass or injure you. OJAAY.com does not approve of such unauthorized uses but by using the OJAAY.com Website you acknowledge and agree that OJAAY.com is not responsible for the use of any personal information that you publicly disclose or share with others on OJAAY.com. Please carefully select the type of information that you publicly disclose or share with others on OJAAY.com.

OJAAY.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on OJAAY.com is owned, controlled or licensed by or to OJAAY.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of OJAAY.com and no Content may be copied, reproduced, re-published, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without OJAAY.com’s express prior written consent.

You may use information on OJAAY.com courses or other products and services purposely made available by OJAAY.com for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Content"). Such Content will become the property of OJAAY.com and you grant OJAAY.com the worldwide, perpetual and transferable rights in such Content. OJAAY.com shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by OJAAY.com, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

Other Businesses

OJAAY.com does not take responsibility or liability for the actions, courses or other products, content and services on OJAAY.com website, which are linked to Affiliates and / or third party websites using OJAAY.com APIs or otherwise. In addition, OJAAY.com may provide links to the third party websites of affiliated companies and certain other businesses for which, OJAAY.com assumes no responsibility for examining or evaluating the courses or other products and services offered by them, and OJAAY.com does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). OJAAY.com does not in any way endorse any third party website(s) or content thereof

Links

OJAAY.com welcomes links to this site. You may establish a hypertext link to OJAAY.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by OJAAY.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on OJAAY.com, including any logos or characters, without the express written consent of OJAAY.com and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the OJAAY.com website without OJAAY.com’s prior written consent.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that you and Your Personal Information is one of our most important assets. We process Your Information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under.
Our current Privacy Policy is available at https://doc.OJAAY.com/privacy_policy.php .
If you object to your Information being transferred or used in this way please do not use OJAAY.com website Information submitted may be made available to OJAAY partners who can in turn use it for verification purposes

Mandatory Declaration – Computers

  1. You hereby declare that you have provided all necessary Legal Delivery Details for the delivery of the Product/Service as specified by you in the Order.
  2. You further declare that the Product/Service will be acquired for personal use of the Consignee and/or Buyer. The Product/Service will not be sold, resold, bartered or in any way disposed for profit.

Disclaimer Of Warranties And Liability

This website, all the materials and courses or other products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on OJAAY.com on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, OJAAY.com does not warrant that:

OJAAY.com will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, OJAAY.com website.

OJAAY.com does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through OJAAY.com website; their servers; or electronic communication sent from OJAAY.com are free of viruses or other harmful components.

Nothing on OJAAY.com constitutes, or is meant to constitute, advice of any kind.

All the courses or other products sold on OJAAY.com are governed by different country and state laws and if OJAAY.com is unable to deliver such courses or other products due to implications of different country and state laws, OJAAY.com will return or will give credit for the amount received by OJAAY.com from the sale of such product, that could not be delivered to you.

You may be required to enter a valid phone number while placing an order on OJAAY.com. By registering your phone number with us, you consent to be contacted by OJAAY.com via phone calls and / or SMS notifications, in case of any order or delivery or delivery related updates. OJAAY.com will not use your personal information to initiate any promotional phone calls or SMS'

Services While availing any of the payment method/s offered at OJAAY.com, OJAAY.com will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by you and between your "Bank/s", or
  3. Any payment issues arising out of the transaction, or
All payments made against the purchases/services on OJAAY.com by you shall be compulsorily in the United States Dollars or other currencies stated on the OJAAY.com Website and acceptable in other countries. OJAAY.com does not accept any other form of currency with respect to the purchases made on OJAAY.com. Without limiting other remedies, OJAAY.com may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to OJAAY.com website in the event, but not limited to:
  1. If you breach the Terms of Use or Privacy Policy or other rules and policies, if any;
  2. If OJAAY.com is unable to verify or authenticate any information you provide; or
  3. If it is believed that your actions may cause legal liability for you, other Users or OJAAY.com. OJAAY.com may at any time at its sole discretion reinstate suspended users. A User that has been suspended or blocked may not register or attempt to register with OJAAY.com or use OJAAY.com Website in any manner whatsoever until such time that such User is reinstated by OJAAY.com. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other ruler and policies, OJAAY.com reserves the right to recover any amounts due and owing by you to OJAAY.com and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Merchant Service Agreement

Introduction

OJAAY reserves the right to alter these Terms & Conditions at any point without notice, by updating the content on the OJAAY website.

Agreement

In consideration of the mutual covenants set forth in this Agreement, seller or course creator or other relevant personnel or Course Creator or Partner and OJAAY (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:

  1. Services Rendered
  2. The seller or course creator or other relevant personnel agrees to compensate OJAAY for the services rendered listed in section 2 below (“Services”).
  3. Delivery of Services
OJAAY will use reasonable diligence in rendering the Services offered to the seller or course creator or other relevant personnel, which include the following:
- Online E-Learning portal tailored to the seller or course creator or other relevant personnel with payment gateway and escrow service at OJAAY.com;
- Access to a dedicated account officer and other account management services;
- Access to logistics partners;
- Provision of analytics;
- seller or course creator or other relevant personnel Services Helpline Number (Mon – Fri; 08:00 – 18:00 UTC)
- E-marketing, and other marketing services as available and appropriate

OJAAY may at its sole discretion add or remove Services from the above list from time to time and some of the new services may attract separate charges, in which case the seller or course creator or other relevant personnel will be informed before provision of the said services.

OJAAY reserves the right to alter or vary the available Services, the nature of the Services and any charges at its sole discretion.

The seller or course creator or other relevant personnel agrees to use reasonable diligence in providing OJAAY with genuine courses or other products, up-to-date product quantity information and accurate product information.

Compensation

For all of the Services provided by OJAAY under this Agreement, the seller or course creator or other relevant personnel shall compensate OJAAY, with commissions or other payments as required, in accordance with the terms of the ‘Commission Structure’, which will be communicated to all Course creators, partners or other seller or course creator or other relevant personnels; or agreed in advance between both parties, or detailed elsewhere on the OJAAY website.

OJAAY will from time to time review the category commission structure and will notify the seller or course creator or other relevant personnel of any changes by communicating directly to Course creators, partners or other seller or course creator or other relevant personnels, or publishing the same on OJAAY’s website not less than fourteen (14) days before any variation in commission rate or charging structure takes place. OJAAY will remit payments for sales generated by the seller or course creator or other relevant personnel on its platform minus the agreed commission and all applicable taxes as soon as courses or other products sold have been delivered and applicable return period has lapsed, or as agreed between the Parties.

Confidentiality

The seller or course creator or other relevant personnel and OJAAY acknowledge and agree that the scope of work and all other documents and information related to the development of the Services (the “Confidential Information”) will constitute valuable trade secrets of OJAAY. seller or course creator or other relevant personnel shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without OJAAY’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public.

Independent Contractor

OJAAY shall be deemed as an independent contractor. OJAAY will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. seller or course creator or other relevant personnel will not withhold or pay any income tax, social security tax, or any other payroll taxes on OJAAY’s behalf. OJAAY is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the seller or course creator or other relevant personnel. OJAAY understands that it will not be entitled to any fringe benefits that seller or course creator or other relevant personnel provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.

Entire Agreement

This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. OJAAY reserves the right to alter these terms and conditions at any point without notice, by updating the content on the OJAAY website.

Indemnification

seller or course creator or other relevant personnel warrants that everything it gives OJAAY to use in the delivery of the Services or any deliverable is legally owned or licensed to the seller or course creator or other relevant personnel. The seller or course creator or other relevant personnel agrees to indemnify and hold OJAAY, its employees and associates harmless from any and all claims brought in the performance of the Services. seller or course creator or other relevant personnel shall indemnify and hold OJAAY harmless in respect of any action that may be taken against it, or any claims that may be brought against it, for whatever reason and of whatever nature – including, but not limited to, breach of law, regulation and/or any of the obligations and warranties under this Contract – by any third party in respect of the Contents and/or the Services and/or any and all activities related and connected to the Contents and/or the Services, irrespective of any direct liability of the seller or course creator or other relevant personnel (“Third Party Claim”).

Limitation of Liability

A) Merchant agrees to indemnify, defend and hold harmless OJAAY against and from any third party claims (including reasonable legal or arbitration costs) arising from;
(i) any breach or default on the part of the merchant of any obligations
(ii) negligent act or omission of merchant; or
(iii) wilful violation of the law, wrong description and price of courses or other products advertised; or
(iv) an offence committed by a merchant(course creator, partner and manager),
(v)provision of fake, inferior or substandard courses or other products that have been sold as genuine;
(vi)Listing and selling courses or other products that have not been authorized by applicable laws.
(vii)Fails to meet the Quality Of Service Standards (QoS) as defined
(viii)Engages in any activity which would be considered illegal under the laws of applicable countries, or engages in any activity that could be considered as fraudulent or misleading.

Term & Termination

Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party.

OJAAY has the right to evict the seller or course creator or other relevant personnel from OJAAY if any, or a combination, of the following breaches are committed:
- Fails to make a course that has been subscribed to on OJAAY available for classroom delivery within three (3) business days after it was supposed to be available for delivery;
- Provides fake, inferior, low quality, empty or substandard courses or other products that have been sold as genuine or as high quality;
- Fails to meet the Quality Of Service Standards (QoS) as defined (details on request);
- Engages in any activity which would be considered illegal under applicable laws, or engages in any activity that could be considered as fraudulent or misleading;
- Engages in any activity that brings OJAAY, or any of OJAAY’s partners or other OJAAY users into disrepute
OJAAY reserves the right to alter these QOS rules at any time, and in the event of any changes OJAAY will inform the seller or course creator or other relevant personnel by publishing the same on OJAAY’s website. OJAAY will send a formal warning to the seller or course creator or other relevant personnel after each incident

Policy on Counterfeit and Unauthorized Courses or Other Products on OJAAY

OJAAY is committed to delivering high quality courses or other products and service to customers at all times, and we strive to ensure that all Courses or other products sold by all merchants via the OJAAY E-Learning portal are held to the same high standards. OJAAY has zero tolerance for counterfeit courses or other products, and does not allow the sale of fake/replica, empty, sub-standard or otherwise unauthorized items. It is the responsibility of each merchant and partner to mak available on OJAAY.com only authentic and high quality content. If a merchant is determined by OJAAY to have sold inauthentic or otherwise unauthorized courses, materials or courses or other products, OJAAY may suspend or terminate the merchant's ability to sell on OJAAY immediately and without warning, and current and future payments held by OJAAY on the merchant’s behalf may be forfeited and withheld in accordance with OJAAY.com's Authentic Items Policy.

Insurance

Course creators, partners or other seller or course creator or other relevant personnels shall be responsible for insurance in relation to books and other materials shipped to customers and students.

Copyright and Infringement Trademark

OJAAY respects all copyright and trademarks of others. As a seller or course creator or other relevant personnel on our website you must in turn respect these rights. OJAAY will immediately terminate or suspend a seller or course creator or other relevant personnel who infringes another’s trademark or copyright.

Independent Contractors

The Parties hereby enter into this Agreement as independent contractors, and this Agreement will not be construed to create a partnership, joint venture, or employment relationship between them. Neither Party will represent itself to be an employee of the other or enter into any agreement or legally binding commitment or statement on the other’s behalf or in the other’s name.

Restrictions and Prohibitions

- All course or other product descriptions must be true, accurate and non-misleading
- Courses or other products sold by Course creators, must not be fraudulently obtained or involve the sale of counterfeit or stolen items
- Course creators, partners or other seller or course creator or other relevant personnels must not infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; OJAAY will in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of course creators, partners or other seller or course creator or other relevant personnels who may be infringers
- Course creators, partners or other seller or course creator or other relevant personnels must comply with governing laws, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti-discrimination or false advertising).
- Description of courses or other products must not be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities. - No display of images containing pornography is permitted.
- You may not sublease Your account or give another access to Your account or sublease Your Partner account to third parties;
- Course creators, partners or other seller or course creator or other relevant personnels must not incur liability for OJAAY and its subcontractors or expose them to undue risk or otherwise engage in activities that OJAAY, in its sole discretion, determines to be harmful to OJAAY's affiliates, operations, reputation, or goodwill.
- Course creators, partners or other seller or course creator or other relevant personnels must not post or display any materials that exploits or otherwise exploits children under age of 18 years.
- Course creators, partners or other seller or course creator or other relevant personnels must not conduct activities such as gambling, sweepstakes, raffles and lotteries.

Force Majeure

The Parties agree that there shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God PROVIDED however that where an event of force majeure subsists for more than One (1) month the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the countries where they apply in force from time to time and any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of courts.

SECOND TERMS AND CONDITIONS FOR GIVE/DONATIONS

Acceptance of any contribution, gift or grant is at the discretion of OJAAY. The OJAAY will not accept any gift unless it can be used or expended consistently with the purpose and mission of OJAAY.

No irrevocable gift, whether outright or life-income in character, will be accepted if under any reasonable set of circumstances the gift would jeopardize the donor’s financial security.

OJAAY will refrain from providing advice about the tax or other treatment of gifts and will encourage donors to seek guidance from their own professional advisers to assist them in the process of making their donation.

OJAAY will accept donations of cash or publicly traded securities. Gifts of in-kind services will be accepted at the discretion of OJAAY.

Certain other gifts, real property, personal property, in-kind gifts, non-liquid securities, and contributions whose sources are not transparent or whose use is restricted in some manner, must be reviewed prior to acceptance due to the special obligations raised or liabilities they may pose for OJAAY.

OJAAY will provide acknowledgments to donors meeting tax requirements for property received by the charity as a gift. However, except for gifts of cash and publicly traded securities, no value shall be ascribed to any receipt or other form of substantiation of a gift received by OJAAY.

OJAAY will respect the intent of the donor relating to gifts for restricted purposes and those relating to the desire to remain anonymous. With respect to anonymous gifts, OJAAY will restrict information about the donor to only those staff members with a need to know.

OJAAY will not compensate, whether through commissions, finders' fees, or other means, any third party for directing a gift or a donor to OJAAY.