Terms and Conditions

Welcome to Nerdbird! Come discover the most amazing learning experiences for your children, with a promise of safety and quality.

Nerdbird, the owner of “nerdbird.io” (“we”, “us” or “our"), provides its users (“User”) an online marketplace with a wide variety of online educational products and services through its website (“Services”), subject to the following Terms of Use (“Terms”), which may be updated, amended, modified, from time to time without any prior notice. User’s use of Services shall constitute an acceptance of these Terms (including the policies referred in these Terms such as Privacy Policy which shall be enforceable as a binding contract between the User and us. As some of our Services may require the User to download software(s) on to User’s computer, phone, tablet, or other device, the User agrees that we may automatically update such software, and that these Terms shall apply to such updates as well. Such software may include an application (“Application”) to offer Services that may be used on Android, iOS, Windows or any other platform compatible for multiple devices such as smart phones, tablets, laptops, or any other device and its corresponding upgrades from time to time.

Please read these Terms carefully and do feel free contact us on connect@nerdbird.io if there are any questions or the User requires any help. We reserve the right to edit the present Terms at any time with or without prior notification to the User. Each time a User accesses Services, he/she shall be deemed to have accepted the latest and the then-in-force Terms.

  1. Who may use our Services and how?
  2. User may use our Services only in compliance with these Terms and all applicable laws.

    User may visit our website and register with us with a unique account and password (“User Account”) and sign-in to avail our Services. Some Services may also be availed without creating a User Account. We may need to access User specific data including personal data such as identity, contacts, media, User device ID, call information, etc. for which the User, hereby expressly and unambiguously grants his/her absolute consent. Information provided during the registration process will help us in offering content, customer service and network management. All such information shall be subject to our Privacy Policy

    Upon accessing and availing any Service from our website, the User (either directly or through a parent or local guardian) shall be deemed to have accepted these Terms and entered into a legally binding and enforceable contract with us in accordance with the Indian Contract Act, 1872. For creating the User Account, and for using certain features of the website, the User should provide us with true, accurate and complete information such as his/her name, valid e-mail address; and agree to update such information from time to time, so as to keep it accurate and complete all throughout the duration of the Services.

    Any use of the website or access to the Services by any person under the age of 18 years, without supervision from a parent, guardian or family member, for creating the User Account and availing Services, is prohibited. By creating a User Account, the User confirms that he/she is either at least 18 years of age or has created the User Account under the supervision and consent of his/her parent, guardian or family member. All Services offered and rendered by us are on the implied assumption that the User is competent to contract under the Indian Contract Act, 1872 and other applicable laws governing the User’s electronic acceptance to these Terms.

  3. Proprietary rights and license
  4. User acknowledges that our website, Services, Application, any underlying technology used in connection with the Application and Services, including but not limited to all softwares, information, course, data, lessons, modules, test papers, score sheets, results, analytics, third party data, communications, text, graphics, links, electronic art, animations, audios, videos, photos, and other data (including User score sheet, lesson, test results, and such material) (collectively called the “Content”) available or accessible on the Application and/or website is provided by us or third party providers who are the owners thereof and are the respective copyrighted works of such third parties and/or us. Except as expressly authorized by us or such third parties in these Terms or any updates thereof, the User may not copy, reproduce, publish, distribute, modify, create derivative works of, display, compile or collect in a database, or in any manner commercially exploit any part of the Content, in whole or in part.

    User hereby agrees that he/she shall not make any unauthorized modifications or edits to any Content, except for such modification, as may be expressly provided by us or the third party providers. User further acknowledges that we and/or the third party providers are the owners of the Content and the intellectual property rights in such Content and that the User does not acquire any intellectual property rights in such Content by downloading and saving it. In case of any unauthorized use of the Content by the User or any other person who received the Content from the User, the User hereby warrants and agrees to indemnify us at all times, even if the User is no longer availing Services. Notwithstanding anything contained herein, we reserve the right to seek damages and other remedies permissible under applicable law for any unauthorized use of the Content.

  5. Conditions of Use
    1. User shall not allow, directly or indirectly, any third parties to (i) make and distribute copies of the Content and the Application, (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Content or the Application; or (iii) create derivative works of the Application of any kind whatsoever.
    2. The Application is made available to the User for personal and non-commercial use only; and we reserve the absolute right to amend or withdraw the Application, or impose a sum of money as fee for accessing the Application or using the Services, at any time and for any reason.
    3. User acknowledges that its terms of agreement with his/her respective mobile network provider (“Mobile Service Provider”) shall apply while accessing the Services. As a result of using the Application, the User may be charged by the Mobile Service Provider for accessing the mobile network connection (“MSP Charges”). The User agrees to pay such MSP Charges, as applicable, when the User accesses the Services or upgrades the Application, either manually or automatically.
    4. We may integrate the Application and render Services with third party owned social media applications, including but not limited to Facebook, Twitter, Instagram, etc., as well as their corresponding updates (“Social Media”). Due to this integration, the User may opt to sign-in the Application using his/her Social Media account and access Services rendered by us. Such integration and acceptance of the integration by the User may result in some of the User’s performance, such as score sheets, test results, individualized performances, etc. being shared on Social Media if the User’s profile on such Social Media permits so or if the User specifically agrees to share such performance data through us. We shall not publish any data on Social Media without the User’s express consent. Any data shared on Social Media shall be governed by the terms of use of the respective Social Media and we assume no responsibility once any data is published on Social Media.
    5. We are the owner of all User activity like log, lessons, download history, score sheet, tests, reports, assessments, and other material (“User Activity Data”); and have the absolute discretion to determine whether to share User Activity Data with the User at his/her request or with any third party. The User hereby agrees that we shall have copyright and other proprietary and intellectual property rights in all User Activity Data.
    6. We may, at our sole discretion, use the User Activity Data, or any other data shared by the User, to send updates, messages, advertisements, notifications, etc. which may be via e-mail, messages in the Application, push-message notifications, SMS, etc. The User unambiguously consents to receiving such updates and messages by consenting to use the Services.
  6. Availability of website
  7. We will use reasonable efforts to make the website available at all times. However, the User acknowledges that the Services may not be available due to reasons outside our control such as, without limitation, while upgrading the website, limited Internet or connectivity due to the services rendered by Mobile Service Provider, etc. In such an event, the User shall not hold us liable, including but not limited for any direct or indirect loss.

  8. Limitation of Liability
    1. In no event will we be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any nature whatsoever, arising out of access to the Application, availing Services, using the Content, including loss of profit or the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise. Our total liability shall be capped at the 50% fee paid by the User in the preceding month of the alleged breach.
    2. We are not liable to the User for any damage or alteration to the User device including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application and the Services.
    3. We are not affiliated with CBSE/ICSE/International Baccalaureate or any other state educational board (“Affiliating Bodies”) for certification of courses and study materials provided as part of Services. Resources available on our Website/Application/Services are in addition to the syllabus and teaching schedule approved by Affiliating Bodies and the Ministry of Human Resource Development. While we have taken all reasonable steps to ensure that the entire Content on our website is accurate, we do not make any representations or warranties with respect to the Content and the User agrees to access the Services at its own risk and free will.
    4. The User acknowledges that we are not a government recognized school, distant education institution or certifying board, and that qualifying all school examinations conducted by the school or Affiliating Bodies shall be the sole responsibility of the User. The User further agrees that we shall have no liability whatsoever for the User’s performance, scores, results in the examinations and assessments conducted by Affiliating Bodies.
    5. While we try our best to ensure that the Content and/or any other information provided as part of our Services is reliable and comprehensive, unintentional errors cannot be ruled out; hence, we give no warranty for accuracy, completeness or adequacy and will not be liable in any manner whatsoever for any Content and/or Services provided to the User. Any test analysis, preparation suggestions, courses, tips, advice, etc. given by us are merely recommendations and following them is in the absolute discretion of the User.
    6. The User acknowledges that the various classes (virtual and in-person) listed on the platform are created, curated, shot and recorded by the teacher and we are not responsible or liable for the content, curriculum, teaching style, syllabus covered and behaviour of other students attending any class listed on our website.
    7. Attending classes listed on the website and/or availing our Services in any other manner does not guarantee or assure better academic grades or professional success. The User understand and acknowledges that we cannot be held liable in any manner if the User does not benefit from the classes listed on our website.
    8. The User confirms and understands that Nerdbird is only an online marketplace and acting as an intermediary connecting tutors/teachers with students. As such, we do not take responsibility for the classes, curriculum, teaching style, content, etc. of any of the physical or virtual classes listed on our website. We encourage Users to try classes before registering from them. If there are any questions or concerns, we also encourage Users to directly take it up with teachers. Nerdbird shall always be available to assist and facilitate any communication between the User and teachers.
  9. Indemnification
  10. User agrees to indemnify us and hold us harmless, including our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third-party claims, losses, liabilities, legal costs, compensation and damages arising from his/her/its access to or use of the Services, violation of this Agreement, or the infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. We shall notify the User promptly of any such claim, loss, liability, or demand.

  11. Termination
  12. We may terminate or suspend access to the website or the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, for any breach of the Terms. User may discontinue his/her access to the website and the Services at any time.

  13. Governing Law and Dispute Resolution
  14. The present Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. All disputes shall be decided by single arbitrator mutually appointed by the User and us. In case the parties cannot mutually nominate an arbitrator, the arbitrator’s appointment shall be governed in accordance with the Arbitration & Conciliation Act, 1996. All arbitration costs shall be equally borne by the User and us. The seat of arbitration shall be Bangalore and all proceedings shall be conducted in English.

  15. Data Protection
  16. Any personal information of the User supplied to us when entering into the contract and registering with the website to avail Services shall be used by us in accordance with its Privacy Policy

  17. Severability & Waiver
  18. In case of non-compliance of these Terms, we reserve the right to take necessary action including but not limiting to termination of the Terms, and appropriate legal actions. Our failure to enforce any right or provision under these Terms will not be considered as waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining clauses of these Terms will continue to be binding and remain in effect. These Terms constitute the entire agreement between the User and us regarding use of the Application and the Services, and supersede and replace any prior agreements we might have with the User.

  19. Disclaimer of Warranties
  20. To the maximum extent permitted by law, we hereby disclaim all implied warranties with regard to the Application, the Content and the Services. The Application, its underlying software and the Content are provided “as is” and “as available” without representation and warranty of any kind.

  21. IT Security & Miscellaneous
  22. The website may be linked to third parties, affiliates, sponsors and other business partners. We have no control over, and are not liable or responsible for the content, accuracy, validity, reliability, quality of such websites as redirected or made available by/through the Application. Inclusion of any link on the website does not imply that we endorse the linked site. User may use the links and these services at User’s own discretion & risk.

    We assume no responsibility, and shall not be liable for, any damages caused by viruses, trojans or other forms of malware, adware & other malicious programs that may infect User’s computer system or mobile handset. If a User is dissatisfied with the Services, User’s sole remedy is to discontinue using the Services.

    If the User has any question, issue, complaint or feedback regarding any of our Services, please contact our customer service connect@nerdbird.io