Terms of Service
Terms & Conditions
By accessing our app, ‘TestGreat Educate’ or ‘TestGreat Learners’ (together refers to the “App”) and our website www.testgreat.com you agree to be bound by the provisions of these Terms of Service.
The domain name, Website and App is owned, registered and operated by TestGreat Pvt. Ltd., a private company incorporated under the Companies Act, 2013, bearing CIN U74999DL2019PTC344975, and having its registered office at D-6/8, Okhla phase-2, New Delhi.
These terms and conditions are between the Company and the Users, who are registered with us on the Website or App. The Users can be:
1. An educator contributing to the User Content.
2. A person utilizing the User Content created by an educator.
Please read these Terms of Service as they shall govern your use of the TestGreat website and App. By using or visiting the TestGreat website, app or any TestGreat products and services provided to you on, from, or through the TestGreat website you signify your agreement to:
1) These “Terms of Service”
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version of www.badabusiness.com.
Bada Business may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions.
Your continued use of the Services post any modification of the Terms of Service shall be taken as your consent and acceptance to such modifications.
Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
1. These Terms of Service apply to all Users of the Service, including Users and educators who are also contributors of the User Content. The Service includes all aspects of Bada Business website, which is not limited to products, software and services offered by Bada Business website and/or App, such as the Bada Business online platform, Bada Business Plus, Bada Business Bytes and any other service or application that Bada Business introduces from time to time.
2. The Website and/or App are an online platform that supports and facilitates the online creation of educational videos and/or tutorials, by the Users of the Website and/or App as an intermediary between the educator and the User. A User may create a video, audio clip or tutorial using our Services. Such content uploaded through the use of our Services or otherwise submitted to us for uploading on our Website and/or App shall hereinafter be referred to as “User Content”.
You agree and acknowledge that Bada Business has no control over and assumes no responsibility for the User Content, and by using the service, you expressly relieve Bada Business from any and all liability arising from the User Content.
5. You agree and acknowledge that Bada Business shall have the right at any time to change or discontinue any aspect or feature of the Website and/or App, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, Bada Business may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Bada Business reserves the right to refuse access to the Website and/or App, terminate accounts, remove or edit contents without any notice to the User.
Bada Business Accounts
In order to access some of the features of the Service, you may have to create your account with Bada Business. You agree and confirm that you will never use another User’s account without permission of the said User.
When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone.
You must notify Bada Business immediately of any breach of security or unauthorized use of your account. At no point in time will Bada Business be liable for your losses caused by any unauthorized use of your account; you shall solely be liable for the losses caused to Bada Business or others due to such unauthorized use, if any.
Bada Business takes no responsibility for any User Content, uploaded by Users on the Website and/or App, and further, the User shall be solely responsible for his or her own actions in utilizing such content and availing the Services provided herein.
Access, Permissions and Restrictions
Bada Business hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
1. You agree not to distribute in any medium any part of the Service or the Content without Bada Business’s prior written authorization.
2. You agree not to alter or modify any part of the Service.
3. You agree not to access Content of any other User through any technology or means other than the video playback pages of the Service itself.
4. You agree not to use the Service for any of the following commercial uses unless you obtain Bada Business’s prior written approval of:
►The sale of access to the Service;
►The sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
►The sale of advertising, sponsorships, or promotions on any page or website that provide similar service as that of Bada Business.
You agree to installs and updates from time to time from Bada Business. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Bada Business to deliver these to you) as part of your use of the Service.
6. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Bada Business servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Bada Business grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Bada Business reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Service with respect to User Content.
7. You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam.
Further, you give Bada Business limited, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its Service and in any of its marketing or promotional activities.
8. In your use of the Service, you will at all times comply with all applicable laws and regulations.
9. Bada Business reserves the right to discontinue any aspect of the Service at any time with or without notice at its sole discretion.
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
1. Bada Business Content utilized in the Service which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics on the Service, are owned by or licensed to Bada Business and subject to copyright and other intellectual property rights under the law.
2. User Content is provided to you on an As Is basis. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any User Content unless you see a “download” or similar link displayed by Bada Business on the Service for that User Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of Bada Business or the respective licensors of the User Content. Bada Business and its licensors reserve all rights not expressly granted in and to the Service and the Content.
3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
4. You understand that when using the Service, you will be exposed to User Content from a variety of sources, and that Bada Business is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bada Business with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Bada Business, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Content and Conduct
1. As a Bada Business User you may submit User Content on the Service, including videos and User comments. You understand that Bada Business does not guarantee any confidentiality with respect to any User Content you submit.
2. You shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you license to Bada Business all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Service pursuant to these Terms of Service for the duration the said User Content is available on the Bada Business’s Service platform.
3. For clarity, you retain your ownership rights in your User Content. However, by submitting User Content to Bada Business, you hereby grant Bada Business a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, and make available online or electronically transmit, and perform the User Content in connection with the Service and Bada Business’s (and its successors’ and affiliates’ business), including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service. The above licenses granted by you in video User Content you submit to the Service.
The Service terminates within a commercially reasonable time after you request Bada Business to remove or delete your videos from the Service provided. You pay the mutually agreed amount that Bada Business incurred in providing the Service platform to you.
You understand and agree, however, that Bada Business may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in User comments and testimonials you submit are perpetual and irrevocable.
4. You further agree that User Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Bada Business all of the license rights granted herein.
5. Furthermore, you confirm that the Content uploaded by you is not:
► False, inaccurate or misleading;
►Infringe any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
►Violate any law, statue, ordinance or regulation;
►Defamatory, unlawfully threatening or unlawfully harassing;
►Obscene or contain pornography.
►Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6. You understand and confirm that you shall not during your use of the Services at any time post or publish any content, comments or act in any way which will amount to harassment of any other User, whether a learner or an educator. If at any given point, it comes to the notice of Bada Business that you are engaged in any kind of harassment of other Users, then in such a case you agree that Bada Business shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
7. Bada Business at its sole discretion may process any audio or audio-visual content uploaded by you to the Service to confirm if the same is in accordance with the Bada Business internal quality requirements.
8. Bada Business does not endorse any User Content submitted to the Service by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Bada Business expressly disclaims any and all liability in connection with User Content. Bada Business does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Bada Business will remove all User Content if properly notified that such Content infringes on another’s intellectual property rights. Bada Business reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.
Paid Course Conditions
Further, the courses made available on Bada Business can be streamed live on the Website for a period of 2 years only, following which the video will be automatically deleted and access to the same shall be permanently shut down. To access the course/lessons, the User should have:
1. A minimum of 3 Mbps speed internet connection for optimal usage of Bada Business.
2. The course purchased on Bada Business is exclusive for the Users enrolled and who have paid and subscribed to it. You shall not give any unauthorized access or distribute or reproduce the Content to a third party.
In the event that Bada Business becomes aware of any Users giving unauthorized access to any third-party, Bada Business reserves the right to suspend or terminate the said User’s account.
Bada Business Intellectual Property Rights
The Service, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Website and/or App is owned and controlled by Bada Business and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include the User Content.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, Bada Business owns all IPR to and into the trademark “Bada Business”, and the Website and/or App.
The mark “Bada Business” is the sole property of Bada Business. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from Bada Business.
►If you as a User have uploaded any content as an educator, then in consideration for the Content uploaded by you, Bada Business shall make payment, if eligible, for the same based on the payment structure communicated to you from time-to-time.
►If you as a User have registered for a course, then you have to make all the required payments for the said course within the timelines mentioned on the page of the respective course.
►Payments shall be made within the timelines that are communicated to you. All payments made herein shall be subject to the applicable taxes.
Any refunds that are to be processed shall be processed in accordance with the Bada Business’s refund policy.
When you visit Bada Business or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically.
We will communicate with you by email or posting notices on this site. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
Termination of Account
1. Bada Business will terminate a User’s access to the Service, if:
►the User is a repeat copyright infringer;
►the User breaches any terms of these Terms of Service;
►violation of any applicable laws;
►your use of the Service disrupts our business operations or affects any other party/User; or
►You have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against Bada Business.
2. Bada Business reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that Bada Business deems fit from time-to-time. Bada Business may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a User’s account for submitting such material in violation of these Terms of Service.
3. We may suspend access to the Services or require you to change your password if we reasonably believe that the Services have been or are likely to be misused, and we will notify you accordingly. Any termination of your registration and/or account of the Services will not affect liability previously incurred by you.
If a User’s account is terminated for any of the above-mentioned reasons, Bada Business reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:
1. Bada Business shall at its sole discretion withhold or stop any and all the payments that are to be made to such User and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.
2. Payments shall not be made for the work that is the subject matter of any of the breaches.
3. User access shall be terminated immediately and the User shall not be able to access the said terminated account.
1. Bada Business operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third-party.
2. As part of Bada Business’s copyright policy, Bada Business will terminate User access to the Website if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
3. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given in the copyright policy on how to make a claim of copyright infringement.
Notice of Copyright Infringement
Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology Act of 2000, we are an intermediary platform that allows general public to post content on its online platform. We have implemented procedures for receiving written notification of claimed infringements on the content uploaded on our online platform. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication which contains:
►An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
►A description of the copyrighted work that you claim has been infringed upon;
►A description of where the material that you claim is infringing is located on the website, including the educator name, topic and any other detail identifying the infringing content;
►Your email address, your physical address and telephone number;
► A statement by you that you have a good faith and belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
►A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to our Copyright Agent as follows:
Email us at firstname.lastname@example.org
Or contact us by mail at:
Bada Business Pvt. Ltd.
D 6/8, Okhla Industrial Area Phase 2, Delhi
South Delhi, Delhi, India
Dealing with Copyright Infringements
We follow a 3 strike policy, which means that three instances brought to our notice will lead to the educator getting banned from our platform. His/her right to any and all compensation or monetary benefit that he/she might be eligible for shall be revoked.
First case of violation- The content is taken down and educator is given a warning and is suspended for a week from making any new courses.
Second case of violation- The educator is suspended from making any more videos on the platform for a month and all instances of copyright violations are brought down immediately.
Third violation- The educator is banned from the platform and will be unable to make any more courses in the future.
You will not without obtaining prior written consent of Bada Business, disclose to the third-party, any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Service.
For the purpose of this clause Confidential Information shall include but shall not be limited to pricing, payment terms, employee details, User list, business model, processes, ideas, concepts, etc. related to Bada Business, which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all-time be the property of Bada Business and any breach of the same shall cause irreparable damage to us.