Student Terms And Conditions

Please read these Terms & Conditions ("Terms") carefully before accessing or using this website OysterConnect.com (“the Website”) and/or the online, web-based project delivery / internship service applications and platform made available through the Website (“the Service”). These Terms govern the access to, and use of, the Website and the Service which are made available by Oyster Learning Pvt. Ltd., a company with its registered office at B - 49, Sector 44, NOIDA 201301 (“Oyster Learning”, “we”, or “our”).

By clicking the box indicating acceptance of these Terms, you acknowledge and agree that you have read and understood these Terms and that these Terms form a legal and binding agreement between Oyster Learning and you ("you" or "your"). If you do not agree to these Terms, do not access or use the Website or the Service or any part thereof.

  1. Registration
    1. To access and/or use the Service to apply for and participate in live projects or internships and/or contact mentors, you have to register yourself as a student and create an account (“Student Account”) with Oyster Learning.
    2. To register yourself as a student, you must provide certain contact and other information about yourself and create a Log-in ID and Password for accessing your Student Account. Once your Student Account is successfully created, you will receive an activation e-mail at the email address you provided while creating your Student Account. You can activate your Student Account by logging in to the Service using your Log-In ID and password. Your Student Account will remain active until terminated in accordance to these Terms and in the event of such termination, your right to access or use the Service will automatically cease unless you reopen or reactivate your Student Account.
    3. You will be solely responsible for safeguarding the security and confidentiality of the password for your Student Account and you will be solely responsible and liable for all actions initiated using your Log-in ID and password. If you become aware of any unauthorized use of your Log-in ID or password, you must notify Oyster Learning immediately by e-mail addressed to info@oysterconnect.com with the title “Unauthorized Use of User Name / Password”.
    4. You confirm that:
      1. you will access and use the Service only in accordance with these Terms;
      2. you will not share, assign or transfer your Log-in ID and password to any third party or do anything else that might jeopardize the security of your Student Account;
      3. you will provide true, accurate, current and complete information while creating a Student Account and at all other times and that you will keep all such information current, complete and accurate at all times for as long as your Student Account remains valid;
      4. you have created the Student Account, and will use the Service, only for your own benefit; and
      5. you will not create more than one Student Account and that if we disable your Student Account for any reason whatsoever, you will not create another one without our express permission.
    5. If you are, or if we have reasonable cause to suspect that you are, in violation of any of these Terms, Oyster Learning reserves the right to restrict, suspend, or terminate your Student Account and / or your use of the Service.
  2. Privacy
    1. You understand that any personal information you submit through the Service or the Website will be treated by Oyster Learning in accordance with the terms of our Privacy Policy available at http://oysterconnect.com/content/privacy-policy. This Policy shall be deemed to form part and parcel of these Terms. Therefore, please read our Privacy Policy carefully for information relating to how we collect, use and disclose your personal information.
  3. License and Limitations
    1. Subject to these Terms and for as long as your registration as a student with the Website remains valid, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and use the Service for your own personal purpose to:
      1. apply to and participate in live projects or internships submitted by mentors (“Project Mentor”) which are published and hosted on the Website by Oyster Learning. We reserve the right to accept or deny your application to undertake or participate in any project hosted on the Website depending upon our criteria as prescribed from time to time. Oyster Learning’s decision in this regard shall be final;
      2. use the email group and other interfaces made available as part of the Service to communicate with the Project Mentor and other student(s) working on the same project(s) as you, solely in connection with the your participation and role in the said project(s); and
      3. contact mentor(s) and request for an email, telephone call or a face-to-face meeting to discuss or answer any career / project related questions/queries you may have.
    2. Some features of the Website / Service may not be available to you unless you pay and purchase an upgrade to the basic free features of the Website/Services. Details of the features and advantages that attach to the difference subscription packages and the price for the same are available at . The paid features will be made available only if the applicable payment is received by Oyster Learning in a timely manner.
    3. All content, data, information or other materials available on the Website, including but not limited to code, images, logos, trade marks, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files and other content (except your Project Materials as defined below) are the property of Oyster Learning and/or its licensors and are protected by copyright and/or other intellectual property rights under applicable laws. You may use the said content and materials from the Website only for your own personal, non-commercial use in accordance with the license granted to you by these Terms. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any content or material from the Website, nor should you modify or create derivatives works of the same or any part thereof.
    4. All rights in the Website and the Service that are not expressly granted to you herein are reserved by Oyster Learning.
  4. License to your Materials
    1. Subject to Clause 4.2 below, any content, data, information or materials that you submit during your participation in any project(s) by or through the Service (“your Project Materials”) shall be assigned to and become the property of the Project Mentor and such Project Mentor has full ownership and right over your Project Materials. Oyster Learning shall not be responsible for any of your Project Materials which have been shared with third parties (either by you or your Project Mentor, including through the Service or through publication on the Website) and for any copies thereof made and/or stored by such third parties.
    2. By accepting these Terms, you grant to Oyster Learning, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right to copy, reproduce, translate, adapt, store, publish, issue copies or communicate and/or use, process or analyse, your Project Materials, in any way now known or in the future discovered, in connection with or to facilitate the services provided through the Website, without any further consent, notice and/or compensation to you or to any third parties.
    3. You understand that you submit your Project Materials to us at your own risk of loss. By providing your Project Materials to us, you represent and warrant that you have the necessary right and/or permission to submit it; that it is not confidential and not in violation of any law, contractual restrictions or the rights of any third party (including any intellectual property rights).
    4. When submitting any of your Project Material to us, you must ensure that it does not contain any viruses, adware, spyware, worms, or other malicious code.
  5. Your Obligations
    In consideration of the license granted to you, you hereby agree that you will:
    1. undertake and participate in the preliminary assessment tests conducted by Oyster Learning to select and assign appropriate student(s) to each project and you shall accept such decision of Oyster Learning as final and binding;
    2. diligently participate in any project or internship for which you are selected by Oyster Learning;
    3. maintain a professional and productive relationship with your Project Mentor and other student(s);
    4. in the course of undertaking the Project, observe all instructions and advise with respect to conduct, health and safety, and protection of persons and property, as may be communicated to you from time to time by the Project Mentor or Oyster Learning;
    5. complete your project in a timely and effective manner;
    6. be solely responsible for your interactions with your Project Mentor and other student(s). Oyster Learning reserves the right, but does not have the obligation, to monitor your interactions or communications exchanged with your Project Mentor and other student(s) and may, prohibit you from contacting your Project Mentor and other student(s) through the Service or otherwise limit your use of the Service, if Oyster Learning determines (in its sole discretion) that your conduct is unbecoming or that you are in violation of any of these Terms;
    7. promptly answer any questions or queries raised by your Project Mentor, update your Project Mentor on the status and progress of the project and make available any required information and documents to your Project Mentor as and when requested by your Project Mentor;
    8. amicably resolve / settle any conflict between yourself and other student(s) working with you on a project(s) or between yourself and your Project Mentor, whenever required. Oyster Learning reserves the right, but has no obligation, to monitor disputes between you and other users of the Website / the Service;
    9. accept the evaluation, assessment, recommendation and KSA ratings that may be provided by your Project Mentor(s) and accept these as final;
    10. respond to all emails or notifications from Oyster Learning promptly;
    11. make payment of subscription fee regularly, wherever applicable;
    12. enter into an non-disclosure agreement with the Project Mentor(s) if so requested by your Project Mentor(s). You will be solely responsible and liable for any breach of such non-disclosure agreement;
    13. access or use the Service and the Website only in compliance with all applicable laws, rules or regulations;
    14. report to Oyster Learning in the event you become aware of any disorderly, harassing or unprofessional behaviour/ conduct by any mentor(s) or student(s);
    15. not use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to store or transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that violates any third party’s rights of privacy/publicity or infringes or violates the intellectual property rights of any third party;
    16. not use the Service or any information obtained from the Website or the Service, to store or transmit viruses, worms, time bombs, Trojan horses and/or any other harmful or malicious code, files, scripts, agents or programs;
    17. not use the Service to send any unsolicited commercial communication or unauthorized advertising, junk mail, or spam;
    18. not request/ demand directly from your Project Mentor a certificate or any other document of such nature testifying to your completion of a project(s) or otherwise. The certificate to be granted to you on the successful completion of a project(s) shall be issued only by Oyster Learning;
    19. not request or solicit job offers, projects or other opportunities directly from mentors registered on the Website. All communications with mentors shall be through the tools/facilities provided through the Website/Service only. Unless otherwise expressly permitted by Oyster Learning, any other form of communication with mentors shall be a breach of these Terms;
    20. not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
    21. not collect, store or use personal data about other users of the Website or the Service other than in connection with your permitted use of the Service.
  6. Limitations of the Service
    1. The Service is an online-hosted service and as such the provision of the Service through the internet is subject to a variety of factors beyond the reasonable control of Oyster Learning, including any interruption or unavailability of the third-party hosting services used by Oyster Learning to host the Website and its Service. In no event shall Oyster Learning be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond Oyster Learning’s reasonable control.
    2. Oyster Learning hosts the project(s) submitted by mentors on the Website and students registered with Oyster Learning will be eligible to apply to and participate in any such hosted project(s). The availability of project(s) solely depends upon project(s) being submitted by mentor(s) to Oyster Learning and Oyster Learning does not guarantee that you will assigned to any project(s).
    3. Oyster Learning does not guarantee that you will be selected for a project(s). Oyster Learning will conduct preliminary assessment tests to select and assign appropriate student(s) for each project and only student(s) who achieve the required minimum results will be considered for the project(s). Oyster Learning will, solely at its own discretion, select the appropriate student(s) for each project and the decision of Oyster Learning in this regard shall be final and binding on you.
    4. Oyster Learning will not be responsible if you are not satisfied with the project you are assigned to. If you are not satisfied with the project, your sole remedy will be to inform your Project Mentor of the same along with cogent reasons for your dissatisfaction.
    5. Oyster Learning merely provides an online platform that allows you to connect and collaborate with mentors and other student(s) so that you can participate in projects for your own personal educational purpose. Oyster Learning does not control or supervise the mentor(s) and therefore, shall not be responsible for the assistance, guidance or interaction provided by mentor(s) to you on any project or their failure to do so. You shall be solely responsible for your communications with mentor(s). Oyster Learning shall not be responsible or liable for any transactions, interactions, conduct or communications between you and any mentor(s) on or through the Service or otherwise.Oyster Learning also does not control or supervise your conduct in the course of undertaking the project and you are responsible for conducting yourself as a prudent person would under the circumstances in the conduct of his/her own affairs. Therefore, you shall be solely responsible for your conduct and safety at all times.

       

  7. Third Party Websites
    1. The Website may include hyperlinks to sites maintained or controlled by others. If you click on one of these links you will leave the Website and will be accessing the third party site. Oyster Learning is not responsible for and does not screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. Such third party sites may have separate terms and conditions and privacy policies and which are independent of Oyster Learning and therefore, please read such third party terms before you access any third party site. You access third party sites at your own risk and bear all consequences associated with your access to, and use of, such third party websites.
  8. Right to Modify the Service
    1. Oyster Learning reserves the right to discontinue, change or modify the Service (by addition, deletion or modification) with or without notice to you and without any liability. If the change or modification results in degradation in performance, or a material reduction in functionality, of the Service, your sole remedy is to terminate your Student Account and to stop using the Service.
    2. In the event, you have paid for the use of the Service, any change, discontinuation or modification of the Service (by addition, deletion or modification) which results in degradation in performance, or a material reduction in functionality shall come into effect only at the end of the term of your then current subscription.
  9. Disclaimer of Warranty
    1. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OYSTER LEARNING DOES NOT WARRANT, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DATA ACCURACY, COMPLETENESS OR NON-INFRINGEMENT. OYSTER LEARNING MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
  10. Limitation of Liability
    1. OYSTER LEARNING’S LIABILITY FOR DAMAGES, IF ANY, (i) WILL NOT EXCEED THE AMOUNT (IF ANY) RECEIVED BY OYSTER LEARNING FROM YOU. IF YOU HAVE NOT PAID FOR THE USE OF THE SERVICE, OYSTER LEARNING WILL NOT BE LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU.
    2. OYSTER LEARNING WILL NOT, UNDER ANY CIRCUMSTANCES WHATSOEVER, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEY FEES AND COURT COSTS) WHATEVER AND HOWEVER CAUSED, EVEN IF OYSTER LEARNING HAS BEEN ADVISED OF THEIR POSSIBILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICE.
  11. Indemnity
    1. You agree to indemnify us (including our officers, directors, agents and employees) and hold all of us harmless from all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) arising from or related to any claims caused by (i) your failure to comply with these Terms, including, without limitation, your submission of any material that violates third party rights or applicable laws, (ii) loss or damage to any person or property in the course of your undertaking the project, and (ii) any activity in which you engage on or through the Service.
  12. Term and Termination
    1. These Terms shall be binding from the time you click and accept these Terms and will continue until the termination of your Student Account.
    2. Oyster Learning may terminate your Student Account with immediate effect in the event that you are in breach of these Terms.
    3. Oyster Learning may terminate your Student Account at any time by giving you written notification of 30 days. Such notification will be sent to your email address available with us. On such termination, you will receive back the unused part of subscription fees, if any paid.
    4. You may terminate your Student Account at any time by writing to Oyster Learning at info@oysterconnect.com with the subject line “Please terminate by Student Account”.
    5. Upon termination of your Student Account, your right and license to access and/or use the Service immediately ceases; your Log-in ID and password will be deactivated and you will no longer be able to access or use the Service. Further, your personal information will be dealt with in accordance with our Privacy Policy and your Project Materials will be deleted from the Website not later than 30 days from termination of your Student Account.
  13. Governing Law and Jurisdiction
    1. This Agreement shall, in all respects, be governed by and construed in all respects in accordance with the laws of the India, without regard to conflicts of law provisions.
    2. In relation to any legal action or proceedings to enforce this Agreement, the Parties irrevocably submit to the exclusive jurisdiction of competent courts in Delhi to the exclusion of any other court that may have jurisdiction in the matter.
  14. Miscellaneous
    1. Notice: All notices to Oyster Learning shall be made via e-mail to info@oysterconnect.com and all notices to you shall be made via e-mail to the e-mail address you provide us.
    2. Amendment of these Terms: Oyster Learning reserves the right to modify / amend these Terms from time to time. We will intimate you of any change to these Terms by email. Your use of the Website or continued use of the Service after changes are notified means that you agree to be bound by such changes.
    3. Force Majeure: Neither party shall be held responsible for any delay or failure in performance hereunder caused in whole or in part by force majeure.
    4. Assignment: The license granted to you by these Terms is personal to you and you shall not assign or transfer any of your rights or obligations without our prior written consent. Oyster Learning may assign its rights and obligations hereunder to any successor-in-interest or purchaser of a substantial part the business and assets of Oyster Learning.
    5. Waiver: No failure or delay on the part of any party in exercising any right or remedy hereunder shall operate as a waiver thereof. Any waiver (express or implied) by either party of any default or breach of these terms Agreement shall not constitute a waiver of any other or subsequent default or breach.
    6. Severability: If any of these Terms is held to be invalid, illegal or otherwise unenforceable by a Court, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and if no feasible interpretation will save such provision, it shall be severed from these Terms, and the remaining provisions remain in full force and effect.
    7. Injunctive Relief: You acknowledge that the breach of these Terms shall result in grave and irreparable loss and injury to Oyster Learning, for which monetary damages alone will not provide adequate relief. Therefore, in addition to the right to seek appropriate monetary damages under law, the Oyster Learning is entitled to obtain injunctive relief (including but not limited to a temporary restraining order) to prohibit the continuing breach of these Terms.
    8. Grievance Redressal: If you have any other concern or grievance with respect to the content/information/data on the Website or the material, please send an e-mail to info@oysterconnect.com and we will study the matter and take such action as we deem appropriate under the circumstances.
    9. Entire Agreement: These Terms together with the Privacy Policy constitute the entire agreement between Oyster Learning and you regarding the Service and your use of the Website and supersedes all prior agreements (if any) regarding the subject matter hereof.