TERMS & CONDITIONS
1. ACCEPTANCE OF TERMS AND MODIFICATION THEREOF
1.2 Eduvanz reserves the right to make any changes to the Terms and Conditions and the services offered to the Visitor (“Services”). Any changes to this Terms and Conditions will only be effective when posted on the Application, and the Visitor agrees to review this Terms and Conditions regularly to understand any changes.
1.3 The Visitor agrees that this Terms and Conditions forms a valid contract between the Visitor and Eduvanz, and that Eduvanz may, at its sole discretion, amend any of the Services being provided by it vide the Application and/or this Terms and Conditions either wholly or partially, at any time and without the requirement of any prior notice or consent.
1.4 The Visitor's use of certain Services, features, functionality or programs (including, without limitation, contests, sweepstakes, promotions, wireless marketing opportunities, RSS feeds, etc.) offered on or through the Application may be subject to additional terms and conditions, and before the Visitor uses any such Services, features, functionality or other programs he would be deemed to have accepted such additional rules upon the use of such Services or the Application in any manner./p>
1.5 The Visitor expressly agrees that he will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Application, of any information about the Visitor contained in the applicable Eduvanz database, to the extent Eduvanz assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of Eduvanz's assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Application to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, the Visitor's continued use of the Application signifies the Visitor's agreement to be bound by the Policies or otherwise any new policy incorporated by the Application's subsequent owner or operator.
1.6 Eduvanz reserves the right, in its sole discretion, to terminate the access to the Application and/or any of the Services or any portion thereof at any time, without any prior notice.
1.7 The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Terms and Conditions or the right to use the Application by the Visitor as contained herein or any other section or pages of the Application in any manner whatsoever.
1.8 The Terms and Conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Terms and Conditions as a whole.
2. LIMITED VISITOR
2.1 By using the App and/or submitting the Visitor’s information including any personal information on the App, the Visitor expressly consents to the transfer of such data to Eduvanz, and to the processing of such data on the server of Branch, where the Visitor’s data will be governed by laws of India (“Applicable Laws”)Eduvanz.
2.2 The Visitor agrees and undertakes not to use the Application for any illegal purposes or sell, trade or resell or exploit for any commercial purposes, any portion of the Services. For the removal of doubt, it is clarified that the Services, including the use of the Application, is not for commercial use but is specifically meant for personal use only of the Visitor.
2.3 The Visitor further agrees and undertakes not to copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell any information, software, products, services or intellectual property obtained from the Application in any manner whatsoever.
3. DISCLAIMER OF WARRANTIES
3.1 Eduvanz does not provide any representations and warranties (whether implied or express) for the quality, accuracy or completeness of any data or information on the Application and disclaims all warranties of fitness for a particular purpose and merchantability including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any Visitor or any other person, arising out of or from the use of any such information on the App.
3.2 Eduvanz does not endorse any advertiser on its Application in any manner. The Visitors are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
3.3 3.3 Eduvanz shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the Services;
(b) the cost of procurement of services substitute to the Services;
(c) unauthorized access to or alteration of the Visitor's transmissions or data;
(d) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing of the Services through the Application.
3.4 Eduvanz shall not be responsible for the delay or inability to use the Application or the Services, the provision of or failure to provide the Services, or for any information, software, products, services and related graphics obtained from Eduvanz through the Application, whether based on contract, tort, negligence, strict liability or otherwise. Further, Eduvanz shall not be held responsible for non-availability of the Application during periodic maintenance operations or any unplanned suspension of access to the Application and/ or the Services that may occur due to technical reasons or for any other reason whatsoever. The Visitor understands and agrees that any material and/or data downloaded or otherwise obtained from Eduvanz through the Application is done entirely at his discretion and risk and he will be solely responsible for any damage to his computer systems or any other loss that results from such material and/or data.
3.5 3.5 These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from :
(a) breach of contract,;
(b) breach of warranty;
(d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
4. LINKS TO OTHER SITES
4.1 The Application may contain links to other websites or may contain features of any nature of other websites on the Application ("Allied Sites"). The Allied Sites are not under the control of Eduvanz or the Application and Eduvanz is not responsible for the contents of any Allied Site, including without limitation any link or advertisement contained in the Allied Site, or any changes or updates to the Allied Site.
4.2 Eduvanz is not responsible for any errors, inclusions, omissions or representations on any Allied Site, or on any link contained in the Allied Site. Eduvanz does not endorse any advertiser on any Allied Site or on any link contained in the Allied Site, in any manner. The Visitor is requested to verify the accuracy of all information on his own before undertaking any reliance on such information.
5. USE OF MESSAGE SERVICES
5.1 The Application may contain services such as email, chat, bulletin board services, news groups, forums, communities, personal web pages, calendars, and/or other message ("Message Services"). The Visitor agrees and undertakes to use the Message Services only to post, send and receive messages and material that are proper and related to the particular Message Service. By way of example, and not as a limitation, the Visitor agrees and undertakes that when using a Message Service, the Visitor will not:
5.1.1 threaten, abuse, harass, stalk, defame, or otherwise violate the legal rights of others;
5.1.2 publish, upload, post, distribute or disseminate any defamatory, infringing, inappropriate, obscene, profane, indecent or unlawful topic, name, material or information;
5.1.3 upload files that contain software or other material protected by intellectual property laws unless the Visitor owns or controls the rights thereto or has received all necessary consents;
5.1.4 upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Application or another's computer;
5.1.5 advertise or offer to sell or buy any goods or services for any business purpose, unless such Message Service specifically allows such messages;
a. download any file posted by another user of a Message Service that the Visitor knows, or reasonably should know, cannot be legally distributed in such manner;
b. conduct or forward surveys, contests, pyramid schemes or chain letters;
c. violate any code of conduct or other guidelines, which may be applicable for or to any particular Message Service;
d. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
e. violate any applicable laws or regulations for the time being in force in or outside India; and
f. violate any of the terms and conditions of this Terms and Conditions or any other terms and conditions for the use of the Application contained elsewhere herein.
5.2 Eduvanz is not responsible for any errors, inclusions, omissions or representations on any Allied Site, or on any link contained in the Allied Site. Eduvanz does not endorse any advertiser on any Allied Site or on any link contained in the Allied Site, in any manner. The Visitor is requested to verify the accuracy of all information on his own before undertaking any reliance on such information.
5.3 Eduvanz does not control or endorse the content, messages or information found in any Message Service and, therefore, Eduvanz specifically disclaims any liability or responsibility whatsoever with regard to the Message Services and any actions resulting from the Visitor's participation in any Message Service.
5.4 When you register with the Application, Eduvanz or any of its partners/ affiliate/ group companies may contact you from time to time to provide the offers/ information of such products/ services that they believe may benefit you.
6. VISITOR'S OBLIGATIONS
6.1 The Visitor's undertakes that the Visitor shall not:
6.1.1 create or submit anything that is unlawful, pornographic, defamatory, libelous, obscene, threatening, harassing, discriminatory, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Government of India's guidelines or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content;
6.1.2 embed, re-publish, maintain and/or display any Application content on any web site or other Internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content;
6.1.3 send spam, chain letters, or any other unsolicited or unauthorized advertising or promotional materials, or to harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or to defame or disparage someone, or for any other unlawful or objectionable (as determined by Eduvanz) purpose;
6.1.4 provide false information about him or anyone else (including, without limitation, if and when the Visitor are being asked on the Application to provide accurate information about the Visitor's age), and the Visitor will not impersonate or appear to impersonate anyone else or otherwise misrepresent the Visitor's affiliation with any person or entity;
6.1.5 use any one or more of the Licenses (as defined below) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Application, unless the Visitor would have obtained prior permission from such user to do so;
6.1.6 interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Application (or any parts thereof);
6.1.7 remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on Application content;
6.1.8 t remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Application content;
6.1.9 use any of the rights granted to him or any of the Application content in a manner that suggests an association with any of Eduvanz's products, Services or brands, unless otherwise specifically permitted by Eduvanz;
6.1.10 use bots, spiders, offline readers or other automated systems to access or use the Application in a manner that sends more request messages to the Application's servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless the Visitor is a lawfully operating a public search engine, in which case (subject to Eduvanz's full discretion to revoke this exception at any time), the Visitor may use spiders to index materials from the Application for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials;
6.1.11 knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
6.1.12 do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of Eduvanz or any of its affiliates, or the Application, or any of the content running or being promoted on the Application (including, without limitation, any movie, television program or other initiative);
6.1.13 do anything on the Application that would prevent other users' access to or use of the Application or any part thereof; and
6.2 Eduvanz is not responsible for any errors, inclusions, omissions or representations on any Allied Site, or on any link contained in an Allied Site. Eduvanz does not endorse any advertiser on any Allied Site or on any link contained in an Allied Site, in any manner. The Visitor is requested to verify the accuracy of all information on his own before undertaking any reliance on such information.
6.3 The Visitor and/or the advertising agency or agent of the Visitor represents and warrants that it has the power and authority to execute, deliver and perform its obligations under this Terms and Conditions and all necessary corporate, shareholder and/or other actions have been taken by it to authorize such execution, delivery and performance, and that this Terms and Conditions constitutes its legal, valid and binding obligation, enforceable in accordance with its terms. The execution, delivery and performance of its obligations under this Terms and Conditions does not and will not contravene any laws, regulation or order of any authority or other official body or agency or any judgment or decree of any court having jurisdiction over it or conflict with or result in any breach or default under any document binding upon it.
6.4 The Visitor represents and confirms that the Visitor is of legal age to enter into a binding contract and is not a person barred from accessing and using the Application and availing the Services under the laws of India or other applicable law.
6.5 The Visitor acknowledges and agrees that:
6.5.1 as between Visitor and Eduvanz and its Affiliates, Eduvanz or the Affiliates own all right, title and interest in Eduvanz;
6.5.2 nothing in these Terms and Conditions shall confer in the Visitor any license or right of ownership in Eduvanz’s intellectual property rights and/or the Application or its contents.
6.6 To avail a Service through the Application, the Visitor has and must continue to maintain at his sole cost:
6.6.1 all the necessary equipment’s including a computer and modem etc. to access the Application and/or avail the Services;
6.6.2 own access to the World Wide Web. The Visitor shall be responsible for accessing the Application and/or availing the Services which may involve third party fees including, airtime charges or internet service provider's charges which are to be exclusively borne by the Visitor.
6.6.3 The Visitor also understands that the Services may include certain communications from Eduvanz as service announcements and administrative messages. The Visitor understands and agrees that the Services are provided on an "as-is-where-is" basis and that Eduvanz does not assume any responsibility for deletions, mis-delivery or failure to store any Visitor communications or personalized settings.
7. LICENSE AND PROPRIETARY RIGHTS
7.1 Subject to the terms of this Terms and Conditions, Eduvanz hereby grants to the Visitor, if and only to the extent the necessary functionality is provided to the Visitor on or through the Application, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a "License"):
7.1.1 the License to access, view and otherwise use the Portal (including, without limitation any information or Services provided on or through the Portal) for your personal, lawful use only, as intended through the normal functionality of the Portal;
7.1.2 the License to use any other functionality expressly provided by Eduvanz on or through the Application for use by visitors, subject to this Terms and Conditions.
7.2 The content of the Application and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by Eduvanz and/or its licensors and are protected by applicable Indian and international copyright and other intellectual property law. The Visitor acknowledges, understands and agrees that he shall not have, nor be entitled to claim, any rights in and to the Application content and/or any portion thereof.
7.3 Eduvanz may provide the Visitor with content including information, sound, photographs, graphics, video or other material through the Application. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The Visitor may use this material only as expressly authorized by Eduvanz and shall not copy, transmit or create derivative works of such material without express authorization from Eduvanz.
7.4 The Visitor agrees that the Visitor shall not upload, post, reproduce or distribute any content on or through the Application that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Application with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the Visitor to liability under Applicable Laws.
8. REGISTRATION PROCESS FOR VISITOR
8.1 Registered of the Visitor on the Application is optional. If the Visitor opts to register himself on the Application, upon completion of the registration process, the Visitor shall receive a user id and password. The Visitor agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the Visitor agrees not to use any other party's under id and password for any purpose whatsoever without proper authorization from such party. The Visitor is responsible for the security of his password and for all transactions undertaken using his password. The password entered by the Visitor is transmitted in one- way encrypted form to Eduvanz's database and stored as such. Thus the password will not be known even to Eduvanz. Eduvanz will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID / password / account details.
8.2 The Visitor also agrees and undertakes to immediately notify Eduvanz of any unauthorized use of the Visitor's password or user id and to ensure that the Visitor logs off at the end of each session at the Application. Eduvanz shall not be responsible for any, direct or indirect, loss or damage arising out of the Visitor's failure to comply with this requirement.
8.3 The Visitor also agrees to:
8.3.1 provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registered Data") on the Application; and
8.3.2 maintain and promptly update the Registered Data to keep it true, accurate, current and complete. If the Visitor provides any information that is untrue, inaccurate, not current or incomplete or Eduvanz has reasonable grounds to suspect that the Registered Data or any part thereof is untrue, inaccurate, not current or incomplete, Eduvanz has the right to suspend or terminate the Visitor's registration and refuse any and all current or future use of the Application and/or any of the Eduvanz Services.
9. CONFIDENTIALITY CLAUSE
9.1 The Parties hereby agree to keep the data information and terms of the contract ("Confidential Information") confidential and shall not disclose the same without the consent of the other Party.
9.2 The Parties shall not be liable for breach of the above clause when the Confidential Information is disclosed in pursuant to an order of any court or government authority and/or, in performance of this contract by Eduvanz and/or when the parties independently obtain from third party.
Without prejudice to the other remedies available to Eduvanz under this Terms and Conditions or under Applicable Law, Eduvanz may limit the Visitor's activity, warn other Visitors of the Visitor's actions, immediately temporarily / indefinitely suspend or terminate the Visitor's registration, and/or refuse to provide the Visitor with access to the Application if:
10.1 the Visitor is in breach of this Terms and Conditions and/or the documents it incorporates by reference;
10.2 Subject to Clause 9.2, the Parties hereby agree to keep the Confidential Information confidential and shall not disclose the same without the consent of the other Party.
10.3 Eduvanz believes that the Visitor's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the Visitor, other Visitors of the Application and/or Eduvanz.
10.4 Eduvanz may at any time in its sole discretion reinstate suspended Visitors. Once the Visitor has been indefinitely suspended the Visitor may not register or attempt to register with Eduvanz or use the Application in any manner whatsoever until such time that the Visitor is reinstated by Eduvanz. Notwithstanding the foregoing, if the Visitor breaches these Terms and Conditions or the documents it incorporates by reference, Eduvanz reserves the right to recover any amounts due and owing by the Visitor to Eduvanz and to take strict legal action as Eduvanz deems necessary.
11. TERMINATION OF TERMS & CONDITION
11.1 Eduvanz may terminate these Terms and Conditions and any of the Services with or without cause at any time to be effective immediately.
11.2 The Visitor agrees that Eduvanz may under certain circumstances and without prior notice, immediately terminate the Visitor's user id and access to the Application/ Eduvanz Services. Causes for termination may include, but shall not be limited to, breach by the Visitor of this Terms and Conditions, requests by enforcement or government agencies, requests by the Visitor.
11.3 This Terms and Conditions may be terminated by either the Visitor or Eduvanz through a written notice to the other. Eduvanz shall not be liable to the Visitor or any third party for termination of any Eduvanz Service. Should the Visitor object to any terms and conditions of this Terms and Conditions or become dissatisfied with any Eduvanz Service in any way, the Visitor's only recourse is to immediately:
11.3.1 discontinue use of the Website/ EDUVANZ Service;
11.3.2 notify Eduvanz of such discontinuance.
11.4 Upon termination of this Terms and Conditions, the Visitor's right to use the Application/ Services and software shall immediately cease. The Visitor shall have no right and Eduvanz shall have no obligation thereafter to execute any of the Visitor's uncompleted tasks or forward any unread or unsent messages to the Visitor or any third party. Once the Visitor's registration or the Services are terminated, cancelled or suspended, any data that the Visitor has stored on the Application may not be retrieved later.
12.1 None of the provisions of this Terms and Conditions or any other section or pages of the Application and/or the Allied Sites, shall be deemed to constitute a partnership between the Visitor and Eduvanz and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way; provided, however, that if by using the Application, the Visitor authorizes Branch and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the Visitor shall be deemed to have appointed Eduvanz and its agents as his agent for this purpose.
13.1 The Visitor agrees to indemnify, defend and hold harmless Eduvanz, its affiliates, group companies and their directors, officers, employees, agents, third party service providers, and any other third providing any service to Eduvanz in relation to the Services whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Eduvanz that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any terms of this Terms and Conditions including any representation, warranty, covenant or agreement made or obligation to be performed by the Visitor pursuant to this Terms and Conditions.
14. LIMITATION OF LIABILITY AND INJUNCTIVE RELIEF
14.1 The Visitor understands and expressly agrees that to the extent permitted under applicable laws, in no event will Eduvanz or any of its affiliates or group companies or any of their respective officers, employees, directors, shareholders, agents, or licensors be liable to you or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from the Visitor’s use (or the use of anyone using an account registered to the Visitor) of the Application or any parts thereof.
14.2 Notwithstanding anything to the contrary herein, the Visitor hereby irrevocably waives any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any Eduvanz or any of its affiliate or group company related project, or the use, publication or dissemination of any advertising in connection with such project.
15. FORCE MAJEURE
Eduvanz shall not be liable for any failure to perform any of its obligations under this Terms and Conditions or provide the Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. "Force Majeure Event" means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government.
If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms and Conditions shall continue to be in full force and effect.
17.1 All notices and communications from the Visitor to Eduvanz in relation to the Application and/or any of the Services (including those termination of any of the Services etc.) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address: 801, Jai Antriksha, Makwana Road, Marol, Andheri East, Mumbai, 400059, Maharashtra, India and/or at the address posted on the Application.
17.2 Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
18. COMMUNICATION BETWEEN US
18.1 If the Visitor wishes to contact us in writing, or if any condition in these Terms and Conditions requires the Visitor to give us notice, the Visitor can send this to us by e-mail to [●] or to such e-mail address that may be communicated to the Visitor from time to time. We will confirm receipt of this by contacting the Visitor in writing by e-mail.
18.2 If we have to contact the Visitor or give him notice in writing, we will do so by in-App chat, e-mail, or SMS to the mobile phone number or email address the Visitor provides to us through the App.
19. GOVERNING LAW
This Terms and Conditions shall be governed in accordance with laws of India and any disputes arising out of or in connection with these terms and conditions shall be subject to exclusive jurisdiction of courts in Mumbai.
20. 20. CANCELLATION AND REFUND POLICY
Once the payment has been made, no cancellation request will be entertain for any reason.
21. VERNACULAR DECLARATION
The Visitor hereby confirms and records that the contents of this Terms and Conditions have been read out and explained to the satisfaction of the Visitor. The Visitor agrees to abide by the same at all times.