TERMS AND CONDITIONS OF USE
Welcome to the official website of KA EduAssociates Private Limited (hereinafter referred to as “the Website”). This Website is owned and run by KA Edu Associates Private Limited (hereinafter referred to as “KA”, “We”, “Us”, or “Our”). We offer a wide range of progressive professional development courses (face to face and online) for teachers, customized workshops for schools, recruitment and consulting services for school managements, looking to start up or scale up. We endeavor through Our Website to integrate theoretical knowledge with practical implementation, by incorporating current trends in global education.
In order to use this Website, You (as defined below) must agree, without any qualifications, to be bound by these terms and conditions (“Terms”), which govern the use of this Website. Therefore, please read these Terms carefully as they affect Your legal rights and obligations.
For the purpose of these Terms, “You” or “Your” refers to any natural or legal person who registers or otherwise accesses the Website.
We license only use of the Website to You on the basis of these Terms and subject to KA being the owner of this Website and will continue to remain the owner at all times.
YOUR ACCEPTANCE OF THE TERMS
By accessing and/or using the Website and its Services (as defined below), You agree to be bound by these Terms, whether You are:
- “Instructor” providing services to KA or Students,
- “Student,” means when You have registered with the Website with a User ID and User Password (defined below) as per the Terms set out herein, and have enrolled in and paid for access to Services, content, and/or certification provided by Us,
- “Visitor,” means when You only browse the Website, including, without limitation, through a mobile, computer, laptop or other wireless device, or otherwise use the Website without being registered or any other person other than a Student.
The term “User” refers to a Visitor or Student, as the case may be.
You affirm that You are a citizen of India and are 18 years of age or older, and are fully able and competent to enter into these Terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms. In any case, You affirm that You are over the age of 18 as the Programs and the Services are not intended for persons under 18 years. If You are under 18 years of age and/or are not an Indian citizen, do not use the Website or its Services. [DSK comment: We understand that the Website can be used only by persons who are citizens of India and are over the age of 18. Please confirm]
REGISTRATION ON THE WEBSITE
In order to participate in most Website activities and to avail the Services provided by Us through the Website, You must register to create a personal account on the Website (a “User ID“) by providing an email address and a password (“User Password“) that is unique and different from Your User ID (collectively referred to as “User Account“). You agree that You will never divulge or share access or access information to Your User Account with any third party for any reason. You also agree that You will create, use, and/or access only one User Account, and that You will not be using any User Account other than Your own.
The above is subject to receipt of a non-refundable and non-transferable registration fee of Rs. 500 (hereinafter referred to as “Registration Fee”). For the purpose of making a payment of the Registration Fee, You must have Internet access and a current valid accepted Payment Method (as defined below). The payment of the Registration Fee shall be considered as a proof of registration. In case the payment is not credited to Our account within a period of 3 working days from the date of creation of Your User ID, We will at Our sole discretion withdraw the log in and password of the account without giving any prior notice to You. Once the Registration Fee is received by Us within the aforesaid period, We shall provide You with the payment invoice, within 24 hours therefrom, to Your registered email address. [DSK comment: Please confirm if this is accurate]
If You use the Website, You are responsible for maintaining the confidentiality and security of Your User Account and User Password and for restricting access to Your computer or any other electronic device, and You agree to accept responsibility for all activities that occur under Your User Account or User Password. KA shall not be liable to any person for any loss or damage which may arise as a result of any failure by You to protect Your User Password or User Account and the loss or damage arising therefrom.
You shall notify Us immediately, upon becoming aware of or suspecting any unauthorized use of Your User Account, through the address provided in the “Contact Us” section of the Website. If We have reason to believe that there is likely to be a breach of security or misuse of the Website, We may require You to change Your User Password or We may suspend Your User Account without any liability to KA and without any prior notice to You. Without prejudice to the above, We reserve the right to recover from You any and all damages, losses or costs that are levied on or suffered by KA due to misuse of Your User Account or User Password whether due to reasons attributable to You or not. We will not be responsible for any damage whatsoever arising from unauthorized access to Your User Account.
The Website is available for viewing to any User. However, access to the Programs and Services (as defined below) is restricted to those Users who have a registered User Account with Us.
Your use of the Website and enjoyment of its features and content hosted or made available through the Website may vary in functionality, availability and quality depending on the type of device You use and operating system and any restrictions imposed by Our content providers. You are responsible for obtaining the data network access necessary to use the Website and its various features. It is Your responsibility to pay for all costs and expenses (including but not limited to all internet service data access) that You may incur while using the Website. We do not guarantee that the Website, or any portion thereof, will function on any particular devices. We will not be responsible for any functionality or specification lapse that is due to Your internet connection, operating system or settings and software. In addition, the Website may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
PROGRAMS AND SERVICES
KA is an education services provider, involved in the conduct of various professional education and development programs, which via this Website provides the following the Services (hereinafter collectively referred to as “Services”):
- Progressive professional development courses for teachers (hereinafter collectively referred to as “Programs”), which can be availed either “Face to Face” or through “Online Courses”. These Programs offers face to face and online short-term professional development courses for teachers on the job or aspiring teachers in early years, primary years and secondary years of their career. Applicants for these Programs will be required to fulfil certain criteria which will be posted on the Website with other Program details. If You aspire to pursue any or all of these Programs, You will be required to pay a non-refundable and non-transferable Program Fee (as defined below) which is prescribed for such Programs on the Website. Such Program Fee may be modified from time to time, at Our sole discretion. Our decisions are final in all matters relating to the Programs, enrollment with them and the Program Fee. You shall comply with the specific terms of the Program, as mentioned on the Website, in addition to these Terms.
- customized workshops for schools;
- recruitment and consulting services for school managements, looking to start up or scale up;
- hosting student and parenting workshops;
- The online newsletter, “We Connect”, which enables educators across India to come together and share their experiences and also be updated of the latest trends in education. You will be responsible for the content posted by You on the We Connect feature of the Website and You will ensure that the said content does not violate any third party rights. You shall indemnify Us for any losses incurred by Us in this regard. The We Connect feature also allows You to view content posted by other Users of the Website. We reserve the right to modify the aforementioned content and feature from time to time, without prior notification. [DSK comment: Please confirm the Services listed above]
KA is NOT a University, and the use of the term “KA EduAssociates” is a coined term used as a brand name, for convenience purpose only and is not to mean or be interpreted as a University under any applicable Indian laws. Further, We reserve the right, without assigning any reason, to cancel, reschedule any Service or modify its content at Our sole discretion.
You will not receive academic credit from Us for availing the Services. You agree and acknowledge that nothing in these Terms or otherwise with respect to use of the Website or any Service, enrolls or registers You in any other school, division, institute or program of or associated with Us, or otherwise permits You to access or use the resources or receive any benefits or privileges of any of the foregoing entities beyond the Website and Our Services.
We may offer a credential or other acknowledgment for participants who have satisfactorily demonstrated excellence/ expertise in the Programs offered by Us. The decision to award any such credential acknowledgment to a given participant will be solely within Our discretion. We may choose not to offer any credential or other acknowledgment for some Programs. The format of any credential or other acknowledgement, and of any performance, provided by KA relating to the Programs will be determined by Us at Our sole discretion and may vary from Program to Program. You may be awarded a certificate of accomplishment upon conclusion of the applicable Online Course or Face to Face Program (“Certificate“), and You acknowledge that any such Certificate awarded may not be affiliated with any college, university, company, or other certifying institution.
The Programs that You register for, through Our Website, are subject to the “Payment Terms” as explained below.
By registering for the Programs, You acknowledge that KA and the Instructors for the Programs and Services maintain the right and ability to adapt, modify or revise the Programs and Services as KA and the Instructors deem appropriate.
YOUR USE OF THE WEBSITE
In consideration of You complying with these Terms, We grant You a non-transferable, non-exclusive, revocable licence to use the Website and to view the content contained on the Website for Your personal, non-commercial use, subject to and in accordance with these Terms.
You agree that when using the Website You will comply with all applicable laws and these Terms. In particular, but without limitation, You agree that You will not:
- Use the Website in any unlawful manner or in a manner which interrupts, damages or impairs the services provided by the Website or promotes or encourages illegal activity including (without limitation) copyright infringement;
- Transmit or communicate any data that contains software viruses 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;
- Access or attempt to gain unauthorised access to the Website or the accounts or information of other Users of the Website or any networks, servers or computer systems connected to the Website;
- Modify, adapt, translate or reverse engineer any part of the Website or re-format or frame any portion of the pages comprising the Website, save to the extent expressly permitted by these Terms or by law;
- Impersonate any person, or misrepresent Your identity or affiliation with any person;
- post or transmit through the Website any content which is or could reasonably be viewed as:
- hate speech, obscene, harassing, threatening, pornographic, abusive or defamatory to an individual or group of individuals on the basis of religious belief, race, gender, age, disability or otherwise; or
- inciting violence, or containing nudity or graphic or gratuitous violence; or
- advertising or promoting a third party or Your own products or services; or
- an unauthorized commercial communication of any kind (including, without limitation, spam); or
- fraudulent, inaccurate or misleading, or is otherwise objectionable content of any kind; or
- infringing or violating someone else’s rights or otherwise violates the law; or
- identifying any person without their consent or disclosing Your own or anyone else’s personal contact details or invading their privacy.
- Do anything which is damaging or which We believe might damage Our reputation, or that of the Website, a provider of Programs and Services accessed through the Website.
- Copy the Website or any content on the Website except where such copying is incidental to the normal non- commercial use of the Website.
- Make alterations to, or modifications of, the whole or any part of the Website or any content on the Website, or permit the Website or any part of it to be combined with, or become incorporated in, any other website and/or programs.
- Infringe Our intellectual property or Our other licensors’ intellectual property in relation to Your use of the Website.
This license shall automatically terminate if, in Our sole determination, You have violated any of the restrictions and upon termination of the license, You must delete any downloaded materials in Your possession in any format whatsoever including in electronic or printed format.
Moreover, any content You upload or post to the Website will be considered non-confidential and non-proprietary. You hereby grant Us, Our licensees and any third parties and other users of the Website (each as We determine) a perpetual, irrevocable, royalty-free, transferrable, sub-licensable, worldwide licence to use, store and copy that content and to distribute it and make it available to third parties via any and all media, including, without limitation, the right for Us to upload and make available and to authorize third parties to upload and make available such content on third party sites and services.
Therefore, You waive any moral rights or equivalent rights in any jurisdiction in relation to any content that You upload or post to the Website and that We can use such content without referencing You as the author of such work and that We can adapt and amend such content in Our sole discretion. You agree that You shall compensate and defend Us fully against any claims or legal proceedings brought against Us by any person as a result of Your breach of these Terms.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the Website, the content provided on the Website and all the copyright in all material contained on, in, or available through the Website including all information provided through the Programs and Services, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, object code, patents, trademarks, trade secrets, software compilations and all other intellectual property associated with the Us and the Website (“Material“) is owned by or licensed to Us and shall remain Our or Our licensor’s property. You can view, print or download extracts of the Material for Your own personal use but You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Our express permission. You are not granted any intellectual property rights in or to the Website or the content on the Website except as expressly set out in these Terms.
The trademarks, service marks, and logos (“Trademarks”) contained on or in the Website are owned by Us or Our third party partners. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trademarks without Our prior written consent. You are not authorized to use the Trademarks (whether registered or unregistered) in any manner. You may only use the Website for personal, non-commercial purposes.
PAYMENT TERMS, REFUND & CANCELLATION POLICY
Unless otherwise expressly prescribed by Us in writing, full payment for participation in a Program is required at the time of enrollment for the Program and Services (“Program Fee”). In case of subscription to Programs or subscription to Services that include a free trial then the full payment will be due when such free trial period has concluded. You further acknowledge that such Program Fee is over and above the Registration Fee paid by You and the Registration Fee does not include the Program Fees.
It is Your responsibility to check the accuracy of, and evaluate the suitability and relevance of, the Program elected before enrollment. No refund will be made once payment for a Program or Service has been made. The enrolment is non-transferable.
To avail any Services or enroll for any Programs offered by Us through the Website, You must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method“). We do not store any of Your credit card information or such other information restricted by RBI for processing payment, and have partnered with payment gateways for the payment towards the Services and Programs. You agree that in case a third-party payment provider stores any such information, We will not be responsible for such storage, and it will be solely by Your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by You due to usage of such information will be solely a loss incurred by You, and We will in no way be liable for any such losses, and will neither be responsible to reimburse / make good such losses in any manner whatsoever. Following are the Payment Methods offered by Us:
- Credit Card
- Debit Card
- Net Banking
- NEFT: For the purpose of making payments via NEFT, You will have to load KA Edu Associates as a beneficiary on Your internet banking. This should ensure speedy processing of Your payment. The Banking Details for this purpose are as follows-
Bank : Axis Bank LTD
Branch : Worli Naka
Branch No : UTIB0000653
Account Name : KA Edu Associates Pvt Ltd
Account No. : 916020059545118
Account Type : Current Account
- Direct Deposit: You may make payments for the Registration and Program Fee through a direct deposit. In this case, You will have to go to the bank and make a direct deposit, unlike net banking. Please e-mail through Your deposit slip to Us on firstname.lastname@example.org to ensure Your payment is confirmed. The Banking Details for this purpose are as follows-
Bank : Axis Bank LTD
Branch : Worli Naka
Branch No : UTIB0000653
Account Name : KA Edu Associates Pvt Ltd
Account No. : 916020059545118
Account Type : Current Account
Further, all transactions with Us shall be processed in INR. Non receipt of the Program Fee by Us may result in the termination of Your registration. Once the Program Fee is received by Us within the period prescribed by Us in this regard, We shall provide You with the payment invoice, within 24 hours therefrom, to Your registered email address. [DSK comment: Please confirm if this is accurate]. All applicable taxes are calculated based on the billing information You provide us at the time of purchase. Further, in case of cancellation, You may cancel at any time by going to Your account settings. However, You hereby acknowledge and agree that We will not offer refunds on any fees, including the Registration and Program Fees, and charges related to Your registration with the Website. This includes any partially used or unused duration for which You have already paid. We do not guarantee refunds for lack of usage or dissatisfaction. If You cancel Your registration or enrollment for the Programs at any time before the Program begins, You will still be charged and no refund will be processed for the fees already paid. [DSK comment: We understand that there will be no refund in any case even when the KA refuses any membership, Please confirm]
LINK TO THIRD PARTIES
FEEDBACK AND COMMENTS
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Website or otherwise disclosed, submitted or offered in connection with Your use of this Website (“Comments“) shall be and shall remain Our property. We are under no obligation (1) to maintain any Comments in confidence; (2) to pay You any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by You on the Website will not violate these Terms or any right of any third party. You further agree that no Comments submitted by You to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, commercial solicitation, mass mailings or any form of “spam”. You hereby accept and acknowledge that the Website does not regularly review posted Comments. You further accept and acknowledge that We have the right to use the name that You submit in connection with any Comments and have not used false information, impersonated any person or entity, or otherwise have misled Us through such Comments as to the origin of any Comments You submit.
INFORMATION WE COLLECT
‘Personal Information’ refers to any information that identifies or can be used to identify, contact or locate the person, to whom such information pertains including, but not limited to, name, address, phone number, fax number, email address, financial profiles, identification number, credit card information, banking information etc.
We collect only such Personal Information that is believed to be relevant and is required to understand You or Your interests. We collect Your Personal Information in order to record, support and facilitate Your participation in the Programs, courses and Services offered on the Website that You select, track Your preferences, to provide You with a customized Website experience, to notify You of any updated information and new activities and other related functions offered by Us, keep You informed about latest content available on the Website, special offers, and other products and services of KA, to assist You with customer service or technical support issues, to follow up with You after Your visit, to otherwise support Your relationship with Us or to prevent fraud and unlawful use.
In an effort to make Our Website effective, certain information may be collected each time You visit the Website. Such information may be stored in server logs. These encrypted statistics do not identify You personally, but provide Us the information regarding Your visit to the Website and the type of user who is accessing Our Website and certain browsing activities by You. This data may include: IP address of Your server from where the Website is being accessed, the type of browser, the operating system of Your system and the Website You last visited before visiting Our Website. The duration of Your stay on Our Website is also stored in the session along with the date and time of Your access. This data is used by Us to understand the use and number of users visiting the Website. Some of the information related to the Website and Your visit to the Website may be shared by the sponsors, strategic business partners of KA and some associates in order to enhance and grow Our business and the Website.
You acknowledge that apart from Your Personal Information, if You upload any content on the Website, such content may contain information including Personal Information and the same may be available to the other Users of the Website. We will not be liable for the disclosure and dissemination of such Personal Information to third parties.
We may disclose aggregated information about the use of the Website, but it will never contain Personal Information.
KA implements standard security measures to protect against unauthorized access to and unlawful interception of Personal Information. However, no internet site can fully eliminate security risks. You are required to submit Your information at the time of making an online purchase and/or payment on the Website for enrolling for any of the Programs and Services offered on the Website. KA uses an online payment gateway that is operated by a third party and the information that You share with KA is transferred and shared with such third party payment gateway operator. The said operator may also have access to Your online purchase history/details that You make from the Website. For further details about the payment methods available on the Website, please read the clause “Payment Terms, Refund & Cancellation Policy” given in these Terms.
Extremely sensitive information like Your credit-card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. You are advised, however, that internet technology is not 100% safe and You should exercise discretion in using the same.
A cookie is a small amount of data that is sent to a user’s browser from a web server and is eventually stored on a user’s computer hard drive. This anonymous information is maintained distinctly and is not linked to the Personal Information You submit to Us.
Whether You want Your web browser to accept cookies or not is up to You. If You have not changed Your computer’s settings, most likely Your browser already accepts cookies. If You choose to decline cookies, You may not be able to fully experience all features of the Website. You can also delete Your browser cookies or disable them entirely, but this may significantly impact Your experience with the Website and may make parts of the Website non-functional or inaccessible. We recommend that You leave them turned on.
USAGE OF THE INFORMATION
We do not trade or sell or transfer Your Personal Information in any manner, except as specified herein to which You expressly consent.
Personal Information provided by You is used only:
- to facilitate Your use of the Website;
- to respond to Your inquiries or fulfil Your requests for information about the various Services;
- to provide You with information about Our Programs and Services and to send You information, materials, newsletters and offers;
- to send You important information regarding the Website, changes to Website’s terms, conditions, and policies and/or other administrative information;
- to send You surveys and marketing communications that We believe may be of interest to You;
- to help You address Your problems with the Website;
- if You enroll for any Program or Service from the Website, to complete and fulfil Your payment, communicate with You regarding Your enrollment and registration and provide You with related customer service;
- for proper administration of the Website;
- to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
- to improve the Services, content on the Website;
- to protect the integrity of the Website; and
- to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by applicable law.
Some of Your information may be shared with and used by third parties who shall need to have access to information, such as Instructors, credit card processing companies, etc. to enable them and KA to perform their duties and fulfill Your order requirements. We do not allow any unauthorized persons or organization to use any information that the Website may collect from You through this Website. However, We are not responsible for any information collected or shared or used by any other third party website due to Your browser settings. Further, under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or members may abuse or misuse Your information that they collect from Our Website. Therefore, although We use industry standard security practices to protect Your privacy, We do not promise, and You should not expect, that Your personally identifiable information or private communications would always remain private.
The Website may share collective information such as demographics and Website usage statistics with Our sponsors, advertisers or other third parties (such third parties do not include Our marketing partners and network providers). When this type of information is shared, such parties do not have access to Your Personal Information. When You contact KA through any means such as chat/email, KA reserves the right to include your email ID for marketing communications. You can unsubscribe from such communications anytime you wish to do so.
No use or Services available on this Website are directed towards children. The Website does not knowingly collect Personal Information from children or sell its Programs and Services to children.
ASSESSING, REVIEWING AND CHANGING YOUR USER ACCOUNT
Following registration, You can review and change the information You submitted during registration. If You change any information We may keep track of Your old information. You can change Your registration information such as Your Email address etc.
We will retain in Our files the information You have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce Our terms and conditions. Further, such prior information is never completely removed from Our databases due to technical and legal constraints, including stored ‘back up’ systems. Therefore, You should not expect that all of Your personally identifiable information would be completely removed from Our databases in response to Your requests.
SECURITY OF YOUR INFORMATION
We strive to ensure the security, integrity and privacy of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, We adopt internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where We store Your personal data. Our Website is scanned on a regular basis for security holes and known vulnerabilities in order to make Your visit to Our Website as safe as possible. For this purpose, We use regular Malware Scanning.
Your Personal Information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. Our Website only accepts orders from web browsers that permit communication through Secure Socket Layer (SSL) technology, which encrypts information You input. This is to prevent inadvertent placing of orders through an unsecured connection. It is important for You to be protected against unauthorized access to Your User Password, User Account and to Your computer. Be sure to sign off when finished using a shared computer.
However, We are not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. The Website also linked to many other sites and we are not/shall be not responsible for their privacy policies or practices as it is beyond our control.
Notwithstanding anything contained in this Policy or elsewhere, We shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
A “Force Majeure Event” shall mean any event that is beyond Our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.
Our Website is not intended for use by minors, and thus We do not knowingly collect personal data from minors. If We become aware that a minor has registered without such approval, We will expunge any related Personally Identifiable Information of such minor from Our records and cancel the User Account.
We strongly encourage parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment.
OPT OUT MECHANSIM
At any point in time, You can choose to not to have Your Personal Information used to support Our relationship (especially direct marketing or market research) or to amend/update the Personal Information or to unsubscribe from Our newsletters, e-mails or any other information which You may receive from Us, by contacting Us and sending Us an email at email@example.com.
WITHDRAWAL OF CONSENT
We reserve the right to recover the costs and lawyers’ fees from persons using the Website fraudulently. We also reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website.
You will indemnify, defend and hold Us and all persons claiming under Us (collectively “Indemnified Persons”) harmless in full and on demand from and against any losses, claims, demands, liabilities, charges, penalties, fines, damages, costs or expenses, including reasonable legal fees and expert witness fees, which We incur as a result of Your use of the Website otherwise than in accordance with these Terms or breach of representations or warranties, and/or infringement by You of Materials, and Trademarks or Your violation of the rights of any third party.
LIMITATION OF LIABLITY
We are not liable for:
- losses, damage, costs or expenses not caused by Our breach of these Terms; or
- the actions or omissions of or breach of these Terms by Users of the Website; or
- any indirect or consequential loss or damage which means a loss suffered by You which is a side effect of the main loss or damage and where We could not have anticipated that type of loss arising when You agreed to these Terms; or
- any harm, loss or damage suffered by You or anyone else if the Website is interrupted, suspended or otherwise not provided to You or if We do not comply with these Terms because of events beyond Our control; or
- in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Website, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation.
USE OF THE WEBSITE AND ITS SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW: WE DISCLAIM ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE WEBSITE; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE WEBSITE AND THE SERVICES (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN US AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE WEBSITE; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE WEBSITE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
CHANGES OR MODIFICATIONS TO THESE TERMS
We may make changes to these Terms, from time to time at Our sole discretion or on account of changes in law, without any prior notice requirement. We also reserve Our right to suspend and/or deny access to and/or withdraw and/or amend this Website or portions thereof including any third party content, for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise, without any prior notice requirement. We may e-mail periodic reminders of the notices and conditions, unless You have instructed Us not to, but You should check the Website frequently to see recent changes. Changes to the Terms will be effective as on the date they are posted. The revised Terms shall be made available on the Website. Your continued use of the Website, following changes to the Terms will constitute Your acceptance of those changes.
These Terms are effective unless and until terminated by either You or Us.
You may terminate the Terms at any time, provided that You discontinue any further use of the Website. We may terminate the Terms and close Your User Account at any time and may do so without notice, and accordingly deny You access to the Website.
Upon any termination of the Terms by either Us or You, You must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under the Terms or otherwise. Any such termination of the Terms shall not affect Your liability that may have arisen under the Terms.
All communication to Us should be directed over e-mail to the registered email address – firstname.lastname@example.org. When You visit the Website or send emails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.
Any complaints relating to the Website or these Terms shall be addressed to the above mentioned email address. We shall endeavor to respond to the complaint within 15 working days of receipt of the complaint by Us.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by, construed and enforced in accordance with the laws of India. You hereby consent and submit to the exclusive jurisdiction of the competent courts of Mumbai, India for any action however so arising out of these Terms.
We may freely transfer or assign any portion of Our rights or delegate Our obligations under these Terms. You shall not transfer or assign, by operation of law or otherwise, any portion of Your rights or delegate Your obligations under these Terms without Our prior written consent.
These Terms (as amended from time to time) constitute the entire agreement between Us and You concerning Your use of the Website.
If any provision(s) of these Terms are held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Us in writing.