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Edit File: tandc.html

<?php
include('adm_operations.php');
$operations=new adm_operations();
$appdetails=$operations->gettingAppDetails();
?>

<!DOCTYPE html>

<html>
 <head>
 <title><?php echo $appdetails['app_name'];?>-Terms and Conidtions</title>
 <meta charset="UTF-8">
 <meta name="viewport" content="width=device-width, initial-scale=1.0">
 </head>
 <body >
 
 
 
 
 
 Usage of products, applications and services offered by <?php echo $appdetails['app_name'];?> Education

Solutions Private Limited (“<?php echo $appdetails['app_name'];?>”) is governed by the following terms and

conditions (“Terms of Use”).
 
 
 
 
 
 
 
 
 
 When YOU or any of YOUR customers, associates, employees, colleagues, partners

or any individual/third party authorized by YOU (collectively referred as “YOU”), use

any of the products, applications or services, YOU will be subjected to the terms and

conditions applicable to such products, applications or services and the associated

number of licenses of such products, applications or services purchased by YOU,

and they shall be deemed to be incorporated into this Terms of Use. <?php echo $appdetails['app_name'];?>

reserves the right, at its sole discretion, to change, modify, add or remove portions of

these Terms of Use, at any time. It is YOUR responsibility to check these Terms of

Use periodically for changes. YOUR continued use of our products, applications and

services through any channel (website, mobile or any other channel) following the

posting of changes will mean that YOU accept and agree to the changes.

Accessing, Browsing or Otherwise using <?php echo $appdetails['app_name'];?> products, applications

and services implies that YOU have read this agreement carefully and that

YOU agree to the Terms and Conditions outlined below

These Terms and Conditions will be applicable to YOU when YOU either procure the

products, applications and services from <?php echo $appdetails['app_name'];?> or intend to procure the

products, applications and services offered by <?php echo $appdetails['app_name'];?> or browse through or use

the publicly available resources of <?php echo $appdetails['app_name'];?> or related to <?php echo $appdetails['app_name'];?>.
 
 
 
 Confidentiality of YOUR Personal Records
 
 
 
 
 
 
 When YOU purchase <?php echo $appdetails['app_name'];?>, YOU will need to create a User ID and Password

on <?php echo $appdetails['app_name'];?> portal in order to use the products, applications and services offered

by <strong<?php echo $appdetails['app_name'];?>. YOU shall therefore be responsible for all activities that YOU

undertake under that User ID and Password. YOU will not disclose or share YOUR

User Id and Password to anyone else. YOU shall be responsible for frequently

changing YOUR password for the products, applications and services used by YOU.

Right to Block / Disable / Terminate Access Temporarily or Permanently

If YOU provide information that is untrue, inaccurate, not current or incomplete or

<?php echo $appdetails['app_name'];?> has reasonable grounds to suspect that the information provided by

YOU is untrue, inaccurate, not current or incomplete, or not in accordance with the

Terms of Use, then <?php echo $appdetails['app_name'];?> shall have the right to temporarily or permanently

disable or terminate or block YOUR access to <?php echo $appdetails['app_name'];?> products, applications and

services and revoke all licenses purchased by YOU for the said products,

applications and services.

Communications

When YOU use our products, applications and services or send emails or other data,

information or communication to us, YOU agree and understand that YOU arecommunicating with us through electronic records and YOU consent to receive

communications via electronic records from us periodically and as and when

required.

Charges

There are no charges or fee for browsing products on <?php echo $appdetails['app_name'];?> website. However,

YOU can choose to purchase requisite number of licenses for the products,

applications and services offered by <?php echo $appdetails['app_name'];?> by paying a one time or recurring

fee including maintenance and renewal fee, as the case may be, as mutually agreed

between YOU and <?php echo $appdetails['app_name'];?> in accordance with the schedule of payments agreed

between YOU and <?php echo $appdetails['app_name'];?>.

In case a new product, application and service is introduced or new features are

added to an existing product, application and service by <?php echo $appdetails['app_name'];?>, then

<?php echo $appdetails['app_name'];?> reserves the right to charge separately for the same with prior intimation

to YOU. In case any new charge or fee is introduced / or the existing charge or fee is

changed for any existing product, application or service, the charge and the date of

application of the changes shall be communicated to YOU via electronic/physical

means or during sales discussions between YOU and <?php echo $appdetails['app_name'];?>.

Every product, application or service offered by <?php echo $appdetails['app_name'];?> can be purchased for a

fee. Such prices may not remain fixed and can be changed at the sole discretion of

<?php echo $appdetails['app_name'];?>.

Use of the <?php echo $appdetails['app_name'];?> products, applications and services

Use of <?php echo $appdetails['app_name'];?> products, applications and services shall be strictly governed by

the following binding principles:

1. YOU shall not modify / update any information that has not been posted / hosted

by YOU

2. YOU shall not host, display, upload, publish, transmit, or share any information

which:

(a) Belongs to another person unless YOU are authorized by the person for the

same

(b) YOU do not have any right to do so

(c) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic

or sexually explicit, paedophilic, libellous, invasive of another\'s privacy, hateful,

racist, bigotry, offensive to any community, ethnically objectionable, disparaging,

relating or encouraging money laundering or gambling,  or encouraging hatred or

physical harm against any group or individual, or otherwise unlawful in any manner

whatsoever or unlawfully threatening or unlawfully harassing including but not

limited to "indecent representation of women" within the meaning of the Indecent

Representation of Women (Prohibition) Act, 1986;

(d) Is misleading

(e) Involves the transmission of "junk mail”, or unsolicited mass mailing or 
 "spamming";
 
 
 
 
 
 (f) Infringes upon or violates any third party\'s rights [including, but not limited to,

intellectual property rights, rights of privacy (including without limitation unauthorized

disclosure of a person\'s name, email address, physical address or phone number) or

rights of publicity];

(g) Promotes an illegal or unauthorized copy of another person\'s copyrighted work,

such as providing pirated computer programs or links to them, providing information

to circumvent manufacture-installed copy-protect devices;

(h) Contains restricted or password-only access pages, or hidden pages or images

(those not linked to or from another accessible page);

(i) Provides material that exploits people in an otherwise inappropriate manner

(j) Solicits personal information from anyone that YOU are not authorized to collect;

(k) Provides instructional information about illegal activities such as making or buying

illegal weapons, violating someone\'s privacy, or providing or creating computer

viruses;

(l) Contains video, photographs, or images of another person (with a minor or an

adult) that are outside of the authority provided to YOU

(m) Tries to gain unauthorized access or exceeds the scope of authorized access to

the products, applications or services.

(n) Engages in commercial activities and/or sales without our prior written consent

such as contests, sweepstakes, barter, advertising and pyramid schemes, or the

buying or selling of "virtual" items related to the products, applications or services. A

“prior written consent” is a communication from authorized personnel of <?php echo $appdetails['app_name'];?>

in response to YOUR request, and specifically addressing the activity or conduct for

which YOU seek authorization;

(o) Interferes with another user\'s usage or ability to transact for the products,

applications or services;

(p) Refers to any website or URL that, in our sole discretion, contains material that is

inappropriate for the products, applications or services offered by <?php echo $appdetails['app_name'];?> or any

other website, contains content that would be prohibited or violates the letter or spirit

of these Terms of Use.

(q) Harm minors in any way;

(r) Infringes any patent, trademark, copyright or other proprietary rights of

<?php echo $appdetails['app_name'];?> or third party’s trade secrets or rights of publicity or privacy or shall not

be fraudulent or involve the sale of counterfeit or stolen items;

(s) Deceives or misleads <?php echo $appdetails['app_name'];?> through counterfeit addresses / users /

information;

(t) Impersonate another person;

(u) contains software viruses or any other computer code, files or programs designed

to interrupt, destroy or limit the functionality of any computer resource; or contains

any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer

programming routines that may damage, detrimentally interfere with, diminish value

of, surreptitiously intercept or expropriate any system, data or personal information;

(v) Threatens the unity, integrity, defense, security or sovereignty of India, friendly

relations with foreign states, or public order or causes incitement to the commission

of any cognizable offence or prevents investigation of any offence or is insulting any

other nation.

(w) Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in

any item, the dealing of which is prohibited or restricted in any manner under the

provisions of any applicable law, rule, regulation or guideline for the time being in

force.

(x) Shall not create liability for us or cause us to lose (in whole or in part) the services

of any of our partners, vendor, and supplier;

(xi) Violates Intellectual Property Right of <?php echo $appdetails['app_name'];?> over the products, applications

and services offered by <?php echo $appdetails['app_name'];?>

3. YOU shall not misuse the licenses purchased by YOU for the products,

applications and services offered by <?php echo $appdetails['app_name'];?> or misuse the products, applications

and services in any manner including but not limited to:

a) copy, modify, host, stream, sublicense, or resell the products, applications

and services and any of their content whatsoever;

b) use the products, applications and services beyond the number of licenses for

such products, applications and services purchased by YOU

c) enable or allow others to use the products, applications and services using

YOUR account information;

d) use the content or products, applications and services to construct any kind of

database;

e) access or attempt to access the products, applications and services by any

means other than the interface we provided or authorized;

f) circumvent any access or use restrictions put into place to prevent certain

uses of the products, applications and services;

g) share content or engage in behavior that violates anyone’s Intellectual

Property Right;

h) upload or share any content that is unlawful, harmful, threatening, abusive,

tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s

privacy, or hateful;

i) impersonate any person or entity, or falsely state or otherwise misrepresent

YOUr affiliation with a person or entity;

j) attempt to disable, impair, or destroy the products, applications and services;

k) disrupt, interfere with, or inhibit any other user from using the products,

applications and services (such as stalking, intimidating, or harassing others,

inciting others to commit violence, or harming minors in any way),

l) engage in chain letters, junk mails, pyramid schemes, spamming, or other

unsolicited messages;

m) place advertisement of any products, applications and services;

n) use any data mining or similar data gathering and extraction methods in

connection with the products, applications and services; or

o) violate applicable law.

4. YOU shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other

automatic device, program, algorithm or methodology, or any similar or equivalent

manual process, to access, acquire, copy or monitor any portion of the products,

applications and services or any Content, or in any way reproduce or circumvent the

navigational structure or presentation of the products, applications and services or

any Content, to obtain or attempt to obtain any materials, documents or information

through any means not purposely made available by <?php echo $appdetails['app_name'];?>. We reserve our

right to bar any such activity.

5. YOU shall not attempt to gain unauthorized access to any portion or feature of the

Products, applications and services, or any other systems or networks used by the

products, applications and services or to any server, computer, network, or to any of

the products, applications and services provided by <?php echo $appdetails['app_name'];?>, by hacking,

password “mining” or any other illegitimate means.

6. YOU shall not probe, scan or test the vulnerability of the Products, applications

and services or any network used by the Products, applications and services nor

breach the security or authentication measures on the Products, applications and

services or any network used by the Products, applications and services.

7. YOU shall not make any negative, denigrating or defamatory statement(s) or

comment(s) about <?php echo $appdetails['app_name'];?> or the brand name or domain name used by us or

otherwise engage in any conduct or action that might tarnish the image or reputation,

of <?php echo $appdetails['app_name'];?>, or its partners, vendors, suppliers. YOU agree that YOU will not take

any action that imposes an unreasonable or disproportionately large load on the

infrastructure used by the Products, applications and services.

8. YOU agree not to use any device, software or routine to interfere or attempt to

interfere with the proper working of the Products, applications and services or any

transaction being conducted on the Products, applications and services, or with any

other person’s use of the Products, applications and services.

9. YOU may not forge headers or otherwise manipulate identifiers in order to

disguise the origin of any message or transmittal YOU send to us. YOU may not

pretend that YOU are, or that YOU represent, someone else, or impersonate any

other enterprise, organization, individual or entity.

10. YOU agree to grant <?php echo $appdetails['app_name'];?> a non-exclusive, worldwide, perpetual,

irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the

copyright, publicity, database rights or any other rights YOU have in YOURInformation, in any media now known or not currently known, with respect to YOUR

Information. We will only use YOUR information in accordance with the terms of use

and Privacy Policy as mentioned at <?php echo $appdetails['domain'];?>.

11. YOU shall not engage in advertising to, or solicitation of, other users of the

<?php echo $appdetails['app_name'];?> Products, applications and services to buy or sell any products or

services, including, but not limited to, products or services related to <?php echo $appdetails['app_name'];?>. In

order to protect our users from such advertising or solicitation, we reserve the right to

restrict the number of messages or emails which a user may send to other users in

any 24-hour period which we deem appropriate in its sole discretion.

12. YOU understand that we have the right at all times to disclose any information

(including the identity of the persons providing information or materials on the

Products, applications and services or directly to us through emails/calls/personal

interactions) as necessary to satisfy any law, regulation or valid governmental

request. This may include, without limitation, disclosure of the information in

connection with investigation of alleged illegal activity or solicitation of illegal activity

or in response to a lawful court order or subpoena. In addition, we can (and YOU

hereby expressly authorize us to) disclose any information about YOU to law

enforcement or other government officials, as we, in our sole discretion, believe

necessary or appropriate in connection with the investigation and/or resolution of

possible crimes, especially those that may involve personal injury.

We reserve the right, but have no obligation, to monitor the information received

through our products, applications or services. <?php echo $appdetails['app_name'];?> shall have the right to

remove or edit any content at its sole discretion. Notwithstanding this right,YOU

REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE YOUR

MESSAGES OR ANY OTHER INFORMATION THAT YOU SEND TO US

THROUGH THE WEBSITE OR ANY INFORMATION/DATA THAT YOU

ENTER/UPLOAD WHILE USING OUR PRODUCTS, APPLICATIONS OR

SERVICES OR ANY INFORMATION/DATA YOU SHARE THROUGH EMAILS /

CALLS / PERSONAL INTERACTIONS WITH <?php echo $appdetails['app_name'];?>.Please be advised that

such messages/information received from YOU does not necessarily reflect our

views. In no event shall we assume or have any responsibility or liability for any

information or view point or message received from YOU or for any claims, damages

or losses resulting from use of such information or view point or message.

13. YOUR correspondence or business dealings with, or participation in promotions

of, advertisers found on or through the Products, applications and services, including

payment and delivery of related goods or services, and any other terms, conditions,

warranties or representations associated with such dealings, are solely between

YOU and such advertiser. We shall not be responsible or liable for any loss or

damage of any sort incurred as the result of any such dealings or as the result of the

presence of such advertisers on the Products, applications and services now or in

future.

14. It is possible that other users (including unauthorized users or “hackers”) may

post or transmit offensive or obscene materials on the Products, applications and

services and that YOU may be involuntarily exposed to such offensive and obscene

materials. It also is possible for others to obtain personal information about YOU due

to YOUR use of the Products, applications and services, and that the recipient mayuse such information to harass or injure YOU. We do not approve of any such

unauthorized use of YOUR information, but by using the Products, applications and

services YOU acknowledge and agree that we are not responsible for the use of any

personal information that YOU publicly disclose or share with others using our

Products, applications and services. Please carefully select the type of information

that YOU publicly disclose or share with others using our Products, applications and

services.

15. <?php echo $appdetails['app_name'];?> shall have all the rights to take necessary action and claim damages

that may occur due to YOUR involvement/participation in any way on YOUR own or

through group/s of People, intentionally or unintentionally in Denial of Services /

Distributed Denial of Services.

Conduct of other business

<?php echo $appdetails['app_name'];?> does not take responsibility or liability for the actions, products, content

and services on the Website or on our products, applications or services, which are

linked to Partners / Suppliers / Vendors / Advertisers / Affiliates and / or third parties.

We assume no responsibility for examining or evaluating the products and services

offered by any one of them.

Privacy

YOUR privacy is important to us. We value YOUR Personal Information. Appropriate

measures are taken to keep YOUR information secure in accordance with the IT Act.
 
 
 
 
Disclaimer of Warranties and Liability
 
 
We do not warrant that:
 
 
 
 1. <?php echo $appdetails['app_name'];?> will be constantly available, or available at all; or
 1. <?php echo $appdetails['app_name'];?> will be constantly available, or available at all; or
 3. Information sent by <?php echo $appdetails['app_name'];?> is free of viruses or other harmful components
 
 
 
 <?php echo $appdetails['app_name'];?> is not liable to YOU in any way or in relation to the Contents of, or use

of, or otherwise in connection with, the Products, applications and services.
 
 
 
 
Nothing on Website or on/through products, applications or services constitutes, or is

meant to constitute, advice of any kind.
 
 
Accuracy of Information

Providing accurate information at the time of placing the order is critical. Since all

order, shipping and other information will be communicated over phone and email, it

is imperative to provide correct information for ongoing communication. Also by

providing YOUR phone number and email address YOU agree to be contacted by us

via phone calls and / or SMS notifications / or email, in case of any order or shipment

or other related updates.

All the Products, applications and services sold are governed by different state laws

and if we are unable to deliver such Products, applications or services due to

implications of different state laws, we will return or will give credit for the amount (if

any) received in advance by us from the sale of such Product, applications and

services that could not be delivered to YOU. No interest shall be provided on the

advance received.

Information on Products 
We try to be as accurate as possible while displaying the information related to our

products, applications or services. However, we do not warrant that description or

other content related to our products, applications or services is accurate, complete,

reliable, current, or error-free.

Compliance with Licenses We may, no more than once every 12 months, upon seven 7 days’ prior notice to

YOU, appoint our personnel or an independent third party auditor who is obliged to

maintain confidentiality to inspect (including manual inspection, electronic methods,

or both) YOUR records, systems, and facilities to verify that YOUR installation and

use of any and all products, applications and services offered by <?php echo $appdetails['app_name'];?> is in

conformity with its valid licenses from us. Additionally, YOU will provide us with all

records and information requested by us in order to verify that its installation and use

of any and all products, applications and services is in conformity with YOUR valid

licenses from us within 30 days of our request. If the verification discloses a shortfall

in licenses for the products, applications and services, YOU will immediately acquire

any necessary licenses, subscriptions, and any applicable back maintenance and

support. If the underpaid fees exceed 5% of the value of the payable license fees,

then YOU will also pay for our reasonable cost of conducting the verification.

Payment

While availing any of the payment method/s available as part of our products,

applications or services, we will not be responsible or assume any liability,

whatsoever in respect of any loss or damage arising directly or indirectly to YOU due

to:

1. Lack of authorization by the bank; or
2. Decline of transaction by the bank for any reason whatsoever; or
3. Any action not in accordance with the directions given for the payment method

All payments made for purchases/services made available through our Products,

applications and services by YOU shall be compulsorily in Indian Rupees.

At any point of time before delivering a product, application or service, we may

request YOU to provide supporting documents that establishes the ownership of the

payment instrument used by YOU for YOUR purchase. This is done in the interest of

providing a safe online environment to our users, customers and prospects.

Refund Policy Refund will be applicable under the following scenarios

I. YOU have been charged but the products, applications or services are not

delivered

II. <?php echo $appdetails['app_name'];?> has received the payment (advance money, part money or full

payment as per the schedule of payment accepted and signed for that order

between YOU and <?php echo $appdetails['app_name'];?>) and the order is subsequently cancelled by

<?php echo $appdetails['app_name'];?> due to <?php echo $appdetails['app_name'];?>’s inability to deliver the products, applications

or services or prohibition by any central/state law or for any other reason

whatsoever. Refund will be credited back to the same account of YOUR

which was used for placing the order. Charges incurred on account of such

refunds or reversal will be borne by <?php echo $appdetails['app_name'];?>. The refund will be processed

for each of the above cases as under

I. Within 30 days of the failed transaction
II. Within 30 days of order cancellation by <?php echo $appdetails['app_name'];?>

Breach

In case of a breach of any of the Terms and Conditions, YOU may be disabled,

blocked or deleted and access will be denied to the Products, applications and

services

We may at any time at our sole discretion reinstate suspended users. A user that

has been suspended or blocked may not use the Products, applications and services

in any manner whatsoever until such time that such user is reinstated by us.

Notwithstanding the foregoing, if YOU breach the Terms of Use or Privacy Policy or

other ruler and policies, we reserve the right to recover any amounts due and owing

by YOU to us and to take strict legal action including but not limited to a referral to

the appropriate police or other authorities for initiating criminal or other proceedings

against YOU.

Indemnity YOU shall indemnify and hold harmless <?php echo $appdetails['app_name'];?>, its owner, licensee, affiliates,

partners, suppliers, vendors, subsidiaries, group companies (as applicable) and their

respective officers, directors, agents, and employees, from any claim or demand, or

actions including reasonable attorneys\' fees, made by any third party or penalty

imposed due to or arising out of YOUR breach of this Terms of Use, Privacy Policy

and other Policies, or YOUR violation of any law, rules or regulations or the rights of

a third party.

p style="text-align: justify">Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance

with the laws of India. The place of jurisdiction shall be exclusively in Delhi.

Limitation of Liability

IN NO EVENT SHALL <?php echo $appdetails['app_name'];?> BE LIABLE FOR ANY SPECIAL, INCIDENTAL,

INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION

WITH THIS AGREEMENT, EVEN IF <?php echo $appdetails['app_name'];?> HAS BEEN INFORMED IN

ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Feedback / Complaint / Grievance In case YOU have feedback or complaints or grievance related to any of our

products, applications and services, YOU may contact us at

<?php echo $appdetails['support_mail'];?>

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