Terms & Condition
BY ACCESSING, BROWSING, OR OTHERWISE USING THE EDUOOZE YOU UNDERSTAND THAT YOU SHALL BE CONTRACTING WITH THE COMPANY AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS UNDER THESE ‘TERMS OF USE’, SO PLEASE READ THE ‘TERMS OF USE’ CAREFULLY, BEFORE PROCEEDING. IF YOU DO NOT UNDERSTAND THESE TERMS OF USE OR THE PRIVACY POLICY OR DO NOT ACCEPT OR AGREE TO ANY PART OF THEM, THEN YOU ARE REQUESTED TO NOT USE EDUOOZE.
A. APPLICABILITY OF TERMS.
B. RIGHT TO ALTER THE SERVICES
C. EDUOOZE AVAILABILITY AND COMMUNICATION
D. ACCOUNT AND REGISTRATION OBLIGATIONS
E. TRANSACTIONS ON EDUOOZE
F. PAYMENT AND PAYMENT TERMS
G. USER REPRESENTATIONS AND WARRANTIES
H. INTELLECTUAL PROPERTY RIGHTS
I. DATA PRIVACY
J. FEEDBACK / SUBMISSIONS
K. DOWNLOADS
L. DISCLAIMER
M. INDEMNITY & RELEASE
N. FORCE MAJEURE
O. JURISDICTION
P. DISPUTE RESOLUTION
Q. GENERAL
A. Applicability of Terms:
1. These Terms and conditions in so far as they refer to the User, from the contract You and Bennett, Coleman & Co. Ltd. (Eduoose Skill Institute) created to govern the access and visit at the site accessible through web www.eduooze.com (the website branded and hereinafter referred to as “Eduooze”). These Terms and Conditions also govern Your use of any services available at Eduooze and/or Your use and access to the learning plalform (the servicesand learning hereinafter collectively reffered to as the “Services(s)”). Please review the below terms and conditions (“Terms of Use”) along with other related documents which are incorporated herein by way of reference that grovern Your use of Eduooze as they constitute a legally binding agreement between you and the Company.
2. In these Terms of use, references to ‘we’, ‘us’ and ‘our’ are references to the Company and references to ‘you’, ‘your’ and ‘User’ are reference to any natural or legal person using or accessing Eduooze. We may change, move or delete portions of, or may add to, these Tems of use from time to time without any prior notice to You.
3. By impliedly or expressly accepting these Terms of use, User also accepts and agrees to be bound by the Company policies including but not limited to Privacy Policy and Refund Policy as amended from time to time and the applicable Laws. The term “Applicable Law(s)” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law. Order, decree, bye-law, government approval, directive, guideline, requirement or other government restriction, or any similar form of decision of, or determination by, or any interpretation, police or administration, having the force of law of any of the foregoing, by any authority having jurisdiction over the matter in question, whether in effect as of the date of date of these Terms of use or thereafter.
4. When you use, access or visit Eduooze, You may also be subject to the rules, guidelines, cancellation & refund polices, terms and conditions (hereinafter collectively “Additional Policies” of third parties and or service partner(s) such as institute Partner, loan provider transaction partner, technology, etc. (“Service Partner(s)”) for provision of the Services relating to terms & conditions, security, default, duration, etc. YOU ARE ADVISED TO CAREFULLY READ SUCH ADDITIONAL POLICIES BEFORE AVAILING ANY SERVICE(S) WHICH MAY APPLY TO YOU IN ADDITION.
B. RIGHT TO ALTER THE SERVICES :
1. Eduooze is being offered at the sole discretion of the Company and the Company reserves the right to add, amend, revise, withdraw, suspend or cancel the usage of these viewable/usable rights of Eduooze either in whole or in part any of the Services which are part of Eduooze, without any prior notice to the User. Any addition, amendment revision, susupention, or cancellation shall be effective and binding on the User from the date of publication on Eduooze.
2. The Company may introduce new services (forming part of Eduooze) on Eduooze from time to time without any prior notice to the User. The existence and availability of the new services as part of Eduooze will be notified on Eduooze as and when they become available.
3. It is the responsibility of the User to review these Terms of Use for any updates/changes. Continued use of Eduooze by You, following the posting of any changes will mean that You have accepted and agreed to the revisions of the Terms of Use and other policies incorporated by reference. As long as You comply with these Terms of Use, the Company grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use Eduooze.
4. Your use of Eduooze will be subject to the most recent version of the Terms of Use available and published on Eduooze. Kindly note that the Additional Policies may be changed by the Service Partner(s) at any time without any prior written notice to Us/You. You are required to read through the Terms of Use including all the Company policies and related Additional Policies regularly so that You can be sure that You are aware of any changes that may apply to You.
C. ACCOUNT AND REGISTRATION OBLIGATION :
1. Age Requirement: Access to or use of certain Services and/or transaction on Eduooze is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 are not eligible to use or access Eduooze. If You are a minor i.e. under the age of 18 years, You may use or access Eduooze only under the supervision and prior consent/ permission of a parent or legal guardian.
2. We reserve the right to terminate Your account and/or refuse to provide You with access to Eduooze if it is brought to Our notice or if it is discovered that You are under the age of 18 years and transacting, and using Services offered by us without prior consent/permission of a parent or legal guardian.
3. Registration and/or Account Creation: As a pre-requisite for accessing the content on Eduooze, we may require You to register for availing of the Services. You are requested to complete all the required columns and submit the requisite details. The Company retains the right to cross-verify the same by requesting You to provide documentary evidence for the same. You promise to provide us with accurate, complete, and updated registration information about yourself. The Company also reserves the right to terminate the registration at its own discretion for any reason, including but not limited to the submission of erroneous/incomplete/derogatory/inappropriate/ incomplete information. The Company shall at no time be required to ensure that the details provided by You are up to date, it shall be Your responsibility to ensure that the same is duly updated at all times.
4. User ID and User Password: You understand that you shall be able to visit and access selected Service by using the User ID and generated User Password. You confirm and agree that you will be the sole and exclusive owner and the only authorized user of the User ID and User Password and accept sole responsibility for relating to its use, confidentiality and protection as well as for all account transactions initiated through your account on Eduooze. You will not share the User ID and User Password with anyone, and you shall be solely liable and responsible for all the activities undertaken through your account, and any consequences there from.
5. Retrieve ID/Password: In case You forget or lose Your User ID or Password, You would be able to retrieve Your User ID or Password by following the recovery procedure on Eduooze. The User undertakes not to disclose the User Password to any person including employees of the Company.
6. User undertaking and obligations are as follows:
• User must duly log out and close the web browser else, information about the User may appear on the screen of the computer when it is next used and the Company cannot be held responsible for third parties having access to this information.
• User shall be responsible for all activity and content (data, graphics, photos, links) that is uploaded under his/her account.
7. Unauthorised access: You are instructed to use a legitimate User ID and Password assigned to You only. Use of access credentials meant for other users will be identified as unauthorised access to Eduooze and you may be disabled or barred from using other Services. Legal action may be taken as per Applicable Law.
8. The User will indemnify and hold harmless the Company against all types of losses and damages incurred by the Company due to any action taken by any regulatory body or any public authority due to any erroneous complaint raised by You against the Company with respect to the communications mentioned above or due to a wrong number or email id being provided by You for any reason whatsoever.
D. EDUOOZE AVAILABILITY AND COMMUNICATION
1. We will do our utmost to ensure that the availability of Eduooze will be uninterrupted and that transmissions on Eduooze will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to Eduooze and/or the Services may be occasionally suspended or restricted, or temporarily unavailable for administrative reasons or to allow for repairs, maintenance, or the introduction of new features or services or other reasons at any time without prior notice. We will attempt to limit but cannot guarantee the frequency and duration of any such suspension or restriction or unavailability and in this regard, you affirm and acknowledge that You shall have no objection.
2. By registering, subscribing and/or creating a user account with us, You agree that we may send You informational text (SMS)/ WhatsApp messages/email(s) or connect You through voice call as part of the normal business operation of Your use of the Services. The User hereby unconditionally consents that such communications via SMS, WhatsApp messages, voice call, email or any other mode by the Company are upon the request and authorization of the User and are transactional in nature and not an unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India. I override my NDNC registration (if any) and authorize the Company or its representative to contact me through SMS/ Call/ Email/ WhatsApp messages for any assistance and this will not cause any inconvenience to me.
3. When You use Eduooze and/or send emails and/or other data, information or communication to Us, You agree and understand that You are communicating with the Company through electronic records and hereby consent to receive communications via electronic records from the Company periodically and as and when required. We may communicate with the User by email or by such other mode of communication, electronic or otherwise. The medium of communication on Eduooze shall be in English.
4. You may opt-out of receiving text (SMS)/ WhatsApp messages/email(s) or from receiving voice calls from us at any time by writing to us at info@eduooze.com clearly indicating that You no longer wish to receive any messages or voice calls, along with the phone number receiving the messages or calls. You acknowledge that opting out of receiving any messages or voice calls may impact your use of the Services.
E. TRANSACTION ON EDUOOZE:
1. Account Transactions: User shall at all times be fully responsible and liable for all User account transactions that are carried out by the use of the User ID or the User Password registered under the User (“Account Transactions”). If third party/ies gain access to the Services offered as part of Eduooze through the use of the User ID and User Password, the User shall be deemed to be responsible and the User hereby indemnifies and holds the Company harmless against any loss, liability, costs or damages arising out of actions or claims or suits by or against such third party/ies based upon or relating to such access and use.
2. Any Account Transactions authorised by using the User ID and User Password shall be deemed to be that of and initiated by You and the Company shall treat the transactions as genuine and will carry them out even if given in error and is not responsible for any mistake/error made by You in keying in any details or data or any facts or figures. We will endeavor to carry out the instructions correctly, but it is Your responsibility to check that the Company has carried out instructions correctly. If the transaction has not been carried out correctly or an error has occurred, You should immediately notify the Company.
3. Evidence of Transactions: The Company’s own records of any Transactions maintained through computer systems or otherwise including the time of such Transactions shall be conclusive proof of the genuineness and accuracy of the Transactions and binding for all purposes.
4. All Transactions shall be subject to Government notifications, the rules, regulations and guidelines issued by the Reserve Bank of India, and those of other regulatory bodies defining rules/regulations governing the offer of any Service on Eduooze, if any, on which such transactions are executed and/or cleared by the Company.
5. Payment transaction at a cyber cafe/shared computer terminal is risky and You shall not use the services of a cyber cafe/shared computer terminal to do any such transactions. If so, the Company will not be liable for any misuse or fraud committed using such terminals or machines.
6. Account restrictions & Legal Action: We may at our sole discretion suspend, block, restrict, cancel the account of such User and/or disqualify that User and any related User(s) who files an invalid and/or false claims or provides false, incomplete, or misleading information. We reserve our right to initiate civil and/or criminal proceedings against such Users. In addition to the legal proceedings as aforesaid, we reserve the right to seek prosecution of any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete, or misleading information and may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
7. The Company would be entitled, at its sole discretion, to seek offline written or other confirmation from the User of any Account Transaction as it may deem fit to ascertain or verify the genuineness of request on Eduooze.
8. Offers and Promotional Codes: From time to time, we may at our sole discretion provide offers or create promotional codes that may be redeemed for credit, or other features or benefits related to the Services. Each such offer has its own terms and conditions, which may be set forth on such offers or promotional codes and published on Eduooze or communicated to You separately.
9. We reserve the right to refuse to process transactions by Users having a prior history breach of any of the Company’s policies or this Terms of Use or was in breach/violation of any applicable law.
F. PAYMENT AND PAYMENT TERMS:
1. Payment Method & Currency: The payment methods and currencies you can use depend on your location. We offer varied payment methods and accept payments in foreign currencies as made available on Eduooze from various locations. Depending on where You transact with Us, the type of payment method used, and where Your payment was issued, Your transaction with us may be subject to applicable foreign exchange fees or exchange rates from time to time.
2. Billing: All payments shall be subject to applicable taxes including without limitation Goods and Service Taxes (GST) and Value Added Taxes (VAT) or other similar taxes as may apply to You are calculated based on the billing information You provide to us at the time of registration/purchase.
3. Payment Terms:
• You understand that upon initiating a transaction on Eduooze, You are using the payment method/s provided by Us, and You shall pay the transaction price towards the Service(s) availed or to be availed by You through Your issuing bank to us by using the said payment method/s.We reserve the right to refuse to process any transaction(s) by User(s) with a prior history of any questionable charges including without limitation breach of this Terms of Use or any policies or is in breach/violation of any law.
• While availing any of the payment method/s offered on Eduooze, the Company is not responsible or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to You out of the decline due to:
a. lack of authorization for any transaction/s, or
b. exceeding the preset limit mutually agreed by You and between Your Bank/s, or
c. any payment issues arising out of the transaction, or
d. decline of transaction for any other reason/s.
4. Your arrangement with Issuing Bank:
All valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective issuing bank and payment instrument issuing company. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which supports a payment facility to provide these services to the users. All such online bank transfers on payment facilities are also governed by the terms and conditions agreed to between the User and the respective issuing bank.
G. USER REPRESENTATIONS AND WARRANTIES:
1. You agree, undertake, and confirm that Your use of Eduooze shall be governed under the Applicable Laws and You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the user does not have any right;
- is defamatory, obscene, pornographic, pedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to child;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the address about the origin of the message or knowingly and intentionally communicates any
- information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defence, 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 other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
2. You further agree, undertake, warrant and confirm that you shall not:
- Participate in any action that imposes an unreasonable or disproportionately large load on the infrastructure of Eduooze’s systems or networks, or any systems or networks connected to Eduooze.
- use any device, software or routine to interfere or attempt to interfere with the proper working of Eduooze or any transaction being conducted on Eduooze, or with any other person’s use of Eduooze.
- Attempt to probe, scan or test the vulnerability of Eduooze or any network connected to Eduooze, nor to breach the security or authentication measures on Eduooze or any network connected to Eduooze.
- attempt to reverse look-up, trace or seek to trace any information on any other user of or visitor to Eduooze, or any other customer of the Company , including any login account not owned by You, to its source, or exploit Eduooze or any service or information made available or offered by or through Eduooze, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by Eduooze.
- 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 Eduooze or any content, or in any way reproduce or circumvent the navigational structure or presentation of Eduooze or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Eduooze.
- Attempt to gain unauthorized access to any portion or feature of Eduooze, or any other systems or networks connected to Eduooze or to any other Company server, or to any of the services offered on or through Eduooze, by hacking, password “mining” or any other illegitimate means.
- Attempt to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Company on or through Eduooze or any service offered on or through Eduooze. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- Attempt to use Eduooze or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Eduooze or others.
- Attempt to introduce or cause to introduce any computer contaminant and by means of such conduct cause or be likely to cause damage or destruction to Eduooze property or disruption of Eduooze services.
- Attempt to knowingly or intentionally penetrate or access Eduooze network or systems without authorization or exceeding authorized access; and by means of such conduct carry out an unauthorized transaction or obtain access to information, data or computer database that is restricted.
- attempt to interfere with services provided to any user, host or network or carry out DOS attacks which includes but is not limited to ‘flooding’ of networks, deliberate attempts to overload a service, and attempts to ‘crash’ a host.
H. INTELLECTUAL PROPERTY RIGHTS:
1. Unless expressly stated otherwise, all material images, illustrations, designs, icons, photographs, music, video clips, audio material, text, trademarks or logos, directories, charts, guides, excerpts, opinions, critiques reviews, made available through Eduooze (collectively, the “Content”) are protected by copyrights, trademarks and/or other intellectual property rights owned, controlled or licensed to the Company and/or its subsidiaries, affiliates and advertisers. Content or information available on Eduooze is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such Content or information in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the Company, modification of the Content or information, use of the Content or information on any other platform or networked computer environment or use of the Content or information for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is strictly prohibited.
2. Copyright Compliant: To report allegedly infringing Content hosted on Eduooze, You are requested to send a notice along with a screenshot or snippet of the infringing Content on info@Eduooze.com.
I. USER GENERATED CONTENT:
1. Whenever You make use of a feature that allows You to upload content to Eduooze, or to make contact with other users of Eduooze, You must not and warrant that You shall not submit material/content which:
- is defamatory, obscene, offensive, hateful or inflammatory;
- promotes sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringes any copyright, database right or trademark of any other person;
- is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promotes any illegal activity;
- is threatening, abuse or invade another’s privacy, or causes annoyance, inconvenience or needless anxiety;
- is likely to harass, upset, embarrass, alarm or annoy any other person;
- Advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
2. If your material/content which You upload to Eduooze does not meet the above requirements, You will be liable to us and indemnify us for any loss or damaged caused to us. This means you will be responsible for any loss or damage we suffer as a result of Your breach of warranty.
3. Any material/content You upload to Eduooze will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your material/content, but You grant us and other users of Eduooze a licence to use, store and copy that material/content and to distribute and make it available to third-parties during and after the term of Your arrangement with us.
4. We also have the right to disclose Your identity to any third party who is claiming that any content posted or uploaded by You to Eduooze constitutes a violation of their intellectual property rights, or of their right to privacy.
5. We have the right to remove any posting You make on Eduooze if, in our opinion, Your post does not comply with the requirements set out above.
J. DATA PRIVACY:
In relation to our collection, processing, sharing and storing of any personal information /data provided to us shall be in accordance with our Privacy Policy. The Privacy Policy forms integral part of the Terms of Use and shall at all times be read in conjunction the terms of Use. Kindly review our Privacy Policy, which also governs your visit to Eduooze.
K. FEEDBACK / SUBMISSIONS:
You acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding Eduooze and/or Service(s) or otherwise (“Feedback/Submissions”) provided by You are non-confidential and we (as well as any of our associated third parties) shall be entitled to worldwide unrestricted use and dissemination of these Feedback/Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to You.
L. DOWNLOADS:
Please note that any downloads provided may only be used for promotional, journalistic and/or reporting purposes relating to the Company and for no other purpose. All software, multimedia files, photographs, reports and other documents are downloaded at Your own risk. We do not warrant the suitability of any such downloads and accept no liability in this regard.
M. DISCLAIMER:
EDUOOZE, SERVICES INCLUDING ANY INFORMATION MADE AVAILABLE TO THE USER THROUGH EDUOOZE ARE PROVIDED ON ‘AS IS’ AND ‘AS AVAILABLE’. YOU AGREE THAT YOUR USE OF THE EDUOOZE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. EXCEPT TO THE EXTENT PROHIBITED BYLAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD-PARTY CONTENT, (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE OFFERINGS OR THIRDPARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED, AND (C) DO NOT WARRANT THAT (I) EDUOOZE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE INFORMATION PUBLISHED ON EDUOOZE IS COMPLETE, TRUE, ACCURATE OR NON-MISLEADING; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR SUBSCRIBED BY USER THROUGH EDUOOZE WILL MEET USER EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
N. LIMITATION OF LIABILITY:
1. Nothing in These Terms Of Use excludes Or limits our liability For death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under the Applicable Law.
2. To the maximum extent permitted by Applicable Law, the Company shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of data or other intangible losses, resulting from Your access to or use of Eduooze or in connection with these Terms of Use and/or Services of any Service Partner with whom You may contract, regardless of the purpose.
3. To the maximum extent permitted by Applicable Law, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
I. use of, or inability to use, Eduooze; or
II. use of or reliance on any content displayed on Eduooze.
III. If You are a business User, please note that in particular, we will not be liable for:
a. loss of profits, sales, business, or revenue;
b. business interruption;
c. loss of anticipated savings;
d. loss of business opportunity, goodwill or reputation; or
e. any indirect or consequential loss or damage.
4. If You are a consumer User, please note that we only provide Eduooze for domestic and private use. You agree not to use Eduooze for any commercial or business purposes, and we have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5. We assume no responsibility for the content of websites linked on Eduooze. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
6. In no event shall the aggregate liability of the Company exceed the actual amount received by the Company, if any, against the disputed transaction or Services giving rise to the claim. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise and whether or not the Company has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use shall survive the termination of your relationship with us.
O. INDEMNITY & RELEASE:
1. You agree to defend, indemnify and hold harmless the Company , its subsidiaries, and affiliates, and their respective directors, officers, employees, service providers, representatives and agents (collectively referred to as “Indemnities”), from and against any and all claims, losses, damages, liabilities, or demands, including reasonable attorneys’ fees and expenses due to or arising out of Your use of Eduooze and/or Services, including, without limitation Your use in violation of this Terms of Use, Privacy Policy and other policies or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
2. You hereby expressly release the Indemnities from any cost, damage, liability or other consequence of any of the actions/inactions of any third party or service partners that You may have in this behalf against any of the indemnities and specifically waive any claims or demands that You may have in this behalf under any statute, contract or otherwise.
P. FORCE MAJEURE
1. In no event shall the Company be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemic, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; in all such circumstance the Company shall use reasonable efforts to resume performance as soon as practicable possible.
2. In the event, the Company is prevented from providing program/course due to a force majeure situation mentioned in above clause then the Company at its sole discretion may change the mode of delivery of program/course without reducing the consideration payable by You; and/or.
Q. JURISDICTION:
1. Your usage of Eduooze and the terms and conditions herein shall always be governed by Indian laws and all disputes shall be subject to exclusive jurisdiction of courts at Vaishali.
2. The Company accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than India. The mere fact that Eduooze can be accessed by a User in or from a country other than India would not mean that the laws of the said country would govern these Terms of Use and/or usage of Eduooze by You. The Company’s performance of terms and conditions are subject to existing laws and legal process, and nothing contained in this Terms of Use is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Eduooze or information provided to/ gathered by the Company with respect of such use.
R. DISPUTE RESOLUTION
All or any disputes, controversy or claim arising out of or touching upon or in relating in any way to Services availed by You under this Terms of Use, including dispute concerning the interpretation and validity of this Terms of Use, shall be settled amicably by mutual discussion, failing which the same shall be settled through courts located in Vaishali exclusively.
S. GENERAL:
1. Bipartite contract with Service Partner(s): You are fully aware that the contract between You and the Service Partner(s) is a bipartite contract and understand that the Company is merely a facilitator and is not and cannot be a party to or control in any manner any contractual obligations between You and the Service Partner(s). You shall be solely responsible and accountable to Service Partner(s) for any default including non-repayment and/or misappropriation of funds.
2. Time Zone: Unless specified otherwise, all times mentioned in any service offerings on Eduooze are as per Indian Standard Time (IST). IST means the time observed throughout India which is GMT+5:30.
3. Assignment: You may not assign your rights and obligations under this Terms of Use to anyone. We may assign its rights and obligations under this Terms of Use in its sole discretion and without advance notice to you.
4. Cookies: We shall have the right to store ‘cookies’ on Your system during use of Eduooze. These cookies allow the users to be automatically identified as a user upon their next use of Eduooze. You shall have the right to block the storage of cookies or delete cookies by making the appropriate browser settings.
5. No Relationship: Nothing in this Terms of Use (or any of the arrangements contemplated herein) shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of employer and employee, principal and agent or a partnership between the parties for any purpose or entitle to commit or bind each other in any manner.
6. The words ‘including’ or ‘include’ and words of similar effect will not be deemed to limit the general effect of the words which follow them.
7. The headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section or form part of these terms and will not affect the interpretation of any section.
8. Severability: If any part of this Terms of Use is declared void, voidable, illegal, invalid or unenforceable under the Applicable Laws, such part shall be severed, and the remainder of the Terms of Use will continue be valid and enforceable.
9. Any disclaimers and exclusions contained within these terms will survive termination of these terms.
10. If the Company fails to exercise any right or remedy under these terms, this shall not prevent the Company from doing so at any time in the future.
11. Declaration by User:
I. You affirm and acknowledge that the availability of the information, advice and the guidance, if any, on Eduooze does not constitute a recommendation and is not a solicitation by the Company or any of their personnel or the experts used by the Company.
I. You affirm and acknowledge that the decision to select any of the courses offered by the Company is solely at his/her discretion and he/she has not been directed or forced to select any courses by the Company or its employees.
12. These Terms of Use are an electronic record in terms of the Information Technology Act 2000, as amended from time to time, and rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
13. Contact Information: Registered Office: 1st Floor near Radhe Krishna Memorial Hospital, Umesh Cinema Road, Hajipur Vaishali. If You have any questions kindly write to us at Info@Eduooze.com.