Welcome, and thank you for your interest in Eduapps Technology Solutions Pvt Ltd, Private Limited Company under Indian Company Act 1956 (“Eduapps Technology Solutions Pvt Ltd”), which operates the web site located at http://www.eduappsworld.com and related products and services (the “Website”). The following Terms of Service are a legal contract between you, an individual subscriber, customer, member, or user (“You”), and Eduapps Technology Solutions Pvt Ltd regarding your use of the Website. Visitors, customers and users of the Website are referred to individually as “User” and collectively as “Users”.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING any ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS”).
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
1. Eligibility: Accounts- The website IS not available to (A) any Users previously suspended or removed from the Website by EDUAPPS TECHNOLOGY SOLUTIONS PVT LTD OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN. By clicking the “I Agree” button or by otherwise using or registering an account for the Website, You represent (a) that You have not been previously suspended or removed from the Website by Eduapps Technology Solutions Pvt Ltd, (b) that You are either (i) at least 13 years of age or (ii) Your parent and/or guardian has consented to Your use of the Website; and (c) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations.
1.1 Account: In order to use certain features of the Website, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to Eduapps Technology Solutions Pvt Ltd, whether on registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Eduapps Technology Solutions Pvt Ltd. You may be liable for the losses incurred by Eduapps Technology Solutions Pvt Ltd or others due to any unauthorized use of your Website account.
1.3 Child Member: If you are a User of the Website that is under the age of 13 (“Child Member”), you may not register an account for the Website without consent and approval from your legal parent or guardian. A Child Member that begins the registration process for himself or herself without a Parent Member may have the registration process restricted until a Parent Member, or a Coach (as defined below) as the case may be, approves or assumes responsibility for the Child Member account. Additionally, a Child Member may use the Website if registered through certain educational organizations that have entered into a relationship directly with Eduapps Technology Solutions Pvt Ltd and through which educational organization the legal parent and/or guardian of such Child Member has consented to use of the Website. A Child Member that has registered through such external educational organizations will only be permitted to use the Website for so long as Eduapps Technology Solutions Pvt Ltd reasonably believes that such access has been consented by the Child Member's parent of guardian.
1.4 Parent Member: If You are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child Member of the Website, You may register a parent account on the Website (“Parent Member”). If you are a Parent Member you may create, register, manage and approve Child Member accounts only for your own children, or children for whom you are a legal guardian. A Parent Member account, along with all associated Child Member accounts, may be terminated by Eduapps Technology Solutions Pvt Ltd at any time and without warning for any failure to abide by these Terms. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD MEMBER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD MEMBER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD MEMBER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD MEMBER. You acknowledge that Eduapps Technology Solutions Pvt Ltd may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Eduapps Technology Solutions Pvt Ltd deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. Eduapps Technology Solutions Pvt Ltd reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT EDUAPPS TECHNOLOGY SOLUTIONS PVT LTD CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND EDUAPPS TECHNOLOGY SOLUTIONS PVT LTD IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT MEMBER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD MEMBER OR A COACH DURING REGISTRATION IS SUCH CHILD MEMBER’S ACTUAL PARENT OR GUARDIAN.
2. Modification of the Terms: Eduapps Technology Solutions Pvt Ltd reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Eduapps Technology Solutions Pvt Ltd will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) your actual notice of such changes and (ii) thirty days after Eduapps Technology Solutions Pvt Ltd makes reasonable attempt to provide you such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
3. User Content License Grant; Representations and Warranties.
3.2 License Grant to Eduapps Technology Solutions Pvt Ltd: By submitting or distributing User Content through the Website, You hereby grant to Eduapps Technology Solutions Pvt Ltd a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, adapt, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
3.3 User Content Representations and Warranties: You are solely responsible for your User Content and the consequences of posting or publishing them. By uploading, submitting, creating, or publishing your User Content to or through the Website, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Eduapps Technology Solutions Pvt Ltd and Eduapps Technology Solutions Pvt Ltd’s Users to use and distribute your User Content as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by Eduapps Technology Solutions Pvt Ltd and these Terms of Service; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. Eduapps Technology Solutions Pvt Ltd reserves all rights and remedies against any User who violates these Terms of Service.
3.4 Access to Your User Content: Eduapps Technology Solutions Pvt Ltd permits Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Website users) to view. You acknowledge and agree that although Eduapps Technology Solutions Pvt Ltd may provide certain features intended to allow you to restrict some User Content you create from others, Eduapps Technology Solutions Pvt Ltd does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, Eduapps Technology Solutions Pvt Ltd will use reasonable efforts to notify you pursuant to Section 16.1 below. EDUAPPS TECHNOLOGY SOLUTIONS PVT LTD HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
4. Digital Millennium Copyright Act. It is Eduapps Technology Solutions Pvt Ltd’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Eduapps Technology Solutions Pvt Ltd will promptly terminate without notice your access to the Website if You are determined by Eduapps Technology Solutions Pvt Ltd to be a “repeat infringer.” A repeat infringer is a User who has been notified by Eduapps Technology Solutions Pvt Ltd of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Website more than twice.
5. Fees & Payments.
5.1 Fees: Eduapps Technology Solutions Pvt Ltd may now, or in the future, charge fees for access to and use of the Website, or certain features thereof (“Fees”). You agree to pay all Fees and charges specified for such features. All Fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Website.
5.2 Payment Methods: Eduapps Technology Solutions Pvt Ltd will charge the Fee, if any, and other additional fees you authorize, to the CCAvenue, PayPal account or credit card you designate. You authorize the CCAvenue, credit card or PayPal account you designate to pay any amounts described herein and authorize Eduapps Technology Solutions Pvt Ltd, or any other company that acts as a billing agent for Eduapps Technology Solutions Pvt Ltd, to continue to attempt to charge all sums described herein to your CCAvenue, credit card or PayPal account until such Fees are paid in full. You agree to provide Eduapps Technology Solutions Pvt Ltd updated information regarding your CCAvenue, credit card and PayPal account upon Eduapps Technology Solutions Pvt Ltd’s request, and any time the information earlier provided is no longer valid. If payment is not received by Eduapps Technology Solutions Pvt Ltd from your CCAvenue, credit card issuer or PayPal, you agree to pay all amounts due upon demand by Eduapps Technology Solutions Pvt Ltd.
5.3 Changes in Price: No Refunds. Eduapps Technology Solutions Pvt Ltd may at any time, upon notice required by applicable law, change the price of the Website or any features thereof, institute new charges or fees, or charge a fee for the Website or any part thereof where a fee was not previously charged. All Fees relating to the Website, including any Fees charged for access to the Website Products & Services, are final and non-refundable.
6. Third-Party Sites, Products and Services; Links. The Website may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Eduapps Technology Solutions Pvt Ltd does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
7. Ownership: Proprietary Rights. The Website and all the products & services listed on the website are owned and operated by Eduapps Technology Solutions Pvt Ltd. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website provided by Eduapps Technology Solutions Pvt Ltd (the “Materials”) are protected by Indian copyright Act, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that are provided and owned by Users, all Materials contained on the Website are the property of Eduapps Technology Solutions Pvt Ltd or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Eduapps Technology Solutions Pvt Ltd or its affiliates and/or third-party licensors. Except as expressly authorized by Eduapps Technology Solutions Pvt Ltd, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Eduapps Technology Solutions Pvt Ltd reserves all rights to the Materials not expressly granted in the Terms.
7.1 Termination by Eduapps Technology Solutions Pvt Ltd.: You agree that Eduapps Technology Solutions Pvt Ltd, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Eduapps Technology Solutions Pvt Ltd or your use of the Website and remove and discard all or any part of your account, User profile, and any User Content, at any time. Eduapps Technology Solutions Pvt Ltd may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account You may have, or portion thereof, may be affected without prior notice, and You agree that Eduapps Technology Solutions Pvt Ltd will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Eduapps Technology Solutions Pvt Ltd may have at law or in equity. As discussed herein, Eduapps Technology Solutions Pvt Ltd does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
7.2 Termination by You. Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Eduapps Technology Solutions Pvt Ltd in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Website.
8. Disclaimers: No Warranties.
8.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Eduapps Technology Solutions Pvt Ltd, and its affiliates, partners, LICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE WEBSITE. No advice or information, whether oral or written, obtained by You from Eduapps Technology Solutions Pvt Ltd or through the Website will create any warranty not expressly stated herein. You expressly acknowledge that, as used in this Section 14, the term Eduapps Technology Solutions Pvt Ltd includes Eduapps Technology Solutions Pvt Ltd’s officers, directors, employees, shareholders, agents, licensors and subcontractors.
8.2 “As is” and “As available” and “With All Faults”. You expressly agree that use of the Website is at your sole risk. THE Website AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, User Content, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Website ARE PROVIDED on an “AS IS,” “AS AVAILABLE” AND “with all faults” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.8.3 Content: Eduapps Technology Solutions Pvt Ltd, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, User Content, FUNCTIONS, or any other information OFFERED ON or through THE WEBSITE or any reference sites WILL BE UNINTERRUPTED, or free of errors, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
8.4 Accuracy: EDUAPPS TECHNOLOGY SOLUTIONS PVT LTD, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE or any reference sites IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
8.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU use, access, DOWNLOAD, OR OTHERWISE OBTAIN information, materials, OR DATA THROUGH THE WEBSITE (INCLUDING RSS FEEDS) or any reference sites AT YOUR own DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR property (including your computer system) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD or use OF SUCH MATERIAL OR DATA.
9. Limitation of Liability and Damages.
9.1 Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL EDUAPPS TECHNOLOGY SOLUTIONS PVT LTD OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE, Products & Services or any reference sites, OR ANY OTHER INTERACTIONS WITH EDUAPPS TECHNOLOGY SOLUTIONS PVT LTD, EVEN IF EDUAPPS TECHNOLOGY SOLUTIONS PVT LTD OR A EDUAPPS TECHNOLOGY SOLUTIONS PVT LTD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, EDUAPPS TECHNOLOGY SOLUTIONS PVT LTD’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9.2 Limitation of Damages: IN NO EVENT WILL EDUAPPS TECHNOLOGY SOLUTIONS PVT LTD’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR your interaction with OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE date of the claim OR ONE HUNDRED INDIAN RUPEES, WHICHEVER IS GREATER.
9.3 Reference Sites: THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED on any reference sites or otherwise BY THIRD PARTIES OTHER THAN EDUAPPS TECHNOLOGY SOLUTIONS PVT LTD AND RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY reference sites.
9.4 Basis of the Bargain: YOU ACKNOWLEDGE AND AGREE THAT EDUAPPS TECHNOLOGY SOLUTIONS PVT LTD HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND EDUAPPS TECHNOLOGY SOLUTIONS PVT LTD, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EDUAPPS TECHNOLOGY SOLUTIONS PVT LTD. Eduapps Technology Solutions Pvt Ltd would not be able to provide the Website to You on an economically reasonable basis without these limitations.
9.5 Limitations by Applicable Law: SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. ANY LEGAL PROCEEDINGS WILL BE APPLICABLE IN THE STATE OF DELHI, PLACE OF REGISTRATION.