Updated on: May 16, 2018
Effective Date: May 16, 2018
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter "You" or "Your") AND ULEKTZ LEARNING SOLUTIONS PRIVATE LIMITED (hereinafter referred to as "We", "Us", "uLektz") GOVERNING YOUR USE OF ULEKTZ SUITE OF SOFTWARE APPLICATIONS.
- Your use/access/browsing of the Application or Website or the Services or Products or registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms of Services, and Your agreement to be legally bound by the same.
- Note: If you are under the age of 18, it is mandatory that your parent or guardian has read and accepted the terms and conditions mentioned hereinabove on your behalf and by your use of the site it is deemed that you have obtained parental consent for the same. If your parent or guardian has not read and agreed to the terms and conditions, you will not have permission to use our site.
2. OWNERSHIP OF CONTENT
3. USE OF OUR SERVICES
These terms apply to all users of our "Services", whether or not You are a Registered User. Your use of our Services is solely for Your personal and non-commercial use. Any use of the "Services" or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of our "Services" shall be subjected to the following restrictions:
- You may not decompile, reverse engineer, or disassemble the contents of the "Services" or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the "Services", or remove any copyright, trademark registration, or other proprietary notices from the contents of the "Services".
- You will not (a) use the "Services" for commercial purposes of any kind, or (b) advertise or sell the Application or any products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the "Services" in any way that is unlawful, or harms "uLektz" or any other person or entity as determined by the "uLektz".
- No User of our "Services" shall be permitted to perform any of the following prohibited activities while availing our Services:
- Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
- Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- Interfering with any other person's use or enjoyment of the "Services";
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
- Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the "Services", interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
- Access or use the "Services" in any manner that could damage, disable, overburden or impair any of the Applications '/Websites ' servers or the networks connected to any of the servers on which the Applications '/Websites ' are hosted;
- Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the "Services", violate any requirements, procedures, policies or regulations of networks connected to the "Services", or engage in any activity prohibited by these Terms;
- Disrupt or interfere with the security of, or otherwise cause harm to, the "Services", materials, systems resources, or gain unauthorised access to user accounts, passwords, servers or networks connected to or accessible through the "Services" or any affiliated or linked sites;
- Interfere with, or inhibit any user from using and enjoying access to the "Services", or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the "Services";
- Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the "Services", to access, acquire, copy or monitor any portion of the "Services", or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the "Services";
- Alter or modify any part of the Services;
- Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
- Violate any of the terms specified under the Terms for the use of the "Services".
- Any violation by You of the terms may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
- When accessing our "Services" via mobile devices such as smartphones and tablets, standard network charges may apply for online connectivity.
4. REGISTERED USERS
The "Services" is open to the public but certain portions, components, content and features of the "Services" are only available to individuals and institutions who register with uLektz and create a user account on the "Services" (each, a "Registered User"). If you are a Registered User then you agree to the following:
- You must ensure that the details and information provided by You is correct, accurate and up to date. We will not be responsible for any loss or harm arising out of your failure to provide the same. We may ask you to verify the accuracy of the details and information provided by you at any point of time.
- You must take all the reasonable and necessary care to ensure that your account is operated and accessed solely by you and no one else.
- You are responsible for maintaining the confidentiality of your password and your account information, and you are solely and fully responsible for all activities that occur under your password or account and for any access to or use of the our site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
- You must immediately notify us of any unauthorised use of your password or account or any other breach of security.
- You retain ownership of any video, image, text, software, information or any content posted, uploaded or published by you on our "Services". You represent and warrant that you have the necessary right, license, authorisation or permission to post, upload or publish the same on our site and by posting, uploading or publishing the same on our site, you have authorized the company to use the same without any restrictions.
- We will not be responsible for any of comment, video, text, software, information discussion, information, content or view posted by you on our "Services".
- You retain and warrant that the information, material, comment, video, text, software, information discussion, information, content posted uploaded or published by you on our "Services" does not infringe upon the rights if third parties including but not limited to intellectual property rights, privacy or personal rights.
- We will be in no way responsible or liable with respect to any discussions, chats, information or any material posted on our "Services" by you or anyone else and we assume no liability arising from any false, misleading, defamatory, obscene, vulgar, scandalous, infringing or any material that would violate the laws of India or any other country and give rise to civil or criminal liability.
- You must not post, upload, publish, transmit, or share any Content on our "Services" or that you did not create or that you do not have permission to post.
- We have the right to store any content you post on our site, and at our discretion to make available any such content on our site, in each case indefinitely. However, we are not obliged to make available or otherwise exploit any such content. We are not responsible for any loss, theft, rights infringement or damage of any kind to or associated with any such content and you take sole responsibility for any such content that you provide to us.
- By submitting content on or through the "Services" (your "Material"), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in whole or in part, in any form, media or technology known or hereafter developed. You agree that others may use Your Material in the same way as any other content available through the "Services". Other users of the "Services" may fork, tweak and repurpose your Material in accordance with these Terms. If you delete your user account your Material and name may remain available through the "Services".
- You are prohibited from using our "Services" to advertise or perform any commercial solicitation in any manner.
- You authorise Us for contacting you (including by post, email, fax, SMS, in-app notifications, WhatsApp, web conference or telephone about "Services" (collectively "Promotional Communications"), which We think may be of your interest. You agree to hold harmless and indemnify Us and Our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits and or proceedings, as well as any and all losses, liabilities, damages, costs and expenses arising out of or relate to such Promotional Communication with you or any person on your behalf.
5. INFORMATION AND AVAILABILITY
- In the preparation of the "Services" and contents therein, every effort has been made to offer the most current, correct, complete and clearly expressed information possible. Nevertheless, inadvertent errors may occur. We make no warranty or represent the accuracy of the information that may be contained in the "Services". You are advised to verify the accuracy of any information before relying on it. Any feedback from User is most welcome to make the "Services" and contents thereof error free and user friendly. uLektz also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Further, due to the inherent nature of the internet, errors, interruptions and delays may occur in the service at any time. Accordingly, our "Services" is provided "as is" without any warranties of any kind, express or implied, and we do not accept any responsibility and liability arising from any inaccuracy or omission in the information or interruption in availability.
- Our "Services" provides Users with access to compiled educational information and related sources. Such information is provided on an As Is basis, and We assume no liability for the accuracy or completeness or use or non obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the "Services". We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the "Services" may also include links to other third-party websites. These third-party links are provided for your convenience to provide further information. They do not signify that we endorse the third-party website(s). We have no responsibility for the content of the linked third-party website(s).
- The contents of the "Services" are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the "Services" is not endorsed as a substitution to the curriculum based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. Subscription to the "Services" or usage of our "Services" does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
uLektz shall have the right, but not the obligation, to monitor the content of the "Services" that are posted, uploaded, published, or shared by the users including any chat rooms and forums, to determine compliance with these Terms, and any operating rules established by uLektz and to satisfy any law, regulation or authorized government request. uLektz shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the "Services". Without limiting the foregoing, uLektz shall have the right to remove any material that uLektz in its sole discretion, finds to be in violation of the provisions hereof, its Terms, or otherwise objectionable. Although uLektz reserves the right to remove, without notice, any posting for any reason, uLektz has no obligation to delete submissions that you may find objectionable or offensive.
uLektz has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the "Services" as it deems fit at any time without notice. uLektz makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.
You agree to defend, indemnify and hold harmless the company "uLektz", its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access of the Application/Website/Services;
- Your violation of any term of these Terms or any other policy of uLektz;
- Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or
- any claim that Your use of the Application/Website/Services has caused damage to a third party.
- In respect of all aspects of our "Services" and any other party (whether or not involved in creating, producing, maintaining or delivering our site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with our "Services" in any way or in connection with the use, inability to use or the results of use of our "Services", any websites linked to our "Services" or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our site or your downloading of any material from our site or any websites linked to our site. In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.
- You have sole responsibility for use of the products/services you purchase through our "Services". In no event shall uLektz be liable to you in relation to the products/services, or your use, misuse or inability to use the products, for either any - (i) indirect, punitive, special, exemplary, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage); or direct damages in excess of the amount you paid to uLektz for the applicable product.
10. THIRD PARTY'S INTELLECTUAL PROPERTY
- We respect the intellectual property rights of third parties and prohibit our registered users or users to post, publish or display any information or material whatsoever on our "Services",which may infringe the intellectual property of third parties. When we receive proper written notification of alleged infringement of intellectual property rights of third parties, we will promptly remove the allege infringement information or material from our "Services" and will terminate the account of the repeated infringers.
- Reference to any services, goods, products or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation or association therewith, by us.
- To maintain good business practices, we have an effective Take Down policy in place; In accordance thereto, you are encouraged to bring to our notice, any content that may be available on our website, of which you are the proprietor. We shall respond to the Take Down request as per our policy.
11. THIRD-PARTY WEBSITES AND CONTENT
Our "Services" may contain links to other websites ("Third-Party Sites") as well as applications, software, text, marks, graphics, pictures, designs, music, sound, video, articles, photographs, information, and other content or material belonging to or originating from third parties (the "Third-Party Content"). We are not responsible for such Third Party Contents and Third Party Sites. We have not checked or monitored the accuracy or completeness of the said Third Party Contents and Third Party Sites respectively. If you access or install a Third Party Contents you are doing the same at your own risk and you should read and review the respective terms and conditions thereof and our terms and conditions and privacy policies will no longer we applicable in any manner.
Our "Services" and its Materials are provided on an "As is" basis with all faults and without any warranty of an kind. uLektz hereby disclaims all warranties and conditions with regard to the "Services" and its Materials/Content including without limitation, all implied warranties and conditions of merchantability and fitness for a particular purpose, title, accuracy, timeliness, performance, completeness, suitability and non-infringement. Additionally, uLektz shall not be liable for any damages arising out of or in connection with the use or performance of our "Services". Your use of any information or materials on the "Services" is entirely at your own risk, for which we shall not be liable. It shall be Your own responsibility to ensure that "Services" provided by us meet Your specific requirements. Our "Services" may be temporarily unavailable at any point of time due to maintenance, up-gradation or any other reason. We do not claim any responsibility, liability for any omission, error deletion, defect or destruction in user communication. We are not responsible for any malfunction technical or other problem of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion in our "Services", including injury or damage to your or to any other person's computer, hardware, software or mobile phone as a result from using or downloading materials in connection with our "Services". We are not responsible or liable for any loss or damage resulting from the use of our "Services" or any Content or Third-Party Applications, Software or Content posted on or through our "Services" or transmitted to users, or any interactions between users of our site, whether online or offline.
13. APPLICABLE LAW AND JURISDICTION
The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore and You hereby accede to and accept the jurisdiction of such courts.
14. GENERAL PROVISIONS
- Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to firstname.lastname@example.org.
- Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company 's rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
- Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
- Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
- Relationship: You acknowledge that Your participation or use of our "Services", does not make You an employee or agency or partnership or joint venture or franchise of the Company.
- Feedback: Any feedback You provide with respect to our "Services" shall be deemed to be non-confidential. uLektz shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.
- Customer Care: We make all best endeavours to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at email@example.com.