Terms of Service
Last updated
on June 12, 2017
I.
Acceptance of terms
Thank you for using
Edustoke. These Terms of Service (the "Terms") are intended to make
you aware of your legal rights and responsibilities with respect to your access
to and use of the Edustoke website at www.Edustoke.com (the
"Site") and any related mobile or software applications ("Edustoke
Platform") including but not limited to delivery of information via the
website whether existing now or in the future that link to the Terms
(collectively, the "Services").
These Terms are
effective for all existing and future Edustoke users, including but without
limitation to users having access to 'School Listing page' to manage their
claimed School listings.
Please read these
Terms carefully. By accessing or using the Edustoke Platform, you are agreeing
to these Terms and concluding a legally binding contract with Edustoke Private.
Ltd. and/or its affiliates. You may not use the Services if you do not accept
the Terms or are unable to be bound by the Terms. Your use of the Edustoke
Platform is at your own risk, including the risk that you might be exposed to
content that is objectionable, or otherwise inappropriate.
In order to use the
Services, you must first agree to the Terms. You can accept the Terms by:
Clicking to accept or agree to the Terms, where it
is made available to you by Edustoke in the user interface for any particular
Service; or
Actually using the Services. In this case, you
understand and agree that Edustoke will treat your use of the Services as
acceptance of the Terms from that point onwards.
II.
Definitions
User
"User" or
"You" or "Your" refers to you, as a user of the Services. A
user is someone who accesses or uses the Services for the purpose of sharing,
displaying, hosting, publishing, transacting, or uploading information or views
or pictures and includes other persons jointly participating in using the
Services including without limitation a user having access to 'School business
page' to manage claimed business listings or otherwise.
Content
"Content"
will include (but is not limited to) reviews, images, photos, audio, video,
location data, nearby places, and all other forms of information or data.
"Your content" or "User Content" means content that you
upload, share or transmit to, through or in connection with the Services, such
as likes, ratings, reviews, images, photos, messages, profile information, and
any other materials that you publicly display or displayed in your account
profile. "Edustoke Content" means content that Edustoke creates and
make available in connection with the Services including, but not limited to,
visual interfaces, interactive features, graphics, design, compilation,
computer code, products, software, aggregate ratings, reports and other
usage-related data in connection with activities associated with your account
and all other elements and components of the Services excluding Your Content
and Third Party Content. "Third Party Content" means content that
comes from parties other than Edustoke or its users and is available on the
Services.
School(s)
"School"
means the Schools listed on Edustoke and any related mobile or software
applications of Edustoke.
III.
Eligibility to use the services
1.
You
hereby represent and warrant that you are at least eighteen (18) years of age
or above and are fully able and competent to understand and agree the terms,
conditions, obligations, affirmations, representations, and warranties set
forth in these Terms.
2.
Compliance
with Laws. You are in compliance with all laws and regulations in the country
in which you live when you access and use the Services. You agree to use the
Services only in compliance with these Terms and applicable law, and in a
manner that does not violate our legal rights or those of any third party(ies).
IV.
Changes to the terms
Edustoke may vary
or amend or change or update these Terms, from time to time entirely at its own
discretion. You shall be responsible for checking these Terms from time to time
and ensure continued compliance with these Terms. Your use of Edustoke Platform
after any such amendment or change in the Terms shall be deemed as your express
acceptance to such amended/changed terms and you also agree to be bound by such
changed/amended Terms.
V.
Translation of the terms
Edustoke may
provide a translation of the English version of the Terms into other languages.
You understand and agree that any translation of the Terms into other languages
is only for your convenience and that the English version shall govern the
terms of your relationship with Edustoke. Furthermore, if there are any
inconsistencies between the English version of the Terms and its translated
version, the English version of the Terms shall prevail over others.
VI.
Provision of the services being offered by Edustoke
1.
Edustoke
is constantly evolving in order to provide the best possible experience and
information to its users. You acknowledge and agree that the form and nature of
the Services which Edustoke provides, may require effecting certain changes in
it, therefore, Edustoke reserves the right to suspend/cancel, or discontinue
any or all products or services at any time without notice, make modifications
and alterations in any or all of its contents, products and services contained
on the site without any prior notice.
2.
We,
the software, or the software application store that makes the software
available for download may include functionality to automatically check for
updates or upgrades to the software. Unless your device, its settings, or
computer software does not permit transmission or use of upgrades or updates,
you agree that we, or the applicable software or software application store,
may provide notice to you of the availability of such upgrades or updates and
automatically push such upgrade or update to your device or computer from
time-to-time. You may be required to install certain upgrades or updates to the
software in order to continue to access or use the Services, or portions
thereof (including upgrades or updates designed to correct issues with the
Services). Any updates or upgrades provided to you by us under the Terms shall
be considered part of the Services.
3.
You
acknowledge and agree that if Edustoke disables access to your account, you may
be prevented from accessing the Services, your account details or any files or
other content, which is contained in your account.
4.
You
acknowledge and agree that while Edustoke may not currently have set a fixed
upper limit on the number of transmissions you may send or receive through the
Services, Edustoke may set such fixed upper limits at any time, at Edustoke's
discretion.
5. By using Edustoke's Services you agree to the
following disclaimer: The Content on these Services is for informational
purposes only. Edustoke disclaims any liability for any information that may
have become outdated since the last time the particular piece of information
was updated. Edustoke reserves the right to make changes and corrections to any
part of the Content on these Services at any time without prior notice. Edustoke
does not guarantee quality of the Goods, the Fees listed against the school or
the availability of all services/facilities at any School. Unless stated
otherwise, all pictures and information contained on these Services are
believed to be owned by or licensed to Edustoke. Please email a takedown
request (by using the "Contact Us" link on the home page) to the webmaster if
you are the copyright owner of any Content on these Services and you think the
use of the above material violates Your copyright in any way. Please indicate
the exact URL of the webpage in your request. All images shown here have been
digitized by Edustoke. No other party is authorized to reproduce or republish
these digital versions in any format whatsoever without the prior written
permission of Edustoke.
6.
Edustoke
reserves the right to charge subscription and/or membership fees from a user,
by giving reasonable prior notice, in respect of any product, service or any
other aspect of the Edustoke Platform anytime in future.
7.
Edustoke
may from time to time introduce referral and/or incentive based programs for
its users (Program). These Program(s) maybe governed by their respective terms
and conditions. By participating in the Program, Users are bound by the Program
terms and conditions as well as the Edustoke Platform terms. Further, Edustoke
reserves the right to terminate / suspend the User's account and/or credits /
points earned and/or participation of the User in the Program if Edustoke
determines in its sole discretion that the User has violated the rules of the
Program and/or has been involved in activities that are in contravention of the
Program terms and/or Edustoke Platform terms or has engaged in activities which
are fraudulent / unlawful in nature. Furthermore, Edustoke reserves the right
to modify, cancel and discontinue its Program without notice to the User.
VII.
Use of services by you or user
Edustoke
User Account Including 'Claim Your Business Listing' Access
You must create an
account in order to use some of the features offered by the Services, including
without limitation to 'claim your business listing' on the Services. Use of any
personal information you provide to us during the account creation process is
governed by our Privacy Policy. You must keep your password confidential and
you are solely responsible for maintaining the confidentiality and security of
your account, all changes and updates submitted through your account, and all
activities that occur in connection with your account.
You may also be
able to register to use the Services by logging into your account with your
credentials from certain third party social networking sites (e.g., Facebook).
You confirm that you are the owner of any such social media account and that
you are entitled to disclose your social media login information to us. You
authorize us to collect your authentication information, and other information
that may be available on or through your social media account consistent with
your applicable settings and instructions.
In creating an
account and/or claiming your business' listing, you represent to us that all
information provided to us in such process is true, accurate and correct, and
that you will update your information as and when necessary in order to keep it
accurate. If you are creating an account or claiming a business listing, then
you represent to us that you are the owner or authorized agent of such
business. You may not impersonate someone else, create or use an account for
anyone other than yourself, provide an email address other than your own,
create multiple accounts or business listings except as otherwise authorized by
us, or provide or use false information to obtain access to a business' listing
on the Services that you are not legally entitled to claim. You acknowledge
that any false claiming of a business listing may cause Edustoke or third
parties to incur substantial economic damages and losses for which you may be
held liable and accountable.
You are also
responsible for all activities that occur in your account. You agree to notify
us immediately of any unauthorized use of your account in order to enable us to
take necessary corrective action. You also agree that you will not allow any
third party to use your Edustoke account for any purpose and that you will be
liable for such unauthroized access.
By creating an
account, you agree to receive certain communications in connection with Edustoke
Platform or Services. For example, you might receive comments from other Users
or other users may follow the activity to do on your account. You can opt-out
or manage your preferences regarding non-essential communications through
account settings.
Others
Terms
In order to connect
you to certain Schools, we provide value added telephony services through our
phone lines, which are displayed on the specific School listing page on the Edustoke
Platform, which connect directly to Schools' phone lines. We record all
information regarding this call including the voice recording of the
conversation between you, and the School (for internal billing tracking
purposes and customer service improvement at the School's end). If you do not
wish that your information be recorded in such a manner, please do not use the
telephone services provided by Edustoke. You explicitly agree and permit Edustoke
to record all this information when you avail the telephony services through
the Edustoke provided phone lines on the Edustoke Platform.
You agree to use
the Services only for purposes that are permitted by (a) the Terms and (b) any
applicable law, regulation or generally accepted practices or guidelines in the
relevant jurisdictions.
You agree to use
the data owned by Edustoke (as available on the Services or through any other
means like API etc.) only for personal use/purposes and not for any commercial
use (other than in accordance with 'Claim Your Business Listing' access) unless
agreed to by/with Edustoke in writing.
You agree not to
access (or attempt to access) any of the Services by any means other than the
interface that is provided by Edustoke, unless you have been specifically
allowed to do so, by way of a separate agreement with Edustoke. You
specifically agree not to access (or attempt to access) any of the Services
through any automated means (including use of scripts or web crawlers) and
shall ensure that you comply with the instructions set out in any robots.txt
file present on the Services.
You agree that you
will not engage in any activity that interferes with or disrupts the Services
(or the servers and networks which are connected to the Services). You shall
not delete or revise any material or information posted by any other User(s),
shall not engage in spamming, including but not limited to any form of
emailing, posting or messaging that is unsolicited.
VIII.
Content
Ownership
of Edustoke Content and Proprietary Rights
We are the sole and
exclusive copyright owners of the Services and our Content. We also exclusively
own the copyrights, trademarks, service marks, logos, trade names, trade dress
and other intellectual and proprietary rights throughout the world (the "IP Rights")
associated with the Services and Edustoke Content, which may be protected by
copyright, patent, trademark and other applicable intellectual property and
proprietary rights and laws. You acknowledge that the Services contain original
works and have been developed, compiled, prepared, revised, selected, and
arranged by us and others through the application of methods and standards of
judgment developed and applied through the expenditure of substantial time,
effort, and money and constitutes valuable intellectual property of us and such
others. You further acknowledge that the Services may contain information which
is designated as confidential by Edustoke and that you shall not disclose such
information without Edustoke's prior written consent.
You agree to
protect Edustoke's proprietary rights and the proprietary rights of all others
having rights in the Services during and after the term of this agreement and
to comply with all reasonable written requests made by us or our suppliers and
licensors of content or otherwise to protect their and others' contractual,
statutory, and common law rights in the Services. You acknowledge and agree
that Edustoke (or Edustoke's licensors) own all legal right, title and interest
in and to the Services, including any IP Rights which subsist in the Services
(whether those rights happen to be registered or not, and wherever in the world
those rights may exist). You further acknowledge that the Services may contain
information which is designated as confidential by Edustoke and that you shall
not disclose such information without Edustoke's prior written consent. Unless
you have agreed otherwise in writing with Edustoke, nothing in the Terms gives
you a right to use any of Edustoke's trade names, trademarks, service marks,
logos, domain names, and other distinctive brand features.
You agree not to
use any framing techniques to enclose any trademark or logo or other
proprietary information of Edustoke; or remove, conceal or obliterate any
copyright or other proprietary notice or source identifier, including without
limitation, the size, color, location or style of any proprietary mark(s). Any
infringement shall lead to appropriate legal proceedings against you at
appropriate forum for seeking all available/possible remedies under applicable
laws of the country of violation. You cannot modify, reproduce, publicly
display or exploit in any form or manner whatsoever any of the Edustoke's
Content in whole or in part except as expressly authorized by Edustoke.
To the fullest
extent permitted by applicable law, we neither warrant nor represent that your
use of materials displayed on the Services will not infringe rights of third
parties not owned by or affiliated with us. You agree to immediately notify us
upon becoming aware of any claim that the Services infringe upon any copyright
trademark, or other contractual, intellectual, statutory, or common law rights
by following the instructions contained below in section XV.
Your
License to Edustoke Content
We grant you a
personal, limited, non-exclusive and non-transferable license to access and use
the Services only as expressly permitted in these Terms. You shall not use the
Services for any illegal purpose or in any manner inconsistent with these
Terms. You may use information made available through the Services solely for
your personal, non-commercial use. You agree not to use, copy, display,
distribute, modify, broadcast, translate, reproduce, reformat, incorporate into
advertisements and other works, sell, promote, create derivative works, or in
any way exploit or allow others to exploit any of Edustoke Content in whole or
in part except as expressly authorized by us. Except as otherwise expressly
granted to you in writing, we do not grant you any other express or implied
right or license to the Services, Edustoke Content or our IP Rights.
Any violation by
you of the license provisions contained in this Section may result in the
immediate termination of your right to use the Services, as well as potential
liability for copyright and other IP Rights infringement depending on the
circumstances.
Edustoke
License to Your or User Content
By submitting Your
Content you hereby irrevocably grant Edustoke a perpetual, irrevocable,
world-wide, non-exclusive, royalty-free, sub-licensable and transferable
license and right to use Your Content (including content shared by any business
user having access to a 'School business
page' to manage claimed business listings or otherwise) and all IP Rights
therein for any purpose including API partnerships with third parties and in
any media existing now or in future. By "use" we mean use, copy, display,
distribute, modify, translate, reformat, incorporate into advertisements and
other works, promote, create derivative works, and in the case of third party
services, allow their users and others to do the same. You grant us the right
to use the name or username that you submit in connection with Your Content.
You irrevocably waive, and cause to be waived, any claims and assertions of
moral rights or attribution with respect to Your Content brought against Edustoke
or its Users, any third party services and their users.
Representations
Regarding Your or User Content
You are responsible
for Your Content. You represent and warrant that you are the sole author of,
own, or otherwise control all of the rights of Your Content or have been
granted explicit permission from the rights holder to submit Your Content; Your
Content was not copied from or based in whole or in part on any other content,
work, or website; Your Content was not submitted via the use of any automated
process such as a script bot; use of Your Content by us, third party services,
and our and any third party users will not violate or infringe any rights of
yours or any third party; Your Content is truthful and accurate; and Your
Content does not violate the Guidelines and Policies or any
applicable laws. If Your Content is a review, you represent and warrant
that you are the sole author of that review; the review reflects an actual
dining experience that you had; you were not paid or otherwise remunerated in
connection with your authoring or posting of the review; and you had no financial,
competitive, or other personal incentive to author or post a review that was
not a fair expression of your honest opinion.
You assume all
risks associated with Your Content, including anyone's reliance on its quality,
accuracy, or reliability, or any disclosure by you of information in Your
Content that makes you personally identifiable. While we reserve the right to
remove Content, we do not control actions or Content posted by our users and do
not guarantee the accuracy, integrity or quality of any Content. You
acknowledge and agree that Content posted by users and any and all liability
arising from such Content is the sole responsibility of the user who posted the
content, and not Edustoke.
Content
Removal
We reserve the
right, at any time and without prior notice, to remove, block, or disable
access to any content that we, for any reason or no reason, consider to be
objectionable, in violation of the Terms or otherwise harmful to the Services
or our users in our sole discretion. Subject to the requirements of applicable
law, we are not obligated to return any of Your Content to you under any
circumstances. Any review, which is derogatory, defamatory or hateful
or in violation of the Guidelines and
Polices and
without any substantial evidence may be taken down at our sole discretion.
Third
Party Content and Links
Some of the content
available through the Services may include or link to materials that belong to
third parties, such as third party reservation services or online food
delivery/ordering. Please note that your use of such third party services will
be governed by the terms of service and privacy policy applicable to the
corresponding third party. We may obtain business addresses, phone numbers, and
other contact information from third party vendors who obtain their data from
public sources. We have no control over, and make no representation or
endorsement regarding the accuracy, relevancy, copyright compliance, legality,
completeness, timeliness or quality of any product, services, advertisements
and other content appearing in or linked to from the Services. We do not screen
or investigate third party material before or after including it on our
Services. We reserve the right, in our sole discretion and without any
obligation, to make improvements to, or correct any error or omissions in, any
portion of the content accessible on the Services. Where appropriate, we may in
our sole discretion and without any obligation, verify any updates,
modifications, or changes to any content accessible on the Services, but shall
not be liable for any delay or inaccuracies related to such updates. You
acknowledge and agree that Edustoke is not responsible for the availability of
any such external sites or resources, and does not endorse any advertising,
products or other materials on or available from such web sites or resources.
Third party
content, including content posted by our users, does not reflect our views or
that of our parent, subsidiary, affiliate companies, branches, employees,
officers, directors, or shareholders. In addition, none of the content
available through the Services is endorsed or certified by the providers or
licensors of such third party content. We assume no responsibility or liability
for any of Your Content or any third party content. You further acknowledge and
agree that Edustoke is not liable for any loss or damage which may be incurred
by you as a result of the availability of those external sites or resources, or
as a result of any reliance placed by you on the completeness, accuracy or
existence of any advertising, products or other materials on, or available
from, such web sites or resources. Without limiting the generality of the
foregoing, we expressly disclaim any liability for any offensive, defamatory,
illegal, invasive, unfair, or infringing content provided by third parties.
User
Reviews
User reviews or
ratings for Schools do not reflect the opinion of Edustoke. Edustoke receives
multiple reviews or ratings for Schools by users, which reflect the opinions of
the Users. It is pertinent to state that each and every review posted on Edustoke
is the personal opinion of the user/reviewer only. Edustoke is a neutral
platform, which solely provides a means of communication between
users/reviewers including users or School owners/representatives with access to
School business page. The advertisements published on the Edustoke Platform are
independent of the reviews recieved by such advertisers. We are a neutral
platform and we don't arbitrate disputes, however in case if someone writes a
review that the School does not consider to be true, the best option for the School
representative would be to contact the reviewer or post a public response in
order to clear up any misunderstandings. If the School believes that any
particular user's review violates any of the Edustoke'policies, the School may
write to us at [email protected] and bring such violation to our
attention. Edustoke may remove the review in its sole discretion if review is
in violation of the Terms, or content guidelines and policies or otherwise
harmful to the Services
IX.
Content guidelines and privacy policy
Content
Guidelines
You represent that
you have read, understood and agreed to our Guidelines and Polices related to
Content
Privacy
Policy
You represent that
you have read understood and agreed to our Privacy Policy. Please note that we may disclose
information about you to third parties or government authorities if we believe
that such a disclosure is reasonably necessary to (i) take action regarding
suspected illegal activities; (ii) enforce or apply our Terms and Privacy
Policy; (iii) comply with legal process or other government inquiry, such as a
search warrant, subpoena, statute, judicial proceeding, or other legal
process/notice served on us; or (iv) protect our rights, reputation, and
property, or that of our users, affiliates, or the general public
X.
Restrictions on use
Without limiting
the generality of these Terms, in using the Services, you specifically agree
not to post or transmit any content (including review) or engage in any
activity that, in our sole discretion:
1.
Violate our Guidelines and Polices;
2.
Is harmful, threatening, abusive,
harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane,
obscene, libelous, hateful or otherwise objectionable, invasive of another's
privacy, relating or encouraging money laundering or gambling;
3.
Constitutes an inauthentic or
knowingly erroneous review, or does not address the goods and services,
atmosphere, or other attributes of the business you are reviewing.
4.
Contains material that violates the
standards of good taste or the standards of the Services;
5.
Violates any third-party right,
including, but not limited to, right of privacy, right of publicity, copyright,
trademark, patent, trade secret, or any other intellectual property or
proprietary rights;
6.
Accuses others of illegal activity,
or describes physical confrontations;
7.
Alleges any matter related to health
code violations requiring healthcare department reporting. Refer to our
Guidelines and Policies for more details about health code violations.
8.
Is illegal, or violates any federal,
state, or local law or regulation (for example, by disclosing or trading on
inside information in violation of securities law);
9.
Attempts to impersonate another
person or entity;
10.
Disguises or attempts to disguise the
origin of Your Content, including but not limited to by: (i) submitting Your
Content under a false name or false pretenses; or (ii) disguising or attempting
to disguise the IP address from which Your Content is submitted;
11.
Constitutes a form of deceptive
advertisement or causes, or is a result of, a conflict of interest;
12.
Is commercial in nature, including
but not limited to spam, surveys, contests, pyramid schemes, postings or
reviews submitted or removed in exchange for payment, postings or reviews
submitted or removed by or at the request of the business being reviewed, or
other advertising materials;
13.
Asserts or implies that Your Content
is in any way sponsored or endorsed by us;
14.
Contains material that is not in
English or, in the case of products or services provided in foreign languages,
the language relevant to such products or services;
15.
Falsely states, misrepresents, or
conceals your affiliation with another person or entity;
16.
Accesses or uses the account of
another user without permission;
17.
Distributes computer viruses or other
code, files, or programs that interrupt, destroy, or limit the functionality of
any computer software or hardware or electronic communications equipment;
18.
Interferes with, disrupts, or
destroys the functionality or use of any features of the Services or the servers
or networks connected to the Services;
19.
"Hacks" or accesses without
permission our proprietary or confidential records, records of another user, or
those of anyone else;
20.
Violates any contract or fiduciary
relationship (for example, by disclosing proprietary or confidential
information of your employer or client in breach of any employment, consulting,
or non-disclosure agreement);
21.
Decompiles, reverse engineers,
disassembles or otherwise attempts to derive source code from the Services;
22.
Removes, circumvents, disables,
damages or otherwise interferes with security-related features, or features
that enforce limitations on use of, the Services;
23.
Violates the restrictions in any
robot exclusion headers on the Services, if any, or bypasses or circumvents
other measures employed to prevent or limit access to the Services;
24.
Collects, accesses, or stores
personal information about other users of the Services;
25.
Is posted by a bot;
26.
Harms minors in any way;
27.
Threatens the unity, integrity,
defense, security or sovereignty of India or of the country of use, 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;
28.
Modifies, copies, scrapes or crawls,
displays, publishes, licenses, sells, rents, leases, lends, transfers or
otherwise commercialize any rights to the Services or Our Content; or
29.
Attempts to do any of the foregoing.
You acknowledge
that Edustoke has no obligation to monitor your - or anyone else's - access to
or use of the Services for violations of the Terms, or to review or edit any
content. However, we have the right to do so for the purpose of operating and
improving the Services (including without limitation for fraud prevention, risk
assessment, investigation and customer support purposes), to ensure your
compliance with the Terms and to comply with applicable law or the order or
requirement of legal process, a court, consent decree, administrative agency or
other governmental body
You hereby agree
and assure Edustoke that the Edustoke Platform/Services shall be used for
lawful purposes only and that you will not violate laws, regulations,
ordinances or other such requirements of any applicable Central, Federal State
or local government or international law(s). You shall not upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, junk mail, spam mail, chain letters or any other
form of solicitation, encumber or suffer to exist any lien or security interest
on the subject matter of these Terms or to make any representation or warranty
on behalf of Edustoke in any form or manner whatsoever.
Any Content
uploaded by you, shall be subject to relevant laws of India and of the country
of use and may be disabled, or and may be subject to investigation under
applicable laws. Further, if you are found to be in non-compliance with the
laws and regulations, these terms, or the privacy policy of the Edustoke
Platform, Edustoke shall have the right to immediately block your access and
usage of the Edustoke Platform and Edustoke shall have the right to remove any
non-compliant content and or comment forthwith, uploaded by you and shall
further have the right to take appropriate recourse to such remedies as would
be available to it under various statutes.
XI.
User feedback
If you share or
send any ideas, suggestions, changes or documents regarding Edustoke's existing
business ("Feedback"), you agree that (i) your Feedback does not
contain the confidential, secretive or proprietary information of third
parties, (ii) Edustoke is under no obligation of confidentiality with respect
to such Feedback, and shall be free to use the Feedback on an unrestricted
basis (iii) Edustoke may have already received similar Feedback from some other
user or it may be under consideration or in development, and (iv) By providing
the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual,
global license to use, modify, develop, publish, distribute and sublicense the
Feedback, and you irrevocably waive, against Edustoke and its users any
claims/assertions, whatsoever of any nature, with regard to such Feedback.
Please provide only
specific Feedback on Edustoke's existing products or marketing strategies; do
not include any ideas that Edustoke's policy will not permit it to accept or
consider.
Notwithstanding the
abovementioned clause, Edustoke or any of its employees do not accept or
consider unsolicited ideas, including ideas for new advertising campaigns, new
promotions, new or improved products or technologies, product enhancements,
processes, materials, marketing plans or new product names. Please do not
submit any unsolicited ideas, original creative artwork, suggestions or other
works ("Submissions") in any form to Edustoke or any of its employees. The
purpose of this policy is to avoid potential misunderstandings or disputes when
Edustoke's products or marketing strategies might seem similar to ideas
submitted to Edustoke. If, despite our request to not send us your ideas, you
still submit them, then regardless of what your letter says, the following
terms shall apply to your Submissions.
Terms of Idea
Submission
You agree that: (1)
your Submissions and their Contents will automatically become the property of Edustoke,
without any compensation to you; (2) Edustoke may use or redistribute the
Submissions and their contents for any purpose and in any way; (3) there is no
obligation for Edustoke to review the Submission; and (4) there is no
obligation to keep any Submissions confidential.
XII.
Advertising
Some of the
Services are supported by advertising revenue and may display advertisements
and promotions. These advertisements may be targeted to the content of
information stored on the Services, queries made through the Services or other
information. The manner, mode and extent of advertising by Edustoke on the
Services are subject to change without specific notice to you. In consideration
for Edustoke granting you access to and use of the Services, you agree that Edustoke
may place such advertising on the Services.
Part of the site
may contain advertising information or promotional material or other material
submitted to Edustoke by third parties or Users. Responsibility for ensuring
that material submitted for inclusion on the Edustoke Platform or mobile apps
complies with applicable international and national law is exclusively on the
party providing the information/material. Your correspondence or business
dealings with, or participation in promotions of, advertisers other than Edustoke
found on or through the Edustoke Platform and or mobile apps, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, shall be solely
between you and such advertiser. Edustoke will not be responsible or liable for
any error or omission, inaccuracy in advertising material or any loss or damage
of any sort incurred as a result of any such dealings or as a result of the
presence of such other advertiser(s) on the Edustoke Platform and mobile
application.
XIII.
Disclaimer of warranties, limitation of liability, and Indemnification
Disclaimer
of Warranties
YOU ACKNOWLEDGE AND
AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS
AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EDUSTOKE, ITS AFFILIATES AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES,
SUBSIDIARIES, AND LICENSORS ("EDUSTOKE PARTIES") DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING
MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, THE EDUSTOKE PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE
SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR
ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF
YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE EDUSTOKE PARTIES
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU
ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH
OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR
INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EDUSTOKE OR THROUGH OR FROM THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS
YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY EDUSTOKE, YOU AGREE
THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK,
TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR
INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS,
NAMES OR LOGOS.
Limitation
of Liability
TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE EDUSTOKE PARTIES BE
LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING
MOBILE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR SERVERS, (V) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES (VII) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE EDUSTOKE PARTIES ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION
PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, (IX) YOUR FAILURE TO KEEP YOUR
PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (X) LOSS OR DAMAGE WHICH
MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT
OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY
ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND
ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES. IN NO
EVENT SHALL THE EDUSTOKE PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER
CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY
LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL
OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
FURTHERMORE, UNLESS
OTHERWISE AGREED TO IN WRITING BY EDUSTOKE, THE TOTAL LIABILITY OF THE EDUSTOKE
PARTIES TO YOU FOR ANY CAUSE OF ACTION YOU TAKE AGAINST THE EDUSTOKE PARTIES
WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
Some countries and
jurisdictions do not allow the limitation or exclusion of consequential,
direct, indirect, or other damages and to the extent you are a consumer the
limitations or exclusions in this section may not apply to you.
Indemnification
You agree to
indemnify, defend, and hold harmless the Edustoke Parties from and against any
third party claims, damages (actual and/or consequential), actions, proceedings,
demands, losses, liabilities, costs and expenses (including reasonable legal
fees) suffered or reasonably incurred by us arising as a result of, or in
connection with: (i) Your Content, (ii) your unauthorized use of the Services,
or products or services included or advertised in the Services; (iii) your
access to and use of the Services; (iv) your violation of any rights of another
party; or (v) your breach of these Terms, including, but not limited to, any
infringement by you of the copyright or intellectual property rights of any
third party. We retain the exclusive right to settle, compromise and pay,
without your prior consent, any and all claims or causes of action which are
brought against us. We reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify us and you agree to cooperate with our defense of these claims. You
agree not to settle any matter in which we are named as a defendant and/or for
which you have indemnity obligations without our prior written consent. We will
use reasonable efforts to notify you of any such claim, action or proceeding
upon becoming aware of it.
XIV.
Termination of your access to the services
You can delete your
account at any time by contacting us via the "Contact Us" link at the
bottom of every page or by following this process: Go to Profile > Setting
> Security > click on the 'Delete Account' button and ceasing further use
of the Services.
We may terminate
your use of the Services and deny you access to the Services in our sole
discretion for any reason or no reason, including your: (i) violation of these
Terms; or (ii) lack of use of the Services. You agree that any termination of
your access to the Services may be affected without prior notice, and
acknowledge and agree that we may immediately deactivate or delete your account
and all related information and/or bar any further access to your account or
the Services. If you use the Services in violation of these Terms, we may, in our
sole discretion, retain all data collected from your use of the Services.
Further, you agree that we shall not be liable to you or any third party for
the discontinuation or termination of your access to the Services
XV.
General terms
Interpretation:
The section and subject headings in
these Terms are included for reference only and shall not be used to interpret
any provisions of these Terms.
Entire
Agreement and Waiver:
The Terms, together with the 'Privacy
Policy' and 'Guidelines and Policies', shall constitute the entire agreement
between you and us concerning the Services. No failure or delay by us in
exercising any right, power or privilege under the Terms shall operate as a
waiver of such right or acceptance of any variation of the Terms and nor shall
any single or partial exercise by either party of any right, power or privilege
preclude any further exercise of that right or the exercise of any other right,
power or privilege.
Severability:
If any provision of these Terms is
deemed unlawful, invalid, or unenforceable by a judicial court for any reason,
then that provision shall be deemed severed from these Terms, and the remainder
of the Terms shall continue in full force and effect.
Partnership
or Agency:
None of the provisions of these Terms
shall be deemed to constitute a partnership or agency between you and Edustoke
and you shall have no authority to bind Edustoke in any form or manner,
whatsoever.
Governing
Law/Waiver:
For Users residing
in the United States:
These Terms shall be governed in all respects by the laws of the State of
Washington as they apply to agreements entered into and to be performed
entirely within the State of Washington between Washington residents, without
regard to conflict of law provisions. You agree that any claim or dispute you
may have against Edustoke must be resolved exclusively by a state or federal
court located in the Seattle, Washington. You agree to submit to the personal
jurisdiction of the courts located within Seattle, Washington for the purpose
of litigating all Claims that arise between You and Edustoke.
For Users residing
outside the United States: These Terms shall be governed by the laws of
India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction
over any disputes arising under this agreement.
For all Users: YOU MUST COMMENCE
ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM
INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL
FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR
OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE
CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY
PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF
THAT RIGHT OR PROVISION.
Carrier
Rates may Apply:
By accessing the Services through a
mobile or other device, you may be subject to charges by your Internet or
mobile service provider, so check with them first if you are not sure, as you
will be solely responsible for any such costs incurred.
Linking
and Framing:
You may not frame the Services. You
may link to the Services, provided that you acknowledge and agree that you will
not link the Services to any website containing any inappropriate, profane,
defamatory, infringing, obscene, indecent, or unlawful topic, name, material,
or information or that violates any intellectual property, proprietary,
privacy, or publicity rights. Any violation of this provision may, in our sole
discretion, result in termination of your use of and access to the Services
effective immediately.
XVI.
Notice of copyright infringement and grievance redressal mechanism
Edustoke shall not
be liable for any infringement of copyright arising out of materials posted on
or transmitted through the Edustoke Platform, or items advertised on the Edustoke
Platform, by end users or any other third parties. We respect the intellectual
property rights of others and require those that use the Services to do the
same. We may, in appropriate circumstances and at our discretion, remove or
disable access to material on the Services that infringes upon the copyright
rights of others. We also may, in our discretion, remove or disable links or
references to an online location that contains infringing material or
infringing activity. In the event that any users of the Services repeatedly
infringe on others' copyrights, we may in our sole discretion terminate those
individuals' rights to use the Services If you believe that your copyright has
been or is being infringed upon by material found in the Services, you are
required to follow the below procedure to file a notification:
Identify in writing the copyrighted material that
you claim has been infringed upon;
Identify in writing the material on the Services
that you allege is infringing upon copyrighted material, and provide sufficient
information that reasonably identifies the location of the alleged infringing
material (for example, the user name of the alleged infringer and the business
listing it is posted under);
Include the following statement: "I have a good
faith belief that the use of the content on the Services as described above is
not authorized by the copyright owner, its agent, or law";
Include the following statement: "I swear
under penalty of perjury that the information in my notice is accurate and I am
the copyright owner or I am authorized to act on the copyright owner's
behalf";
Provide your contact information including your
address, telephone number, and e-mail address (if available);
Provide your physical or electronic
signature;
Send the written
communication to:
Grievance Redressal Officer
Edustoke Private Limited
# 35, Krishna Reddy Layout, Domlur, Bangalore-560057: Email address: [email protected]
You may be subject to liability if
you knowingly make any misrepresentations on a take-down notice.