EDUINDEX USER AGREEMENT
THIS AGREEMENT GRANTS A NON EXCLUSIVE AND NON TRANSFERABLE LICENSE TO DOWNLOAD, ACCESS AND USE THE EDUINDEX MOBILE OR DESKTOP APPLICATION SOFTWARE/ TECHNOLOGY (hereinafter referred to as the "App") THAT ACTS AS AN INTERMEDIARY/ ENABLING TECHNOLOGY ALLOWING USER(S) TO ACCESS NEWS CONTENTS. EDUPUB HOLDS NO RESPONSIBILITY OVER ANY OF THE CONTENT ACCESSIBLE BY USE OF THE APP BY THE USER .
PLEASE READ CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND BEFORE ACCESSING OR USING THE APPLICATION. BY DOWNLOADING, INSTALLING AND USING THE APPLICATION, USER(S) AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT. BY INSTALLING AND/OR USING THE APPLICATION, THE USER(S) CONFIRM AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF THE USER(S) DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN PLEASE DO NOT INSTALL AND/OR USE THE APP.
This User Agreement (hereinafter called "Agreement") is entered between User(s)(hereinafter called "User(s)" or "You",) AND EduPub Innovation (hereinafter referred as "EduPub").
Party shall mean either User(s) or EduPub based on the context and Parties shall mean both User(s) and EduPub respectively.
WHEREAS, EduPub owns and manages an App (defined hereinafter)which provides the User(s) access to News contents aggregated from other third party News providers;
WHEREAS, User(s) desire to access, use and avail the published News contents and related materials on the App and agree to the terms set forth in this Agreement.
NOW THEREFORE, the User(s) and EduPub hereby agree as follows:
· 1.1. "Confidential Information" shall mean any information, including but not limited to processes, methods, systems, business information, technological information, sales information, client information, which is deemed confidential by EduPub, and is disclosed to the User)s) in any manner.
1.2. "Intellectual Property" refers to any invention, creation, work, algorithm, source code, object code or other code, design, Confidential Information, Product and so on which have been acquired, or in the process of being acquired, or capable of being acquired as patent, copyright, trademark, trade secret, or any other type of Intellectual Property
1.3. "News Content(s)" refers to any and all News related content aggregated from third party News providers.
2. Terms and Conditions
· 2.1. EduPub hereby grant the User(s) a Non-Exclusive, non-transferable and limited License to (s) access and use the App on mobile phones, portable devices, or any other technology.
2.2. User(s) agree, undertake and confirm that User(s) are only permitted to use the App in accessing the News Content.
2.3. EduPub provides User(s) the option to search and select the News Content accessible through the App, but does not warrant the correctness, authenticity, or validity of the content.
2.4. The App may be accessed free of charge, or in any other manner determined by EduPub from time to time. Provided however that in order to access the latest News updates and News Contents the user(s) is required to have access to uninterrupted internet connection.
2.5. User(s) hereby agree and acknowledge that nothing contained in this Agreement constitutes an obligation on the part of EduPub to offer or provide News Contents as mentioned herein. EduPub may at its sole discretion disable access to the content without any notice.
3. Activities not permitted
· 3.1. User(s) hereby agree, undertake and confirm that use of the App shall strictly be governed by including, without limitation, the following:
3.1.1. Usage of App through its installation is permitted only in a single mobile or computer device at a time by a single user;
3.1.2. User(s) shall not download/ save the News Contents accessed through the App at any given time;
3.1.3. User(s) shall not attempt to Reverse Engineer, Decompile or Descramble or use the App in any manner to understand the process, structure or working of the App or to otherwise reduce the App to a human perceivable form;
3.1.4. User(s) shall not modify, network, rent, lease, loan, sell, distribute or create derivative works based upon the App in whole or in part. User(s) shall not at any time make the App available to multiple users through any networking, terminal access, downloading, internal time sharing or similar arrangement or otherwise;
3.1.5. User(s) shall not collect or harvest or attempt to harvest or collect personal data of other users who are using the App. User(s) shall not transmit any viruses, worms, defects, Trojan horse, cancel bots, spyware, other items of a contaminating or destructive nature, denial of service attacks, adware, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology harmful code, flood pings, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the App , or which does or might restrict or inhibit third party user's use and enjoyment of the App;
3.1.6. User(s) shall not alter or remove, attempt to alter or remove any trademark, copyright or any other proprietary or legal notices contained in, or appearing on, the App or any other contents appearing on the App. User(s) shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, music, text, page layout, or form) of EduPub and our affiliates. User(s) may not use any meta-tags or any other "hidden text" utilizing EduPub's name or trademarks;
· 4.1. User(s) hereby agree, undertake and confirm that all right, title and interest in the App is retained with EduPub and that this Agreement only licenses usage of App by the User(s) subject to the terms and conditions of the Agreement. User(s) hereby confirm that this Agreement does not amount to transfer of any proprietary property by EduPub to the User, and that all right, title, and interest in the property continues to vest with EduPub.
5. Intellectual Property
· 5.1 The copyright, trademark, patent or other intellectual property rights in the contents of the App (including, without limitation, all designs, logos, names, text, sound recordings, music, images, graphics, video and links) are owned by EduPub or the respective third party entities as identified on the App. No license or right is granted and use of the App by User(s) therein shall not constitute by implication, estoppel or otherwise, any license or right of use. As such, User(s) shall not reproduce, transmit, republish, upload, post, perform, broadcast, adapt, parody, distribute, display, license and/or alter in whole or in part any of the foregoing in any manner without the express permission of EduPub.
5.2 User(s) shall not download or encourage others to download copyrighted works, trademarks, or other proprietary information without obtaining the prior written consent of the owner of the Intellectual Property. In the event of infringement, EduPub may on its own sole discretion to take necessary steps to remedy the same.
· 6.1. User(s) hereby agree that User(s) shall not disclose any confidential information to any third party about the App or EduPub which User(s) have come into possession by virtue of downloading, installing, accessing or using the App, or in any other manner. User also agrees that in any event, if such confidential information is disclosed by User(s) in violation of this Agreement, EduPub may on its own sole discretion, terminate this Agreement by deleting the Accounts of the User(s), without any notice to User(s) or to take any other legal measure which is considered reasonable and legitimate.
6.2. In the event the User(s) are aware that the Confidential Information is passed to any third party, User(s) shall immediately inform EduPub regarding the same.
7. Representations and Warranties
· 7.1. The App and information on it is provided by EduPub as is" and on an "as available" basis and EduPub, its officers, directors, employees, and agents make no warranties and hereby disclaim any express or implied warranties, including, but not limited to, the implied warranties (collectively, "warranties") of merchantability and fitness for a particular purpose. In no event shall EduPub be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this App, even if advised of the possibility of such damage.
7.2. The contents accessible by use of the App by the User(s) include materials that belong to third parties. User(s) acknowledge that EduPub assumes no responsibility for such contents.
7.3. EduPub makes no representations or guarantees that the App will be free from any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our App by any third party, and/or 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 contents accessed by the User through the App.
7.4. EduPub does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the use of the App or any hyperlinked services or featured in any banner or other advertising, and EduPub will not be a party to or in any way be responsible for monitoring any transaction between User(s) and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, User(s) should use best judgment and exercise caution, interference, personal injury or property damage, of any nature whatsoever, resulting from the access to and use of the App, hacking, or other security intrusion by User(s), and EduPub disclaims any liability relating thereto.
7.5. EduPub makes no guarantees, representations, or warranties that use or results of the App will be accurate, timely, reliable, uninterrupted, or without errors. Without prior notice, EduPub may modify, suspend, or discontinue any part or all of the App or use of the App by User(s). In such event, EduPub will not be liable to User(s) or any third party.
7.6. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDUPUB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE APP AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF EDUPUB.
8. Advertisements & Third Party Content
· 8.1. User(s) hereby agree, undertake and confirm to receive advertisements through use of this App.
8.2. EduPub may provide access to third party websites on its App. EduPub is not responsible for any third-party contents, including but not limited to texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork or applications, services, advertisements, and/or links that may be contained in the App.
10. Governing Law, Jurisdiction And Arbitration
· 10.1. The Agreement shall be governed by the laws for the time being in force in the territory of India and the Courts in Bangalore alone shall have exclusive jurisdiction on the matters concerning this Agreement.
10.2. All disputes arising under or in relation to this Agreement may be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the [Indian] Arbitration and Conciliation Act, 1996 (the "Act") the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed there under and the place of Arbitration shall be Bangalore. The arbitration proceedings shall be conducted in English.
11. Term & Termination
· 11.1. This Agreement shall commence on the date the User installs and accepts the agreement and shall remain in full force and effect while User uses and access the App;
11.2. User has the right, in his sole discretion, to terminate this Agreement by deleting or uninstalling the App;
11.3. User hereby agrees that EduPub reserves the right, in its sole discretion, to terminate this Agreement by deleting the User Account of the User, without any notice to User, for any reason that may also include violation of any terms of the Agreement by the User.
11.4. On termination of User account, any and all user contents, information existing in User account or any and all activity from the User account shall be irretrievably deleted. However, certain details shall be maintained with EduPub for archival and legal purposes.
11.5. Both the Parties hereby agree, undertake and confirm that Provisions relating to Intellectual Property and Confidentiality shall survive the expiration or termination of the Agreement.
· 12.1 THE APP, AND ALL NEWS CONTENTS ACCESSED THROUGH THE APP, , ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS".
12.2 THE APP AND ALL NEWS CONTENTS ACCESSED BY THE USER(S) THROUGH THE APP, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS".
· 13.1. User(s) hereby agree to indemnify, defend and hold EduPub, (including all its officers, directors and employees) harmless from and against any and all damages, liabilities, costs and expenses, including attorney's fees and expenses, arising out of, incident to, or resulting directly or indirectly from the use of the App in a manner inconsistent with this Agreement. Notwithstanding its reasonable efforts, EduPub cannot take responsibility or control the News Contents accessed by the Users through the App.
14. No Liability
· 14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDUPUB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE APP AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF EDUPUB.
· 15.1. If any provision in this Agreement becomes invalid or illegal or adjudged unenforceable, the provision shall be deemed to have been severed from this Agreement and the remaining provisions of this Agreement shall not, so far as possible, be affected by the severance.
· 16.1. The failure of EduPub to enforce at any time any of the provisions of this Agreement shall not be construed to be a waiver of its right, power, privilege or remedy or as a waiver of any preceding or succeeding breach on User(s)' part to this Agreement nor shall any single or partial exercise of any right power privilege or remedy preclude any other or further exercise of such or any other right power privilege or remedy provided in this Agreement all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to EduPub at law or in equity.
17. Force Majeure And Act Of Third Parties
· 17.1 The performance of any part of this agreement by EduPub shall be excused to the extent that such performance is hindered, delayed, or made impractical by flood, fire, war, or riot or any other cause beyond the reasonable control of EduPub or act of any third party beyond the control of EduPub including but not limited to hacking, data theft, unauthorised access to User account, impersonation, fraud, misrepresentation and so on.
Edupedia Publications Pvt Ltd
Contact : firstname.lastname@example.org
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
I have read and understood the Terms and Conditions and I hereby, out of my free will, unconditionally accept to be bound by the same.