TERMS & CONDITIONS
IN CASE OF AN ORGANIZATION, COMPANY OR BRANCH OF GOVERNMENT, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND YOUR COMPANY OR ORGANIZATION AND YOUR COMPANY OR ORGANIZATION WILL BE BOUND BY THE OBLIGATIONS AND RESTRICTIONS OF THESE TERMS. ANY AND ALL REFERENCES HEREIN TO 'YOU' OR 'YOUR' WILL INCLUDE YOUR COMPANY OR ORGANIZATION.
IF YOU DO NOT AGREE TO THE TERMS OR DO NOT HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION OR COMPANY TO THESE TERMS, THEN DO NOT ACCESS, AVAIL, DOWNLOAD OR USE THE APP.
IT IS UNDERSTOOD THAT THIS TERMS AND CONDITIONS SHALL CONSTRUE AN AGREEMENT BETWEEN YOU AND EDUPUB.
1. About The App
· 1.1. EduINDEX is a unique mobile and desktop application or software or technology developed by EduPub that allows Users to view and use News aggregated from different sources (hereinafter referred to as 'Contents'). This App uses an intermediary and/or enabling technology that categorizes Contents from various sources and allows Users to explore, search access, view and share the Contents with third parties based on these categories.
· 2.1. Use and access to the App is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the App and shall not access or use the App. As a minor if You wish to access or use the App, such access or use may be made by Your legal guardian or parents on the App. EduPub reserves the right to terminate such use and/ or refuse to provide You with access to the App if it is brought to EduPub's notice or if it is discovered that You are under the age of 18 years.
3. Term and Termination
· 3.1. These Terms, and any posted revision, shall remain in full force and effect while you use the App and certain provisions may continue to apply even after termination. You may terminate this Agreement by uninstalling or deleting the App at any time, for any reason. EduPub may terminate this Agreement by deleting Your account or profile without assigning any reasons whatsoever. On termination of this Agreement, all of Your profile contents and other information may be deleted. However, certain details are maintained with us for archival and legal purposes. We reserve the right to change these Terms from time to time. If You do not agree to any such changes, You have the discretion to discontinue from accessing, availing or using the App. Continued access or use of the App following notice of any such changes will indicate Your acknowledgement of such changes and You will be bound by such revised Terms.
· 4.1. When You use the App or send emails or other data, information or communication to EduPub, You agree and understand that You are communicating with EduPub through electronic records and You consent to receive communications via electronic records from EduPub periodically and as and when required. EduPub may communicate with You by email provided by You in Your communications or at the time of registration or by any other mode of communication, electronic or otherwise. However, EduPub does not assure any confidentiality or security of information provided to EduPub from Your side.
5. Your License and Use of the App
· 5.1. Subject to the Terms and Conditions and Your payment of required fees, if any, EduPub hereby grants You only a limited, non-transferrable, non-exclusive, revocable license to make personal and non-commercial use of the App .
5.2. The App is licensed, not sold, to You, and EduPub retains ownership of all copies of the App even after installation on Your devices. EduPub may assign this License Agreement or any part of it without restrictions. You are not allowed to assign, transfer or sub-license Your rights under this license, to any third party.
6. Proprietary Rights In Contents
· 6.1. EduPub holds no responsibility for the materials contained in the Contents or in accuracy of the Contents accessible by use of the App by the User. You acknowledge that the App is merely an intermediary/ enabling technology that allows Users to search for Contents. In no event shall EduPub assume or have any responsibility or liability for the Contents accessible by use of the App for any claims, damages or losses resulting from the use of the Contents.
6.2. You acknowledge and concede that the Contents accessible by use of the App are the property of the relevant content providers and is subject of proprietary and other rights of such content providers including any Intellectual Property Rights. You are not permitted to distribute, download/use/access, transmit, republish, display, sell, license or otherwise communicate the Contents to the public in any manner except via the features provided in the App.
7. Activity Prohibited
· 7.1. You agree, undertake and confirm that Your use of the App shall be strictly governed by, including but not limited to the following:
i. You shall not alter or modify any part of the App and/or use the App for any illegal purpose;
ii. You shall not reformat or frame any portion of any web page that is part of the App;
iii. You shall not collect or harvest or attempt to collect personal data, or any other kind of information about other Users, including without limitation, through spidering or any form of scraping;
iv. You shall not post advertisements, promotions or solicitations of business or solicit Users or post spam or any other form of solicitation or spam; post or transmit any communication or solicitation designed or intended to obtain the password, account or private information from any other User;
v. You shall not deliberately impersonate another person, whether real or fictional or otherwise misrepresent Your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person impersonate other Users or otherwise fake Your identity;
vi. You shall not rent, sell or transfer or lease or offer to sell or transfer access to the App and/or any EduPub account or permit any third parties to use Your name and password, or any Contents on the App.
vi. You shall not rent, sell or transfer or lease or offer to sell or transfer access to the App and/or any EduPub account or permit any third parties to use Your name and password, or any Contents on the App.
vii. You shall not resell or commercially use the App or any of its Contents, or download or copy account information for the benefit of Yourself or any third-party. The App is for personal use only and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose;
viii. You shall not authorize any third party to use Your account;
ix. You shall not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation; or use the App for any illegal or unauthorized purpose; You agree to comply with all local laws applicable to Your conduct and the content and information, including hyperlinks, that You upload, store, share or transmit using the App;
x. You shall not alter or remove, attempt to alter or remove any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the App or on any Contents appearing on the App. You may 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 or other Users. You may not use any meta-tags or any other "hidden text" utilizing EduPub's name or trademarks without the express written consent of EduPub. Any unauthorized use terminates the permission or license granted by EduPub. You may not use any EduPub logo or other proprietary graphic or trademark as part of the link without EduPub's advance express written permission;
xi. You shall not employ scraping or similar techniques to aggregate, repurpose, adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit the Contents except via the features provided in the App .
xii. You shall not, permit any third party to, copy or adapt the object code of the App, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the App, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Contents;
xiii. You shall not transmit any viruses, worms, defects, Trojan horse, cancel bots, spyware, other items of a contaminating or destructive nature, 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 networks forming part of, or connected to, the App, or which does or might restrict or inhibit any other User's use and enjoyment of the App;
xiv. You shall not stalk, exploit, threaten, abuse or otherwise harass another User, or any EduPub employee;
xv. You shall not violate, circumvent or attempt to violate or circumvent any data security measures employed by EduPub; access or attempt to access data or materials which are not intended for Your use; log into, or attempt to log into, an account which You are not authorized to access; attempt to scan or test the vulnerability of EduPub's server, system or network or attempt to breach EduPub's data security or authentication procedures; attempt to interfere with the App by any means including, without limitation, hacking EduPub's servers or systems, submitting a virus, overloading, mail-bombing or crashing. insult, harass, threaten, molest or intimidate other Users;
xvi. You shall not use any robot, spider, offline readers, site search and/or retrieval application, or other device to retrieve or index any portion of the App, with the exception of public search engines; use any robot, spider, scraper or other automated means to access, analyze or copy the App and/or information (whether our information or other User's information),
xvii. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies).
xviii. You agree to comply with the above conditions and acknowledge that EduPub has the right, in its sole discretion, to terminate Your account or take action as in our sole discretion is necessary if You breach any of the above conditions or any of the other provisions of this Terms;
xix. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury; Throughout these Terms, EduPub's prior written consent means a communication coming from EduPub's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
8. Third Party Contents
· 8.1. The App may provide access to third party websites that are not owned or controlled by EduPub. EduPub is not responsible for any third-party contents, applications, services, advertisements, and/or links that may be contained in the App.
8.2. No part of the App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, downloaded or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise. EduPub shall have all the rights to take necessary action and claim damage in case of any violation. Such action may also involve terminating of the permission for User to use the App by deleting User Account.
8.3. You may use general information about the App expressly permitted, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such Contents only for Your personal, non-commercial informational purpose unless agreed otherwise through an agreement and do not copy or post such Contents on any networked computer or broadcast it in any media, (3) make no modifications to any such Contents, and (4) do not make any additional representations or warranties relating to such documents.
9. User Representations and Warranties
· 9.1. This App and the Contents under it are 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 are disclaimed. In no event shall EduPub be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; 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.
9.2. You agree that Your use of the App shall be at Your sole risk. To the fullest extent permitted by law, EduPub disclaims all warranties, express or implied, in connection with the use of the App.
9.3. EduPub makes no representations or guarantee that the App will be free from loss, destruction, damage, any unauthorized access to or use of EduPub's secure servers and/or any and all personal information and/or financial information stored therein, corruption, attack, any interruption or cessation of transmission to or from the App, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the 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 of the Content accessible via the App. EduPub does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services 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 You and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You should use Your best judgment and exercise caution, interference, personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the App, hacking, or other security intrusion, and EduPub disclaims any liability relating thereto.
9.4. EduPub makes no guarantees, representations, or warranties that use or results of the use 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 Your use of the App. In such event, EduPub will not be liable to You or any third party.
9.5. EduPub makes no guarantees, representations, or warranties that Contents accessible through the App by the User or the links provided by third parties will be free of viruses or similar contamination or destructive features. You agree that You assume all risk as to the quality and performance of the App and the accuracy and completeness of the contents.
9.6. You understand that You may encounter offensive, indecent, or other objectionable content while using the App and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the App, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized use, but by using the App You acknowledge and agree that we are not responsible for any such illegitimate use of any personal information so obtained by others.
· 11.1. THE APP, ITS FEATURES AND CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND "WITH ALL FAULTS"
11.2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the App, including payment and delivery of related products or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the App.
11.3. EduPub shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
12. Intellectual Property Rights
· 12.1. The copyright, trademark, patent or other intellectual property rights in the Contents of the App (including, without limitation, all designs, logos, names, text code, processes, data, information links) are owned by EduPub or the respective third party entities as identified in the App. No license or right is granted and Your use of and/or the App therein shall not constitute by implication, estoppel or otherwise, any license or right of use. As such, You 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 from EduPub.
12.2. You 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 Contents. In the event of infringement EduPub shall on its own sole discretion take necessary steps.
· 13.1. User hereby agrees 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 Terms. Notwithstanding its reasonable efforts, EduPub cannot take responsibility or control the contents made for access 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.
14.2. EDUPUB SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE FOR ANY DATA PROVIDED BY THE User OR ANY VIOLATION OF THIRD PARTY RIGHTS OF WHATSOEVER NATURE, ARISING OUT OF OR IN ANY MANNER RELATED TO THE USE OR INABILITY TO USE THE APP.
15. Law, Jurisdiction and Arbitration
· 15.1. The construction of these Terms shall be determined in accordance with laws and rules in force in India and shall be subject to the exclusive jurisdiction of the Courts in Bangalore and no other court.
15.2. All disputes arising under or in relation to this Terms shall 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. The arbitrator's award shall be final and undisputable by both Parties.
· 16.1. If any provision in the Terms become invalid or illegal or adjudged unenforceable, the provision shall be deemed to have been severed from the Terms and the remaining provisions of the Terms shall not, so far as possible, be affected by the severance.
· 17.1. The failure of EduPub to enforce at any time any of the provisions of this Terms 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 Your part to this Terms 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 Terms 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.
18. Force Majeure and Act of Third Parties
· 18.1. The performance of any part of this Terms 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 Your account, impersonation, fraud, misrepresentation and so on.
· 19.1. EduPub can update, modify, suspend, discontinue or change any part of these Terms from time to time The revised Terms will be posted as notification here on this link http://EduINDEX.com/privacy.htm. Users are encouraged to periodically check this page to stay informed about changes to the Terms. The revised Terms will be effective from the date stated on the revised Terms. You acknowledge and agree that it is Your responsibility to review these Terms periodically and become aware of modifications. If You disagree to any of the changes to the Terms, please refrain from accessing or using the App. Your continued access or use or availing of the App following the posting of revised Terms will indicate Your acceptance and acknowledgement of the changes and You will be bound by it.
· 20.1. These Terms, and any modifications, alterations or amendments to, shall remain in full force and effect while You use the App and the provisions related to Intellectual Property, Warranties and Indemnity shall continue to apply even after termination of this Agreement.
21. Notices and Take Down Policy
· 21.1. Notice is specifically given that EduPub is not responsible for the News Content or Advertisements accessible through the App. EduPub reserves right in its sole discretion to remove and/or disable access to News Content claimed to be a copyright infringement and/or terminate the accounts of the Users of the App who may infringe upon the copyrights or other intellectual property rights of EduPub and/or others. All notices to EduPub hereunder shall be in writing and shall be duly given if delivered personally or sent by registered mail, return receipt requested, or facsimile to the following Address or emailed to the following email id: support@EduINDEX.com
Verse' Innovation Pvt Ltd
'The Ivy', No. 692, 16th Main,
6th 'A' Cross, 3rd Block, Koramangala,
Landmark: Behind BDA Complex
Bangalore - 560034
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.