The following are the terms and conditions of accessing or using any of our websites, mobile sites, mobile app etc. (hereinafter referred as Platform. Our Registered Office is 115, Bahubali Enclave, Delhi-92)
This Policy outlines the following:
2. Your use of our platforms
3. Under 16 years of age
4. Content posted
5. Intellectual property rights
6. Our rights
8. Terms with regard to learning / preparation content and products
9. Limitation of liability
10. Territory Statement
11. Governing law and jurisdiction
12. Mobile Services
14. Shipment Policies
16. Your representation
1. Registration / Password
1.1 Although parts of our platforms may be visited by any visitor, you will need to register as a member if you wish to contribute or use any of our community features, which include sending messages, creating a user profile, connecting to other users, downloading e-books, following content and uploading images and videos etc.
1.2 To register as a member, you must confirm that you are over 16 years of age. If you are less than 16 years old, please refer Section 3 below.
1.3 You agree that any information you provide us about yourself after registration or at any other time is true, accurate, up-to-date and complete. We reserve the right to terminate your membership and access to our platform if we learn that you have provided false or misleading information.
1.4 When you register to use our platform, you will be asked to create a username and password. You agree not to divulge your password to any other person. You are responsible for maintaining the confidentiality of your password, and will be entirely responsible for all liabilities arising in connection with the use (or misuse) of your password; regardless of whether such use or misuse is with or without your knowledge or approval. If you suspect that someone else knows or is using your password, you must notify us immediately by emailing us.
1.5 If you forget your password, we have an option to reset your forgotten password, if that does not work please send us an email.
1.6 We have the absolute discretion to cancel your username/password at any time if we suspect it is being used by an unauthorized person.
2. Your use of our platform
All information, documents, software, images, photographs, text, services and other similar materials (collectively, “Materials”) contained in this platform are provided by ‘EDUMENTOR’ or its third party manufacturers, authors, developers and vendors (“Third Party Providers”) and are the copyrighted work of EDUMENTOR and/or the Third Party Providers. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of EDUMENTOR or the Third Party Provider.
No part of the Platforms, including logos, graphics, sounds or images, may be reproduced or re-transmitted in any way, or by any means, without the prior express written permission of EDUMENTOR. You also may not, without EDUMENTOR’s prior express written permission, “mirror” any Materials contained on this Platform or any other Platform.
2.1 For the purposes of these terms, “content” refers to all data, text, logos, artwork, software, documents, images, photographs and other materials you may upload to or download from our platforms, including information about yourself, and comments about your experience as a student or about your study interests (short-listed information) etc.,.
2.2 You must ensure that any content that you submit to our platforms:
Does not infringe any third party’s intellectual property rights (“intellectual property rights” refers to registered and/or unregistered copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, and all applications for such rights, anywhere in the world).
Does not breach any applicable law.
Is not defamatory, profane, sexually or racially offensive or discriminating, harassing, threatening, obscene, pornographic, false, unreliable or misleading or otherwise objectionable in our opinion.
Does not disrupt the online community on our platforms.
2.3 You agree that you will not use our platforms:
2.4 You will be for responsible for logging out from your registered account at the end of each session on our platform.
2.5 If you are a visitor, you agree not to obtain unauthorised access to areas of our platform reserved for members.
2.6 If you are aware of anything on our platform which appears to infringe these terms, you agree to contact us immediately.
3. Under 16 years of age
3.1 If you are under 18 years of age and want to become a member, you must obtain a parent or guardian’s permission before registering on our platform. You may also discuss these terms with them before obtaining their permission.
3.2 If you are a member under 16 years of age, you will need to obtain a parent or guardian’s permission before taking part in any online discussions. You should never reveal personal information about yourself, such as your address, telephone number, and school name etc., to other users.
4. Contents Posted
4.1 None of the views expressed in the user content section is the views of the EDUMENTOR team we are just providing a platform. You acknowledge that all content is the responsibility of the person who posted, emailed or otherwise provided the content to our platforms. You acknowledge that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. We are not responsible in any way for any user-managed content and if you post, email, upload or otherwise provide content, you are entirely responsible for it.
4.2 However, we operate a “take down and notice” procedure. If you believe that any content is defamatory, profane, sexually or racially offensive or discriminating, harassing, threatening, obscene, pornographic, false, unreliable or misleading or otherwise objectionable, or infringes intellectual property or other legal rights please notify us immediately by email. We will investigate each matter notified to us and will act in our sole discretion.
4.3 If you post content which is found to be in breach of these terms, we reserve the right to deactivate your username and password to prevent you from further access to our platform as a member.
Our platforms are not responsible in any manner whatsoever for how any search engine — such as Google, Bing etc — caches or displays the comments posted by you. Please note that you are solely responsible for posting these comments and it is a privilege being granted to our registered users which can be withdrawn in case of abuse.
5. Intellectual Property Rights
5.1 You agree that our platforms and all content contained in it are protected by Intellectual Property Rights that either belong to or are licensed to us.
5.2 You acquire no proprietary interest in our platforms or content provided by us or others and may not use them in any way except as expressly permitted by these terms.
5.3 You may view, print, download or temporarily store such content for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, re-transmit, distribute, publish, commercially exploit or otherwise transfer such content. You acknowledge that you will not acquire any intellectual property rights by downloading or otherwise using any such content.
5.4 By submitting content to our website:
You grant us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and communicate to the public such content; and
You authorize us to adapt such content and you agree to waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
6. Our Rights
6.1 We have the right in our absolute discretion to alter, edit, remove, suspend or refuse any content without notice, if we consider that the content is objectionable or violates these terms or for any other reason.
6.2 We may preserve or disclose the content and your personal details as well as any content to any third party if such disclosure is necessary:
6.3 We may suspend or terminate your access to our platforms at any time if you breach any of these terms.
7.1 We expressly disclaim all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.
DISCLAIMER OF WARRANTY:
‘EDUMENTOR’ expressly disclaims warranties of any kind for any use of or any access to any of its platform, to any material, information, links, or content presented on its platforms, to any external website linked thereto, and to any external material, information, links, or content linked thereto. ‘EDUMENTOR’ has no control over any external website or over any external material, information, links, and content linked to its platforms. Certain jurisdictions do not permit the exclusion of implied warranties and the foregoing exclusions of implied warranties may not apply to you. There are no guarantees and no warranties of online availability, impressions, and click-throughs. The entire risk as to the performance of, or non-performance of, or arising out of the use of, or the access of, or the lack of access to our platforms, any material, information, links, or content presented on the platforms to any external website linked thereto, or to any external material, information, links, or content linked thereto, is borne by the user, visitor, customer, or other person.
We explicitly disclaim, and will not accept any responsibility for any of the following in respect of the sites that we link to:
· Infection by computer viruses
· Damage caused by downloaded software
· Technical problems, failures and speed of operation
· Libellous or illegal material
· The quality or truth of any material, or advice that is offered
· ‘EDUMENTOR’ DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY EDUMENTOR PLATFORMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 You understand and agree that we do not guarantee the accuracy, relevancy or completeness of any information in or provided on or from our platforms. We are not responsible for any errors or omissions or for the results obtained from the use of such information. Our platform is provided for the general information of the general public.
7.3 Your use and participation in our platform and services are solely at your own risk. No advice or information, whether oral or written, obtained by you from our platform shall create any warranty not expressly made in these terms or imposed by law.
8. Terms with regard to learning / preparation content and products
a) The Company shall have the right to monitor the usage of the application / product by the user, to analyse the usage and to communicate with the user, seeking feedback, mentoring the user to enable effective and efficient usage of the application / products acquired by the users
b) The contents of the Application / products are developed on the concepts covered in the syllabus prescribed for each of the competitive exams / courses. The usage of the Application/Services/products is not endorsed as a substitution to the curriculum based education provided by the educational institutions or but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. Purchase of any product or subscription to the Application or usage of our products / services/Website does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
c) All the content, material, trademarks, software, text, script, images, graphics, videos, audio etc contained in the Website, Application, Products / services are proprietary property of the Company (“Intellectual Property”). No material from this site may by copied, downloaded, modified, reproduced, republished, distributed, uploaded, transmitted, displayed, published, posted or reverse engineered without obtaining prior written permission from EduMentor. All rights not expressly granted herein are reserved. Unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws, and could result in criminal and/or civil penalties.
d) Any material, information or other communication that the visitor transmits or posts to the website shall be treated as non-confidential and non-proprietary. We don’t take responsibility of such content. The visitor is prohibited from posting or transmitting to or from the website any threatening, libellous, defamatory, obscene, pornographic, or otherwise offensive material, or material that would violate any law or sensibility of any person.
e) In no event will EduMentor be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits and loss of programs or information) arising out of the use of or inability to use EduMentor website, or any information provided on the website, or in the Products any claim attributable to errors, omissions or other inaccuracies in the Product or interpretations thereof.
f) The User agrees to indemnify, defend and hold EduMentor harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to any misuse by the User of the content and services provided on the Site.
g) EduMentor makes no warranty that: (a) the Site will meet your requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the site or any services offered through the site will be accurate or reliable.
h) Any material, information or other communication that the visitor transmits or posts in the preparation of the Application/Website/Products/Services and contents therein, every effort has been made to offer the current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application/Website/Products/Services. Any feedback from User is most welcome to make the Application/Website/Products/Services and contents thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Products/Services for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
i) The site provides links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that EduMentor is not responsible for the availability of, and content provided on, third party websites. The User is requested to peruse the policies posted by other websites regarding privacy and other topics before use. EduMentor is not responsible for third party content accessible through the site, including opinions, advice, statements and advertisements and user shall bear all risks associated with the use of such content. EduMentor is not responsible for any loss or damage of any sort that a user may incur from dealing with any third party.
j) Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the all our products or services. Persons who are minors, undischarged insolvents etc. are not eligible to register for our products or Services. As a minor if you wish to use our products or services, such use shall be made available to you by your legal guardian or parents, who has agreed to these terms. In the event a minor utilizes the Website/Products/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of any of our products or Services that may occur by virtue of any person including a minor registering for the services/products provided. By using the products or services you warrant that all the data provided by you is accurate and complete and that student using the services/ products has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate your subscription and / or refuse to provide you with access to the products or services if it is discovered that you are under the age of 18 (eighteen) years and the consent to use the products or services is not made by your parent/legal guardian or any information provided by you is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members.
k) You will not use the application / website / products / services for commercial purposes of any kind or of any unlawful purposes or in a way that it harms the Company
9. Limitation of Liability
9.1 Except as required by law, we will not be liable for any direct losses or damages arising in contract, tort (including negligence) and for any reason.
9.2 Except as required by law, we shall not be liable for any indirect, incidental, special or consequential losses or damages or loss of profits, data, goodwill or revenue. We shall also not be liable in each case regardless of whether such losses or damages arise in the normal course of events or whether we have been advised of the possibility of such damages and whether such losses or damages arise in contact or tort (including negligence) and for any reason.
9.3 Our platforms bear no responsibility for any accident, injury or loss of life to any individual or group of people resulting from accessing the information hosted on its network of websites.
10. Territory Statement
Please do not access or use the content from a jurisdiction where such access or use would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory organisation. If you breach this provision, you will be held entirely responsible.
11. Governing law and Jurisdiction
‘EDUMENTOR’ controls and operates this Website from its headquarters in Delhi and makes no representation that the materials on the website are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Any disputes arising here from shall be subject exclusively to the jurisdiction of the courts of law at Delhi, India.
If these terms and conditions are not accepted in full, the access and use of the platform must be discontinued immediately.
12. Mobile Services
When we provide services, we want to make them easy, useful and reliable. Where services are delivered on the internet, this sometimes involves placing small amounts of information on your device, for example, computer or mobile phone. These include small files known as cookies. They cannot be used to identify you personally.
These pieces of information are used to improve services for you through, for example:
Enabling EduMentor to recognise your device so you don’t have to give the same information several times during one task and presenting you with the most relevant courses, programs, reviews and scholarships.
Recognising that you may already have given a username and password so you don’t need to do it for every web page requested, for example when enquiring to universities and colleges.
Measuring how many people are using our sites, so they can be made easier to use and there’s enough capacity to ensure they are fast.
You can manage these small files yourself and learn more about them through Internet browser cookies – what they are and how to manage them.
14. Shipment Policy
When you are purchasing products, you have to specify the address to which the shipment has to be made at the time of purchase. All products shall be shipped to the address specified at the time of placing the order. You cannot change the address after the order is processed. In case of any change in the address, you are required to make a written request prior to shipment date. Any inconsistency in name or address may result in non-delivery of the product(s).
Delivery of physical products can take up to 15 business days, depending on where you live. The delivery time mentioned on the website is approximate and delivery is subject to the courier partners. Product orders are shipped through registered domestic courier companies and/or speed post only. Company is not liable for any delay in delivery by the Postal authorities/Courier Companies and only guarantees to hand over the consignment to the Postal authorities/Courier Companies.
In case a damaged product is delivered and a return request has been raised by you, then shipping cost shall be borne by the Company. You may also choose to refuse the delivery of any product that seems to be tampered with, opened or damaged at the time of delivery. You can cancel your order online before the product has been shipped. Your entire order amount will be refunded. Unfortunately, an order cannot be cancelled once the item has been shipped or delivered to you. The products must be returned in the same condition as delivered by the Company. Any products returned showing signs of any use or damage in any manner shall not be accepted for return. All requests for return of products have to be placed within 7 (seven) days from the date of delivery. Please note that no refunds shall be claimed or will be entertained post 7 days from the date of delivery.
15. Refund / Cancellation
“Amount paid towards products purchased will neither be refunded nor adjusted under any circumstance. Our customer service team would be available to address any concerns related to the product and services rendered by us.”
If Customer is willing to cancel the order placed for which payment has been done, then such Cancellation is not allowed, and no amount will be refunded to the Customer.
For further information, please write to us at firstname.lastname@example.org or reach customer care on 7290065408
16. Your Representation
You represent that you are not a minor and that you are not under any legal or other disability which limits your ability to comply with these Terms or to install and use the products you purchase with minimal risk of harm to you or others. You further represent that you are not purchasing the products/services for resale to others without EduMentor’s written consent.