https://e-guideindia.com / App ( E-Guide ) is an online portal / App,
owned by E Academy India, Nashik
incorporated in India, for imparting education in relation to
preparation of e-learning for School’s
& college’s educational syllabus and
personality development guidance through digital modules.
1.
General
https://e-guideindia.com and the mobile learning application ( App) in
is owned and operated by E Academy
India , a company incorporated under the Companies Act, having its registered
office at F-15, Indira Nagar Annex, Indiranagar, Nashik 422010, Maharashtra,
India
You are
advised to read and understand these Terms carefully as your
use/access/browsing of the Application( App ) and/or Website ( https://e-guideindia.com ) or
any service in relation to the usage of the Application/Website and/or any Courses
provided by the Company in relation to the online usage of the Application/Website,
including SD cards, tablets or other storage or transmitting device
(“Product(s)) and/or registration pertaining to subscription for the Application,
with or without payment/with or without subscription, (“Subscription”) through
any means shall signify Your acceptance of the Terms and Your agreement to be
legally bound by the same. These terms and conditions (“Terms of Use”) shall
also apply to the Subscriptions with the package of any Courses / Product
provided by E Academy India These terms are to be read along with the Privacy
Policy and any other policies on the Website. This document is an electronic
record published in accordance with the provisions of the Information
Technology (Intermediaries guidelines) Rules, 2011 that require publishing the
Rules and Regulations, Privacy Policy and Terms of Service for access or usage
of the website and being generated by a computer system, it does not require
any physical or digital signatures. For the purpose of these Terms of Use, along
with any amendments to the same, and wherever the context so requires “You”,
“Your” or “User” refer to the person visiting, accessing, browsing through
and/or using the Website/Application or using the Services or Products, at any
point in time. The term “We”, “Us”, “Our” shall mean and refer to the Website
and/or the Company, depending on the context. The headings of each section in
this Agreement are only for the purpose of organising the various provisions
under this Agreement in an orderly manner. These headings shall not be used by
either party to interpret the provisions contained under them in any manner.
Further, the headings have no legal or contractual value. We hold the sole
right to modify the Terms of Service without prior permission from You or
providing notice to You. The relationship creates on You a duty to periodically
check the Terms of Service and stay updated on its requirements. If You
continue to use the Website or avail any of its services without registration,
following such change, this is deemed as consent by You to the so amended
policies. Your continued use of the Website is conditioned upon your compliance
with the Terms of Service, including but not limited to compliance with the
Terms of Service even after alterations, if any.
2.
Services and Tablet Overview
The Website/Application is an online platform where users can gain access to materials that help them prepare for subjects such as English, science and mathematics. The User can register themselves online and then gain access to the syllabus, Videos, etc. (“Study Material”) after paying the money for the Study Material. The Study Materials shall be unlocked based on the amount paid for such Study Material. The Users shall make a yearly subscription for the Study Material from the platform.
The Company shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or any other instrument, including loss of data or effect on the processing speed, resulting from Your use of our Products and Services.
The User must specify the address at the time of purchase of the Service and the Product. All Product(s) shall be available to use online on website and App after payment paid. Courses / Products will not be delivered physically to you
You agree that the E Academy India will not provide you any product /hardware like any tablet/Mobile/PC/ Laptop / or any hardware after purchasing the course online.
Once an order is booked after payment no subsequent refund / return request shall be accepted by the Company or any of its distributor(s).
3.
Registration
To use
the services provided on the website / App and make purchases, it is compulsory
to create an account. A User may create an account on the Website / App which
shall collect only Your basic information. To create an account, you need to
choose a username and password. You also have the option of linking your social
media accounts, such as Your Facebook or Instagram or Google with the E Academy India account, to create your E Academy Account. You must keep your account and
registration details current and correct for communications related to your
purchases from the Website.
At the time of registration, the
Company shall collect the following personally identifiable information about
you: Name - including first and last name, email address, mobile phone number
and other contact details, demographic profile (like your age, gender, address,
etc.,). If you choose to link your social media account with E Academy India
Account, we collect basic information about you from those social media
platforms, such as: name, age, gender, location and e-mail address. Information
collected about you is subject to the Privacy Policy of the Company, which may
be read as part and parcel of these Terms of Use.
You are solely responsible for
protecting the confidentiality of your username and password and any activity
under the account will be deemed to have been done by you. In the event you
provide us with false/inaccurate details, or the Company has a reasonable
ground to believe that false and inaccurate information has been furnished, we
hold the right to permanently suspend your account.
4.
Eligibility
Services
on the website https://e-guideindia.com/ would be available to only select geographies
in India.
E Academy India reserves the right to
terminate or refuse your registration, or refuse to permit access to the website
5.
Security
Transactions
on the Website / App are secure and protected. Any information entered by the
User when transacting on the Website is encrypted to protect the User against
unintentional disclosure to third parties. The User’s credit and debit card
information is not received, stored by or retained by the Company / Website in
any manner. This information is supplied by the User directly to the relevant
payment gateway, which is authorized to handle the information provided, and is
compliant with the regulations and requirements of various banks and
institutions and payment franchisees that it is associated with.
6.
License and Access
The
Company grants you a limited sub-license to access and make personal use of the
website Site, but not to download (other than page caching) or modify it, or
any portion of it, except with express written consent of the Company. Such
limited sub- license does not include/permit any resale or commercial use of
the Site or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of the Site or its contents; any
downloading or copying of information for the benefit of another merchant; or
any use of data mining, robots, or similar data gathering and extraction tools.
Any portion of the Site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without
express written consent of the Company. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of the Website or of the Company
and/or its affiliates without the express written consent of the Company. You
may not use any meta tags or any other “hidden text” utilizing the Company’s
name or trademarks without the express written consent of the Company. You
shall not attempt to gain unauthorized access to any portion or feature of the
Site, or any other systems or networks connected to the Site or to any server,
computer, network, or to any of the services offered on or through the Site, by
hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to
host, display, upload, modify, publish, transmit, update or share any
information which:
7. Communications
By
using this Website, it is deemed that
you have consented to receiving calls, auto dialed and/or pre-recorded message
calls, e-mails, from Us at any time with the use of the telephone number and
e-mail address that has been provided by you for the use of this website which
are subject to the Privacy Policy. The user agrees to receive promotional
communication and news letters from the Company and its partners.
This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMSs from us at any time, we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters either by unsubscribing on the Website itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to customercare@e-guideindia.com
You may also be contacted by Service
Providers with whom we have entered a contract in furtherance of our rights,
duties and obligations under this document and all other policies followed by us.
Such contact will be made only in pursuance of such objectives, and no other
calls will be made.
The sharing of the information provided
by you will be governed by the Privacy Policy and We will not give out such
contact information of yours to third parties not connected with the Website.
8.
Payment
The
following payment options are available on the Application:
As prescribed by the financial
institutions issuing the credit or debit cards affiliated with Visa / Master
Card, the User will be required to submit his/her 16-digit card number, card
expiry date and 3-digit CVV number (usually on the reverse of the card) while
making an online transaction. The User must also have enrolled his/her card
with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other
applicable provider in order to complete the transaction. The User is hereby
expressly made aware that his/her card statements will reflect that a payment
has been made in favour of the Company.
The User is further aware that in case
of third party statements, including bank and credit card statements, the
merchant name may appear in an abbreviated format, and the Company has no
control over the same. To successfully subscribe on the Website, the User is
required to complete the transaction by making the payment for the services
opted for.
9. User
Obligations
You are a restricted user of this
website.
You shall not engage in advertising to,
or in solicitation of, other Users of the Website/App to buy or sell any
products or services, including, but not limited to, products or services
related to that being displayed on the Website/App or related to us. You may
not transmit any chain letters or unsolicited commercial or junk email to other
Users via the Website/App. It shall be a violation of these Terms of Service to
use any information obtained from the Website in order to harass, abuse, or
harm another person, or in order to contact, advertise to, solicit, or sell to
another person other than us without Our prior explicit consent. 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 it necessary or appropriate in connection with the investigation and/or
resolution of possible crimes, especially those that may involve personal
injury. In order to protect Our Users from such advertising or solicitation, We
reserve the right to restrict the number of messages or emails which a user may
send to other Users in any 24-hour period which We deem appropriate in our sole
discretion. 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 the Website/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 or
subpoena.
We have no obligation to monitor the
materials posted on the Website/App. We shall have the right to remove or edit
any content that in its sole discretion violates, or is alleged to violate, any
applicable law or either the spirit or letter of these Terms of Service.
Notwithstanding this right, YOU REMAIN SOLELYRESPONSIBLE FOR THE CONTENT OF THE
MATERIALS YOU POST ON THE WEBSITE ANDIN YOUR PRIVATE MESSAGES. In no event
shall We assume or have any responsibility or liability for any Content posted
or for any claims, damages or losses resulting from the use of Content and/or
appearance of Content on the Website. You hereby represent and warrant that You
have all necessary rights in and to all Content which You provide and all
information it contains and that such Content shall not infringe any
proprietary or other rights of third parties or contain any libelous, tortuous,
or otherwise unlawful information.
10.
Copyright and Trademark
The
Company, its suppliers and licensors expressly reserve all intellectual
property rights in all text, programs, products, processes, technology, images,
content and other materials which appear on the Website/ App. Access to or use
of the Site does not confer and should not be considered as conferring upon
anyone any license to the Company or any third party’s intellectual property
rights. All rights, including copyright, in and to the Website/App are owned by
or licensed to the Company. Any use of the Site or its contents, including copying
or storing it or them in whole or part is prohibited without the permission of
the Company.
You may not modify, distribute or
re-post anything on the Site for any purpose. The names and logos and all
related product and service names, design marks and slogans are the
trademarks/service marks of the Company, its affiliates, its partners or its
suppliers/service providers. All other marks are the property of their
respective owners. No trademark or service mark license is granted in
connection with the materials contained on the Website/ App. Access to or use
of the Site does not authorize anyone to use any name, logo or mark in any
manner. References on the Site to any names, marks, products or services of
third parties or hypertext links to third party sites or information are
provided solely as a convenience to you and do noting any way constitute or
imply the Company’s endorsement, sponsorship or recommendation of the third
party, the information, its product or services.
The Company is not responsible for the
content of any third-party sites and does not make any representations
regarding the content or accuracy of material on such sites. If you decide to
access a link of any third party websites, you do so entirely at your own risk
and expense.
11.
Disclaimer of Warranties and Liabilities
You
expressly understand and agree that, to the maximum extent permitted by
applicable law:
The website, services and other
materials are provided by this website/App is on an "as is" basis
without warranty of any kind, express, implied, statutory or otherwise,
including the implied warranties of title, non-infringement, merchantability or
fitness for a particular purpose. Without limiting the foregoing, E Academy
India makes no warranty that
To the maximum extent permitted by
applicable law, we will have no liability related to user content arising under
intellectual property rights, libel, privacy, publicity, obscenity or other
laws. E Academy India also disclaims all liability with respect to the misuse,
loss, modification or unavailability of any user content.
The user understands and agrees that
any material or data downloaded or otherwise obtained through the website is
done entirely at his/her own discretion and risk and he/she will be solely
responsible for any damage to his/her computer systems or loss of data that
results from the download of such material or data. We are not responsible for
any typographical error leading to an invalid coupon. E Academy India accepts
no liability for any errors or omissions, with respect to any information
provided to you whether on behalf of itself or third parties.
We shall not be liable for any third-party
product or services. The advertisement available on e-mail or website with
respect to the third party website or the products and services are for
information purpose only.
12.
Indemnification and Limitation of Liability
You agree
to indemnify, defend and hold harmless this website/App/ company including but
not limited to its affiliate vendors, agents and employees from and against any
and all losses, liabilities, claims, damages, demands, costs and expenses
(including legal fees and disbursements in connection therewith and interest
chargeable thereon) asserted against or incurred by us that arise out of,
result from, or may be payable by virtue of, any breach or non-performance of
any representation, warranty, covenant or agreement made or obligation to be
performed by you pursuant to these terms of service. Further, you agree to hold
us harmless against any claims made by any third party due to, or arising out
of, or in connection with, your use of the website, any claim that your
material caused damage to a third party, your violation of the terms of
service, or your violation of any rights of another, including any intellectual
property rights.
In no event shall E Academy India , its
officers, directors, employees, partners or suppliers be liable to you, the
vendor or any third party for any special, incidental, indirect, consequential
or punitive damages whatsoever, including those resulting from loss of use,
data or profits, whether or not foreseeable or whether or not we have been
advised of the possibility of such damages, or based on any theory of
liability, including breach of contract or warranty, negligence or other
tortious action, or any other claim arising out of or in connection with your
use of or access to the Website, Products, Services or materials.
The limitations and exclusions in this
section apply to the maximum extent permitted by applicable law.
13.
Termination
This user Agreement is effective unless
and until terminated by either you or the Company. You may terminate this User
Agreement at any time, provided that you discontinue any further use of the
Website/App. The Company may terminate this User Agreement at any time and may
do so immediately without notice, and accordingly deny you access to the Site.
Such termination will be without any
liability to the Company. The Company’s right to any Comment sand to be
indemnified pursuant to the terms hereof, shall survive any termination of this
User Agreement. Any such termination of the User Agreement shall not cancel
your obligation to pay for product(s) already ordered from the Site or affect
any liability that may have arisen under the User Agreement prior to the date
of termination.
14.
Hosting of Third Party Information
The
website hosts information provided by third parties. We are in no manner
responsible to you for the accuracy, legitimacy and trueness of the information
so hosted. We take reasonable care to ensure such accuracy but we are not
responsible for the information so furnished. You agree to not hold us liable
for the falsification of any such provided information.
15.
Disputes and Jurisdiction
All
disputes involving but not limited to rights conferred, compensation, refunds,
and other claims will be resolved through a two-step Alternate Dispute
Resolution mechanism.
16.
Privacy
We
encourage you to read the Privacy Policy and to use the information it contains
to make informed decisions regarding Your personal information. Please also
note that certain information, statements, data and content (such as but not
limited to photographs) which You provide on the Website are likely to reveal
Your gender, ethnic origin, nationality, age, and/or other personal information
about You. You acknowledge and agree that your submission of such information
is voluntary on Your part. Further, You acknowledge, consent and agree that we
may access, preserve, and disclose information You provide to us at any stage
during Your use of the Website/App. Disclosures of information to Third Parties
are further addressed in Our Privacy Policy.
17.
Sales App for Counsellors
E
Academy India counsellors are provided with E Academy India Sales e-Guide App.
Use of E Academy India Sales App is restricted to approved agents only. Calls
made via the Sales App are recorded for quality and training purpose.
18.
Miscellaneous Provisions
19.
Contact Us
If you
have any questions about this Agreement, the practices of E Academy India, or
your experience with the Service, you can e-mail us at customercare@e-guideindia.com
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