Terms and Conditions
Effective date: July 1, 2013
Thank you for visiting http://www.1ghar.org (the "Site") owned and operated by Edukul
Solutions Private Limited, India. Your use of the Site indicates that you have read,
understood and agree to these terms of use ("Terms"). If you do not agree to these
Terms, you may not access or use the Site. We may modify the Terms from time to
time without notice to you. The provisions contained herein supersede all previous
notices or statements regarding our Terms with respect to this Site. We encourage
you to check our Site frequently to see the current Terms in effect and any changes
that may have been made to them. By using the Site following any modifications to
the Terms, you agree to be bound by such modifications.
USE OF THE SITE
Edukul Solutions Private Limited provides you with access to and use of the Site
subject to your compliance with the Terms and the Site's Privacy Policy. No material
from the Site may be copied, reproduced, republished, uploaded, posted, transmitted
or distributed in any way, except for as specifically allowed in the Site. The Site,
including all of its contents, such as text, images, programming logic and the HTML
used to generate the pages ("Materials"), are our property or that of our clients,
suppliers, partners, or licensors and are protected by patent, trademark and/or
copyright under India, United States and/or other International laws. Except as
otherwise provided herein, you may not use, download, upload, copy, print, display,
perform, reproduce, publish, modify, delete, add to, license, post, transmit, or
distribute any Materials from this Site in whole or in part, for any private, public
or commercial purpose without our specific written permission. We grant you a personal,
non-exclusive, non-transferable license to access the Site and to use the information
and services contained here.
YOUR ACCOUNT AND ACCESS
Some portions of the Site are available to the general public, but registration
is required to access all portions of the Site and to use our services. The Site
is available to users 13 years and older and who have not been suspended or removed
by Edukul Solutions Private Limited for any reason. Purchase of our services is
limited to registered users 18 years and older, including parents or guardians or
teachers/counsellors of users under the age of 18. By registering on or logging
into the Site you represent that you meet the requirements for use of the Site.
In consideration of your use of the Site, during registration and at all times you
must voluntarily enter information into your account; you agree to give truthful,
accurate, current and complete information about yourself. We reserve the right
to revoke your account or refuse service as our sole discretion for any reason at
any time including as a result of a violation of these Terms of Use, without notice.
Accounts are void where prohibited by law.
RULES AND LIMITS ON AND MODIFICATIONS TO THE SITE
We reserve the right, for any reason, in our sole discretion and without notice
to you, to terminate, change, suspend or discontinue any aspect of the Site, including,
but not limited to, information, products, data, text, music, sound, photographs,
graphics, video, messages or other materials ("Content"), features and/or hours
of availability, and we will not be liable to you or to any third party for doing
so. We may also impose rules for and limits on use of the Site or restrict your
access to part, or all, of the Site without notice or penalty. We have the right
to change these rules and/or limitations at any time, in our sole discretion.
PROHIBITED USES
Site may be used only for lawful purposes by individuals using authorized services
of Edukul Solutions Private Limited. You are responsible for your own communications,
including the upload, download, transmission and posting of information, and are
responsible for the consequences of their posting on or through the Site. Edukul
Solutions Private Limited specifically prohibits any use of the Site, and requires
all users to agree not to use the Site, for any of the following:
a. Posting any information which is incomplete, false, inaccurate or not your own;
b. Impersonating another person;
c. Copying, sharing, or otherwise distributing Edukul Solutions Private Limited’s
Materials to any individuals who are not registered on the Site in any fashion or
by any means including by printing, emailing, taking screenshots, or any other means;
d. Constituting or encouraging conduct that would constitute a criminal offense,
giving rise to civil liability or otherwise violate any city, state, national or
international law or regulation or which fails to comply with accepted Internet
protocol;
e. Posting material that is copyrighted or otherwise owned by a third party unless
you are the copyright owner or have the permission of the owner to post it;
f. Posting material that reveals trade secrets, unless you own them or have the
permission of the owner;
g. Posting material that infringes on any other intellectual property, privacy or
publicity right of another;
h. Attempting to interfere in any way with the Site's or Edukul Solutions Private
Limited networks or network security, or attempting to use the Site's service to
gain unauthorized access to any other computer system.
SECURITY RULES
Violations of system or network security may result in legal liability. We will
investigate occurrences and may involve, and cooperate with, law enforcement authorities
in prosecuting the user or users who are involved in such violations. You are prohibited
from violating or attempting to violate the security of the Site, including, without
limitation, the following:
a. Accessing data not intended for you or logging into a server or account which
you are not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including,
without limitation, via means of submitting a virus, worm, Trojan Horse or other
harmful code to the Site, overloading, "flooding", "mailbombing" or "crashing";
or sending unsolicited e-mail, including promotions and/or advertising of products
or services, or
d. Forging any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting.
USER SUBMITTED CONTENT
You are responsible for any User Content you post to the site. By "User Content"
we mean any content you post to the site, which may include reviews, comments, image
uploading, captions, participating in forums, and other such features that allow
you to add content to the site. We are not responsible for the personally identifiable
or other information you choose to submit as User Content and we reserve the right
to remove any User Content generated by any user at our sole discretion. You understand
that once you post User Content, your content becomes public. We are not responsible
for keeping any User Content confidential so if you do not want anyone to read or
see that content, do not submit or post it to the Site.
If we allow you to upload User Content, you may not provide User Content that you
do not have the right to submit, unless you have the owner's permission; this includes
material covered by someone else's copyright, patent, trade secret, privacy, publicity,
or any other proprietary right; forge headers or manipulate other identifiers in
order to disguise the origin of any User Content you provide; provide any User Content
that contains lies, falsehoods or misrepresentations that could damage us or anyone
else; provide User Content that is illegal, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or encourage
conduct that would be considered a criminal offense, give rise to civil liability,
violate any law, or is otherwise inappropriate; impersonate anyone else or lie about
your affiliation with another person or entity in your User Content; use meta tags
or any other "hidden text" utilizing any of our or our suppliers' product names
or trademarks in your User Content; or provide User Content which disparage us or
our vendors, partners, contractors, galleries, artists, institutions, distributers,
representatives and affiliates. Except as otherwise specifically provided, if you
post content or submit material to the Site, you grant us a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display
such content throughout the world in any media.
You represent and warrant that you own or otherwise control all of the rights to
the content that you post; that the content is accurate; that use of the content
you supply does not violate these Terms or any law or regulation; and the content
will not cause injury to us or any person or any legal entity. We have the right
but not the obligation to monitor and edit or remove any activity or content. User
Content comes from a variety of sources. We do not endorse, or support any views,
opinions, recommendations, or advice that may be in User Content, nor do we vouch
for its accuracy or its reliability, usefulness, safety or intellectual property
rights of any User Content. We take no responsibility and assume no liability for
any User Content posted by you or any third party.
PRIVACY POLICY; USER INFORMATION
In the course of your use of the Site, you may be asked to provide certain information
to us. Our use of any information you provide via the Site shall be governed by
our Privacy Policy available at http://www.1ghar.org/Legal.html. We urge you to
read our Privacy Policy. You acknowledge and agree that you are solely responsible
for the accuracy and content of such information.
INTERNATIONAL USE
We control and operate the Site from our offices in India, and all information is
processed within India. We do not represent that Materials on the Site are appropriate
or available for use in other locations. Persons who choose to access the Site from
other locations do so on their own initiative, and are responsible for compliance
with local laws, if and to the extent local laws are applicable. You agree to comply
with all applicable laws, rules and regulations in connection with your use of the
Site. Without limiting the generality of the foregoing, you agree to comply with
all applicable laws regarding the transmission of technical data exported from India
or the country in which you reside.
PROPRIETARY RIGHTS
As between you and Edukul Solutions Private Limited (or other company whose marks
appear on the Site), Edukul Solutions Private Limited (or the respective company)
is the owner and/or authorized user of any trademark, registered trademark and/or
service mark appearing on the Site, and is the copyright owner or licensee of the
Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license
to any Content, features or materials you may access on the Site and you may not
modify, rent, lease, loan, sell, distribute or create derivative works of such Content,
features or materials, in whole or in part. Any commercial and/or non-commercial
use of the Site is strictly prohibited, except as allowed herein or otherwise approved
by us. You may not download or save a copy of any of the Content or screens for
any purpose except as otherwise provided by Edukul Solutions Private Limited. If
you make use of the Site, other that as provided herein, in doing so you may violate
copyright and other laws of India, other countries, as well as applicable state
laws and may be subject to liability for such unauthorized use. We do not grant
any license or other authorization to any user of our trademarks, registered trademarks,
service marks, other copyrightable material or any other intellectual property by
including them on the Site.
The information on the Site including, without limitation, all site design, text,
graphics, interfaces, and the selection and arrangements is protected by law including
copyright law.
Product names, logos, designs, titles, graphics, words or phrases may be protected
under law as the trademarks, service marks or trade names of Edukul Solutions Private
Limited or other entities and are used here with permission. Such trademarks, service
marks and trade names may be registered in India and internationally. Without our
prior written permission, you agree not to display or use our trademarks, service
marks, trade names, other copyrightable material or any other intellectual property
in any manner.
LINKS FROM AND TO THE SITE
You may be able to link to third party websites ("Linked Sites") from the Site.
Linked Sites are not, however, reviewed, controlled or examined by us in any way
and we are not responsible for the content, availability, advertising, products,
information or use of user information or other materials of any such Linked Sites,
or any additional links contained therein. These links do not imply our endorsement
of or association with the Linked Sites. It is your sole responsibility to comply
with the appropriate terms of service of the Linked Sites as well as with any other
obligation under copyright, secrecy, defamation, decency, privacy, security and
export laws related to the use of such Linked Sites and any content contained thereon.
In no event shall we be liable, directly or indirectly, to anyone for any loss or
damage arising from or occasioned by the creation or use of the Linked Sites or
the information or material accessed through these Linked Sites. You should direct
any concerns to that site's administrator or Webmaster. We reserve the exclusive
right, in our sole discretion, to add, change, decline or remove, without notice,
any feature or link to any of the Linked Sites from the Site and/or introduce different
features or links to different users. Permission must be granted by us for any type
of link to the Site. To seek our permission, you may write to us at the address
below. We reserve the right, however, to deny any request or rescind any permission
granted by us to link through such other type of link, and to require termination
of any such link to the Site, at our discretion at any time.
INDEMNITY
You agree to defend, indemnify and hold Edukul Solutions Private Limited, its directors,
officers, employees, agents, vendors, partners, contractors, galleries, artists,
institutions, distributers, representatives and affiliates harmless from any and
all claims, liabilities, damages, costs and expenses, including reasonable attorneys'
fees, in any way arising from, related to or in connection with your use of the
Site, your violation of any law, your violation of the Terms or the posting or transmission
of any User Content, or materials on or through the Site by you, including, but
not limited to, any third party claim that any information or materials you provide
infringes any third party proprietary right. You agree to cooperate as fully as
reasonably required in the defence of any claim. Your indemnification obligation
will survive the termination of these Terms and your use of the Site.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT: THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT,
FUNCTION, MATERIALS AND SERVICES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION,
DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION,
AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT
OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR
FREE, OR THAT DEFECTS WILL BE CORRECTED. EDUKUL SOLUTIONS PRIVATE LIMITED MAKES
NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE,
RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH
THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED
WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL. EDUKUL SOLUTIONS PRIVATE LIMITED DOES NOT ENDORSE,
WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF
OF THIRD PARTIES ON OR THROUGH THE SITE. EDUKUL SOLUTIONS PRIVATE LIMITED IS NOT
A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES
WITHOUT THE DIRECT INVOLVEMENT OF COMPANY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EDUKUL SOLUTIONS PRIVATE LIMITED, ITS AFFILIATES OR ANY OF THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS,
SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES VENDORS, CONTRACTORS, INSTITUTIONS,
REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY
OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT,
MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE,
OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES,
EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT
SHALL THE TOTAL LIABILITY OF EDUKUL SOLUTIONS PRIVATE LIMITED TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED,
IN THE AGGREGATE, INDIAN RUPEE INR 10,000. WITHOUT LIMITING THE FOREGOING, IN NO
EVENT EDUKUL SOLUTIONS PRIVATE LIMITED OR ITS OFFICERS DIRECTORS, EMPLOYEES, AGENTS,
SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD
PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR
LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA
OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF
EDUKUL SOLUTIONS PRIVATE LIMITED. You hereby acknowledge that the preceding paragraph
shall apply to all content, merchandise and services available through the Site.
APPLICABLE LAW/JURISDICTION
You agree that the laws of India, excluding its conflicts-of-law rules, shall govern
these Terms. Please note that your use of the Site may be subject to other local,
state, national, and international laws. You expressly agree that exclusive jurisdiction
for resolving any claim or dispute with Edukul Solutions Private Limited relating
in any way to your use of the Site resides in courts in the city of Mumbai, Maharashtra,
India and you further agree and expressly consent to the exercise of personal jurisdiction
in courts in the city of Mumbai, Maharashtra, India. In addition, you expressly
waive any right to a trial in any legal proceeding against Edukul Solutions Private
Limited its subsidiaries, divisions, or affiliates or their respective officers,
directors, employees, agents, or successors under or related to these Terms. Any
claim or cause of action you have with respect to use of the Site must be commenced
within one (1) year after the claim arises.
CONSENT TO PROCESSING
By providing any personal information to the Site, all users, including without
limitation users in the European Union, fully understand and unambiguously consent
to the collection and processing of such information in India, The United States
and Internationally. Any inquiries concerning these Terms should be directed to
us at the address below.
RISK OF LOSS
The items purchased from our Site are delivered by download. As a result, your computer
or other device used to access the Site must meet minimum software and storage requirements
.
INTERRUPTION OF SERVICES
You acknowledge that temporary interruptions in the availability of the Site may
occur from time to time as normal events. Also, we may decide to cease making available
the Site or any portion of the Site at any time and for any reason. Under no circumstances
will Edukul Solutions Private Limited or its suppliers be held liable for any damages
due to such interruptions or lack of availability.
NOTICES
Notices to you may be made via either email or regular mail. The Site may also provide
notices of changes to the Terms or other matters by displaying notices or links
to notices to you on the Site.
CONTACTING US
To contact us with any questions or concerns in connection with this Agreement or
the Site, or to provide any notice under this Agreement to us please go to Contact
Us or write to us at: Edukul Solutions Private Limited, 223/224 Arun Chambers,Tardeo
Road, Tardeo,Mumbai, 400034, Maharashtra, India. Phone +91-022-23530077. Email info@1ghar.org
GENERAL INFORMATION
The Terms constitute the entire agreement between you and Edukul Solutions Private
Limited relating to SAT training and coaching and govern your use of the Site, superseding
any prior agreements between you and Edukul Solutions Private Limited. You also
may be subject to additional terms and conditions that are applicable to certain
parts of the Site. You agree that no joint venture, partnership, employment, or
agency relationship exists between Edukul Solutions Private Limited and you as a
result of this Agreement or your use of the Site. Any claim or cause of action you
may have with respect to Edukul Solutions Private Limited or the Site must be commenced
within one (1) year after the claim or cause of action arose. Our failure to exercise
or enforce any right or provision of the Terms shall not constitute a waiver of
such right or provision. If any provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms remain in full force and effect. You may not
assign the Terms or any of your rights or obligations under the Terms without our
express written consent. The Terms inure to the benefit of Edukul Solutions Private
Limited successors, assigns and licensees. © Copyright 2013 by Edukul Solutions
Private Limited. All rights reserved.