PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS OR SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This document is an electronic record in terms of Information Technology Act, 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.
The domain name www.avakaash.in (hereinafter referred to as "Website") is owned Inbridge Solutions Pvt Ltd under the Companies Act, 1956 with its registered office at at No.330, 1st floor, 7th Cross, NGEF layout, Nrupatunga Nagar, Nagarbhavi, Bengaluru- 560072
Terms of Service Agreement (the "Agreement") governs your use of this website, www. M/s Inbridge Solutions Pvt Ltd ("Business Name") offer of products and services for purchase on this Website, or your purchase of products and services are available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. M/s Inbridge Solutions Pvt Ltd reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Revised M/s Inbridge Solutions may make such revisions and changes without due notice and intimation to the users. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. M/s Inbridge Solutions Pvt Ltd encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website.. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. PRODUCTS AND SERVICES Terms of Offer. This Website offers for sale certain services (the "Services") and products (the " Products "). By subscribing to our services and placing any orders for our products, through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our t call centre who have been authorised to act on our behalf or direct any sale representative of M/s Inbridge Solutions Pvt Ltd , while they are communicating to you through any means, you may desire to opt out from further direct company communications and solicitations as per the Telecom Commercial Communications Customer Preference Regulations, 2010. Else, you are agreeing to continue to receive further emails, sms and call solicitations M/s Inbridge Solutions Pvt Ltd and its designated in house or third party call team(s).
Opt Out Procedure: M/s Inbridge Solutions provide 2 easy ways to opt out of from our solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: [[email protected]].
PROPRIETARY RIGHTS. M/s Inbridge Solutions Pvt Ltd has sole proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by M/s Inbridge Solutions Pvt Ltd. M/s Inbridge Solutions Pvt Ltd also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
II. WEBSITECONTENT; INTELLECTUAL PROPERTY; THIRD PARTY LINKS.
In addition to making Products available, this Website also offers information and marketing materials to third party websites on opportunities events, career guidance and any such information pertaining to the holistic development of children between the age group of 15- 18 years..M/s Inbridge does not at all times create information available on this website, it may also gather such information from third party sources.. However, for such content being created by M/s Inbridge solutions Pvt Ltd it is protected by intellectual property laws applicable to creation of any content in the territory of India Unauthorized use of such protected material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any information gathered from third-party websites are provided solely as a convenience to you. M/s Inbridge Solutions Pvt Ltd does not endorse the contents on any such third-party websites. M/s Inbridge Solutions Pvt Ltd is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. Use of Website;
M/s Inbridge Solutions Pvt Ltd is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
UPLOADING OF CONTENTThe users of the site may in course of the usage, be required to upload documents, pictures or any such content. Such uploading must strictly comply with the content policy mentioned underneath.
1. Child safety: We have a zero-tolerance policy towards content that exploits children. Some examples of this include:
2. Child sexual abuse imagery: We will terminate the accounts of any user we find publishing or referring to third party, any content on abuse of children in any form. M/s Inbridge Solutions would also if required report the user to enforcement officers under law. Such acts may also lead to termination of users ’account by the administrator.
3. Pedophilia: We do not allow content that encourages or promotes sexual attraction towards children. Any such content would be liable to be takendown,w ithout providing any reasons or notice. Such acts may also lead to termination of users ’account by the administrator.
4. Hate Speech: We don't support content that promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity, or whose primary purpose is inciting hatred on the basis of these core characteristics. Uploading of such content which does not fall within the contours of academic value would be liable to taken down without providing any reasons or notice. Such acts may also lead to termination of users ’account by the administrator.
5. Crude Content: In the course of the usage a user may be required to upload content based on current trending topics. No such uploads would carry crude and gruesome content, which would be deemed to be so for children between the age 4-18. Such acts may also lead to termination of users ’account by the administrator.
6. Violence & Harassment: Users are strongly discouraged to use the medium provided my M/s Inbridge Solutions to promote violence or harass other users. Such content would be taken down without providing reasons or notice. Such acts may also lead to termination of users ’account by the administrator.
7. Harassment: Do not harass or bully others. Anyone using Blogger to harass or bully may have the offending content removed or be permanently banned from the site. Online harassment is also illegal in many places and can have serious offline consequences.
LICENCINGBy using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from M/s Inbridge Solutions Pvt Ltd or the applicable third party (if third party content is at issue).
POSTINGBy posting, storing, or transmitting any content on the Website, you hereby grant M/s Inbridge Solutions Pvt Ltd a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. M/s Inbridge Solutions Pvt Ltd does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. M/s Inbridge Solutions Pvt Ltd is not liable for any damage or harm resulting from any posts by or interactions between users. M/s Inbridge Solutions Pvt Ltd reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content M/s Inbridge Solutions Pvt Ltd deems objectionable.
INFORMATION DISCLAIMERYou acknowledge that the information provided through www.avakaash.com which is under the sole ownership of M/s Inbridge Solutions is compiled from sources, which are beyond the control of www.avakaash.com. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and www.avakaash.com does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that www.avakaash.com is provided to you on an "as is, with all faults" basis.
www.avakaash.com expressly disclaims any and all warranties, whether express, oral, implied, statutory or otherwise, of any kind to the users and/or any third party, including any implied warranties of accuracy, timeliness, completeness, merchantability and fitness for a particular purpose, as well as any warranties arising by virtue of custom of trade or course of dealing and any implied warranties of title or non-infringement. In addition, www.avakaash.com , in providing the information makes no endorsement of any particular security, market participant, or brokerage. Further, www.avakaash.com does not represent or warrant that it will meet your requirements or is suitable for your needs. Under this User Agreement, you assume all risk of errors and/or omissions in www.avakaash.com , including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of www.avakaash.com , including the information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the User Agreement.
You agree that www.avakaash.com (including its and their officers, directors, employees, affiliates, companies agents, representatives or subcontractors) shall not in any event be liable for any special, incidental or consequential damages arising out of the use or inability to use www.avakaash.com for any purpose whatsoever. Www.avakaash.com and it's affiliates, officers, directors, employees and agents shall have no liability in tort, contract, or otherwise to user and/or any third party.
You expressly agree that use of the website is at your sole risk. The contents, information, software, products, features and services published on this web site may include inaccuracies or typographical errors. Changes are periodically added to the contents herein. www.avakaash.com and/or its respective suppliers may make improvements and/or changes in this web site at any time. This web site may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. www.avakaash.com exercise its right to modify or discontinue any or all of the contents, information, software, products, features and services published on this website.
www.avakaash.com and/or its respective associated entities make no representations about the suitability of the contents, information, software, products, features and services contained on this web site for any purpose. All such contents, information, software, products, features and services are provided "as is" without warranty of any kind. www.avakaash.com and/or its associated entities hereby disclaim all warranties and conditions with regard to these contents, information, software, products, features and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability.
In no event shall www.avakaash.com and/or its associated entities be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site or with the delay or inability to use this website, or for any contents, information, software, products, features and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if www.avakaash.com or any of its associated entities has been advised of the possibility of damages.
Use of message boards, chat rooms and other communication forums: If this Web site contains message/bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer
5. Conduct or forward surveys, contests, or chain letters.
6. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
III. DISCLAIMER OF WARRANTIESYour use of this website and/or products and services are at your sole risk. The website and products are offered on an "as is" and "as available" basis. M/s Inbridge Solutions Pvt ltd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non- infringement with respect to the products or services or website content, or any reliance upon or use of the website content or products. ("products" include trial products and ("services " include trial services.)
Without limiting the generality of the foregoing, m/s Inbridge Solutions Pvt ltd makes no warranty:
1. That the information provided on this website is accurate, reliable, complete, or timely.
2. That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
3. No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
4. As to the results that may be obtained from the use of the products or services that defect in products or services will be corrected.
5. Regarding any products or services purchased or obtained through the website.
6. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
IV. LIMITATION OF LIABILITYM/s Inbridge solutions Pvt Ltd will not honour any request for refund of amount paid for the subscription of premium services.
M/s Inbridge solutions Pvt ltd will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products or services; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
V. INDEMNIFICATIONYou will release, indemnify, defend and hold harmless M/s Inbridge Solutions Pvt Ltd, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to M/s Inbridge Solutions Pvt Ltd. When M/s Inbridge Solutions Pvt Ltd is threatened with suit or sued by a third party, M/s Inbridge Solutions Pvt Ltd may seek written assurances from you concerning your promise to indemnify M/s Inbridge Solutions Pvt Ltd; your failure to provide such assurances may be considered by M/s Inbridge Solutions Pvt Ltd to be a material breach of this Agreement. M/s Inbridge Solutions Pvt Ltd will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products or Services, with counsel of M/s Inbridge Solutions Pvt Ltd choice at your expense. M/s Inbridge Solutions Pvt Ltd will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend M/s Inbridge Solutions Pvt Ltd against any claim, but you must receive M/s Inbridge Solutions Pvt Ltd prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. AGREEMENT TO BE BOUNDBY USING THIS WEBSITE OR ORDERING PRODUCTS AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS ON THIS WEBSITE.
VII. JURISDICTIONThe terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Bangalore, India in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
VIII. BUSINESS/INSTITUTIONAL USES OF OUR SERVICESIf you are using our Services on behalf of a business/Institute school, that business accepts these terms. It will hold harmless and indemnify www.avakaash.com and its affiliates, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
IX. TERMINATIONThis User Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or cancelled for any of the following reasons: (a) Immediately by www.avakaash.com for any unauthorized access or use by you. (b) Immediately by www.avakaash.com if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) Immediately, if you violate any of the other terms and conditions of this User Agreement. Termination or cancellation of this Agreement shall not affect any right or relief to which www.avakaash.com may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to www.avakaash.com . Except as set forth herein, regardless of the reason for cancellation or termination of this User Agreement, the fee charged if any for access to www.avakaash.com is non-refundable for any reason.
X. GENERAL1. Force Majeure. M/s Inbridge Solutions Pvt Ltd will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
2. Cessation of Operation. M/s Inbridge Solutions Pvt Ltd may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
2. Cessation of Operation. M/s Inbridge Solutions Pvt Ltd may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
3. Entire Agreement. This Agreement comprises the entire agreement between you and M/s Inbridge Solutions Pvt Ltd and supersedes any prior agreements pertaining to the subject matter contained herein.
4. Effect of Waiver. The failure of M/s Inbridge Solutions Pvt Ltd to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
5. Governing Law; Jurisdiction. This Website originates from the [Bengaluru, Karnataka]]. This Agreement will be governed by the laws of Republic of India without regard to its conflict of law principles to the contrary. Neither you nor M/s Inbridge Solutions Pvt Ltd will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts of Bengaluru.By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
6. Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one 6 months after such claim or cause of action arose or be forever barred.
7. Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
8. Termination. M/s Inbridge Solutions Pvt Ltd reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and M/s Inbridge Solutions Pvt Ltd may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, M/s Inbridge Solutions Pvt Ltd reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until M/s Inbridge Solutions Pvt Ltd chooses, in its sole discretion and without advance to you, to terminate it.
9. Domestic Use. M/s Inbridge Solutions Pvt Ltd makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
10. Assignment. You may not assign your rights and obligations under this Agreement to anyone. M/s Inbridge Solutions Pvt Ltd may assign/alter its rights and obligations under this Agreement in its sole discretion and without advance notice to you.