These Terms & Conditions (“Terms”) of (a) use of our website
www.unionias.com (“Website”), our applications (“Application”) or any products
or services in connection with the Application/, Website/products (“Services”) or (b) any modes of registrations or usage of
products, including through SD cards, tablets or other storage/transmitting
device are between UNION IAS (“Company/We/Us/Our”)
and its users (“User/You/Your”).
These Terms constitute an electronic record in accordance with the
provisions of the Information Technology Act, 2000 and the Information
Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from
time to time.
Please read the Terms and the privacy policy of the Company
(“Privacy Policy”) with respect to registration with us, the use of the
Application, Website, Services and products carefully before using the
Application, Website, Services or products. In the event of any discrepancy
between the Terms and any other policies with respect to the Application or
Website or Services or products, the provisions of the Terms shall prevail.
Your use/access/browsing of the Application or Website or the
Services or products or registration (with or without payment/with or without
subscription) through any means shall signify Your acceptance of the Terms and
Your agreement to be legally bound by the same.
If You do not agree with the Terms or the Privacy Policy, please do
not use the Application or Website or avail the Services or products. Any
access to our Services/Application/products through registrations/subscription
is non-transferable.
1. Except as
mentioned below, all information, content, material, trademarks, services
marks, trade names, and trade secrets including but not limited to the
software, text, images, graphics, video, script and audio, contained in the
Application, Website, Services and products are proprietary property of the
Company (“Proprietary Information”). No
Proprietary Information may be copied, downloaded, reproduced, modified,
republished, uploaded, posted, transmitted or distributed in any way without
obtaining prior written permission from the Company and nothing on this
Application or Website or Services shall be or products deemed to confer a
license of or any other right, interest or title to or in any of the
intellectual property rights belonging to the Company, to the User. You may own
the medium on which the information, content or materials resides, but the
Company shall at all times retain full and complete title to the information,
content or materials and all intellectual property rights inserted by the Company
on such medium. Certain contents on the Website may belong to third parties.
Such contents have been reproduced after taking prior consent from said party
and all rights relating to such content will remain with such third party.
Further, you recognize and acknowledge that the ownership of all trademarks,
copyright, logos, service marks and other intellectual property owned by any
third party shall continue to vest with such party and You are not permitted to
use the same without the consent of the respective third party.
2. Your use of
our products, Website, Application and Services is solely for Your personal and
non-commercial use. Any use of the Application, Website, Services or products or
their contents other than for personal purposes is prohibited. Your personal
and non-commercial use of this Application, Website, products and / or our
Services shall be subjected to the following restrictions:
I. You may not decompile, reverse engineer, or disassemble the
contents of the Application and / or our Website and/or Services/ products or
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information or
software obtained from the Application and / or our Website and/or
Services/products, or remove any copyright, trademark registration, or other
proprietary notices from the contents of the Application and / or and / or our
Website and/or Services/products.
II. You will not (a) use this Application and / or our Website
and/or any of our product/s or Service/s for commercial purposes of any kind,
or (b) advertise or sell the Application or any products, Services or domain
names or otherwise (whether or not for profit), or solicit others (including,
without limitation, solicitations for contributions or donations) or use any
public forum for commercial purposes of any kind, or (c) use the Application
and / or Website/our products and Services in any way that is unlawful, or
harms the Company or any other person or entity as determined by the Company.
III. No User shall be permitted to perform any of the following
prohibited activities while availing our Services:
A.
Making available any content
that is misleading, unlawful, harmful, threatening, abusive, tortious,
defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious,
profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
B.
Stalking, intimidating and/or
harassing another and/or inciting other to commit violence;
C.
Transmitting material that
encourages anyone to commit a criminal offence, that results in civil liability
or otherwise breaches any relevant laws, regulations or code of practice;
D.
Interfering with any other
person's use or enjoyment of the Application/Website/Services;
E.
Making, transmitting or storing
electronic copies of materials protected by copyright without the permission of
the owner, committing any act that amounts to the infringement of intellectual
property or making available any material that infringes any intellectual
property rights or other proprietary rights of anyone else;
F.
Make available any content or
material that You do not have a right to make available under any law or
contractual or fiduciary relationship, unless You own or control the rights
thereto or have received all necessary consents for such use of the content;
G.
Impersonate any person or
entity, or falsely state or otherwise misrepresent Your affiliation with a
person or entity;
H.
Post, transmit or make
available any material that contains viruses, trojan horses, worms, spyware,
time bombs, cancelbots, or other computer programming routines, code, files or
such other programs that may harm the Application/services, interests or rights
of other users or limit the functionality of any computer software, hardware or
telecommunications, or that may harvest or collect any data or personal
information about other Users without their consent;
I.
Access or use the
Application/Website/Services/products in any manner that could damage, disable,
overburden or impair any of the Application's/Website's servers or the networks
connected to any of the servers on which the Application/Website is hosted;
J.
Intentionally or
unintentionally interfere with or disrupt the services or violate any
applicable laws related to the access to or use of the
Application/Website/Services/products, violate any requirements, procedures,
policies or regulations of networks connected to the
Application/Website/Services/products, or engage in any activity prohibited by
these Terms;
K.
Disrupt or interfere with the
security of, or otherwise cause harm to, the
Application/Website/Services/products, materials, systems resources, or gain
unauthorized access to user accounts, passwords, servers or networks connected
to or accessible through the Application/Website/Services/products or any
affiliated or linked sites;
L.
Interfere with, or inhibit any
user from using and enjoying access to the Application/Website/
Services/products, or other affiliated sites, or engage in disruptive attacks
such as denial of service attack on the Application/Website/Services/products;
M.
Use deep-links, page-scrape,
robot, spider or other automatic device, program, algorithm or methodology, or
any similar or equivalent manual process, to increase traffic to the
Application/Website/Services/products, to access, acquire, copy or monitor any
portion of the Application /Website/Services/products, or in any way reproduce
or circumvent the navigational structure or presentation of the Application, or
any content, to obtain or attempt to obtain any content, documents or
information through any means not specifically made available through the
Application/ Website/Services/products;
N.
Alter or modify any part of the
Services;
O.
Use the Services for purposes
that are not permitted by: (i) these Terms; and (ii) any applicable law,
regulation or generally accepted practices or guidelines in the relevant
jurisdiction; or
P.
Violate any of the terms
specified under the Terms for the use of the Application
/Website/Services/products.
By submitting content on or through the Services (your “Material”),
you grant us a worldwide, non-exclusive, royalty-free license (with the right
to sublicense) to use, copy, reproduce, process, adapt, modify, publish,
transmit, display and distribute such Material in any and all media or
distribution methods (now known or later developed) and to associate your
Material with you, except as described below. You agree that others may use
Your Material in the same way as any other content available through the
Services. Other users of the Services may fork, tweak and repurpose your
Material in accordance with these Terms. If you delete your user account your
Material and name may remain available through the Services
In the preparation of the Application/Website/Services/products and
contents therein, every effort has been made to offer the most 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. Any feedback from User is
most welcome to make the Application 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/Services/products 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.
Our Website provides Users with access to compiled educational
information and related sources. Such information is provided on an As Is basis
and We assume no liability for the accuracy or completeness or use or non-obsolescence
of such information. We shall not be liable to update or ensure continuity of
such information contained on the Website. We would not be responsible for any
errors, which might appear in such information, which is compiled from third
party sources or for any unavailability of such information. From time to time
the Website may also include links to other websites. These links are provided
for your convenience to provide further information. They do not signify that
we endorse the website(s). We have no responsibility for the content of the
linked website(s). You may not create a link to the Website from another
website or document without the Company's prior written consent.
The contents of the Application/Services/products are developed on
the concepts covered in the structured curriculum syllabus prescribed for
students of various courses. The usage of the Application/Services/products is
not endorsed as a substitution to the curriculum based education provided by
the educational institutions but is intended to supplement the same by
explaining and presenting the concepts in a manner enabling easy understanding.
The basic definitions and formulae of the subject matter would remain the same.
The Company acknowledges that there are various means of delivering structured
curriculum pedagogy and inclusion of methods in the
Application/Services/products does not imply endorsement of any particular
method nor exclusion imply disapproval. Subscription to the Application or
usage of our Services/Website/products 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.
Certain contents in the Application/Services/Website/products (in
particular relating to assistance in preparations for administrative services)
may contain opinions and views. The Company shall not be responsible for such
opinions or any claims resulting from them. Further, the Company makes no
warranties or representations whatsoever regarding the quality, content,
completeness, or adequacy of such information and data.
Some parts of the Services are interactive, and we encourage
contributions by Users, which may or may not be subject to editorial control
prior to being posted. The Company accepts no responsibility or liability for
any material communicated by third parties in this way. The Company reserves
the right at its sole discretion to remove, review, edit or delete any content.
Similarly, We will not be responsible or liable for any content uploaded by
Users directly on the Website, irrespective of whether We have certified any
answer uploaded by the User. We would not be responsible to verify whether such
questions/answers or contents placed by any User contain infringing materials
or not.
The Company may, based on any form of access to the Application
(including free download/trials) or Services or Website or registrations
through any source whatsoever, contact the User through sms, email and call, to
give information about its products as well as notifications on various
important updates and/or to seek permission for demonstration of its products.
The User expressly grants such permission to contact him/her through telephone,
SMS, e-mail and holds the Company indemnified against any liabilities including
financial penalties, damages, expenses in case the User's mobile number is
registered with Do not Call (DNC) database. By registering yourself, you agree
to make your contact details available to Our employees, associates and
partners so that you may be contacted for education information and promotions
through telephone, SMS, email etc.
While the Company may, based on the User's confirmation, facilitate
the demonstration of its products at the location sought by the User, the User
acknowledges that he/she has not been induced by any statements or
representations of any person with respect to the quality or conditions of the
products and that User has relied solely on the investigations, examinations
and inspections as the User has chosen to make and that the Company has
afforded the User the opportunity for full and complete investigations,
examinations and inspections.
Upon registration through any means whatsoever, the Company may
contact You through the registered mobile number or e-mail or any other mobile
number or contact number or email provided by You to enable effective provision
of Services. The User expressly permits the Company to contact him/her and the
student utilising the Services, through the above mentioned means at any time
post registration. Further, the Company
shall have the right to monitor the download and usage of the
Application/Services/products and the contents thereof by the User/student, to
analyze such usage and discuss the same with the User/student to enable
effective and efficient usage of the Services. The User expressly permits the
Company to clear the doubts of the student using the Application/Services/online
portal by answering the questions placed before it, providing study plans,
informing of the progress, providing feedback, communicating with the student
and mentoring the student through telephone or e-mail on express consent of the
legal guardian/parent of the User or through any other forum.
While the Company has made efforts to train the personnel engaged in
the sales and services relating to its products to enable quality control, it
makes no warranties or representations whatsoever regarding the quality and
competence of such personnel and would not be responsible for any deviant
behaviour of any such personnel. Any feedback from User relating to the same is
most welcome and Company reserves the right and discretion to take any action
in this regard.
Access to certain elements of the Services including doubt
clearance, mentoring services etc may be subject to separate terms, conditions
and fair usage policy. The Company reserves the right to determine the criteria
for provision of various elements of Services to the different categories of
Users based on its policies. Hence, subscription to the Application/products or
registrations do not automatically entitle the User to any and all elements of
Services provided by the Company and the Company shall be entitled to exercise
its discretion while providing access to and determining continuity of certain
elements of Services. We reserve the right to extend, cancel, discontinue,
prematurely withdraw or modify any of Our Services at Our discretion.
The Company's products and / or Services, including the Application
and content, are compatible only with certain
devices/tablets/instruments/hardware. The Company shall not be obligated to
provide workable products and / or services for any instruments that are not
recognized by the Company or those instruments that may be purchased from any
third party which are not compatible with the Company's products and Services. The
company reserves the right to upgrade the table/ type of compatible devices as
required from time to time.
The Company shall have no responsibility for any loss or damage
caused to tablet or any other hardware and / or software and/or instrument,
including loss of data or effect on the processing speed, resulting from Your
use of our products and Services.
You have to specify the address to which the shipment has to be made
at the time of purchase. All product(s) shall be delivered directly to the
address as specified at the point of ordering and You cannot, under any
circumstances whatsoever, change the address after the order is processed. In
case of any change in the address, You need to specify the same to us in
writing well in advance to the shipping date. Any inconsistencies in name or
address will result in non-delivery of the product(s).
(a) For return
of product(s) damaged at the time of delivery, the shipping charges shall be
borne by the Company. However, for return any of the product(s) for any other
reasons, it shall be the responsibility of the User to arrange for the return
of such cancelled product(s) and the shipping charges shall be borne by such
User.
(b)We request
You not to accept any product package that seems to be tampered with, opened or
damaged at the time of delivery. 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.
(c) All requests
for return of products have to be placed within 10 (ten) days from the date of
delivery. Please note that no refunds shall be claimed or will be entertained
post 10 (ten) days from the date of delivery.
You acknowledge that the Company is not the manufacturer of the
instrument/medium/hardware and hence, any defect relating to the same shall be
reported to the manufacturer whose details shall be specified on the packaging
and the Company shall not be in any manner responsible for the same. The
Company does not provide any guarantee or warranty relating to the
instrument/medium/hardware
In order to access the Services and to avail the use of the
Application/products, You shall be required to register yourself with the
Application/Services/products, and maintain an account with the
Application/Services/products. You will be required to furnish certain
information and details, including Your name, mobile number, e-mail address,
residential address, grade/class of the student, school name, payment
information (credit/debit card details) if required, and any other information
deemed necessary by the Application. With respect to the provision of
information, the following may be noted:-
It is Your sole responsibility to ensure that the account
information provided by You is accurate, complete and latest.
You shall be responsible for maintaining the confidentiality of the
account information and for all activities that occur under Your account. You
agree to (a) ensure that You successfully log out from Your account at the end
of each session; and (b) immediately notify the Company of any unauthorized use
of Your account. If there is reason to
believe that there is likely to be a breach of security or misuse of Your
account, we may request You to change the password or we may suspend Your
account without any liability to the Company, for such period of time as we
deem appropriate in the circumstances. We shall not be liable for any loss or
damage arising from Your failure to comply with this provision.
You acknowledge that Your ability to use Your account is dependent
upon external factors such as internet service providers and internet network
availability and the Company cannot guarantee accessibility to the Application
at all times. In addition to the disclaimers set forth in the Terms, the
Company shall not be liable to You for any damages arising from Your inability
to log into Your account and access the services of the Application at any
time.
Persons who are "competent/capable" of contracting within
the meaning of the Indian Contract Act, 1872 shall be eligible to register for
the Application and all Our products or Services. Persons who are minors,
un-discharged 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 Application/Website/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 Our Application or 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 Application 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 on the
Application.
You agree to defend, indemnify and hold harmless the Company, its
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i) Your use of
and access of the Application/Website/Services; (ii) Your violation of any term
of these Terms or any other policy of the Company; (iii) Your violation of any
third party right, including without limitation, any copyright, property, or
privacy right; or (iv) any claim that Your use of the
Application/Website/Services has caused damage to a third party. This defense
and indemnification obligation will survive these Terms.
In no event shall the Company, its officers, directors, employees,
partners or agents be liable to You or any third party for any special,
incidental, indirect, consequential or punitive damages whatsoever, including
those resulting from loss of use, data or profits or any other claim arising
out, of or in connection with, Your use of, or access to, the Application.
In the event of Your breach of these Terms, You agree that the
Company will be irreparably harmed and may not have an adequate remedy in money
or damages. The Company therefore, shall be entitled in such event to obtain an
injunction against such a breach from any court of competent jurisdiction. The
Company's right to obtain such relief shall not limit its right to obtain other
remedies.
Any violation by You of the terms of this Clause may result in
immediate suspension or termination of Your Accounts apart from any legal
remedy that the Company can avail. In such instances, the Company may also
disclose Your Account Information if required by any Governmental or legal
authority. You understand that the violation of these Terms could also result
in civil or criminal liability under applicable laws.
The Terms shall be governed by and construed in accordance with the
laws of India, without regard to conflict of law principles. Further, the Terms
shall be subject to the exclusive jurisdiction of the competent courts located
in Hazaribagh (Jharkhand) and You hereby accede to and accept the
jurisdiction of such courts.
The Company has the right to change modify, suspend, or discontinue
and/or eliminate any aspect(s), features or functionality of the Application or
the Services as it deems fit at any time without notice. Further, the Company
has the right to amend these Terms from time to time without prior notice to
you. The Company makes no commitment, express or implied, to maintain or
continue any aspect of the Application. You agree that the Company shall not be
liable to You or any third party for any modification, suspension or
discontinuance of the Application/Services. All prices are subject to change
without notice.
DISCLAIMER: THIS WEBSITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN
"AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
WEBSITE, APPLICATION/PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION,
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS,
SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE
FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR
MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN
RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO
ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
General
Provisions:
Notice: All
notices served by the Company shall be provided via email to Your account or as
a general notification on the Application. Any notice to be provided to the
Company should be sent to admin@unionias.com
.
Entire
Agreement: The Terms, along with the Privacy
Policy, and any other guidelines made applicable to the Application from time
to time, constitute the entire agreement between the Company and You with
respect to Your access to or use of the Application, Website and the Services
thereof.
Assignment: You cannot assign or otherwise transfer Your obligations under the
Terms, or any right granted hereunder to any third party. The Company's rights
under the Terms are freely transferable by the Company to any third parties
without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any
provision of the Terms, or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to give effect to the
intent of the parties as reflected by that provision, and the remainder of the
Terms shall continue in full force and effect.
Waiver: Any failure by the Company to enforce or exercise any provision of
the Terms, or any related right, shall not constitute a waiver by the Company
of that provision or right.
Relationship: You acknowledge that Your participation on the Application, does
not make You an employee or agency or partnership or joint venture or franchise
of the Company.
The Company
provides these Terms so that You are aware of the terms that apply to your use
of the Website/Application and Services. You acknowledge that, the Company has
given You a reasonable opportunity to review these Terms and that You have
agreed to them.
Feedback:
Any feedback You
provide with respect to the Application shall be deemed to be non-confidential.
The Application shall be free to use such information on an unrestricted basis.
Further, by submitting the feedback, You represent and warrant that (i) Your feedback
does not contain confidential or proprietary information of You or of third
parties; (ii) the Company is not under any obligation of confidentiality,
express or implied, with respect to the feedback; (iii) the Application may
have something similar to the feedback already under consideration or in
development; and (iv) You are not entitled to any compensation or reimbursement
of any kind from the Company for the feedback under any circumstances, unless
specified.
Under no circumstances shall the Company be held responsible in any
manner for any content provided by other users even such content is offensive,
hurtful or offensive. Please exercise caution while accessing the Application.
Customer
Care:
We make all best
endeavors to provide You with a pleasant experience. In the unlikely event that
You face any issues, please contact us at info@unionias.com.
Cancellation Policy
Order once
placed will not be cancelled under any circumstances.
Refund Policy
Fee once paid is
non-refundable.
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