INTRODUCTION
These Terms of Use ("Terms") governs your use of the
Parul Academy website, located at www.parulacademy.com, any
mobile/web applications, and services ("Site")
provided by Parul Prakashani Private Limited ("Parul
Academy" or "us" or "we" or
"our") having its registered office at 8/3,
Chintamani, JK Das Lane, Kolkata, West Bengal 700009, India.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING
THIS SITE. BY ACCESSING, REGISTERING OR USING THIS SITE, YOU
AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS SET
FORTH BELOW AND THE PRIVACY POLICY. IF YOU ARE NOT WILLING TO
BE BOUND BY THESE TERMS OF USE, INCLUDING THE DISCLAIMERS AND
PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS SITE.
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD,
OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME AND EACH SUCH
CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE
CHECK THESE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE
OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS
WILL MEAN YOU ACCEPT THOSE CHANGES.
- Parul Academy provides this Site to users seeking
tutoring services ("Students") and to any other
entity like "Institutes" on whose behalf users
accept these Terms. The term "you" or
"You" or "User" or "Users" shall
refer to Students, or entity (Institutes) who views, uses,
accesses, browses or submits any content or material to the
Site. The Terms are effective upon acceptance and govern the
relationship between you and us including the provision of any
of the Services on our Site. In the event the Terms conflict
with any other document / policy / content on our Site, the
Terms will prevail over them, for the purposes of usage of the
Site. Any express waiver or failure to exercise promptly any
right under the Terms will not create a continuing waiver or
any expectation of non-enforcement. If you do not agree to be
bound by the Terms and the Privacy Policy, you may not use our
Site in any way and should exit immediately.
- If any provision of the Terms is held invalid by any
law or regulation of any government, or by any court or
arbitrator, the parties agree that such provision will be
replaced with a new provision that accomplishes the original
business purpose, and the other provisions of the Terms will
remain in full force and effect.
- You are responsible for your acts and omissions. Site
is only a venue to connect Students and Tutors, in the event
that you have any dispute with other user, you release Parul
Academy (and our parents, subsidiaries, officers, directors,
shareholders, employees, agents, joint ventures, consultants,
successors and assigns) from any and all claims, demands and
damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such
disputes. As independent contractors hired by Students, Tutors
or representative of the institutes control the methods,
materials and all aspects of the lessons.
We
only support the Tutor or Institute decisions and choices that
you make. These decisions and choices are yours. We cannot
make decisions for you. We only help you to find good Tutor
and connect with Tutors. On our Site you can ask and find
informational questions and related educational answers by
Tutors. Students are responsible for selecting the right tutor
or institute for their needs. In making hiring decisions,
Students should review and investigate each tutor's
self-reported credentials, education, and experience, as well
as reviews from other students. ALL TUTORING SESSIONS
SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
The information provided in Parul Academy, regarding tutors,
courses, etc. has been compiled by assimilating data from
various educational sources, which may available in the public
domain. The details provided are for general information only.
We update the data regularly to ensure that the information
you receive from our website is accurate. For additional
requirement of education related information displayed in our
website, we recommend you contact the respective institutes.
Parul Academy controls and operates the Site from
various locations and makes no representation that this
website is appropriate or available for use in all locations.
Parul Academy services may not be available in your location,
and available services may vary among locations. In addition,
Parul Academy will attempt to deliver all correspondence sent
via the Site's messaging system. Parul Academy does not,
however, guarantee delivery of all messages.
Parul Academy reserves the right to withdraw or modify aspects
of the Parul Academy service, or the entirety of it, when and
where we have legal or commercial reasons to do so. There may
also be times when the Parul Academy service becomes
inaccessible as a result of technical difficulties experienced
by Parul Academy or on the Internet; we will, however, use
reasonable skill and care to overcome these difficulties where
they are within our control.
- You acknowledge and agree that Parul Academy's
services are provided for the purpose of facilitating
education and not for any illegal purposes. You agree not to
use the Site to hire tutors for illegal purposes such as to
complete assignments, to write test/exam papers, take quizzes
or otherwise do work on your behalf. Further, you agree not to
use Parul Academy's services for any purpose that violates
the academic honesty policy or other conduct policies of your
school, college, university, academic institution or
workplace. You agree not to use the Site to: (a) violate or
encourage the violation of any local, state, national, or
international law; (b) stalk, harass, or harm another
individual; (c) collect or store personal data about other
users of our Site; (d) impersonate any person or entity, or
otherwise misrepresent your affiliation with a person or
entity; (e) interfere with or disrupt the Site or services or
networks connected to the Site, or disobey any requirements,
procedures, policies, or regulations of networks connected to
the Site. You agree not to use the Site or Mobile Application
to send any message that is unlawful, libelous, defamatory,
abusive, sexually explicit, threatening, vulgar, obscene,
profane, racially offensive, or otherwise objectionable, as
determined by Parul Academy in its sole discretion.
Without our written consent, you may not: (i) reproduce,
duplicate, copy, sell, resell, or exploit for any commercial
purpose, any portion of the Site, use of the Site, or access
to the Site; (ii) allow, enable, or otherwise support the
transmission of mass unsolicited, commercial advertising or
solicitations via e-mail (spam); (iii) use any high volume,
automated, or electronic means (including without limitation
robots, spiders, scripts, or other automated device) to access
the Site or monitor or copy our Web pages or the content
contained thereon; (iv) deep link to the Site for any purpose;
or (d) frame the Site, place pop-up windows over its pages, or
otherwise affect the display of its pages.
- Use of the Website is available only to persons who
can form legally binding contracts under Indian Contract Act,
1872. Persons who are "incompetent to contract"
within the meaning of the Indian Contract Act, 1872 including
minors, un-discharged insolvents etc. are not eligible to use
the Website. If you are a minor i.e. under the age of 18
years, you shall not register as a User of the Website and
shall not transact on or use the Website. If you are below age
of 18, you can use the Site or Services only in conjunction
with, and under the supervision of, your parent or guardian
who has agreed to the Terms. If you are the parent or legal
guardian of a child under the age of 18, you may use the Site
or Services on behalf of such minor child. By using the Site
or Services on behalf of a minor child, you represent and
warrant that you are the parent or legal guardian of such
child. If you do not qualify under these terms, do not use the
Site or Services. Membership in the Services is void where
prohibited by applicable law, and the right to access the Site
is revoked in such jurisdictions. By using the Site and/or the
Services, you represent and warrant that you have the right,
authority, and capacity to enter into these Terms and to abide
by all of the Terms set forth herein. You agree: (a) to
provide accurate, current, and complete information about you
as may be prompted by a registration form on the website
("Registration Data"); (b) to maintain the security
of your password and identification; (c) to maintain and
promptly update the Registration Data and any information you
provide to Parul Academy, to keep it accurate, current and
complete; and (e) to accept all risks of unauthorized access
to information and Registration Data. . Those who choose
to access this Website from outside India are responsible for
compliance with local laws if and to the extent local laws are
applicable.
You may submit feedback regarding
your experiences with Tutor or Institutes on our Site submit
inquiries concerning possible educational needs and to
participate in the other interactive and community features of
the Site (collectively "Submitted Content"). It is
important that you act responsibly when providing Submitted
Content. In providing feedback, please give clear, honest
information about the Tutor or Institute and your experiences,
but do not use inappropriate language, make gratuitous
personal criticisms or comments or provide information that
others could use to determine your identity. When
participating in other interactive or community aspects of the
Service, please do not post any information that another user
or Tutor or Institute may use to identify you as an
individual, but please do include all relevant information in
a concise manner to help us provide you with a helpful
response.
You acknowledge and agree that by
submitting the Submitted Content to us, you (i) grant us a
nonexclusive, royalty-free, perpetual, transferable,
irrevocable and fully sublicensable right to use, reproduce,
modify, adapt, translate, distribute, publish, create
derivative works from and publicly display and perform the
Submitted Content throughout the world in any media, now known
or hereafter created without attribution, (ii) grant us the
right to pursue at law any person or entity that violates Your
and/or our rights in Your Submitted Content, and (iii) forever
waive any and all of Your rights, including but not limited to
moral rights, if any, in and to Your Submitted Content,
including, without limitation, any all rights or requirements
of attribution or identification of You as the author of the
Submitted Content or any derivative thereof. You further
acknowledge and agree that Your Submitted Content is
non-confidential and do not contain proprietary information.
Except as described in our Privacy Policy. We will not
be required to treat any of Your Submitted Content as
confidential, and you acknowledge and agree that we may use in
connection with our business any of the concepts and ideas
contained in Submitted Content without compensation to you and
we will not incur any liability to You as a result of any
similarities between concepts and ideas contained in Submitted
Content and our future operations and business. Except as
otherwise set forth in this Terms, we will be entitled to use
the Submitted Content for any commercial or other purpose
whatsoever without compensation to You or any other person.
Submitted Content, including personally identifiable
information contained therein are made voluntarily and are
subject to the Privacy Policy. You are responsible for
Submitted Content and agree to defend us, indemnify and hold
us harmless from any damages, losses, costs, or expenses,
including reasonable attorneys’ fees, which we may incur
as a result of Submitted Content.
With respect
to Submitted Content, you acknowledge, warrant and agree that:
- a) If Submitted Content
concern Tutor or Institutes, Submitted Content will be true
and accurate, only concern or relate to the care or service
that You, Your minor child or Your ward received from the
Tutor or Institutes being reviewed, that You are not related
to or employed by the Tutor or Institutes being reviewed and
that You are not impersonating any other person;
- b) If You are a person
authorized by a Tutor or Institute to submit or edit
Submitted Content specifically related to that Tutor or
Institute, Submitted Content will be true and accurate, You
are authorized by the Tutor or Institute identified in the
Submitted Content or edited to make such edits and Submitted
Content will only concern that Tutor or Institute and the
services provided by that Tutor or Institute.
- d) You have the right to
make Submitted Content without violating the copyright,
trademark, patent or other intellectual property rights of
any person or entity, and Submitted Content will not contain
any content, personally identifiable information (other than
the name of the Tutor or Institutes being reviewed),
information, or materials of any kind that relates or refers
to any other person or entity other than the person or
entity being reviewed;
- e) Submitted Content
will not violate any law, or in any manner infringe or
interfere with the rights of others, including but not
limited to the use of names, information, or materials that
(i) libel, defame, or invade the privacy of any third party,
(ii) are obscene or pornographic, (iii) harmful,
threatening, offensive, abusive, harassing, vulgar, false or
inaccurate, racially, sexually, ethnically or are otherwise
objectionable or otherwise contrary to the laws of any place
where such Submissions may be accessed, (iv) constitute
personal attacks on other individuals, (v) infringe the
intellectual property, trade secret or proprietary rights of
any third party, (vi) promote criminal or other illegal
activity, (vii) promote or advertise any person, product or
service or solicit funds, or (viii) are deemed confidential
by any contract or policy.
You are permitted to post only one Submitted Content regarding
the same Tutor or Institute, entity, procedure or subject
during any thirty day period.
We reserve the
right to publish your Submitted Content as part of the Service
and to also to remove your Submitted Content for any reason. We
are not, however, responsible for any failure or delay in
removing Submitted Content.
We do not provide
the Submitted Content on the Site. It is users of the Site
provide Content on the Site. The Tutor or Institutes determine
which questions to answer; they are not employees or agents of
Parul Academy but are independent service providers using the
Site to provide their expert knowledge to users of Site.
We are not involved in any conversations between users
and does not refer you to or endorse or recommend particular
Tutor or Institutes. You understand and acknowledge that we
cannot and do not edit, modify, filter, screen, monitor,
endorse or guarantee the content on Site. We shall not be
liable for any acts or omissions of Tutor or Institutes,
Content, the ability of Tutor or Institutes to answer questions
or the ability of Students to pay for tuitions. We do not
ensure that users will complete a transaction.
By using the Site, you represent and warrant that you currently
meet and will continue to meet the following eligibility
conditions ("Eligibility Conditions") for as long as
you use the Site: (a) you have and will at all times comply
with all laws and regulations; (b) you have the right,
authority and capacity to enter into these Terms of Use and to
abide by all of terms and conditions in these Terms of Use; (c)
neither you, nor anyone in your home: (i) has been the subject
of a complaint, restraining order or any other legal action
involving violence, abuse, neglect, fraud, larceny, or any
offense that involves endangering the safety of others; (ii)
has been convicted of a crime of any nature, including any
felony or misdemeanor of any kind, including without limitation
any sexual, child abuse or domestic violence offenses; and/or
(iii) has been and/or is currently required to register as a
sex offender in any jurisdiction or with any government entity;
and (d) neither you, nor anyone in your home, is currently out
on bail or on your own recognizance pending trial, relating to
any felony or misdemeanor charges of any kind, including
without limitation sexual, child abuse or domestic violence
offenses.
By using the Site, you understand and
agree that Parul Academy may rely on the above Eligibility
Conditions representations and warranties as true. You
understand and agree that Parul Academy may revise the
Eligibility Conditions from time to time and require new
conditions and certifications and that User will abide by such
revised Eligibility Conditions or discontinue using the Site.
You hereby authorize Parul Academy to verify the above
representations and warranties by you and you acknowledge and
agree that Parul Academy shall have the right, but not the
obligation, to verify such representations and warranties. You
agree and understand that such verification may include,
without limitation, conducting criminal background checks, sex
offender registry checks, motor vehicle records checks,
identification verifications, credit checks and/or use of
available public records. You consent to any collection, use or
disclosure in order to accomplish such verification. You
further agree that Parul Academy may take such action as it, in
its sole discretion, deems appropriate, including without
limitation suspending and/or terminating your use of the Site,
should it determine that you have violated any representation
or warranty.
The preceding paragraph
notwithstanding, you understand and agree Parul Academy does
not conduct background checks of any User. You also understand
and agree Parul Academy neither confirms nor denies the
validity of information provided by Users and that Parul
Academy does not verify that any or all of the Eligibility
Conditions are met by Users. You understand and agree to make
your own decisions and assessments about persons to engage and
that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL
BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.
Parul Academy expressly disclaims, and you expressly release
Parul Academy from, any and all liability whatsoever for any
controversies, claims, suits, injuries and/or damages arising
from and/or in any way related to: (a) any inaccuracy,
untimeliness or incompleteness regarding a User's
Eligibility Conditions and/or (b) misstatements or
misrepresentations made by any User.
Parul
Academy reserves all of its rights to remove anything
objectionable to Parul Academy in its sole discretion. Alleged
improprieties by any User may be reported to Parul Academy by
email at care@parulacademy.com
- Academy may at its sole discretion revise or change
the subscription and connect rates without any prior
notification. Refunds will be made at the sole discretion of
Parul Academy.
- Academy may utilize third party consumer reporting
agencies that perform, among other things, criminal background
checks, sex offender registry checks, motor vehicle records
checks, credit checks, and identification verifications
("consumer reports"). Parul Academy does not endorse
or make any representations or warranties regarding the
reliability of such consumer reports or the accuracy,
timeliness or completeness of any information in the consumer
reports. Parul Academy does not independently verify
information in the consumer reports.
You hereby
consent to Parul Academy collecting, using and disclosing the
information in the consumer reports. You understand and agree
that Parul Academy may, in its sole discretion, review and
rely on the information in the consumer reports in deciding
whether to suspend or terminate a User or to investigate a
complaint about a User, but that Parul Academy shall not be
responsible or liable in any way in the event that any
information in the consumer reports about any person,
including without limitation any User, is not accurate, timely
or complete. Users who are the subject of consumer reports may
contact the service provider to dispute the accuracy,
timeliness or completeness of such information. Parul Academy
reserves the right to suspend and/or terminate User based on
information in the consumer reports or for any other reason in
Parul Academy's sole discretion.
- You may obtain direct access via the Site to certain
confidential information of Parul Academy and its affiliates,
including without limitation technical, contractual, product,
program, pricing, marketing and other valuable information
that should reasonably be understood as confidential
("Confidential Information"). You must hold
Confidential Information in strict confidence. All right,
title and interest in the Confidential Information remains
with Parul Academy and its affiliates.
The
Terms impose no obligation upon you with respect to
Confidential Information that you can establish by legally
sufficient evidence: (a) you possessed prior to your receipt
from Parul Academy, without an obligation to maintain its
confidentiality; (b) is or becomes generally known to the
public through no act or omission by you, or otherwise without
violation of the Terms; (c) you obtained from a third party
who had the right to disclose it, without an obligation to
keep such information confidential; (d) you independently
developed without the use of Confidential Information and
without the participation of individuals who have had access
to it, or (e) in response to a valid order by a court or other
governmental body, as otherwise required by law, or as
necessary to establish the rights of either party under these
Terms and as disclosed after prior notice to Parul Academy
adequate to afford Parul Academy the opportunity to object to
the disclosure.
- Parul Academy may make available one or more third
party verification services that enable Users of the Site to
inquire about information including, but not limited to,
another User’s identity and criminal history. Use of a
third party verification service is voluntary for both the
party requesting the verification and the party undergoing the
verification. You agree that Parul Academy shall not be held
responsible or liable in any way if any information provided
by a third party verification service is inaccurate.
- Parul Academy may run advertisements and promotions
from third parties on the Site. Your correspondence or
business dealings with, or participation in promotions of,
advertisers other than Parul Academy found on or through the
Site, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely
between you and such advertiser. Parul Academy is not
responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result
of the presence of such non-Parul Academy advertisers on the
Site.
- Placement of information, logos, links or names of
Tutor or Institutes or any other third party entities on the
Site does not constitute an endorsement or warranty of their
services or opinions or their products. You take full
responsibility for a decision to visit or patronize any such
entity and hold Parul Academy harmless from any liability
arising from such actions. You further acknowledge that no
relationship (such as partnership, agent, joint venturer, or
employee) is created between you and Parul Academy or between
any User including Tutor or Institutes or any other third
party entities and Parul Academy by formation of this
Agreement or by your participation on the Site.
We do not control the information provided by Tutor or
Institutes or any other third party entities or users, which
you may find to be offensive, harmful, inaccurate, or
deceptive.
YOU ARE RESPONSIBILE TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER
OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD
PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE
OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF
ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER
CONTENT.
- We send various text message and PUSH notifications
for new student messages, new message reminders, job
opportunities and more ("Text Message Program").
Please note that standard data and messaging rates may apply
for any text message notifications. Please contact your mobile
phone carrier for details.
Your mobile phone
carrier’s standard data and messaging rates may apply
for any messages sent to you from us and from us to you. If
you have any questions about your text or data plan, please
contact your mobile phone carrier.
- Parul Academy grants you permission (which may be
revoked at any time for any reason or no reason) to use the
Site for the services as provided herein and in accordance
with these Terms of Use and solely for your own personal,
non-commercial use (except as provided herein), provided you
do not remove any trademark, copyright or other notice
contained on such pages. No other use is permitted. You may
not, for example, incorporate the information, content, or
other material in any database, compilation, archive or cache.
Except as specifically authorized by Parul Academy, you may
not deep-link to the Site for any purpose or access the Site
manually or with any robot, spider, web crawler, extraction
software, automated process or device to scrape, copy, or
monitor any portion of the Site or any information, content,
or material on the Site. Parul Academy reserves all of its
statutory and common law rights against any person or entity
who violates this paragraph. You may not link or frame to any
pages of the Site or any content contained therein, whether in
whole or in part, without prior written consent from Parul
Academy. You may like or follow Parul Academy or share links
to the Site via social networking technology referenced on the
Site. Any rights not expressly granted herein are reserved.
Except as expressly authorized by Parul Academy or by
Content providers, you agree not to reproduce, modify, rent,
lease, loan, sell, distribute, mirror, frame, republish,
download, transmit, or create derivative works of the Content
of others, in whole or in part, by any means. You must not
modify, decompile, or reverse engineer any software Parul
Academy discloses to you, and you must not remove or modify
any copyright or trademark notice, or other notice of
ownership.
"Parul Academy Trademarks"
means all names, marks, brands, logos, designs, trade dress,
slogans and other designations Parul Academy uses in
connection with its products and services. You may not remove
or alter any Parul Academy Trademarks, or co-brand your own
products or material with Parul Academy Trademarks, without
Parul Academy's prior written consent. You acknowledge
Parul Academy's rights in Parul Academy Trademarks and
agree that any use of Parul Academy Trademarks by you shall
inure to Parul Academy's sole benefit. You agree not to
incorporate any Parul Academy Trademarks into your trademarks,
service marks, company names, internet addresses, domain
names, or any other similar designations, for use on or in
connection with computer or internet-related products,
services or technologies.
Unless explicitly
stated herein, nothing in these Terms shall be construed as
conferring any license to intellectual property rights,
whether by estoppels, implication, or otherwise. Permission is
granted to display, copy, distribute and download Content
owned by Parul Academy on this Site provided that: (a) the
copyright notice pertaining to the Content remains, and a
permission notice (e.g., "used with permission") is
added to such Content; (b) the use of such Content is solely
for personal and non-commercial use; (c) such Content will not
be copied or posted on any networked computer or published in
any medium, except as explicitly permitted by valid permission
or license covering such materials; and (d) no modifications
are made to such Content. This permission terminates
automatically without notice if you breach any of the terms or
conditions in this document. Upon termination, you must
immediately destroy any downloaded and/or printed Content.
- Parul Academy reserves the right to suspend
(deactivate) and/or terminate (delete) any user with or
without notice at any time in its sole discretion, for any
reason or no reason. You agree that, if you are suspended
and/or terminated, you will make no further use of the Site
after termination (deletion of profile) or during suspension
(deactivation of profile).
- USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE
EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION,
SERVICES, AND CONTENT, IS PROVIDED ON AN "AS IS",
"AS AVAILABLE", AND "WITH ALL FAULTS"
BASIS. PARUL ACADEMY DISCLAIMS ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND,
INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A
PARTICULAR PURPOSE. PARUL ACADEMY MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS,
QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE
SITE.
PARUL ACADEMY MAKES NO WARRANTY OR
REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR
RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM
TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY
ERRORS IN THE SITE WILL BE CORRECTED.
YOU
ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE,
INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
- SITE OFFERS A MARKETPLACE FOR THOSE SEEKING TUTORING
SERVICES. YOU UNDERSTAND AND AGREE THAT PARUL ACADEMY HAS NO
CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER AND THAT PARUL
ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE
QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND
AND AGREE THAT PARUL ACADEMY IS NOT RESPONSIBLE FOR THE
PERFORMANCE OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER
OF THE SITE. AS SUCH, PARUL ACADEMY EXPRESSLY DISCLAIMS ANY
AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS,
SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY
RELATED TO THE SITE.
USERS OF THE SITE TRANSACT
BETWEEN THEMSELVES. PARUL ACADEMY WILL NOT BE INVOLVED IN ANY
USER INTERACTIONS. PARUL ACADEMY IS NOT RESPONSIBLE FOR
DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT
MIGHT ARISE DURING AND AFTER USER INTERACTION.
YOU UNDERSTAND AND AGREE THAT PARUL ACADEMY HAS NO CONTROL
OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND
THAT PARUL ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES
ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU
UNDERSTAND AND AGREE THAT PARUL ACADEMY IS NOT RESPONSIBLE FOR
THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY
USER. AS SUCH, PARUL ACADEMY EXPRESSLY DISCLAIMS, AND EACH
USER EXPRESSLY RELEASES PARUL ACADEMY FROM, ANY AND ALL
LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS,
INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED
TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR
OMISSIONS OF USERS ON OR OFF THE SITE.
TO THE
FULL EXTENT PERMITTED BY LAW, PARUL ACADEMY IS NOT LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT
LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE,
DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC
ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN
IF PARUL ACADEMY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY
COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER
THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT
(INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES
DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B)
THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES
PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT
LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF
TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE
OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION
USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL PARUL
ACADEMY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES
AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT
NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE
AMOUNT PAID BY YOU TO PARUL ACADEMY OR A PARUL ACADEMY
PARTNER, IF ANY, OR (B) INR 5000 (WHICHEVER IS LESS).
YOU AND PARUL ACADEMY AGREE THAT THE WARRANTY DISCLAIMERS AND
LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL,
BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN
TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE
GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION
BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND PARUL
ACADEMY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF
LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE
TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS
MAY BE PROVIDED FOR IN THIS SECTION 16.
- You agree and understand that you assume all risks
when using the Site, including without limitation any and all
of the risks associated with any online or offline
interactions with other Users.
- You agree to indemnify, defend, and hold harmless
Parul Academy and its subsidiaries, affiliates, shareholders,
officers, directors, agents, licensors, suppliers, other
partners, employees, and representatives from and against any
and all claims, demands, causes of action, losses, expenses,
damages and/or liabilities, including reasonable lawyer's
fees and court costs, incurred by Parul Academy in any way
related to your (a) acts and/or omissions on or off the site;
(b) violation of any rights of another, including without
limitation any alleged infringement of intellectual property
or other right of any person or entity relating to the Site;
(c) breach of these terms of use; (d) disputes with or between
other Users; (e) use and/or misuse of the site, including
without limitation any information, content and/or materials
thereon; (f) violation of any applicable law or regulation;
(g) inaccurate, untimely, incomplete or misleading User
information, including without limitation with respect to
registration, profile or eligibility; (h) misstatements and/or
misrepresentations; (i) use of links to third party websites,
including without limitation such websites' availability,
terms of use, privacy policy, information, content, materials,
advertising, products and/or services; (j) User information
and any acts or omissions with respect to such User
information; (k) use of any information in third-party
reports; (l) use of third party payment processing services;
(m) use of phone support services; and/or (n) use of any
services or products or any contracts or arrangements made or
provided based on information, content and/or materials
obtained on or through the site. You further agree that you
will cooperate as requested by Parul Academy in the defense of
such claims. Parul Academy reserves the right, at its own
expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by Users, and you
shall not, in any event, settle any claim or matter on behalf
of Parul Academy without the written consent of Parul Academy.
- Any controversy, claim, suit, injury or damage arising
from or in any way related to the Site, its use, its Tutor and
Institute conduct, or the Terms shall be settled by binding
arbitration in accordance with the commercial arbitration
rules of the Indian Council of Arbitration then in effect and
before a single arbitrator chosen by Parul Academy. Any such
controversy, claim, suit, injury or damage shall be arbitrated
on an individual basis, and shall not be consolidated in any
arbitration with any controversy, claim, suit, injury or
damage of any other party. The arbitration shall be conducted
in Kolkata, West Bengal and judgment of the arbitration award
may be entered into any court having jurisdiction thereof.
Parul Academy may seek any interim or preliminary relief from
a court of competent jurisdiction in Kolkata, West Bengal,
necessary to protect its rights pending the completion of
arbitration. Each party shall assume its own costs of
arbitration.
- You agree that any material breach of the Terms will
result in irreparable harm to Parul Academy for which damages
would be an inadequate remedy and, therefore, in addition to
its rights and remedies otherwise available at law, Parul
Academy will be entitled to equitable relief, including both a
preliminary and permanent injunction, if such a breach occurs.
You waive any requirement for the posting of a bond or other
security if Parul Academy seeks such an injunction.
- Academy may provide notice to Users via email, regular
mail, or posting notices or links to notices on the Site.
Parul Academy reserves the right at any time to modify,
suspend or terminate the services (or any part thereof),
and/or use of or access to them, with or without notice. Parul
Academy may also delete, or bar access to or use of, all
related information and files. Parul Academy will not be
liable to Users or any third-party for any modification,
suspension, or termination of service, or loss of related
information. Parul Academy may amend these Terms at any time
by posting the amended terms on this Site.
- This Agreement shall be governed by and construed in
accordance with Indian laws, without regard to choice of law
rules.
Any controversy, claim, suit, injury or
damage shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any controversy,
claim, suit, injury or damage of any other party. The
arbitration shall be conducted in Kolkata, West Bengal and
judgment of the arbitration award may be entered into any
court having jurisdiction thereof. Parul Academy may seek any
interim or preliminary relief from a court of competent
jurisdiction in Kolkata, West Bengal, necessary to protect its
rights pending the completion of arbitration. Each party shall
assume its own costs of arbitration.
- These Terms constitute the entire agreement between
you and Parul Academy relating to their subject matter, and
cancel and supersede any prior versions of the Terms. You may
not assign or otherwise transfer the Terms or any right
granted hereunder. You also may be subject to additional terms
and conditions that may apply when you use Parul Academy or
third-party products or services.