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.