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Welcome to the EduStrokes website (the "Website"). By using or accessing
the Website and our courses (the "Service"), you are agreeing to comply
with and be bound by the following terms and conditions (the "Agreement")
Please review the following provisions of this Agreement carefully. If you do not
agree to all the terms and conditions contained in this Agreement in its entirety,
you are not authorized to use this Website or the Service in any manner or form.
Edustrokes.com is not available to individuals under the age of 18 and if you are
under the age of 18, you may not access or use the Website and/or Service in any
manner whatsoever. In addition to this Agreement, anyone downloading the course
is strictly prohibited as per our end user license agreement.
Acceptance of Agreement
You agree to the terms and conditions contained within this Agreement. This Agreement
constitutes the entire and only agreement between you and us, and supersedes all
prior or contemporaneous agreements, representations, warranties and understandings
with respect to the Website and access to the Service. We may amend this Agreement
from time to time in our sole discretion, without specific notice to you. The latest
Agreement will be posted at the Website, and you should review this Agreement prior
to using the Website and Service. By your continued use of the Website and Service,
you hereby agree to all the terms and conditions contained within the Agreement
in effect at the time. Therefore, you should regularly check this page for any and
all updates and changes.
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Registration
Registration with EduStrokes.com is necessary to become a member ("Member")
and access courses at the Service. When you register to become a Member, you agree
to provide accurate, current and complete information about yourself (the "Registration
Data") as prompted by our registration form. You also represent that we may
rely on your Registration Data as accurate, current and complete. In addition, we
may ask for credit card information or employ some other age verification measure.
The preceding information, except for credit card information to the extent that
such information may be used to charge any Registration fees or course fees, will
be used solely for proving your age. You agree to maintain and update your Registration
Data to keep it accurate, current and complete at such time that you access the
Service. Edustrokes.com reserves the right, in its sole discretion, to terminate
your registration for inaccurate, untrue, deceptive and/or incomplete Registration
Data.
Downtime The User acknowledges and accepts that computer and telecommunications systems are not fault-free and may from time to time require periods of downtime (being periods during which the Website and the Services are not available) for the purposes of repair, maintenance, upgrading and any other allied cause. Accordingly, Edustrokes.com does not guarantee uninterrupted availability of the Website, but it shall make reasonable efforts to minimize any periods when the Website is not available. The User accepts and acknowledges that any interruption in the availability of the websites for the above mentioned reasons are completely beyond the control of Edustrokes.com and consequently the User accepts that it shall have no claim for breach of contract or otherwise in respect of any such period of unavailability. Changes to Services and/or Website The User acknowledges and accepts that Edustrokes.com may from time to time alter any aspect of the Website or the Services as it thinks fit and without notice to Users. The User accepts that it shall have no claim for breach of contract or otherwise in respect of any such alteration.
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Limitation of Liability
Limitation of Liability EduStrokes.com shall have no liability whatsoever to
any User or third party in respect of any product advertised or offered for sale
on the Website ('Product').
EduStrokes.com shall have no liability whatsoever to any User or third party
in respect of any errors or omissions in the provision of the Services nor in respect
of any of the contents of the Website, for any indirect or consequential loss, loss
of business, revenue, profits, or saving which any User expected to make, or financial
loss of any sort.
EduStrokes.com expressly excludes all warranties in respect of the accuracy
of the contents of the Website. Except as expressly provided in these Terms and
Conditions, all warranties, conditions, representations or other terms implied by
statute or common law as to the quality of the Services or otherwise are excluded
to the fullest extent permitted by law.
The Site and Services may be offered in some countries only.
Use of some of the Site and/or Services may be country and/or language specific,
or specific to a certain product or service, geographic area, or other criteria
as informed within the applicable Site and Service descriptions.
The Site and Services provided herein may be network dependent and may require network
support. In order to be able to use the Services you may need to ensure that your
service provider supports data traffic delivery (GPRS) and that you have subscribed
to a GPRS service. Some networks have also other limitations that may affect your
ability to use the Site(s) and Services. You are responsible for obtaining any information
necessary regarding your abilities to use the Site(s) and the Services from your
respective service provider.
EduStrokes.com does not accept any responsibility for delays caused by mobile
network and / or ISP congestion and / or mobile handset failure.
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Username and Password
As part of the registration process, you will be asked to select a username and
password. We may refuse to grant any username, in our sole discretion, if the username
you select is invalid and/or inappropriate. Invalid and/or inappropriate usernames
include, but are not limited to, usernames that impersonate another person, are
protected by trademark law or other proprietary rights, those that may cause confusion
or those that are vulgar or otherwise offensive. You are solely responsible for
the confidentiality and use of your username and password. You agree not to transfer
or resell your username and/or password, or otherwise provide access to the Website
and/or Service to any third party. If you have reason to believe that your account
is no longer secure, you must promptly change your password by updating your account
information and immediately notify Edustrokes.com by e-mailing us at Email
ID. HOWEVER, YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR
USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH
YOUR ACCOUNT, EVEN UNAUTHORIZED ACTIVITIES.
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Editing, Deleting and Modification
We reserve the right, in our sole discretion, to add, modify or delete any documents,
information and/or other content appearing on the Website and Service. In addition,
we may add or discontinue the availability of a Course at any time, in our sole
discretion.
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Fees/Termination
You agree to pay for all charges incurred by you to access the course via our portal
site, via the payment method you specify and supply. Edustrokes.com reserves
the right to terminate your access to the Website for any reason or no reason, in
our sole discretion. Edustrokes.com may terminate your registration via any
reasonable means including, without limitation, by sending notice to you at the
e-mail address you provide in your registration or such other e-mail address(es)
as you may later provide to us. Such termination is effective upon transmittal to
your e-mail address(es) by Edustrokes.com. If Edustrokes.com terminates
your registration for breach of this Agreement, you will not be entitled to any
refund of any unused Registration fees, if any. Your purchase will be billed under
the name "Edustrokes."
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Cancellation/Refund Policy
If you have a Paid Registration, you may cancel your registration at any time and
you will no longer be billed for registration after the date of cancellation. However,
Edustrokes.com WILL NOT REFUND REGISTRATION PREVIOUSLY PAID AND/OR CHARGED
as of your cancellation date and your registration will remain active until the
end of the applicable monthly period.
Edustrokes.com�s cancellation/refund policy is disclosed to Members at the
time of registration and may be changed from time to time, in the sole discretion
of Edustrokes.com. These changes are effective upon posting at the Website
and/or the provision of notice to a Member. Notice may be provided to the Member
via e-mail or any other means that Edustrokes.com deems appropriate, in Edu
Strokes.com�s sole discretion.
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Online Content/Conduct
As a Member, you agree that you are solely responsible for the content and/or information
that you publish, transmit and/or post on the Website, as well as your conduct in
general at the Website and Service. You agree to use the Service in a manner consistent
with any and all applicable laws, rules and regulations and with the highest regard
to the intellectual property rights of Edustrokes.com and its licensors.
- Use or attempt to use, any method or technique to access and/or obtain unlocked
courses without payment thereof;
- Impersonate any other person or entity;
- Stalk" or otherwise harass any person via the Website;
- Engage in advertising to, or solicitation of, other Members to buy or sell any products
or services through the Website;
- Transmit any chain letters, "spam" or junk e-mail to other Members;
- Express or imply that any statements you make are endorsed by Edustrokes.com;
- Harvest or collect personal information about other Members whether or not for commercial
purposes;
- Use any robot, spider, site search/retrieval application, or other manual or automatic
device or process to retrieve, index, "data mine," or in any way reproduce
or circumvent the navigational structure or presentation of the Website and/or the
Service;
- Post, distribute or reproduce in any way any copyrighted material, trademarks, or
other proprietary information without obtaining the prior consent of the owner of
such proprietary rights;
- Upload, post, transmit, reproduce or distribute or in any way exploit any material
or information over which the User does not have proprietary or intellectual property
rights, whether such information is derived from the Website, the Services or any
other source, except with the express permission of the holder of either the proprietary
or intellectual property rights to that material or information;
- Upload, post, transmit, or distribute: any material or information which is in any
way unlawful, or which is potentially harmful, threatening, abusive, libellous,
pornographic or otherwise obscene, or racially, ethnically or otherwise objectionable;
- Reproduce, copy, sell, resell or otherwise exploit for any commercial purposes any
part of the Website or its contents (including but not limited to information accessible
through the Website) or the Services;
- Remove any copyright, trademark or other proprietary rights or notices contained
on the Website;
- Interfere with or disrupt the Website and/or Service or the servers and/or networks
connected to the Website and/or Service;
- Post, e-mail or otherwise transmit any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications equipment;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin
of any information transmitted through the Website or Service;
- "Frame" or "mirror" any part of the Website or Service;
- Use metatags or code or other devices containing any reference to Edustrokes.com
or the Website or Service in order to direct any person to any other website for
any purpose; and/or
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile
or otherwise disassemble any portion of the Website, Service, any Course, any software
used on or for the Website and/or Service, or cause others to do so.
Edustrokes.com reserves the right, but has no obligation, to reject any posting
that does not comply with these prohibitions or for any reason at all. Engaging
in any of the aforementioned prohibited practices shall be deemed a breach of this
Agreement and may result in termination of your membership, in the sole discretion
of Edustrokes.com, pursuant to the terms of this Agreement. Edustrokes.com
reserves the right to pursue any and all legal remedies against individuals who
engage in the aforementioned prohibited conduct.
Any attempt by any individual, whether or not a Member, to damage, destroy, tamper
with or vandalize this Website and/or Service, or any portion therein, or otherwise
interfere with the operation of the Website and/or Service, is a violation of criminal
and civil law and Edustrokes.com will diligently pursue all remedies in this
regard against any offending individual or entity to the fullest extent permissible
by law.
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Downloading from the Website
The User accepts and acknowledges that Edustrokes.com, its officers, employees,
agents, representatives of any sort, and advisers shall not in any way be liable
for any damages, loss, costs or expenses arising directly or indirectly from the
User's downloading of information and materials from the Website, and its reliance
or use of such information and materials for any purpose.
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Member Disputes
Edustrokes.com does not control the information provided by other Members that
are made available through our system. You may find other Member's information to
be offensive, harmful, inaccurate, or deceptive. Please use caution, commonsense,
and safety when using the Website. You are solely responsible for your interactions
with other Members. Because Edustrokes.com is not directly involved in Member
interactions, in the event that you have a dispute with one or more members or those
who have posted, viewed or used information on the Website, you hereby release Edu
Strokes.com and its Affiliated Parties, as defined herein below, from any and all
claims, demands and damages (actual, indirect and/or otherwise 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 and/or arising
out of your use of the Website and/or Services. Edustrokes.com reserves the
right, but has no obligation, to monitor disputes between you and other Members.
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Use of Your Information
We reserve the right, and you authorize us, to use and assign all information regarding
your Website and Service use, and any and all other personal information provided
by you, in any manner consistent with our Privacy Policy, as amended from time to
time, which is hereby made a part of this Agreement. We may monitor your Website
and Service usage and use this information as required by any law, regulation or
court order.
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License Grant
You are granted a non-exclusive, non-transferable, revocable and limited license
to access and use the Website, the Service and associated content in accordance
with this Agreement. Edustrokes.com may terminate this license at any time
for any reason.
You may use the Website and/or Service on one computer for your own personal, non-commercial
use. No part of the Website and/or Service may be reproduced in any form or incorporated
into any information retrieval system, electronic or mechanical. You may not use,
copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse
engineer or transfer the Website and/or Service, its associated content, or any
portion thereof. Edustrokes.com reserves any rights not explicitly granted
in this Agreement. You may not use any device, software or routine to interfere
or attempt to interfere with the proper working of the Website and/or Service. You
may not take any action that imposes an unreasonable or disproportionately large
load on the Edustrokes.com infrastructure.
Your right to use the Website and/or Service is not transferable. Access to, and
use of, the Service may be through a combination of user name and password ("Login").
If you access the Service through a Login, you must keep your Login strictly confidential.
For security reasons, we will not release passwords for any reason, other than to
a Member upon request and when specifically required by law or court order. Unauthorized
access to the Website and/or Service is a breach of this Agreement and a violation
of applicable law.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT EACH COURSE IS SUBJECT TO ITS OWN EULA,
TO WHICH YOU MUST AGREE TO PRIOR TO ACCESSING SUCH COURSE.
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Proprietary Rights
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion, software, services and other matters related to the Website,
Service, and each and every course are protected under applicable copyrights, trademarks
and other proprietary (including, but not limited to, intellectual property) rights.
The copying, redistribution or publication by you of any part of the Website, Service
and/or a course is strictly prohibited. You do not acquire ownership rights to any
course, content, document, software, services or other materials viewed, accessed
and/or obtained at or through the Website, Service. The posting of information or
material at the Website does not constitute a waiver of any right in such information
and materials by Edustrokes.com. Any rights not explicitly set forth herein are
reserved by Edustrokes.com and its licensors.
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External Links
The Website may provide, links to other Internet websites and/or resources. Because
Edustrokes.com has no control over such websites and/or resources, you hereby
acknowledge and agree that Edustrokes.com is not responsible for the availability
of such third party websites and/or resources. Furthermore, Edustrokes.com does
not endorse, and is not responsible or liable for, any content, advertising, products
and/or other materials at or available from such third party websites or resources,
or for any possible damages and/or losses arising there from.
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Indemnification
You agree to indemnify, defend and hold harmless Edustrokes.com, its parents,
subsidiaries, affiliates, officers, directors, employees, agents, shareholders,
licensors and suppliers (collectively, "Affiliated Parties") from and
against all losses, expenses, damages and costs, including reasonable attorneys'
fees, in-house counsel time and settlement costs, resulting from any violation of
this Agreement and/or your use of the Website and/or Service. The provisions of
this paragraph are for the benefit of Edustrokes.com and its Affiliated Parties.
Each of these individuals and entities shall have the right to assert and enforce
these provisions directly against you on its own behalf.
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Warranties / Limitation of Liability
The website, service and each and every course, is provided on an "as is"
and "as available" basis. Except as explicitly contained in this agreement,
all warranties, express or implied, are disclaimed (including, but not limited to,
the disclaimer of any warranties of merchantability, non-infringement of intellectual
property and/or fitness for a particular purpose). The website, service and each
and every course may contain bugs, errors, problems or other limitations. We and
our affiliated parties have no liability whatsoever for your use of, or inability
to use, the website, service or a course. In particular, but not as a limitation
thereof, we and/or our affiliated parties are not liable for any indirect, special,
incidental or consequential damages (including damages for loss of business, loss
of profits, litigation, or the like), whether based on breach of contract, breach
of warranty, tort (including negligence), product liability or otherwise, even if
advised of the possibility of such damages. The negation of damages set forth above
is a fundamental element of the basis of the bargain between you and us. The website,
the service, each and every course and information contained therein, would not
be provided without such limitations. No advice or information, whether oral or
written, obtained by you from us through the website, the service or a course shall
create any warranty, representation or guarantee not expressly stated in this agreement.
We and our affiliated parties are not responsible for any incorrect or inaccurate
content posted on the website or provided in connection with the service, whether
caused by individuals, members or by any of the equipment or programming associated
with or utilized in the website and service, nor for the conduct of any individual
and/or member of the service, whether online or offline. We assume no responsibility
for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to or alteration
of, individual and/or member communications.
Under no circumstances will we and/or our affiliated parties be responsible for
any loss or damage resulting from anyone's use of the website or service and/or
any content posted on the website or transmitted to any members. We cannot guarantee,
and do not promise, any specific results from use of the website and/or service.
We and/or our affiliated parties are not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems, servers,
computer equipment, software or failure of e-mail on account of technical problems
or traffic congestion on the internet or at any website or any combination thereof
including, but not limited to, injury or damage to an individual's, member's or
to any other person's computer related to, or resulting from, participating or downloading
courses and/or materials containing viruses or other malicious code in connection
with the website or service.
Notwithstanding the foregoing, we and/or our affiliated parties shall not be liable to you for any
services, goods or information available from third parties, even if obtained at
or through the website, service or a course.
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Taxes
The User acknowledges and agrees that Edustrokes.com shall not be held
responsible for the calculation, collection or reporting of any value added tax,
other sales tax, or tax or fee of whatever nature assessed by any jurisdiction having
taxing authority over any sale or other contract.
The User warrants that it shall comply with all applicable laws and regulations
with respect to taxes, and shall indemnify EduStrokes.com against any and all
damages and costs incurred as a result of the User's failure to comply with its
obligations under this Condition.
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Miscellaneous
You are solely responsible for providing all personal computer and
communications equipment necessary to gain access to the Website and Service, and
to use the Courses downloaded or accessed herein.
This Agreement shall be treated as though it were executed and performed in Chennai
and shall be governed by and construed in accordance with the laws of the State
of Tamilnadu (without regard to its conflict of law principles).
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Force Majeure
Edustrokes is not liable for failure of functioning of the website if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.
If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event described in the above Clause.
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Dispute Resolution
Should a dispute arise concerning the terms and conditions of this Agreement, or
the breach of same by any party hereto, the parties agree to submit their dispute
for resolution by arbitration before the Indian Arbitration Association in Chennai,
In the state of Tamil Nadu, Republic of India, in accordance with the current Commercial
Arbitration rules of the Indian Arbitration Association then in effect. Any award
rendered shall be final and conclusive to the parties and a judgment thereon may
be entered in any court of competent jurisdiction.The Arbitral Proceedings shall comprise of a Sole Arbitrator appointed by EduStrokes and shall be governed by the provisions of the Indian Arbitration and Conciliation Act, 1996. The place of Arbitration shall be Chennai and the language shall be English.
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Jurisdiction
The parties submit themselves exclusively to the jurisdiction of Courts in Chennai City.
Should any part of this Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining portions shall
remain in full force and effect.
To the extent that anything in or associated with the Website, Service and/or a
Course is in conflict or inconsistent with this Agreement, this Agreement shall
take precedence. Our failure to enforce any provision of this Agreement shall not
be deemed a waiver of such provision nor of the right to enforce such provision.
Edustrokes.com does not guarantee continuous, uninterrupted or secure access
to the Website, Service and/or a Course, and operation of the Website, Service and/or
a Course may be interfered with by numerous factors outside of Edustrokes.com's
control.
The online course offered by EduStrokes.com is only a value added.
This Agreement sets forth the entire understanding and agreement between you and
Edustrokes.com with respect to the subject matter hereof.
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