TERMS OF SERVICE AGREEMENT/TERM AND CONDITIONS
LAST REVISION: [30-3-2020]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY
USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this
website, www.edujoo.com offer of product/products (means course/courses) for
purchase on this Website, or your purchase of products available on this Website.
This Agreement includes, and incorporates by this reference, the policies and
guidelines referenced below.
www.edujoo.com reserves the right to change or revise the terms and conditions
of this Agreement at any time by just posting any changes or a revised Agreement
on this Website without any prior notice to users. www.edujoo.com will alert you
that changes or revisions have been made by indicating on the top of this Agreement
the date it was last revised. The changed or revised Agreement will be effective
immediately after it is posted on this Website. Your use of the Website
following the posting any such changes or of a revised Agreement will constitute
your acceptance of any such changes or revisions. www.edujoo.com encourages
you to review this Agreement whenever you visit the Website to make sure that you
understand the terms and conditions governing use of the Website. This Agreement
does not alter in any way the terms or conditions of any other written agreement you
may have with www.edujoo.com for other products or services. If you do not agree to
this Agreement (including any referenced policies or guidelines), please immediately
terminate your use of the Website. If you would like to print this Agreement, please
click the print button on your browser toolbar.
- PRODUCTS
Terms of Offer. This Website offers for sale certain products (the “Products”). By
placing an order for Products through this Website, you agree to the terms set forth
in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct
www.edujoo.com sales reps, while they are calling you, of your desire to opt out from
further direct company communications and solicitations, you are agreeing to
continue to receive further emails and call solicitations www.edujoo.com and its
designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
- You may use the opt out link found in any email solicitation that you may receive.
- You may also choose to opt out, via sending your email address to: edujoo888@gmail.com
- You may send a written remove request to www.edujoo.com.
Proprietary Rights. www.edujoo.com has proprietary rights and trade secrets in the
Products. You may not copy, reproduce, resell or redistribute any Product
manufactured and/or distributed by www.edujoo.com. www.edujoo.com also has
rights to all trademarks and trade dress and specific layouts of this webpage,
including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any
applicable sales tax.
- WEBSITE
Content; Intellectual Property; Third Party Links. In addition to making Products
available, this Website also offers information and marketing materials. This Website
also offers information, both directly and through indirect links to third-party websites,
about nutritional and dietary supplements. www.edujoo.com does not always create
the information offered on this Website; instead the information is often gathered
from other sources. To the extent that www.edujoo.com does create the content on
this Website, such content is protected by intellectual property laws of the India,
foreign nations, and international bodies. Unauthorized use of the material may
violate copyright, trademark, and/or other laws. You acknowledge that your use of
the content on this Website is for personal, non-commercial use. Any links to third-
party websites are provided solely as a convenience to you. www.edujoo.com does
not endorse the contents on any such third-party websites. www.edujoo.com is not
responsible for the content of or any damage that may result from your access to or
reliance on these third-party websites. If you link to third-party websites, you do so at
your own risk.
Use of Website; www.edujoo.com is not responsible for any damages resulting from
use of this website by anyone. You will not use the Website for illegal purposes. You
will (1) abide by all applicable local, state, national, and international laws and
regulations in your use of the Website (including laws regarding intellectual
property), (2) not interfere with or disrupt the use and enjoyment of the Website by
other users, (3) not resell material on the Website, (4) not engage, directly or
indirectly, in transmission of “spam”, chain letters, junk mail or any other type of
unsolicited communication, and (5) not defame, harass, abuse, or disrupt other
users of the Website
License: By using this Website, you are granted a limited, non-exclusive,
non-transferable right to use the content and materials on the Website in
connection with your normal, non-commercial, use of the Website.
You may not copy, reproduce, transmit, distribute, or create derivative works
of such content or information without express written authorization from
www.edujoo.com or the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the Website, you hereby
grant www.edujoo.com a perpetual, worldwide, non-exclusive, royalty-free,
assignable, right and license to use, copy, display, perform, create derivative works
from, distribute, have distributed, transmit and assign such content in any form, in all
media now known or hereinafter created, anywhere in the world. www.edujoo.com
does not have the ability to control the nature of the user-generated content offered
through the Website. You are solely responsible for your interactions with other
users of the Website and any content you post. www.edujoo.com is not liable for any
damage or harm resulting from any posts by or interactions between users.
www.edujoo.com reserves the right, but has no obligation, to monitor interactions
between and among users of the Website and to remove any content www.edujoo.com
deems objectionable, in www.edujoo.com’s sole direction.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK.
THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. www.edujoo.com EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH
RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE
UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS”
INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, www.edujoo.com
MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE
IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY
WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE
WEBSITE.
- LIMITATION OF LIABILITY
www.edujoo.com ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW,
IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT
AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY
LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR
PRODUCTS PURCHASED VIA THE WEBSITE.
www.edujoo.com WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING
LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE
WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING
SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR
OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR
(4) ANY LOST PROFITS YOU ALLEGE.
- INDEMNIFICATION
You will release, indemnify, defend and hold harmless www.edujoo.com, and any of
its contractors, agents, employees, officers, directors, shareholders, affiliates and
assigns from all liabilities, claims, damages, costs and expenses, including
reasonable attorneys’ fees and expenses, of third parties relating to or arising out of
(1) this Agreement or the breach of your warranties, representations and obligations
under this Agreement; (2) the Website content or your use of the Website content;
(3) the Products or your use of the Products (including Trial Products); (4) any
intellectual property or other proprietary right of any person or entity; (5) your
violation of any provision of this Agreement; or (6) any information or data you
supplied to www.edujoo.com. When www.edujoo.com is threatened with suit or sued
by a third party, www.edujoo.com may seek written assurances from you concerning
your promise to indemnify www.edujoo.com; your failure to provide such assurances
may be considered by www.edujoo.com to be a material breach of this Agreement.
www.edujoo.com will have the right to participate in any defense by you of a third-
party claim related to your use of any of the Website content or Products, with
counsel of www.edujoo.com choice at its expense. www.edujoo.com will reasonably
cooperate in any defense by you of a third-party claim at your request and expense.
You will have sole responsibility to defend www.edujoo.com against any claim, but
you must receive www.edujoo.com’s prior written consent regarding any related
settlement. The terms of this provision will survive any termination or cancellation of
this Agreement or your use of the Website or Products.
- PRIVACY
www.edujoo.com believes strongly in protecting user privacy and providing you with
notice of www.edujoo.com ‘s use of data. Please refer to www.edujoo.com privacy
policy, incorporated by reference herein, that is posted on the Website.
The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
- AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read
and agree to be bound by this Agreement and all terms and conditions on this
Website.
VIII. GENERAL
www.edujoo.com will not be deemed in default hereunder or held responsible for
any cessation, interruption or delay in the performance of its obligations hereunder
due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism,
armed conflict, labor strike, lockout, disease outbreaks, or boycott.The Company shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our products and Services.
Cessation of Operation: www.edujoo.com may at any time, in its sole discretion and
without advance notice to you, cease operation of the Website and distribution of the
Products.
Entire Agreement: This Agreement comprises the entire agreement between you
and www.edujoo.com and supersedes any prior agreements pertaining to the subject
matter contained herein.
Effect of Waiver. The failure of www.edujoo.com to exercise or enforce any right or
provision of this Agreement will not constitute a waiver of such right or provision. If
any provision of this Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect
to the parties’ intentions as reflected in the provision, and the other provisions of this
Agreement remain in full force and effect.
Governing Law; Jurisdiction: This Website originates from the Gujarat. This
Agreement will be governed by the laws of the State of Gujarat without
regard to its conflict of law principles to the contrary. Neither you nor
www.edujoo.com will commence or prosecute any suit, proceeding or claim to
enforce the provisions of this Agreement, to recover damages for breach of or
default of this Agreement, or otherwise arising under or by reason of this
Agreement, other than in courts located in State of Gujarat. By using this
Website or ordering Products, you consent to the jurisdiction and venue of
such courts in connection with any action, suit, proceeding or claim arising
under or by reason of this Agreement. You hereby waive any right to trial by
jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Website or
Products or this Agreement must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU
HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS
WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR
PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR
CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. www.edujoo.com reserves the right to terminate your access to the
Website if it reasonably believes, in its sole discretion, that you have breached any
of the terms and conditions of this Agreement. Following termination, you will not be
permitted to use the Website and www.edujoo.com may, in its sole discretion and
without advance notice to you, cancel any outstanding orders for Products. If your
access to the Website is terminated, www.edujoo.com reserves the right to exercise
whatever means it deems necessary to prevent unauthorized access of the Website.
This Agreement will survive indefinitely unless and until www.edujoo.com chooses,
in its sole discretion and without advance to you, to terminate it.
Access to our sites is permitted on a temporary basis, and we reserve the right to
withdraw or amend the service we provide on our sites without notice. We shall not
be liable if for any reason our sites are unavailable at any time or for any period.
If you choose, or you are provided with, a username or user identification code,
password or any other information as part of our security procedures, you must treat
that information as confidential, and you must not disclose it to any third party. We
have the right to disable any username or user identification code or password,
whether chosen by you or allocated by us, at any time, if in our opinion you have failed
to comply with any of these Terms or the terms of any of our programmes.
You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify the Company of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to the Company, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to You for any damages arising from Your inability to log into Your account and access the services of the Application at any time.
Domestic Use: www.edujoo.com makes no representation that the Website or
Products are appropriate or available for use in locations outside India. Users who
access the Website from outside India do so at their own risk and initiative and must
bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to
anyone. www.edujoo.com may assign its rights and obligations under this
Agreement in its sole discretion and without advance notice to you.
NO REFUND POLICY: ONCE YOU PERCHAGE A COURSE (OR COURSES) FROM www.edujoo.com , www.edujoo.com WILL NOT GIVE YOU ANY FULL OR PART REFUND OF FEE OF A COURSE (OR COURSES) IN ANY CIRCUMSTANCES.
You are a restricted user of this website.
- You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute,disseminate, post, publish or create derivative works from, transfer, or sell any information orsoftware obtained from the website. With our prior permission limited use may be allowed.For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying ofthe content for commercial or non-commercial purposes and unwarranted modification of dataand information within the content of the Website is not permitted.
- You agree not to access (or attempt to access) the Website and/or the materials or Services byany means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or anysimilar or equivalent manual process, to access, acquire, copy or monitor any portion of theWebsite or Content, or in any way reproduce or circumvent the navigational structure orpresentation of the Website, materials or any Content, to obtain or attempt to obtain anymaterials, documents or information through any means not specifically made availablethrough the Website. You acknowledge and agree that by accessing or using the Website orServices, You may be exposed to content from other users that You may consider offensive,indecent or otherwise objectionable. We disclaim all liabilities arising in relation to suchoffensive content on the Website. Further, You may report such offensive content.
- In places where this website allows you to post or upload data/information, You undertake toensure that such material is not offensive and in accordance with applicable laws. Further, Youundertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post any file that infringes the copyright, patent or trademark of other legal entities;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
- Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
Disclaimer
- The Video Content has been made available for informational and educational purposes only. www.edujoo.com & its proprietor does not make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the Video Content. www.edujoo.com & its proprietor does not warrant the performance, effectiveness or applicability of any Video Content.
- The Video Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on the www.edujoo.com.
- The Producers, Writers and Actors of these video(s) have used their best efforts in producing these video(s) but neither Producers, Writers nor Actors of these video(s) make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this video. The information contained in these video(s) is strictly for entertainment and informational purposes. Therefore, if you wish to apply concepts or ideas contained in these video(s), you are taking full responsibility for your actions.
Neither the Producers, Writers or Actors, nor the copyright holder or assigned users of these video(s) shall in any event be held liable to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided as is, and without warranties.
No part of this Video(s) may be copied, or changed in any format, sold, or used in any way other than what is outlined within this under any circumstances.
- www.edujoo.com & its proprietor both hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Video Content, which is provided as is, and without warranties.
- We do not guarantee that our sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our sites. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our sites or to your downloading of any content on them, or on any website linked to them.
BY USING THIS WEBSITE OR ORDERING PRODUCT/PRODUCTS (COURSE/COURSES) FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
