Terms & Conditions
The following terms and conditions (“Terms & Conditions” or “Terms” or “T&Cs”) govern all use of the EdgeVarsity website platform (the “Platform”), including any use or viewing of any Content (defined below), services and products available at or through the Platform (collectively, “Services”), by Platform visitors and participants (collectively, “Users”), both unregistered and registered (“Registered Users”). The Platform is owned and operated by EdgeVarsity, with business address at #307, Third Floor, Raheja Chambers, 12, Museum Road, Bangalore- 560 001, Karnataka, India and mailing address at First Floor, Reliaable Phoenix Towers, 16 & 16/1, Museum Road, Bangalore- 560 001, Karnataka, India e-mail [firstname.lastname@example.org], (“EdgeVarsity” or the “Company”). The Services are offered to each User subject to such User’s acceptance of all of these Terms & Conditions and all other applicable terms and conditions, operating rules, policies and procedures that are communicated from time to time on or through the Platform by EdgeVarsity.
A User should read the T&Cs carefully before browsing or accessing the Platform or any Content or using any Services. By browsing, accessing or using any part of the Platform, including the registration by a Registered User to open an account (a “User Account”), a User agrees to be bound by these Terms & Conditions. If a User disagrees with or cannot follow these Terms & Conditions (in part or in whole), then such User should not browse or access the Platform, use any Services or register to create a User Account.
These T&Cs include the following sections:
- Platform General Description
- Categories of Users
- User Registration with the Platform
- Specific Provisions for Content hosted on the Platform
- User Contacts
- General Rules related to Website and Contents
- Course Materials
- Payment Terms, Cancellation & Refund
- Legal nature of the Platform - Disclaimers – Limitation of Liability
- Intellectual Property
- Applicable Law & Jurisdiction
I. Platform General Description
- Welcome to EdgeVarsity the e-learning Platform, designed for enhancing the skill and employability of this generation through the unique courses developed by industry veterans with the help of immersive learning technologies. This platform has been developed as an informative, educational and skill development platform targeted mainly to graduates and professionals with an aim to provide Content and Services to enable Users to:
- access an online platform where Users can avail the courses offered to enhance their employability using the curriculum developed by our industry experts. The platform also provides an opportunity to stay up to date with the latest technologies and methods as well as have access to educational and informative materials including course materials and related articles, to connect with the experts; participate in webinars; find projects, events and participate in other activities offered on the Platform;
- access Content created by the Company by subscribing
- connect with Industry Experts and professionals and International Universities;
- receive promotional news and information;
- promote products and services that are related to the EdgeVarsity; and
- Content hosted on the Platform: The Platform hosts its own Content, including Course Materials, Articles, eBooks, Webinars and other items it creates. Access to the contents hosted are subject to payment of the relevant fees by Registered Users under the terms and conditions set forth in these T&Cs.
- Links to third party websites: Throughout these T&Cs there are references to instances where there may be links to third party websites. For any link to any third party website, we have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from a User’s use of any such third party website. If a User decides to access any third party website, it is done at the User’s own risk.
b)   Welcome to EdgeVarsity the e-learning Platform, designed for enhancing the skill and employability of this generation through the unique courses developed by industry veterans with the help of immersive learning technologies. This platform has been developed as an informative, educational and skill development platform targeted mainly to graduates and professionals with an aim to provide Content and Services to enable Users to:
c) Links to third party websites: Throughout these T&Cs there are references to instances where there may be links to third party websites. For any link to any third party website, we have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from a User’s use of any such third party website. If a User decides to access any third party website, it is done at the User’s own risk.
II. Categories of Users
a) General Notes: The Platform’s Content is mainly targeted to graduates and professionals. Some parts of the Platform require a User to register and create a User Account in order to preliminarily verify the user’s professional status. Please note, however, that the Platform is not able (and is under no legal or statutory obligation) to confirm or warrant the correctness, accuracy and the truth of any User’s data. The registration process is used only as a basic verification mechanism to potentially discourage non-serious Users as well as to avoid registrations by malicious systems and bots to the extent possible. Overall, the purpose of such registration is to enhance, the reliability of the Platform as an online educational service provider and to promote the goals of the Platform.
Users can be divided into the following categories, depending on the Content they can access in the Platform:
Users:All Users visiting the Platform, can browse the Platform and have access to general Content. All Users can access the platform and only registered users can access the course materials, eBooks and other related materials hosted by the Company.
Registered Users: Registered Users are users who register and create a User Account with the Platform in order to have access to the course materials offered by EdgeVarsity and becomes subscribers to the products and services hosted on the platform.
III. User Registration with the Platform
- To register with the Platform and create User Account, a User must be an individual.
- Firms or Organisations are requested to do the registration separately through our customer care.
- Register on-site, by filling in personal details (name and e-mail address); a User is then required to confirm registration by clicking on an activation link which is sent to the User at the email provided, for verification purposes; or
- Register via a profile on LinkedIn; Users who sign-up through LinkedIn are automatically activated, as it is considered that their email verification (double opt-in) has been already executed at the time of their registration in LinkedIn.
- Upon registering to the Platform, a Registered User creates: i) a User Account, including the above mandatory personal data and ii) a User Profile where each registered User can provide any personal data it wishes to voluntarily provide. More specifically:
- “User Account”: is only used by the Platform for internal purposes (relationship between the User and Platform)—User Account data is not visible to other Users and is not transferred to any third party.
- “User Profile”: is the profile that the User wishes to have in the Platform, which may be visible to other Users. Each User can decide what information to include in the User Profile and the extent such information will be visible to the public and other Users.
- Users understand and acknowledge that they should provide the Platform only with data and information that is true, accurate and updated, as well as lawfully acquired and to keep this data and information accurate, true and updated at all times (and make any changes/updates necessary by using the appropriate settings in their User Account and/or User Profile). The Platform does not necessarily audit nor verify any of the data provided. However, the Platform reserves the right (but is under no obligation) to ask for more information from the Registered User and/or to seek clarifications regarding specific information and/or to refuse registration and/or to suspend or delete any User Account and Profile if any violation of the above comes to the Company’s attention. In any event, Users agree to hold harmless and bear full responsibility for all damages accrued to the Company in case of violation of the above obligations.
- The Platform reserves the right to refuse to open a User Account and/or to refuse any Content submitted by a Registered User, and/or to delete or suspend the User Account and the related User Profile if it comes to the attention of the Platform and/or if it is notified by a third party that the User has fake or false or non-accurate data, at any time. Also, the Platform reserves the right to terminate the User Account as provided in article XI below.
- Account name and Password:
- Registration on-site: If a User signs up on site in the Platform, his/her registered email shall automatically become the account name; the User can change it any time with another account name. This practically means that, to change his/her account name to the Platform, the User will also have to change the e-mail address or use another e-mail address. To complete the creation of the personal User Account, Platform shall automatically generate a default password and send it to the email address of the User. The User shall then enter the User’s User Account by activating the default password. A User must then select a secret password. Users are advised to regularly change the password for security reasons; Users should also avoid using the same and/or easily detectable password(s) by introducing, where possible, not only letters and numbers, but also symbols in multiple combinations. In the event the User forgets the password, he/she may select the relevant “Forgot my Password” field and instructions will be sent to the User’s email in order to change the password. The account name and password shall identify uniquely each User in the Platform.
- Registration via LinkedIn: In case a User registers via his/her LinkedIn account, the name such User uses on LinkedIn will also appear as his/her Account name. In this case, where a User logs in using LinkedIn, the User will not select a new password, but will sign-in through LinkedIn. In case a User forgets his/her password, he/she must follow the password retrieval procedures of LinkedIn further to its (LinkedIn) applicable Terms and Conditions and processes. Otherwise access and use of his/her Account and Profile in the Platform will not be possible.
- Each User Account and User Profile are personal and non-transferable. Each Registered User is responsible to retain the secrecy and non-disclosure of such Use’s password from third parties. The Platform also highly recommends that a Registered User not allow the access and use of its User Account and User Profile by any third party and not to share their secret password with anyone else.
- Any act and/or omission through the User Account (including, but not limited to, the posting of Content, reviews, comments etc., the provision of information in the User Account, the submission of a takedown notice, the submission of a purchase and/or payment order etc.) shall be reasonably considered by the Platform as the act and/or omission of the Registered User, conducted with the Registered User’s prior approval and shall be binding on that Registered User. Each Registered User is solely responsible for the safety of his/her User Account and User Profile as well as for any loss or damage occurred to the User and/or to a third party and/or to the Platform from the use of that User Account up to the moment the User explicitly notifies us, at email@example.com, of any unauthorized access and/or use of his/her Account or any other breaches of security. This notification applies for any subsequent use. EdgeVarsity will not be liable for any acts or omissions by Users, including any damages of any kind incurred as a result of such acts or omissions and, where applicable, shall reasonably rely on the warranties and representations of the User.
- If a Registered User wishes to delete the Registered User’s applicable User Account, such Registered User may e-mail the Platform at firstname.lastname@example.org with a request to delete the User Account. As soon as the User Account is deleted the associated User Profile will also be automatically deleted. Following such a request, EdgeVarsity will permanently delete the User Account, as well as any data contained in the User Account and in the User Profile and all Content the User has submitted to the Platform as a Registered User, within fifteen (15) days from the submission of the User’s deletion request. The provisions of article XI below also apply.
- A Registered User acknowledges that by submitting a request to delete the applicable User Account, EdgeVarsity will permanently delete the User’s data and Content hosted in the Platform as well as any other data hosted in the applicable User Account on behalf of the Registered User and that such User will no longer be able to retrieve such information. The Platform shall not be liable for any damages caused from this deletion of the data and Content.
- EdgeVarsity reserves without limitation the right to suspend and/or delete any User Account and User Profile according to the provisions of the Terms and Conditions, including but not limited to the provisions of article XI below.
- Your use of our products, Website, Application and Services is solely for Your personal and non-commercial use. Any use of the Application, Website, Services or products or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Application, Website, products and / or our Services shall be subjected to the following restrictions:
- You may not decompile, reverse engineer, or disassemble the contents of the Application and / or our Website and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and / or our Website and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or and / or our Website and/or Services/products.
- You will not (a) use this Application and / or our Website and/or any of our product/s or Service/s for commercial purposes of any kind, or (b) advertise or sell the Application or any products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Application and / or Website/our products and Services in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company.
- No User shall be permitted to perform any of the following prohibited activities
while availing our Services:
- Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
- Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- Interfering with any other person’s use or enjoyment of the Application/Website/ Services;
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
- Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
- Access or use the Application/Website/Services/products in any manner that could damage, disable, overburden or impair any of the Application’s/Website’s servers or the networks connected to any of the servers on which the Application/Website is hosted;
- Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application/Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/Services/products, or engage in any activity prohibited by these Terms;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Application/ Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Website/Services/products or any affiliated or linked sites;
- Interfere with, or inhibit any user from using and enjoying access to the Application/Website/ Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Application/Website/Services/products;
- Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services/products, to access, acquire, copy or monitor any portion of the Application /Website/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/products;
- After or modify any part of the Services;
- Use the Services for purposes that are not permitted by:
IV. Specific Provisions for Content Hosted On the Platform
- In the preparation of the Application/Website/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application. Any feedback from User is most welcome to make the Application and contents thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Our Website provides Users with access to compiled educational information and related sources. Such information is provided on an As Is basis and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without the Company’s prior written consent.
- The contents of the Application/Services/products are developed in structured format meeting the quality of curriculum used by global institutions. The usage of the Application/Services/products is intended to enhance the theoretical as well as practical knowledge of students registering in our website. The Company acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Application/Services/products does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Application or usage of our Services/Website/products does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
- Certain contents in the Application/Services/Website/products may contain opinions and views. The Company shall not be responsible for such opinions or any claims resulting from them. Further, the Company makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
V. User Contacts
- The Company may, based on any form of access to the Application (including free download/trials) or Services or Website or registrations through any source whatsoever, contact the User through sms, email, Whatsapp and call, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail, Whatsapp and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to Our employees, associates and partners so that you may be contacted for education information and promotions through telephone, SMS, email, Whatsapp etc.
- While the Company may, based on the User’s confirmation, facilitate the demonstration of its products at the location sought by the User, the User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the products and that User has relied solely on the investigations, examinations and inspections as the User has chosen to make and that the Company has afforded the User the opportunity for full and complete investigations, examinations and inspections.
- Upon registration through any means whatsoever, the Company may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services. The User expressly permits the Company to contact him/her and the student utilising the Services, through the above mentioned means at any time post registration. .-. Further, the Company shall have the right to monitor the download and usage of the Application/Services/products and the contents thereof by the User/student, to analyze such usage and discuss the same with the User/student to enable effective and efficient usage of the Services. The User expressly permits the Company to clear the doubts of the student using the Application/Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail on express consent of the legal guardian/parent of the User or through any other forum.
VI. General Terms and Conditions
- While the Company has made efforts to train the personnel engaged in the sales and services relating to its products to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Company reserves the right and discretion to take any action in this regard.
- Access to certain elements of the Services including doubt clearance, mentoring services etc may be subject to separate terms, conditions and fair usage policy. The Company reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Application/products or registrations do not automatically entitle the User to any and all elements of Services provided by the Company and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion.
- The Company’s products and / or Services, including the Application and content, are compatible only with certain devices/tablets/instruments/hardware. The Company shall not be obligated to provide workable products and / or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Company’s products and Services. The company reserves the right to upgrade the table/ type of compatible devices as required from time to time.
- The Company shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from use of our products and Services.
- User acknowledge that the Company is not the manufacturer of the instrument / medium / hardware and hence, any defect relating to the same shall be reported to the manufacturer whose details shall be specified on the packaging and the Company shall not be in any manner responsible for the same. The Company does not provide any guarantee or warranty relating to the instrument/medium/hardware.
- In order to encourage Customer Retention and Loyalty, EdgeVarsity encourages its
Customers, Fintech Partners and other stakeholders to refer customers to buy EdgeVarsity
Products & Services. Company at its option can pay referral bonus subject to
applicable laws. Since this is an optional selective policy of the Company, the decision
of the Company is final and the same cannot be either disputed or challenged. It should
be noted with abundant caution that no Customer, Fintech Partner or other stake holder
shall do business with the Company in anticipation of such Bonus. Company shall not be
held responsible if some Customer has done business with the objective of getting
referral bonus as Bonus paid by the Company is purely dependent on its own discretion
based on internal parameters and various demographic and economic factors. The following
may be noted:-
- It is sole responsibility of User to ensure that the account information provided is accurate, complete and latest.
- User shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under their account. User agree to (a) ensure that they successfully log out from their account at the end of each session; and (b) immediately notify the Company of any unauthorized use of their account. If there is reason to believe that there is likely to be a breach of security or misuse of User account, we may request User to change the password or we may suspend User 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.
- User acknowledge that their ability to use their 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 User for any damages arising from Users inability to log into their account and access the services of the Application at any time.
- Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all our products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for our products or Services. As a minor if User wish to use products or Services, such use shall be made available to the User by their legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of our Application or any of our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services User warrant that all the data provided by them is accurate and complete and that student using the Application has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate User subscription and / or refuse to provide with access to the products or Services if it is discovered that User is under the age of 18 (eighteen) years and the consent to use the products or Services is not made by parent/legal guardian or any information provided is inaccurate. User acknowledge that the Company does not have the responsibility to ensure that User conform to the aforesaid eligibility criteria. It shall be Users sole responsibility to ensure that User meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Application.
- User agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) User’s use of and access of the Application/Website/Services; (ii) User’s violation of any term of these Terms or any other policy of the Company; (iii) User’s violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that User’s use of the Application/Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.
- In no event shall the Company, its officers, directors, employees, partners or agents be liable to User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, User’s use of, or access to, the Application.
- In the event of User’s breach of these Terms, User’s agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.
- Any violation by User of the terms of this Clause may result in immediate suspension or termination of User’s Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose User’s Account Information if required by any Governmental or legal authority. User understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
- The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore and User hereby accede to and accept the jurisdiction of such courts.
- The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, the Company has the right to amend these Terms from time to time without prior notice to User. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Application. User agree that the Company shall not be liable to User or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.
VII. Course Materials:
Course Materials are created by the Company for providing e-learning to the registered users of EdgeVarsity in the form of e-book, audio and video.
VIII. Payment Terms, Cancellation & Refund
All payment obligations are non-cancelable, all amounts paid are non-refundable and paid fees may not be transferred to or used for other Users in the Platform. The user shall have to pay applicable tax over above the designated fee for availing the Services.
IX. Legal Nature of the Platform - Disclaimers – Limitation of Liability
- It is clarified that except for Content it expressly creates, the Platform is not intended to act and should not be regarded as a publisher. To mitigate the possibility of inappropriate content, the Platform has put in place and apply the aforementioned reasonable precautionary measures and undertakes reasonable efforts not to post infringing, unlawful or undesirable Content.
- The Platform may contain hyperlinks (links) to third-party websites. Platform does not control nor review the Content of such links and bears no responsibility for the Content and the services of those third party websites, nor does it warrant the continuous and safe accessibility to them as laid down in article I above.
- The Platform and the Services are provided “as is” and “as
available” using a commercially reasonable level of skill and care. Except as
expressly stated in these Terms & Conditions, EdgeVarsity does not provide and
expressly disclaims warranties, conditions or undertakings of any kind in relation to
the Services, either express or implied, including, without limitation, warranties of
merchantability and fitness for a particular purpose. No advice or information, whether
oral or written, obtained by Users from EdgeVarsity or through the Services will create
any warranty not expressly stated or incorporated herein. Without limiting the
foregoing, EdgeVarsity, its subsidiaries, its licensors and affiliates, do not warrant
that any Content is accurate, true, reliable, correct or complete.
EXCEPT AS EXPRESSLY PROVIDED IN WRITING, A USER’S USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES THROUGH THE PLATFORM IS AT THE USER’S OWN RISK AND THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
- EdgeVarsity agrees to undertake reasonable efforts and technical measures so that the Services and access to the Platform can take place smoothly and without interruption and that an adequate level of security is maintained. However, EdgeVarsity does not guarantee that the Services and the Platform will be available without interruption and without errors. We are not liable, though, if for any reason, negligence included, despite the maintained security measures adopted by us, the operation of the Platform is interrupted or access to the Platform or the User Profiles becomes difficult and / or impossible or if viruses or other harmful software is identified and transmitted to the terminals of the users / visitors, or if third unauthorized parties intervene in any way to the Content and operation of the Platform making the use of it difficult or causing problems to its proper function. Moreover, we are not liable if the Platform is not accessible for reasons beyond our control as well as for reasons due to technical or other failure of the backbone network or for reasons of force majeure or incidental facts. In case of any loss or damage of the Content our sole liability and responsibility will be to repost the Content to the extent technically feasible from our periodic back-ups.
- We reserve the right: (a) to change at any time, without justification and without prior notice, partially or in total, the Terms & Conditions, the features and services provided, the Platform’s functionalities as well as the Platform’s versions or the provided Content and features, (b) to renew or upgrade or discontinue / stop, partially or in total, all of the Content of the Platform and/or any User Account, (c) to renew or upgrade partially or in total the external appearance (interface), the structure or composition (configuration) of the Platform and/or any User Account as well as their technical specifications, (d) to limit the access of the entire Platform to any registered or unregistered User. Moreover, EdgeVarsity reserves the right at any time, to cancel, suspend or pause or shut down its operation.
- Furthermore, Platform reserves the right to suspend and/or delete a User Account and/or refuse the opening of a User Account, at any time, for any reason, including in the event we become aware of a repeatedly infringing use of the Platform from any User and/or any Platform visitor and/or any third party, or in case we receive takedown notices regarding a User’s repeatedly infringing behaviour.
- TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM OR ANY CONTENT ON THE PLATFORM INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In no event shall EdgeVarsity, its officers, directors, employees, or agents, be liable to Users for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever. This limitation on liability includes, but is not limited to, (i) personal injury or property damage, of any nature whatsoever, resulting from the Users’ use of the Platform, (ii) any loss or damage due to unauthorized access to or use of our servers and/or any and all business information stored therein, (iii) any loss or damage due to interruption or cessation of transmission to or from our Platform or interoperability problems, (iv) any loss or damage due to bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, (v) any errors or omissions in any Content, (vi) any defamatory, offensive, or illegal conduct of any third party, (vii) any statement or conduct of any third party on the Platform (viii) any loss or damage resulting from the use, or inability to use, any portion of our website or the Platform or for any loss or damage of any kind in the User data, or (ix) any loss of revenue, profits, goodwill or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. In any case whatsoever to the extent permitted by applicable law, liability of the Platform is limited to the amount paid by such User in the prior six months. The limitations on liability apply whether liability is based on warranty, contract, tort, or any other legal theory, and whether or not EdgeVarsity is advised of the possibility of such damages.
X. Intellectual Property
EdgeVarsity Intellectual Property rights
Except as otherwise stated, the Platform and all text, images, marks, logos and other Content contained herein, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of EdgeVarsity or its licensors and are protected by applicable intellectual property laws. You may not modify, reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose except in accordance with the terms of the COMPANY Platform. A User may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Platform or any materials on the Site, except as expressly permitted by these T&Cs or other applicable policies. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials.
The EdgeVarsity logo and name and all other product or service names or slogans of EdgeVarsity displayed on the Platform are trademarks of EdgeVarsity and may not be copied, imitated or used, in whole or in part, without the prior written permission of EdgeVarsity. In addition, the look and feel of the Platform may not be copied, imitated or used, in whole or in part, without the prior written permission of EdgeVarsity. All other trademarks, including registered trademarks, product names and company names or logos mentioned in the Platform are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by EdgeVarsity.
As soon as anyone becomes a Registered User, the Platform provides him/her with a personal, non-transferable, non-exploitable, non-exclusive, open-ended one user license to access the Content hosted in the Platform only for legitimate private use purposes under the present terms and conditions. It is expressly forbidden to use the Content for illegal purposes and/or for professional exploitation. Users may not sublicense the use of, or the access to the Platform and the services to any third party with or without remuneration.
Providing access and allowing the use of the features, tools and Services provided by the Platform does not give any User or any other third-party ownership of any of the Company’s intellectual property rights to any of the above. We retain ownership of all intellectual property rights in and to the Platform, its features, tools and Services including copies, improvements, enhancements, derivative works and modifications thereof. The rights to use the Platform are limited to those expressly granted hereby. No other rights with respect to the Platform or any related intellectual property rights are granted or implied.
- A Registered User may at any time decide to delete their Account and Profile by e-mailing us at email@example.com with a request to delete the User Account and Profile. Register Users who wish to delete their User Account and Profile and terminate their relationship with the Platform, will no longer be able to make use of the services provided in the Platform for Registered Users.
- The Platform may terminate a User’s access to all or any part of the Platform and/or his/her User Account at any time, without cause, with or without a prior notice.
- The Platform reserves without limitation the right to suspend and/or delete any User
Account and terminate the Platform’s relationship with any registered User for due
cause, including (indicatively but not exclusively) the following:
- any violation of the present terms and conditions or any other illegal act or omission violating any laws or statutory provisions;
- provision of false/inaccurate information in the User Account;
- violation of any right of a third person that has come to our attention;
- following a complaint received by another User or by a third parties for breach of the present terms, violation of any law or statute;
- following the request of any Authority and/or Court decision and/or relevant competent Body;
- any other or omission that could damage or harm in any ways the Platform (i.e. indicatively its operation, its reputation, its tradename and IPRs, its technical specifications, its software etc.);
- repeatedly infringing and unlawful conduct on behalf of any User;
As a result of the provision of the Platform services to Users, and whether due to any intentional or negligent act or omission, we may disclose to Users or they may otherwise learn of or discover, our non-public documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Confidential Information”). Users hereby agree and acknowledge that such information is confidential and shall be our sole and exclusive intellectual property and proprietary information. Users agree to use our Confidential Information only for the specific purposes as allowed in these Terms. Any disclosure of our Confidential Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms. Furthermore, Users acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by any disclosure of our Confidential Information. Users acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
In addition to any other warranty, indemnification and declaration of Users, all Users also agree to indemnify and hold harmless EdgeVarsity, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of their use of the Platform, including but not limited to the violation of the Terms & Conditions.
XIV. Applicable Law and Jurisdiction
These terms are considered as terms between business to customer (B2C) and are governed by and construed according to the laws of India. Both parties agree that they are subject to the exclusive jurisdiction of the courts of the city of Bangalore.
At our sole discretion, we may require you to submit any disputes arising from the use of the Platform or any violation of these T&C’s, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Arbitration and Conciliation Act, 1996.
- If individual terms of the Terms & Conditions become partially or wholly invalid or unenforceable, the validity of the remaining provisions shall not be affected.
- The Company’s failure to enforce any right or provisions of the present Terms & Conditions will not constitute a waiver of such or any other provision.
- Users may not assign any of their rights under the present Terms & Conditions to any third party. EdgeVarsity reserves the right to assign its rights under the present to any other individual or entity at its sole discretion.
- EdgeVarsity reserves the right, at its own discretion to modify or replace any part of these Terms. It is the Users’ responsibility to check the Terms & Conditions periodically for changes. The Users’ continued use of or access to the Platform following the posting of any changes to the Terms & Conditions constitutes acceptance of those changes. EdgeVarsity may also, in the future offer new services and/or features through the Platform. Such new features and/or services shall be subject to the Terms & Conditions.