TERMS OF SERVICES

Effective Date: January 9, 2020.

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY (ORGANISATION) THAT YOU REPRESENT (hereinafter “You” or “Your”) AND ULEKTZ LEARNING SOLUTIONS PRIVATE LIMITED (hereinafter referred to as "We", “Us”, “uLektz”) GOVERNING YOUR USE OF ULEKTZ SUITE OF SOFTWARE APPLICATIONS AND SERVICES.

Parts of this Agreement

This page (together with the documents referred on it) set out the terms of use by which you may make use of our websites, our web and mobile applications or any products or services ("Service" or "Services"), whether as a guest or a registered user. Please read the Terms of Services (hereinafter referred to as “Terms”) and the privacy policy of the Company (“Privacy Policy”) carefully before you start to use the Applications, Websites, Services or Products (hereinafter referred to as “Services”). In the event of any discrepancy between the Terms and any other policies with respect to the Services, the provisions of the Terms shall prevail.

Description of Service

We provide a suite of software products and services for education, skills and careers ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.

Acceptance of the Terms

1. Your use/access/browsing of the Services (with or without payment / subscription) through any means shall signify Your acceptance of the Terms of Services, and Your agreement to be legally bound by the same.
2. If You do not agree with the Terms of Services or the Privacy Policy, please do not use the Services. Any access to our Services through registrations / subscription is non-transferable.
3. You should not be under 13 years old ( or the minimum legal age in your country to use our Services). If you are under the legal age to use our Services, it is mandatory that your parent or guardian has read and accepted the terms and conditions mentioned hereinabove on your behalf and by your use of the site it is deemed that you have obtained parental consent for the same. If your parent or guardian has not read and agreed to the terms and conditions, you will not have permission to use our site.

Ownership of Content

Our Services and all of its contents including, but not limited to, all text, logos, videos, illustrations, artwork, information, images and other material ("Content") are owned and copyrighted by us unless otherwise mentioned therein. Our Services features logos, brand identities, domain names and other trademarks and service marks (collectively referred to as "Intellectual Property") that are the proprietary rights and/ or are licensed to us. Nothing contained on this Terms of Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our Intellectual Property without prior written authorisation / permission from us. Your use of any Content or Intellectual Property, except as provided in these Terms of Use herein, without prior written authorisation / permission from us is strictly prohibited. Certain contents on our Websites, Applications and Products may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognise and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.

User Sign up / Registration Obligations

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for your organisation’s internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your organisation’s contact information. In particular, we recommend that you use your organisation email address. You agree to:

1. provide true, accurate, current and complete information about yourself as prompted by the sign up process; and
2. maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if uLektz has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, uLektz may terminate your user account and refuse current or future use of any or all of the Services.

Organization / Institution Accounts and Administrators

When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.

You are responsible for:

1. ensuring confidentiality of your organization account password,
2. appointing competent individuals as administrators for managing your organization account, and
3. ensuring that all activities that occur in connection with your organization account comply with this Agreement.
4. taking necessary steps for ensuring that your organization does not lose control of the administrator accounts.

You understand that uLektz is not responsible for account administration and internal management of the Services for you. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to support@ulektz.com. provided that the process is acceptable to uLektz. In the absence of any specified administrator account recovery process, uLektz may provide control of an administrator account to an individual providing proof satisfactory to uLektz demonstrating authorization to act on behalf of the organization. You agree not to hold uLektz liable for the consequences of any action taken by uLektz in good faith in this regard.

Use of Our Services

The following terms apply to all users of our “Services”, whether or not You are a Registered User:

1. You shall not decompile, reverse engineer, or disassemble the contents of the “Services” or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the “Services”, or remove any copyright, trademark registration, or other proprietary notices from the contents of the “Services”.
2. No User of our “Services” shall be permitted to perform any of the following prohibited activities while availing our Services:
   1. transfer the Services or otherwise make it available to any third party;
   2. provide any service based on the Services without prior written permission;
   3. use the third party links to sites without agreeing to their website terms & conditions;
   4. post links to third party sites or use their logo, company name, etc., without their prior written permission;
   5. publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
   6. use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of uLektz;
   7. violate any applicable local, state, national or international law; and
   8. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
   9. 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;
   10. interfering with any other person's use or enjoyment of the “Services”;
   11. 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;
   12. 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;
   13. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
   14. 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 “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;
   15. access or use the “Services” in any manner that could damage, disable, overburden or impair any of the Applications’/Websites’ servers or the networks connected to any of the servers on which the Applications’/Websites’ are hosted;
   16. intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the “Services”, violate any requirements, procedures, policies or regulations of networks connected to the “Services”, or engage in any activity prohibited by these Terms;
   17. disrupt or interfere with the security of, or otherwise cause harm to, the “Services”, materials, systems resources, or gain unauthorised access to user accounts, passwords, servers or networks connected to or accessible through the “Services” or any affiliated or linked sites;
   18. interfere with, or inhibit any user from using and enjoying access to the “Services”, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the “Services”;
   19. 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 “Services”, to access, acquire, copy or monitor any portion of the “Services”, 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 “Services”;
   20. alter or modify any part of the Services;
   21. use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
   22. violate any of the terms specified under the Terms for the use of the “Services”.
3. Any violation by You of the terms may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
4. When accessing our “Services” via mobile devices such as smartphones and tablets, standard network charges may apply for online connectivity.

Personal Information and Privacy

Personal information you provide to uLektz through the Service is governed by uLektz Privacy Policy. Your election to use the Services indicate your acceptance of the terms of the uLektz Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to support@ulektz.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

Information and Availability

In the preparation of the “Services” and contents therein, every effort has been made to offer the most current, correct, complete and clearly expressed information possible. Nevertheless, inadvertent errors may occur. We make no warranty or represent the accuracy of the information that may be contained in the “Services”. You are advised to verify the accuracy of any information before relying on it. Any feedback from User is most welcome to make the “Services” and contents thereof error free and user friendly. uLektz also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Further, due to the inherent nature of the internet, errors, interruptions and delays may occur in the service at any time. Accordingly, our “Services” is provided "as is" without any warranties of any kind, express or implied, and we do not accept any responsibility and liability arising from any inaccuracy or omission in the information or interruption in availability.

Our “Services” 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 “Services”. 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 “Services” may also include links to other third-party websites. These third-party links are provided for your convenience to provide further information. They do not signify that we endorse the third-party website(s). We have no responsibility for the content of the linked third-party website(s).

The contents of the “Services” are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the “Services” is not endorsed as a substitution to the curriculum based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. Subscription to the “Services” or usage of our “Services” 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.

Spamming and Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Inactive User Accounts Policy

uLektz reserves the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Monitoring

uLektz shall have the right, but not the obligation, to monitor the content of the “Services” that are posted, uploaded, published, or shared by the users including any chat rooms and forums, to determine compliance with these Terms, and any operating rules established by uLektz and to satisfy any law, regulation or authorized government request. uLektz shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the “Services”. Without limiting the foregoing, uLektz shall have the right to remove any material that uLektz in its sole discretion, finds to be in violation of the provisions hereof, its Terms, or otherwise objectionable. Although uLektz reserves the right to remove, without notice, any posting for any reason, uLektz has no obligation to delete submissions that you may find objectionable or offensive.

Variation

uLektz has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the “Services” as it deems fit at any time without notice. uLektz makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Services. All prices are subject to change without notice.

Further, uLektz has the rights to amend these Terms of Services from time to time without prior notice to you. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms of Services may also be superseded by provisions or notices published elsewhere on our site. Information on our site is subject to change without any prior notice or obligation to notify you. Additionally, we reserve the right to change any and all content, software and other items used or contained on our “Services” at any point of time without notice.

Indemnity

You agree to defend, indemnify and hold harmless the company “uLektz Learning Solutions Private Limited”, 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:

1. Your use of and access of the Services;
2. Your violation of any term of these Terms of Services or any other policy of uLektz;
3. Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or
4. any claim that Your use of the Services has caused damage to a third party.

Liability

1. In respect of all aspects of our “Services” and any other party (whether or not involved in creating, producing, maintaining or delivering our site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with our “Services” in any way or in connection with the use, inability to use or the results of use of our “Services”, any websites linked to our “Services” or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our site or your downloading of any material from our site or any websites linked to our site.
2. In no event shall the Company, its officers, directors, employees, partners or agents be liable to You 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, Your use of, or access to, the Application. You have sole responsibility for use of the Services.
3. In no event shall uLektz be liable to you in relation to the Services, or your use, misuse or inability to use the Services for any indirect, punitive, special, exemplary, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage); or direct damages in excess of the amount you paid to uLektz for the applicable product.

Third Party’s Intellectual Property

1. We respect the intellectual property rights of third parties and prohibit our registered users or users to post, publish or display any information or material whatsoever on our “Services”, which may infringe the intellectual property of third parties. When we receive proper written notification of alleged infringement of intellectual property rights of third parties, we will promptly remove the allege infringement information or material from our “Services” and will terminate the account of the repeated infringers.
2. Reference to any services, goods, products or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation or association therewith, by us.
3. To maintain good business practices, we have an effective Takedown policy in place; In accordance thereto, you are encouraged to bring to our notice, any content that may be available on our website, of which you are the proprietor. We shall respond to the Takedown request as per our policy.

Third Party Websites and Content

Our “Services” may contain links to other websites ("Third-Party Sites") as well as applications, software, text, marks, graphics, pictures, designs, music, sound, video, articles, photographs, information, and other content or material belonging to or originating from third parties (the "Third-Party Content"). We are not responsible for such Third Party Contents and Third Party Sites. We have not checked or monitored the accuracy or completeness of the said Third Party Contents and Third Party Sites respectively. If you access or install a Third Party Contents, you are doing the same at your own risk and you should read and review the respective Terms of Services thereof and our Terms of Services and Privacy Policy will no longer we applicable in any manner.

Disclaimer

Our “Services” and its Materials are provided on an “As is” basis with all faults and without any warranty of an kind. uLektz hereby disclaims all warranties and conditions with regard to the “Services” and its Materials/Content including without limitation, all implied warranties and conditions of merchantability and fitness for a particular purpose, title, accuracy, timeliness, performance, completeness, suitability and non-infringement. Additionally, uLektz shall not be liable for any damages arising out of or in connection with the use or performance of our “Services”. Your use of any information or materials on the “Services” is entirely at your own risk, for which we shall not be liable. It shall be Your own responsibility to ensure that “Services” provided by us meet Your specific requirements. Our “Services” may be temporarily unavailable at any point of time due to maintenance, up-gradation or any other reason. We do not claim any responsibility, liability for any omission, error deletion, defect or destruction in user communication. We are not responsible for any malfunction technical or other problem of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion in our “Services”, including injury or damage to your or to any other person's computer, hardware, software or mobile phone as a result from using or downloading materials in connection with our “Services”. We are not responsible or liable for any loss or damage resulting from the use of our “Services” or any Content or Third-Party Applications, Software or Content posted on or through our “Services” or transmitted to users, or any interactions between users of our site, whether online or offline.

Applicable Law and Jurisdiction

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 Chennai, India, and You hereby accede to and accept the jurisdiction of such courts.

GENERAL PROVISIONS

1. Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to support@ulektz.com.
2. Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Services shall continue in full force and effect.
4. Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Services, or any related right, shall not constitute a waiver by the Company of that provision or right.
5. Relationship: You acknowledge that Your participation or use of our “Services”, does not make You an employee or agency or partnership or joint venture or franchise of the Company.
6. Feedback: Any feedback You provide with respect to our “Services” shall be deemed to be non-confidential. uLektz shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that
   1. Your feedback does not contain confidential or proprietary information of You or of third parties;
   2. the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback;
   3. the Services may have something similar to the feedback already under consideration or in development; and
   4. You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.
7. Customer Care: We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at support@ulektz.com.