Terms Of Use

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS AND CONDITIONS FOR ACCESS OR USAGE OF THIS PLATFORM.

Welcome to ([•]) (the “Website”), and Claraeon Academy (“Application-1”) and Claraeon Automation (“Application-2”) mobile application, (Application-1 and Application-2 are collectively referred to as “Application”) (Website and Application are collectively referred to as the “Platform”) owned by Claraeon Learning Private Limited, a company incorporated under the Companies Act, 2013 (bearing company identification number U74999TG2021PTC147641) (hereinafter referred to as the “Company” “We” “Us” and “Our”), having its registered office at 2G, A Block, Jain Srikar Auroville, Khanamet, Madhapur Hyderabad, 500081, Telangana, India. 

Please read these terms and conditions (“Terms”) carefully. By accessing, browsing, or otherwise using the Platform, or any other websites or applications of Company that link to these Terms, and/or by accessing, using or availing any of the services and/or the contents including the information, books, reports, journals, data, study and reading material, graphics, audio and videos (“Material”)  provided or made available on and through the Platform (collectively, “Service(s)”), you (“You”, “User”, “Your”, “Yourself”) represent that You have read and understood the Terms and thereby expressly agree to be bound by the Terms. If you do not agree with the Terms mentioned herein, please exit this Platform and restrict your access. 

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time without any prior notice to You and may notify You whenever there is a change in the Terms, by email or post a conspicuous notice on the Platform in the event of any revisions to these Terms. Your continued use of the Platform following the changes and/or revisions shall be deemed to mean that You accept and agree to the revised Terms. As long as You comply with these Terms, the Company grants you a personal, non-exclusive, non-transferable, revocable, non-assignable, limited license to access and use the Website. Your license to use the Application is dealt separately by EULA  as provided in the Application.

You should read these Terms and access and read all further linked information, if any, referred to in these Terms, as such information contains further terms and conditions that apply to You as a User of the Platform. Such linked information including but not limited to the Company’s privacy policy (“Privacy Policy”) is hereby incorporated by reference into these Terms. 

These Terms read with any agreement that You may enter into with the Company shall define our relationship and mutual expectations while You use the Platform. In order to use the Platform, it shall be Your responsibility to comply with both these Terms and any other agreement(s) that You may enter into with the Company. In case of conflict between these Terms and such agreement that You may enter into with the Company, the interpretation placed by the Company shall be final and binding on You. 

1. MEMBERSHIP ELIGIBILITY

1. Use of the Platform is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. 

2. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform. If any minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. Any minor accessing, using or transacting on the Platform in violation of these Terms shall be doing so at their own risk and the Company shall not be responsible or liable for any activities or interactions of such minor on the Platform. 

3. The Company, at any time, reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to the Company’s notice or if it is discovered that such person is not eligible to use the Platform.

4. Those who access the Platform from outside India are responsible for compliance with local laws, if and to the extent local laws are applicable. The Company shall render the Services ordered only within India (“Territory”) and shall not be liable to perform any Services outside the Territory. 

2. TYPES OF USERS

The Services are available to several different types of Users, who will have different types of accounts with different tools, functionalities and restrictions. The Services may be availed by the following types of Users:

1. educators, tutors, and instructors either working independently or with an educational institution such as a school (collectively, “Teachers”); 
2. students either enrolling independently through their legal guardians or through a School (“Students”); and 
3. any educational or training institution including schools (“Schools”). 

3. REGISTRATION.

In order to access certain features of the Services, a User must have a registered account for the Services (“Account”). 

1. Eligibility
   If you are under age 18, You may only register for and use the Services under the supervision of an adult, in which case the adult shall be deemed the User and shall be responsible for any and all activities under the relevant Account.

2. Registration Data
   In registering for the Services, You agree: (a) to provide all necessary information about Yourself that shall be required by the Company to create an Account for you (“Registration Data”); (b) and represent and warrant that all Registration Data is true, current, and complete; and (c) agree to maintain and promptly update the Registration Data to keep it true, current, and complete, from time to time.

3. Account Creation
   Based on the Registration Data, each User’s Account will be created by the Company as per the Company’s forms and processes. In the case of Schools, separate Accounts will be created for administration purposes (“Admin Account”) and for each Student and Teacher of the School.

4. Responsibility
   You are responsible for all activities that occur under your Account. You shall not share your Account or password with anyone, and you agree to notify Company immediately of any unauthorized use of Your password or any other breach of security. You agree not to create or access an Account using a false identity or any false or inaccurate information, or on behalf of someone other than Yourself (except as may be required by a legal guardian for creating an Account on behalf of a minor). You agree that You shall not have more than one Account at any given time for the same purpose. You agree not to create an Account or use the Services if you have been previously removed by Company, or if You have been previously banned from any of the Services.

5. Authority and Consent.

1. Individual Users
   In case You are using the Services in an individual capacity, You represent that You have the authority and permission to enter into the Terms on your own behalf or on behalf of a minor (in the case of a legal guardian of a minor).

2. Entity Users
   If You are using the Services on behalf of a School, in addition to being an eligible individual User (as set forth above), You must also have the authority and permission to enter into the Terms on behalf of the School. The School shall be responsible for any activities, including any violation of the Terms, that occur under each Admin Account, Teacher or School Account created for the School.

6. Changes in Eligibility
   In the event that You are no longer (a) employed by Your School as a Teacher; or (b) enrolled by Your School as a Student, You must notify Company immediately of such change and shall cease any use of the Services under Your existing Account created under the School. In case, You wish to continue to use the Services post your termination or cessation of engagement with the School, You are entitled to create a new Account in your individual capacity as a Teacher or a Student, as per the Terms.

7. Admin Accounts
   As per the Terms, an Admin Account will be created for each School for the overall management and administration of use of the Services by the School. An Admin Account may be used for creation of Teacher or Student Account for the Teachers and Students enrolled with the School as per the instructions on the Services or otherwise as directed by Company. You may only create an Account for Students or Teachers You have consent and authority for. By entering a Teacher’s or Student’s information into the Platform for Account creation, You represent and warrant that You have all necessary consent and authority, including from the Teacher or Student’s legal guardian, to create an Account. 

4. PRICING

Unless otherwise agreed in writing with the Company, the price for availing the Services shall be as per the pricing indicated on the Platform for different categories of User as may be applicable. For payment mode and method, please follow the instructions given on the Platform by the Company. The User agrees and understands that any payment done on the Platform shall be transacted, managed and controlled by third party payment gateways integrated with the Platform and the Company shall not be liable for any acts and/or omissions of such third party payment gateways.

5. USER CODE OF CONDUCT

1. The User agrees, undertakes and covenants that, during the use of the Platform, the Services and/or the Materials, the User shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

1. belongs to another person or entity and to which the User does not have any right;

2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, sexually-explicit (including nudity, implied nudity, excessive visible skin or cleavage, even if not explicitly sexual in nature, and any images focused on individual body parts, even if not explicitly sexual in nature), paedophilic, libellous, invasive of another person’s privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, sensational, gory,  depicting violence or threats of violence,  relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the laws in force in any manner whatsoever;

3. could be construed as divisive/stereotyping should be avoided if it could be interpreted as ‘hateful’ (Gender exclusive content is excluded from this, provided it is positive);

4. is harmful to children;

5. is misleading in any way;

6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

7. infringes upon or violates any third party’s rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, e-mail address, physical address or phone number) or rights of publicity;

8. contains assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status. However, pro-equality content, particularly for gender and sexuality shall be permissible;

9. impersonates another person or provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses;

10. provides information about any products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted. This could include promotion of tobacco or tobacco-related products, recreational or medical marijuana, bongs and rolling papers;

11. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform;

12. engages in commercial activities without the Company’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;

13. exploits controversial political or social issues for commercial purposes;

14. interferes with another User’s use of the Platform;

15. refers to any website or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;

16. deceives or misleads the addressee/ Users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;

17. serves to communicate fake, inaccurate or misleading information including fake inaccurate or misleading news or facts;

18. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

19. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting other nation;

20. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

21. contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information; and/or

22. violates any law for the time being in force.

2. The User agrees and acknowledges that (a) the User shall not use the Platform for any illegal or unauthorized purpose; and (b) the User’s use of any information or materials on the Platform is entirely at the User’s own risk, for which the Company shall not be liable. The User agrees to comply with all laws, rules, and regulations applicable to the use of the Platform. 

3. The User shall not use any other person’s Account at any time and the Company shall not be liable for any claims arising out of such authorised or unauthorised use.

4. The Company shall have the right, but not the obligation, to monitor the access or use of the Platform to ensure User’s compliance with these Terms or applicable laws or other legal requirements, at its sole discretion. 

6. STUDENT DATA

1. General
   “Student Data” includes all data that personally identifies a minor Student, such as name, address, username, and password, or any other non-public information about a minor Student, such as a minor Student’s educational records and performance. Company will only collect and use Student Data as necessary to fulfil its duties and provide and improve the Services.

2. Disclosure of Student Data by Schools
   School using the Platform is solely responsible for ensuring that the School is compliant with all applicable laws and regulations including, but not limited to the privacy law, related to the disclosure of Student Data and other Student information (“Student Records”) to Company in connection with the Services. Without limiting the generality of the foregoing, for all Student Records disclosed to Company, You represent and warrant, to the extent required by applicable law, that the School has (a) notified such Students’ parents or legal guardians of Your use of third party services, including Company, and the potential disclosure of Student Records in connection with such use; and (b) obtained the appropriate consent(s) from the parents or legal guardians of such Students. 

3. License to Student Data
   By making available any Student Data to Company, including on or through the Services, You grant to Company a non-exclusive license to use, access, view, download, reproduce, modify, create derivative works of, distribute and display Student Data solely for the purposes of providing the Services and for product or academic development or research.

7. USER CONTENT

1. License to User Content
   Except with respect to Student Data, which shall be governed by the license set forth in Section 6 of these Terms, by submitting, providing, uploading, posting, e-mailing, transmitting or otherwise making available on the Platform or through the Services any content to the Company, including any information, data, reading material, graphics, audio, video and content (“User Content”), You grant to the Company a non-exclusive, unconditional, irrevocable license to access, use, view, download, reproduce, modify, create derivative works of, distribute and display the User Content in connection with the Services.

2. Responsibility
   You acknowledge that You, and not Company, is/are entirely responsible for all User Content you make available on the Platform or through the Services, and that other Users of the Services, and not Company, are similarly responsible for all User Content they make available on the Platform or through the Services. You are solely responsible for Your interactions with other Users of the Services and any other parties with whom you interact through the Services. You agree that Company shall not be responsible for any liabilities incurred as the result of such interaction. You agree that You use all User Content and interact with other Users at your own risk.

3. No Obligation to Monitor User Content
   You acknowledge that Company has no obligation to review, monitor or pre-screen User Content on the Services, although Company reserves the right in its sole discretion to review, monitor, pre-screen, refuse, modify, or remove any User Content (a) that violates any law or regulation; (b) that violates these Terms; (c) that otherwise creates or may create liability for Company; or (d) for any other reason Company determines in its sole discretion. Except as expressly set forth in these Terms, Company does not approve, endorse or make any representations or warranties with respect to User Content.

4. Security
   Although Company takes security very seriously and works very hard on behalf of Student, Teacher, and/or School, including by using various industry standard measures to protect the Services, no method of transmission or electronic storage on the Internet is 100% secure. Therefore, Company cannot guarantee the security of any User Content. Except as expressly set forth herein or otherwise agreed to by Company in writing, (a) Company has no obligation to store any User Content and (b) Company has no responsibility or liability for (i) the deletion or accuracy of any User Content, (ii) the failure to store, transmit or receive transmission of User Content; or (iii) the security, privacy, storage or transmission of other communications originating with or involving use of the Services.

8. RIGHT TO ACCESS WEBSITE

1. Subject to Your compliance with these Terms and/or payment of applicable Services fees, if any, Company grants you a limited right to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company, as may be applicable. This right does not include any resale or commercial use of this Website or its contents; any collection and use of any Service listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of Account information for the benefit of another User; or any use of data mining, robots, or similar data gathering and extraction tools.

2. This Website or any portion of this Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) shall not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Company, as may be applicable.

3. You shall not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent. You shall not use any meta tags or any other “hidden text” utilising Company’s names or trademarks without the express written consent of Company, as applicable. Any unauthorised use terminates the permission or right granted by Company to You.

4. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the welcome page of Website as long as the link does not portray Company, or its services in a false, misleading, derogatory, or otherwise offensive matter. You shall not use any Company logo or other proprietary graphic or trademark as part of the link without express written consent of Company.

9. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

1. The User hereby agrees and understands that the intellectual property and proprietary rights in the Platform, the Services including the Material provided and made available through and on the Platform shall vest with the Company solely and exclusively. The Company owns all proprietary rights, title, interest in the Platform, Material and all the Services provided on and through the Platform including but not limited to copyrights, trademarks, text, graphics, audio clip, video clip, digital downloads, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Platform or the Company’s Services provided on the Platform and contents and is protected under Indian law and international author’ rights laws and the User is hereby granted a limited license to access and use the Materials (as may be applicable to a User) for the purpose of utilizing the Services for personal use only.

2. The Company reserves the right to change or modify the Services and/or the Materials (as the case may be) on the Platform from time to time at its sole discretion.

3. The Customer hereby acknowledges and agrees that the Platform and/or the Services constitutes original works and have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of the Company and such others. The User thereby agrees to protect the proprietary rights of the Company during and after the tenure of these Terms. The User shall not selectively download portions of the Platform and/or the Materials without retaining the copyright notices. 

4. You shall not display, print or download extracts from the Platform, whether for Your personal or non-personal use, and You shall not commercialise any intellectual property belonging to the Company in any manner.

5. You shall not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the Platform.

6. Without obtaining our prior written permission, no part of the Platform shall be reproduced or transmitted to or stored in any other website or mobile application, nor shall any of its pages or part thereof be disseminated in any electronic or non-electronic form.

7. Nothing on the Platform or your use of the Services shall be construed as conferring on You or any party, any licence or other rights under the intellectual property or other proprietary rights of the Company, its affiliates or any third party, whether implied or otherwise.

8. The Company bears no responsibility for claims relating to infringement of any intellectual property rights in relation to the Services and/or their content.

9. As between You and Company, You own the information You provide to Us including the User Content, and You may request its deletion at any time. Any information You submit to Us is at your own risk. By providing information to Us, You represent and warrant that You are entitled to submit such information and the same is not confidential and not in violation of any law, contractual restrictions or other third-party rights (including any intellectual property rights).

10. Any infringement shall lead to appropriate legal proceedings against the User at appropriate forum for seeking all available remedies under applicable laws of the country.

10. INTELLECTUAL PROPERTY CLAIMS

1. Company respects the intellectual property of others. If you believe that your intellectual property rights have been used in any way that gives rise to concerns of infringement, please write to us at [•].

11. TERMINATION OF ACCESS TO SERVICES

1. The User’s account in the Platform can be terminated at any time by: 

1. the User, by ceasing to access or use the Platform; or by

2. the Company in its sole discretion, for no reason or any reason including the User’s violation of these Terms or lack of use of Services. 

2. The User acknowledges that the termination of Services may come into effect without any prior notice, and the Company shall thereafter, immediately deactivate or delete the User’s account and all related information and/or bar any further access to the User’s account or the Services, subject to applicable law. 

3. The disclaimer of warranties, the limitation of liability, Clauses in the Terms that by their nature should survive termination of Your usage of the Platform, and the governing law provisions shall survive any termination of these Terms. 

12. FORCE MAJEURE EVENTS

1. For the purpose of these Terms, the term “Force Majeure Event” shall mean any event that is beyond the reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, foreign or governmental order including orders of lock-down, quarantine, an outbreak of an epidemic, pandemic or other communicable diseases, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, and any other similar events not within the control of the Company and which the Company and is not able to overcome. The Company shall solely determine what would constitute as a Force Majeure Event and the same shall be final and binding upon the User.

2. The Company shall not be liable to the User for Platform’s failure to perform or for delay in the performance of the Platform including any unavailability, non-availability or partial availability of the Platform, downtime, maintenance of the Platform, slow-down of the Platform, any disruption, defects, deficiency or delay in the Services arising from the acts/omissions of the User, non-responsiveness of the User, to the extent such failure or delay results from causes beyond Company’s reasonable control including Force Majeure Events.

13. LINKS TO THIRD PARTY

The Platform may contain links and interactive functionality interacting with the websites, services, tools or features of third parties. The Company shall not be responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such third party links and integrations. Before enabling any sharing functions to communicate with any such third parties or otherwise visiting any such third parties, the Company strongly recommends that the User reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party links and integrations.

14. REPRESENTATIONS 

The User hereby represents and warrants that the User has validly entered into these Terms and has the legal power to do so. The User further represents and warrants that the User shall be solely responsible for the due compliance with these Terms.

15. LIMITATION OF LIABILITY

1. The User hereby agrees and acknowledges that the Company shall not be held liable to the User for any direct, indirect, special, consequential, incidental, exemplary or punitive damages, or loss of profit, business, data or revenues. The Company shall also not be liable under any circumstance for damages arising out or related in any way to the User’s inability to access, or the User’s difficulty in accessing the Platform, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of the User’s data or content including User Content from the Platform, the User’s failure to keep the User login credentials secure and confidential. 

2. The Company shall not be liable under any circumstances for damages arising out of or in any way related to content and Services provided via the Platform and/or any information or the integrated services offered or provided by any third-party through the Platform.

3. To the fullest extent permitted by law, the aggregate liability of Company to You for all claims arising out of or relating to the use or any inability to use any portion of the Platform or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to INR 100 (Indian Rupees One Hundred Only).

16. DISCLAIMER OF WARRANTIES

THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE PLATFORM ARE PROVIDED BY THE COMPANY ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS OR THE INFORMATION OR THE SERVICES PROVIDED ON THE PLATFORM AND/OR THAT THE PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES WILL BE UNINTERRUPTAED, TIMELY, SECURE, ACCURATE OR ERROR FREE AND/OR THAT THE RESULTS THAT MAY BE OBTAINED OR EXPECTED TO BE OBTAINED FROM THE USE OF PLATFORM WILL BE ACCURATE OR RELIABLE. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION THROUGH THE PLATFORM. THE USER EXPRESSLY AGREES THAT THE USE OF THE PLATFORM IS AT THE USER’S SOLE RISK. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL LOSE AND/OR DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. 

THE USER FURTHER ACKNOWLEDGES AND AGREES THAT COMPANY DOES NOT WARRANT THAT THE ACCESS TO THE SERVICES THROUGH THE PLATFORM OR VARIOUS NETWORK CHANNELS OF THIRD-PARTY SERVICE PROVIDERS INCLUDING THE INFRASTRUCTURE MAINTAINED BY THE USER, ALL OF WHICH ARE BEYOND THE COMPANY’S CONTROL, WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE. THE SERVICES WILL ACCORDINGLY NOT BE CONSIDERED UNAVAILABLE FOR ANY OUTAGES DUE TO: (I) ACTS OR OMISSIONS OF THE USERS; (II) FAILURES OF EQUIPMENT OF THE USER, NETWORK UNAVAILABILITY OR BANDWIDTH LIMITATIONS ON HOSTING SERVERS SUBSCRIBED TO BY THE COMPANY AND/OR THE USER; OR (III) ISSUES ARISING FROM BUGS OR OTHER PROBLEMS IN THE PLATFORM, SOFTWARE, FIRMWARE OR HARDWARE OF THE COMPANY, USER AND/OR ANY THIRD-PARTY SERVICE PROVIDER. PLEASE NOTE THAT INFORMATION PROVIDED ON THE PLATFORM HAS NOT BEEN EVALUATED AND/OR APPROVED BY ANY STATURY BODY OR AUTHORITY IN INDIA.

THE USER AGREES AND ACKNOWLEDGES THAT BY PROVIDING THE SERVICES, THE COMPANY IS MERELY EXTENDING A FACILITY TO ASSIST THE USER IN IMPROVING ACADEMIC AND OPERATIONAL PERFORMANCE OF USERS AND THE COMPANY MAKES NO REPRESENTATIONS OR GUARANTEES THAT AS A RESULT OF THE SERVICES TO BE PROVIDED BY THE COMPANY, (A) USERS’ ACADEMIC PERFORMANCE WILL INCREASE; AND/OR (B) USERS’ OPERATIONAL PERFORMANCE WILL INCREASE. IT IS AGREED BY THE USER THAT THE COMPANY GIVES NO ASSURANCE ABOUT THE ACCURACY, RESULTS OF USE, COMPLETENESS OR ADEQUACY OF THE SERVICES WHICH THE USER RECEIVES FROM THE COMPANY AND THE USER WILL RELY EXCLUSIVELY ON THE RESULTS OF ITS OWN INVESTIGATIONS CARRIED OUT WITH RESPECT TO THE USE AND UTILIZATION OF THE SERVICES BY THE USER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM THE USE OF THE SERVICES BY THE USER.

THE USER FURTHER AGREES THAT THE SERVICES HEREIN IS MERE SUPPLEMENTAL AND NOT A SUBSTITUTION TO THE REAL AND TRADITIONAL EDUCATION SYSTEM. THE COMPANY MAKES NO GUARANTEES WITH RESPECT TO THE AVAILABILITY OR UPTIME OF ANY OF THE SERVICES. IN THE EVENT OF DEGRADATION OR INSTABILITY OF COMPANY’S SYSTEM OR AN EMERGENCY, THE COMPANY MAY, IN ITS SOLE DISCRETION, TEMPORARILY SUSPEND USER’S ACCESS TO THE SERVICES UNDER THIS AGREEMENT PROVIDED HOWEVER AS SOON AS REASONABLY PRACTICAL, THE COMPANY SHALL PROVIDE REASON FOR THE SUSPENSION TO ENABLE THE USER TO TAKE REMEDIAL MEASURES IN ORDER TO ENABLE THE COMPANY TO RESTORE THE SERVICES.

17. INDEMNIFICATION

The User shall indemnify and hold harmless the Company, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

18. PRIVACY POLICY

1. As elaborated under the Privacy Policy, the Company will keep all confidential information confidential and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. 

2. The Company acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. The Company shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these terms of confidentiality as if such person was subject to these terms of confidentiality. If the User objects to the User’s information being transferred or used, the User is advised not to use the Platform.

19. ASSIGNMENT

It is expressly agreed by the User that the Company may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to the User, except to the extent provided by law. 

20. GOVERNING LAW 

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Hyderabad, Telangana, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both the Company and the User and such arbitration shall be governed by the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Hyderabad, Telangana, India. The award of the arbitrator shall be valid and binding on both the User and the Company.

21. HOW TO CONTACT US

If the User has questions or concerns about the Terms, the User may contact the Company at Claraeon Learning Pvt. Ltd.