EFFECTIVE DATE : 20 Sep 2020
1. Nature and Applicability of Terms
1.1. The following terms and conditions constitute an Agreement (hereinafter referred to as the “Agreement”) between the user hereinafter named but not limited to a student, parent, an educational institution or any other such person who accesses the services (“You”) and Edumpus Portal LLP (“Edumpus”, “We” or “Us”), the operator of www.edumpus.com (the “Site”) and related applications, services and mobile applications provided by Edumpus (hereinafter when referred collectively called as ‘Edumpus Platforms’). This Agreement shall govern your use of Services (defined below), both as registered and non-registered user.
1.2. By using or otherwise accessing the Services, and/or by registering with Edumpus, you agree to the terms of this Agreement, including the information disclosed hereinbelow, and to be bound by the same. If you do not agree with this Agreement, you should refrain from using the Services. Your access to any of Edumpus’s Platforms is also at the sole discretion of Edumpus.
1.5. You agree that Edumpus will not be liable to You or any third party for any suspension or discontinuation of any of the Services or portion thereof.
2. Members and Visitors
Once you have accessed our services, in order to make optimum use of our services certain information that may be considered as personal/private information may be collected from You. According to the type and volume of information collected, you will be either considered a Visitor or a Member. If you do not wish to share such information, do not use the Edumpus Platforms/ Services.
3.1. Notwithstanding what is stated above, any person above the age of 12 will be allowed to register on the Platform on the condition that the registration must be authorized by the legal guardian of such person.
3.2. If You are registering an account or using the Services on behalf of an individual or entity other than Yourself, you represent that You are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
4. Compliance with Law
4.1. This Agreement is in compliance with all the relevant Laws, rules and regulations at the time being in force, including but not limited to the Indian Contract Act, 1872; Information Technology Act, 2000; and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (hereinafter referred to as the “SPI Rules”), and the Information Technology (Intermediaries Guidelines) Rules, 2011 (hereinafter referred to as the “IG Rules”).
5.1. "Applicable Law" means any domestic or foreign law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time during the Term which applies to or is otherwise intended to govern or regulate any person (including any Party), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any Governmental or Regulatory Authority;
5.2. "User" every Person, Institutions, Organization or any entity registered with the Edumpus Platforms;
5.3. “Services” means all those Services provided on any of the Edumpus Platforms. The Services made available by Edumpus are subject to change at the sole discretion of Edumpus;
5.4. “Our Content” means text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services or on any of the Edumpus Platforms.
5.5. “User Content” shall include the contents posted by Edumpus on behalf of the User on Edumpus Platforms along with the information provided by the User available for other Users on the Site.
5.6. “Posted Information” shall include but not limited to all such content, inquiries concerning educational courses, details of the educational institutions, details of the prospective students, career information, information on prospective jobs and such other content used to participate in the other interactive and community features of the Site posted by the User personally or on their profiles.
5.7. “You” may refer to the User as defined above.
6.1. In order to register, you must provide certain basic information about Yourself which includes name, sex, phone number, email ID, details of the organization etc. You authorize Edumpus, its employees, consultants, partners and affiliates etc., operating on its behalf to use and/or disclose such information in accordance with relevant Laws.
6.2. Edumpus may disclose or transfer User Content information to its affiliates or governmental authorities in such manner as permitted or required by applicable laws, and You hereby consent to such transfer. If any of the User Content is found in violation of any law for the time being in force, Edumpus will comply with any duly-issued government or court directions to disable access to such User Content and Posted Information.
6.3. When the User provides his/her contact information including but not limited to his/her. phone number, e-mail address, Facebook user name, Google Plus user name etc. (“Personal Information”), it is hereby agreed to by such User that Edumpus is permitted to send any communications to them via using such communication portals.
Each Party will perform its obligations hereunder as an independent contractor, and nothing contained in this Agreement will be construed to create or imply a joint venture, partnership, principal agent, or employment relationship between the Parties. Except as expressly authorized by Edumpus in this Agreement, you will neither act nor purport to be acting as the legal agent of Edumpus, nor enter into any agreement on behalf of Edumpus or otherwise bind or purport to bind Edumpus in any manner whatsoever.
Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, job postings, messages etc., Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). We are not obligated to publish any information or content on our Service and can remove it with or without further notice.
9. Your license to Edumpus
9.1. As between you and Edumpus, you own the content and information that you submit or post on the Edumpus Platforms, and you are only granting Edumpus the following non-exclusive license:
- A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as "public", we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services. Learn More
- While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
9.3. By submitting suggestions or other feedback regarding our Services, you agree that Edumpus can use and share (but does not have to) such feedback for any purpose without compensation to you.
9.4. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. We may be required by law to remove certain information or content in certain countries.
9.5. We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you.
9.6. Other Content, Sites and Apps
- By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Edumpus generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Members have choices about this feature.
- Edumpus Platforms may help connect Members offering their services with Members seeking services. However, each User shall be responsible while availing any services offered by other Users and Edumpus cannot be held responsible for the offering, performance or procurement of these services and it does not endorse any particular Member’s offered services.
- Similarly, Edumpus may help you register for and/or attend events organized by Members / Users and connect with other Members who are attendees at such events. You agree that (1) Edumpus is not responsible for the conduct of any of the Members or other attendees at such events, (2) Edumpus does not endorse any particular event listed on our Services, (3) Edumpus does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.
10. RESPONSIBILITIES OF THE USER
10.1. The User shall not host, display, upload, download, modify, publish, transmit, update or share any information that —
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
- violates or attempts to violate the integrity of the security of the Edumpus Platforms
10.2. User shall not use any of Edumpus Platforms apart from the reasons provided for.
10.3. User shall not intentionally furnish any incomplete, false or inaccurate information.
10.4. User shall not make any unsolicited communications to other Users.
10.5. User shall not misuse the contents provided on the Site.
11. Intellectual Property Rights
Edumpus reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.
12.1. User agrees to indemnify and hold harmless Edumpus, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Edumpus will notify You promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, you agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
12.2. In no event, including but not limited to negligence, shall Edumpus, or any of its directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost Users, even if Edumpus was advised of the possibility of such damages.
12.3. In no event shall the total aggregate liability of Edumpus to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Edumpus Platform or Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
13.1. Edumpus may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.
13.2. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
No relaxation, forbearance or delay by Edumpus in enforcing or exercising any of the terms of this Agreement shall prejudice, affect or restrict the rights of Edumpus, nor shall constitute a waiver by Edumpus of any breach hereof operate as a waiver of any subsequent or continuing breach of any terms or conditions of this Agreement, unless in writing.
In the event that any provision, covenant or restriction contained in this Agreement is declared by any judicial or other competent authority to be invalid, void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the parties from any, relevant competent authority, the rest of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto are at the liberty to amend that provision, covenant or restriction in such reasonable manner as to achieve the intention of the Parties without illegality, or at the discretion of the Parties, such provision may be severed from this Agreement. Such a provision shall be deemed to have been in existence from the date of execution of this Agreement and the remaining provisions of this agreement will remain in full force and effect unless the Parties decide that the effect of such declaration is to defeat the original intention of the Parties.
16. Entire Agreement
This Agreement constitutes the entire agreement and understanding between the Parties in respect of Confidential Information and supersedes all previous agreements, understandings and undertakings thereof, if any.
17. Supplementary Agreement
The headings contained in this Agreement are for reference and convenience purposes only and shall not be solely considered for the purpose of interpreting any clauses or provisions that they relate to. They do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
Any disputes or differences arising between the Parties with regard to any term of this Agreement may be referred to a sole arbitrator. The award given by the arbitrator shall be final and binding on the Parties. The arbitrator shall be appointed by Edumpus. The place and venue of arbitration shall be Bengaluru. The Arbitration shall be held in English language. The provisions of the Arbitration and Conciliation Act, 1996 shall apply to the arbitration proceedings. The dispute pertaining to the validity or execution of this Agreement and the dispute in respect of jurisdiction shall also be adjudicated by the Sole Arbitrator.
19.2. Upon termination, Edumpus reserves the right to determine if it shall temporarily or permanently disable the Users profile. It is at the discretion of Edumpus that the user may be allowed to re-register or allowed to use the same account.
20. APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed and construed in all aspects in accordance with the laws of India and in accordance with the laws of India. The courts at Bengaluru shall have exclusive jurisdiction in respect of this Agreement, your use of the Website or the Services or the information to which it gives access. Any use outside of India is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.
21. Grievance Officer
i. All grievances are to be addressed to Edumpus at email@example.com an affected person in writing or through email signed with electronic signature about any such information.
ii. All grievances addressed to Edumpus after due diligence would be acted upon as per the provisions of applicable laws.