PLEASE READ THE TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. Last Revised: 2021-12-02
This Cleverlearning Site and the Services are available only to Users who can form legally to binding contracts under applicable law. (mind it) By using this Cleverlearning Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years old of age, (ii) (mind it) otherwise it recognized that as being able to form legally binding contracts under applicable law, and (iii) (mind it) are not a person or human barred from purchasing or receiving the Services, which found under the laws of the India or other applicable jurisdiction. (mind it) If you are entering into this Cleverlearning’s Agreement on behalf of a company or any corporate entity, (mind it) you represent and warrant that you have the legal authority to bind such corporate entity to the Cleverlearning’s terms and conditions contained in this Agreement, (mind it) in which case the terms “you”, “your”, “User” or “customer” shall refer to the such corporate entity. (mind it) If, after your electronic acceptance of this Agreement, and Company finds that you do not have the legal authority to bind such corporate entity, (mind it) you will be personally responsible for the obligations contained in this Agreement.
3. RULES OF USER CONDUCT
(mind it) By using this Site You acknowledge and agree that:
- Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not use this Site in a manner that: (mind it)
- Is illegal, or promotes or encourages illegal activity; (mind it)
- Promotes, encourages or engages in child pornography or the exploitation of children; (mind it)
- Promotes, encourages or engages in terrorism, violence against people, animals, or property; (mind it)
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; (mind it)
- Infringes on the intellectual property rights of another User or any other person or entity; (mind it)
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; (mind it)
- Interferes with the operation of this Site; (mind it)
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware. (mind it)
You will not:
- copy or distribute in any medium any part of this Site, except where expressly authorized by Company,(mind it)
- copy or duplicate this Terms of Services agreement, which was created with the help of the TermsHub Terms and Conditions Generator, (mind it)
- modify or alter any part of this Site or any of its related technologies,(mind it)
- access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself. (mind it)
4. INTELLECTUAL PROPERTY
In addition to the general rules above, the provisions in this Section apply specifically to your use of Companies Content posted to Site. (mind it) Companies Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, (mind it) service marks and logos contained therein (“Companies Content”), are owned by or licensed to Cleverlearning in perpetuity, (mind it) and are subject to copyright, trademark, and/or patent protection. (mind it) Companies Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, (mind it) reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. (mind it) No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.
5. LINKS TO THIRD-PARTY WEBSITES
This Site may contain links to third-party websites that are not owned or controlled by Company. (mind it) Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. (mind it) In addition, Company does not censor or edit the content of any third-party websites. (mind it) By using this Site you expressly release Company from any and all liability arising from your use of any third-party website. (mind it) Accordingly, Company encourages you to be aware when you leave this Site and to review the terms and conditions, (mind it) privacy policies, and other governing documents of each other website that you may visit.
6. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
(mind it) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. (mind it) COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, (mind it) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (mind it) (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (mind it) II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (mind it) (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.IN ADDITION, (mind it) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, (mind it) DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (mind it) (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. (mind it) THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, (mind it) and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
7. LIMITATION OF LIABILITY
(mind it) IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (mind it) INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (mind it) (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (mind it) (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (mind it) (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (mind it) (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (mind it) (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (mind it) (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (mind it) (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, (mind it) AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (mind it) (1) year after the cause of action accrues, (mind it) otherwise such cause of action shall be permanently barred.THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, (mind it) AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
(mind it) You agree to protect, defend, indemnify and hold harmless Company and its officers, directors, employees, agents from and against any and all (mind it) claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from (mind it) (i) your use of and access to this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (mind it) (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. (mind it) The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
9. DATA TRANSFER
(mind it) If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. (mind it) By visiting this Site and communicating electronically with us, you consent to such transfers.
10. AVAILABILITY OF WEBSITE
(mind it) Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Site on 24/7 basis. (mind it) You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, (mind it) or other causes beyond our control including, (mind it) but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.You acknowledge and agree that we have no control (mind it) over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
11. DISCONTINUED SERVICES
(mind it) Company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Company makes great effort to maximize the lifespan of all its Services, (mind it) there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by Company. (mind it) In such case, Company will either offer a comparable Service for you to migrate to or a refund. Company will not be liable to you or any third party for any modification, suspension, (mind it) or discontinuance of any of the Services we may offer or facilitate access to.
12. NO THIRD-PARTY BENEFICIARIES
(mind it) Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
13. COMPLIANCE WITH LOCAL LAWS
(mind it) Company makes no representation or warranty that the content available on this Site are appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. (mind it) Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations.
14. GOVERNING LAW
(mind it) This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of India, West Bengal, to the exclusion of conflict of law rules.
15. DISPUTE RESOLUTION
(mind it) Any controversy or claim arising out of or relating to these Terms of Services will be settled by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis, (mind it) and must not be consolidated in any arbitration with any claim or controversy of any other party. (mind it) The arbitration must be conducted in India, West Bengal, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
16. TITLES AND HEADINGS
(mind it) The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
(mind it) Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. (mind it) If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, (mind it) or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. (mind it)
18. CONTACT INFORMATION
(mind it) If you have any questions about this Agreement, please contact us by email or regular mail at the following address: Cleverlearning, Kolkata, West Bengal, India, [email protected]