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Terms and Conditions

EDUPRISTINE’S TERMS OF USE

Neev Knowledge Management Private Limited registered under the Republic of India as per Companies Act, 1956 (“EduPristine”, or “we” or “Company”), provides training & coaching for international certifications (www.edupristine.com) and related mobile application that allows students to access education and training materials online and through the classroom in various locations (the “Service”). By using the Service, you agree to be bound by the Terms of Use (the “Terms of Use”). If you wish to become a Student, Consultant, communicate with other Students or Consultants, and make use of the EduPristine Services, please read the Terms of Use and indicate your acceptance by following the instructions in the Registration process.

In these terms of use, the students and Edupristine shall be referred to collectively as the “Parties” and individually as the “Party”.

The Terms of Use sets out the legally binding terms for your use of the Service. EduPristine may modify the Terms of Use from time to time and such modification(s) shall be effective upon posting an updated Terms of Use on the Service with or without any notice to you. We will also update the “Last Updated Date” in the Terms of Use. You agree to be bound to any changes to the Terms of Use when you use the Service after any such modification is posted. You are responsible for reviewing any applicable changes. By continuing to access or use the Services after we have posted modification(s) to the Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the Terms of Use, whether modified or not, are not acceptable to you, you must cease accessing and using the Services. Please read them carefully. The Terms of Use and the EduPristine Privacy Policy, incorporated herein by reference, govern your access to and use of the Services. The Terms of Use are a legal agreement between you and EduPristine and apply to you whether you are a non-registered user, a Student, Consultant or a visitor just browsing the Service.

Certain areas of the Services may have different terms and conditions posted or may require you to agree to and accept additional terms and conditions. If there is a conflict between the Terms of Use and terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING THE “Download” BUTTON, BY ACCESSING OR USING THE SERVICES, OR BY POSTING OR ACCESSING ANY CONTENT THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

EDUPRISTINE SERVICE POLICY

CLASSROOM/LVC TRAININGS:

At any point of time, EduPristine DOES NOT guarantee any placement.

RE-SCHEDULING

BATCH RE-ATTENDANCE

It is agreed between Edupristine and students that:

EXTRAS

Parties agrees that if the validity period has expired the student can re-register for a discounted price

PAYMENT POLICY

Terms & Conditions of Payment Policy

REFUND POLICY: CLASSROOM/ LVC

BASIC PRINCIPLES

Please read all the Terms of Use carefully. Without limiting any term of the Terms of Use, the following are a few basic principles that apply to your use of the Services: You must be 18 years or older to use the Services. You are responsible for all content you post via the Services (See additional terms regarding your “Student and Consultant Content” below). If your EduPristine account is terminated for any reason, you may not create another EduPristine account without our express prior written permission to do so.

MODIFICATION

EduPristine reserves the right, at its sole discretion, to modify, discontinue or terminate the Services at any time without prior notice.

THE SERVICE

The Service is designed to help Students find education and training materials they need to excel in their field. As a Student, defined below, you can use the Service to (i) purchase training materials including, but not limited to, lecture videos, live classes, exam questions, and subject matter lessons; (ii)post questions in the public forum; and (ii) read and comment on blog posts. All Student Content is owned by the Content provider and licensed to EduPristine.

ELIGIBILITY AND ACCESS

In order to access certain features of the Services and to post any Content (defined below) through the Services, you must register to create a Student (“Account”). Student Account holders must provide the following information to create an account: first and last name, a valid email address, address, and valid date of birth. Once you have provided your complete and accurate information, we will generate a Student Account and a password and be able to access materials.

In order to use the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted during registration and throughout the Services, and (b) maintain and promptly update your registration to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EduPristine has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EduPristine has the right to suspend or terminate your account and refuse any and all current for future use of the Service (or any portion thereof).

CHILDREN’S INFORMATION

EduPristine does not knowingly collect Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through the Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information on this Service. If you have reason to believe that a child under the age of 13 has provided Personal Information to EduPristine through this Service, please contact us and we will endeavor to delete that information from our databases.

PRIVACY

Please review EduPristine’s Privacy Policy located at https://www.edupristine.com/about/privacy for information and notices concerning EduPristine’s collection and use of your personal information. The Privacy Policy also governs your access and use of the Services. If you have any questions about the EduPristine Privacy Policy, please contact EduPristine at legal@edupristine.com.

CERTAIN DEFINITIONS

Certain types of content are made available through the Services. “EduPristine Content” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content made available through the Services, including Consultant Content. “Student Content” and “Consultant Content” means the, text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by Student and Consultant Account holders respectively to or via the Services.

OWNERSHIP

The Services and EduPristine Content are protected by copyright, trademark, and other laws of India and foreign countries. Except as expressly provided in the Terms of Use, EduPristine and its licensors exclusively own all right, title and interest in and to the Services and EduPristine Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or EduPristine Content.

CONSULTANT CONTENT

The Consultant Content is licensed to EduPristine and made available to Students accordingly. Except as expressly provided in the Terms of Use, EduPristine’s licensors exclusively own all right, title and interest in and to the Consultant Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Consultant Content.

STUDENT CONTENT

EduPristine does not claim any ownership rights in any such Student Content and nothing in the Terms of Use will be deemed to restrict any rights that you may have to use and exploit any such Student Content that you post.

However, by making available any Student Content through the Services, you hereby grant to EduPristine a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, broadcast and otherwise exploit such Student Content in any and all media or distribution methods (“License”). By way of example and not limitation EduPristine may modify or adapt your Student Content in order to transmit, display or distribute such submissions over computer networks and in various media and/or make changes to your Student Content as are necessary to conform and adapt your Student Content to any requirements or limitations of any networks, devices, services or media. EduPristine also has the right to make your Student Content available to other companies, organizations or individuals who partner with EduPristine. Such uses by EduPristine or other companies, organizations or individuals who partner with us may be made with no compensation to you with respect to your Student Content or otherwise. This License ends when you delete your Student Content submissions or your Account unless your Student Content has been shared with others, and they have not deleted it.

You acknowledge and agree that you are solely responsible for all Student Content that you make available through the Services or any material or information that you transmit through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Student Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to EduPristine the rights in such Student Content, as contemplated under the Terms of Use; and (ii) neither the Student Content nor your posting, uploading, publication, submission or transmittal of the Student Content or EduPristine’s use of the Student Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You understand and agree that EduPristine may review and delete any Student Content that in the sole judgment of EduPristine violate the Terms of Use or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Account holder.

EDUPRISTINE CONTENT LICENSE

Subject to your compliance with the terms and conditions of these Terms of Use, EduPristine grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view and download any EduPristine Content solely for your personal purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by EduPristine or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service. The Service is for your use to apply for and hire for internships.

INTERACTIONS BETWEEN STUDENTS AND CONSULTANTS

You are solely responsible for your interactions (including any disputes) with Consultants and Students. EduPristine does not have control over the quality, timing, legality or any other aspect whatsoever of any materials posted by a Consultant and is not responsible for any online or offline interaction between a Consultant and Student, or of the quality of content or lessons delivered by the Consultant or any third party outside of the EduPristine Services. EduPristine does not take part in the online or offline interaction between Consultants and Students except to manage scheduling of classes as applicable and facilitate the payment for the courses. Students understand that EduPristine does not in any way screen or qualify third party training materials.

You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services and disclosing personal information to other users. You agree to take reasonable precautions in all interactions with other users, particularly if you decide to meet an EduPristine user offline, or in person. Your use of the Services or EduPristine Content and any other content made available through the Services is at your sole risk and discretion and EduPristine hereby disclaims any and all liability to you or any third party relating thereto. EduPristine reserves the right to contact EduPristine users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in the Terms of Use. You will cooperate fully with EduPristine to investigate any suspected unlawful, fraudulent or improper activity via the Services.

We recommend that if you choose to meet or exchange personal information with any user of EduPristine then you should take it upon yourself to do a background check on said person. In no event shall EduPristine be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service.

PAYMENT STRUCTURE

All product purchases are made through third party service providers accessible through the Service. EduPristine does not access or collect your credit card or banking information. Any applicable refund policies will be made available at time of purchase

GENERAL PROHIBITIONS

You agree not to do any of the following while using the Services:

Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material (including Student or Consultant Content) that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances). Bully, intimidate, or harass any Student or Consultant. Post content that: is hate speech, threatening, or pornographic; incites violence; contains nudity or graphic or gratuitous violence, or contains Illicit drugs and drug paraphernalia content; or any other content that is illegal, promotes illegal activity or infringes on the legal rights of others; is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; Promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; Provide restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); Provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; Use the Service in a manner inconsistent with any and all applicable laws and regulations. Engage in advertising to, or solicitation of, any Student or Consultant to buy or sell any products or services. Although EduPristine cannot monitor the conduct of its Students or Consultants off the Service, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Student or Consultant without their prior explicit consent. Make automated use of the system, such as using scripts to post content to the Services, is prohibited. Attempt to impersonate another user or person who is not a user of EduPristine. Use the Account or password of another user at any time nor may you disclose your password to any third party or permit any third party to access your account. Sell or otherwise transfer your profile. Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; Solicit passwords or personal identifying information for commercial or unlawful purposes from other users; Use your Account to do anything unlawful, misleading, malicious, or discriminatory. Do anything that could disable, overburden, or impair the proper working or appearance of the Services, such as a denial of service attack or interference with page rendering or other Services functionality. You will not facilitate or encourage any violations of the Terms of Use or other EduPristine policies. Access, tamper with, use or attempt to access, tamper, or use non-public areas of the Services, EduPristine’s computer systems, or the technical delivery systems of EduPristine’s providers; Attempt to access or search the Services or EduPristine Content or download EduPristine Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by EduPristine or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera); Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; Use any meta tags or other hidden text or metadata utilizing a EduPristine trademark, logo URL or product name without EduPristine’s express written consent; Use your Account, the Services or EduPristine Content for any commercial purpose or the benefit of any third party or in any manner not permitted by the Terms of Use; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or EduPristine Content; Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; Encourage or enable any other individual to do any of the foregoing. EduPristine will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. EduPristine may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use. You acknowledge that EduPristine has no obligation to monitor your access to or use of the Services or EduPristine Content or to review or edit any Student or Consultant Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with the Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. EduPristine reserves the right, at any time and without prior notice, to remove or disable access to any EduPristine Content and any Student or Consultant Content, that EduPristine, in its sole discretion, considers to be in violation of the Terms of Use or otherwise harmful to the Services.

LINKS TO THIRD PARTY WEBSITES

The Services may contain links to third-party websites or resources. You acknowledge and agree that EduPristine is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by EduPristine of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

COPYRIGHTED MATERIALS: NO INFRINGING USE

You will not use the Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.

(A) Copyright Complaints

EduPristine respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement set forth below.

(B) Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EduPristine’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying EduPristine that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the Service; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. EduPristine’s Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows:

Copyright Agent

Neev Knowledge Management Private Limited Legal Department

702 Raaj Chambers,

Old Nagardas Road,

Andheri East.

Mumbai 400069

India

E-mail: legal@EduPristine.com

It is EduPristine’s policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law and to terminate the accounts of repeat infringers.

Counter-Notice: If you believe that your Student or Consultant Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Student or Consultant Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the court located within Mumbai, India and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, EduPristine will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Repeat Infringer Policy:In accordance with the DMCA and other applicable law, EduPristine has adopted a policy of terminating, in appropriate circumstances and at EduPristine’s sole discretion, users who are deemed to be repeat infringers. EduPristine may also at its sole discretion limit access to the Service and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that EduPristine may establish general practices and usage limits on the Service. This may include the length of time we store your data, as well as your maximum allotted storage space on our servers. You agree that EduPristine is not responsible or liable for the deletion or failure to store any data or other content maintained or uploaded by the Service. You further acknowledge that we may change these general practices and limits at any time without notice.

SWEEPSTAKES AND CONTESTS

EduPristine may operate sweepstakes, contests and similar promotions (collectively, Promotions) through the Services. You should carefully review the rules provided with the Promotions, for example the Official Rules, in which you participate through the Service, as they may contain additional important information about EduPristine rights to and ownership of the submissions you make as part of and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with the Terms of Use, the terms and conditions of such Official Rules will control.

TERMINATION

Without limiting other remedies, EduPristine may at any time suspend, terminate, or refuse to provide you with access to the Services. If EduPristine terminates, disables or suspends your Account for any reason your will not create another Account without first receiving EduPristine’s express written permission to do so. EduPristine may notify authorities or take any actions it deems appropriate, without notice to you, if EduPristine suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of the Terms of Use or any policies or rules established by EduPristine; or (ii) engaged in actions relating to or in the course of using the Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other users, EduPristine or any other third parties or the Services. Without limiting any other terms of the Terms of Use, you may stop using the Services at any time. After any termination, you understand and acknowledge that we will have no further obligation to provide the Services. Furthermore, all licenses and other rights granted to you by the Terms of Use will immediately cease. EduPristine will not be liable to you or any third party for termination of the Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING CONTENT) THAT YOU HAVE SUBMITTED ON OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES THEREAFTER. Any suspension, termination or cancellation will not affect your obligations to EduPristine under the Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

DISCLAIMERS

THE SERVICES, EDUPRISTINE CONTENT, STUDENT AND CONSULTANT CONTENT ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EDUPRISTINE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EDUPRISTINE MAKES NO WARRANTY THAT THE SITE, SERVICES, EDUPRISTINE CONTENT, STUDENT OR CONSULTANT SUBMISSIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EDUPRISTINE OR THROUGH THE SERVICES, EDUPRISTINE CONTENT, STUDENT OR CONSULTANT SUBMISSIONS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. EduPristine is not responsible for any incorrect or inaccurate content posted on or in connection with the Service provided, whether caused by users of the Service or by any of the equipment or programming associated with or utilized in the Service. EduPristine is not responsible for the conduct, whether online or offline, of any user of the Service. EduPristine assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. EduPristine is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any application or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall EduPristine be responsible for any loss or damage, including personal injury or death, resulting from use of the Service or from any Content posted on the Service or transmitted to users, or any interactions between users of the Service, whether online or offline.

INDEMNITY

You agree to defend, indemnify, and hold EduPristine, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Student or Consultant Content, your access to or use of the Services or EduPristine Content, or your violation of the Terms of Use or the Privacy Policy integrated by reference herein.

LIMITATION OF LIABILITY

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the services, edupristine content, and student or content and any other content therein remains with you. neither edupristine nor any other party involved in creating, producing, or delivering the services or edupristine content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, arising out of or in connection with these terms of use or from the use of or inability to use the services or content therein, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not edupristine has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. you specifically acknowledge that edupristine is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. in no event will edupristine’s aggregate liability arising out of or in connection with the terms of use or from the use of or inability to use the site, services or content therein exceed one hundred u.s. dollars ($100). the limitations of damages set forth above are fundamental elements of the basis of the bargain between edupristine and you. this limitation of liability for consequential or incidental damages is intended only for those jurisdictions where permissible.

EDUPRISTINE’S PROPRIETARY RIGHTS & NOTICES

EduPristine owns and retains all proprietary rights in the Service. All trademarks, service marks, logos, trade names and any other proprietary designations of EduPristine used herein are trademarks or registered trademarks of EduPristine. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS

You agree to comply fully with all Indian and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

CONTROLLING LAW AND JURISDICTION

The Terms of Use and any action related thereto will be governed by the laws of the Republic of India without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of the Terms of Use will be the state and federal courts located in Mumbai, India, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You agree that any and all controversies, claims or disputes with anyone (including EduPristine and any employee, officer, director, shareholder or benefit plan of EduPristine, in its capacity as such or otherwise) arising out of, relating to or resulting from youruse of the Services under this Agreement or the termination of this Agreement, including any breach of this Agreement, shall be subject to binding arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (the Act) . YOU AGREE TO ARBITRATE, AND THEREBY AGREE TO WAIVE ANY RIGHT TO APPROACH A COURT WITH RESPECT TO ALL DISPUTES ARISING FROM OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OF HARASSMENT, DISCRIMINATION OR WRONGFUL TERMINATION, AND ANY STATUTORY CLAIMS. You understand that this Agreement to arbitrate also applies to any disputes that EduPristine may have with you. The arbitration shall be conducted in Mumbai, India, by a sole arbitrator as may be mutually agreed upon by EduPristine and you. You agree that the arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. You also agree that the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law. You agree that the arbitrator shall administer and conduct any arbitration in a manner consistent with the Act. You further agree that the decision of the arbitrator shall be in writing.

ENTIRE AGREEMENT

The Terms of Use (including the Privacy Policy) constitutes the entire and exclusive understanding and agreement between EduPristine and you regarding the Services and EduPristine Content, and the Terms of Use supersede and replace any and all prior oral or written understandings or agreements between EduPristine and you regarding the Services and EduPristine Content.

ASSIGNMENT

You may not assign or transfer the Terms of Use, by operation of law or otherwise, without EduPristine’s prior written consent. Any attempt by you to assign or transfer the Terms of Use, without such consent, will be null and of no effect. EduPristine may freely assign the Terms of Use. Subject to the foregoing, the Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES

You consent to the use of: (i) electronic means to complete the Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to the Terms of Use or your use of the Services. Any notices or other communications permitted to required hereunder, including those regarding modifications to the Terms of Use, will be in writing and given: (x) by EduPristine via email if applicable (in each case to the address that you provide); or (y) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

GENERAL

The failure of EduPristine to enforce any right or provision of the Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EduPristine. Except as expressly set forth in the Terms of Use, the exercise by either party of any of its remedies under the Terms of Use will be without prejudice to its other remedies under the Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms of Use will remain in full force and effect.

CONTACTING EDUPRISTINE

If you have any questions about the Terms of Use, please contact EduPristine at legal@eduristine.com.