Website and Service Terms and Conditions - General
The ConduiraOnline website ("Website") and related services (together with the Website, the "Service") are operated by Conduira Education & Training Pvt. Ltd. ("Conduira", “ConduiraOnline” "us" or "we"). Access and use of the Service is subject to the following Terms and Conditions of Service ("Terms and Conditions"). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. ConduiraOnline may amend, update or change these Terms and Conditions. If we do this, we will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective immediately. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
Description of Website and Service
The Service allows users to prepare for various examination online. Users interested in learning or practicing are presented with different types of educational activities. ConduiraOnline may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by ConduiraOnline; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to ConduiraOnline while registering or during your usage of ConduiraOnline's services, to keep such information accurate, current and complete; (iv) to be fully responsible for all use of your account and for any actions that take place through your account; and (v) you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.
Your Representations and Warranties
You represent and warrant to ConduiraOnline that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of Constitution of India and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from India and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit to ConduiraOnline and that you have the right to grant us a license to use that material.
Acceptable Use Policy
ConduiraOnline provides a platform to prepare for exams online. To keep ConduiraOnline running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the following Acceptable Use Policy.
You agree not to post User Content that:
-is sexually explicit or pornographic;
-creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
-may create a risk of any other loss or damage to any person or property;
-seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
-violates, or encourages any conduct that violates laws or regulations;
-contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
-contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
-infringes any third party's Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
-contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
-oris fraudulent, false, misleading, or deceptive
You agree not to engage in any of the following prohibited activities:
-Use, display, mirror or frame the Service, any individual element within the Service, the ConduiraOnline name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
-Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
-Attempt to probe, scan, or test the vulnerability of any ConduiraOnline system or network or breach any security or authentication measures;
-Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ConduiraOnline or any of our providers or any other third party (including another user) to protect the Services or ConduiraOnline Content;
-Attempt to access or search the Services, User Content or ConduiraOnline Content or scrape or download User Content or ConduiraOnline Content from the Services, or otherwise use, upload content to, or create new links, re-posts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ConduiraOnline or other generally available third party web browsers;
-Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
-Use any meta tags or other hidden text or metadata utilizing a ConduiraOnline or ConduiraOnline trademark, logo, URL, or product name without ConduiraOnline's express written consent;
-Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by ConduiraOnline or in any manner not permitted by the Terms;
-Use ConduiraOnline user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
-Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
-Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
-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;
-Request, collect or store username, password, token or any other account authentication information from other users;
-Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.
ConduiraOnline reserves the right, but is not obligated, to remove any User Content for any reason or for no reason, including User Content that ConduiraOnline believes violates this Acceptable Use Policy or its Terms of Service. ConduiraOnline may also permanently or temporarily terminate or suspend a User account without notice and liability for any reason, including if, in ConduiraOnline's sole determination, a User violates any provision of this Acceptable Use Policy, our Terms of Service, or for no reason.
Indemnification of ConduiraOnline
You agree to defend, indemnify and hold harmless ConduiraOnline and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any service we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
No Representations or Warranties
The service, including all videos, images, audio files and other content therein, and any other information, property and rights granted or provided to you by ConduiraOnline are provided to you on an "as is" basis. ConduiraOnline and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, ConduiraOnline does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.The materials appearing on ConduiraOnline's website could include technical, typographical, or photographic errors. ConduiraOnline does not warrant that any of the materials on its web site are accurate, complete, or current. Conduira Online may make changes to the materials contained on its web site at any time without notice. ConduiraOnline does not, however, make any commitment to update the materials.
Limitation on types of Damages/Limitation of Liability
In no event will ConduiraOnline be liable to you or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if ConduiraOnline has been advised of the possibility of such damages. ConduiraOnline's liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to ConduiraOnline for the service in the 2 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
ConduiraOnline may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your ConduiraOnline account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of ConduiraOnline's proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
Proprietary Rights in Service Content and Activity Data
All content available through the Service, including designs, text, graphics, images, information, software, audio, video and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of ConduiraOnline or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and ConduiraOnline, all data and information generated from your access and use of the educational activities made available on or through the Service, including test results and notes taken (collectively, the "Activity Data"), shall be exclusively owned by ConduiraOnline, and you shall not have any right to use such Activity Data except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to ConduiraOnline any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Data. All rights of ConduiraOnline or its licensors that are not expressly granted in these Terms and Conditions are reserved to ConduiraOnline and its licensors.
"ConduiraOnline" and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of ConduiraOnline or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the ConduiraOnline name or any ConduiraOnline or third-party trademarks, service marks, graphics or logos.
Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to ConduiraOnline pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
-an electronic or physical signature of the copyright owner or 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;
-a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
-your address, telephone number, and email 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 are authorized to act on the copyright owner's behalf.
Please consult your legal counsel for further details or see Section 51 of The Copyright Act, 1957. ConduiraOnline's Agent for Notice of claims of copyright infringement can be reached as follows: By email: firstname.lastname@example.org.
Governing Law and Arbitration
These Terms and Conditions, its subject matter and ConduiraOnline's and your respective rights under these Terms and Conditions shall be governed by the laws of India and you agree that the courts of Visakhapatnam will have exclusive jurisdiction over any dispute (contractual or non-contractual) concerning these terms.
These Terms and Conditions constitute the entire agreement between ConduiraOnline and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by ConduiraOnline or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. ConduiraOnline may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of ConduiraOnline and you, and ConduiraOnline's and your respective successors and permitted assigns.
You will be entitled to receive the Service only during the subscription period ("Subscription Period") specified by your payment confirmation.No Resale or Redistribution of the ServiceYou agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service use of the Service, or access to the Service.
When you visit this website and when you communicate with us electronically, for example by sending us an email or ordering our products online, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.