EDUINDEX User Agreement

THIS AGREEMENT GRANTS A NON EXCLUSIVE AND NON TRANSFERABLE
LICENSE TO DOWNLOAD, ACCESS AND USE THE EDUINDEX MOBILE OR DESKTOP APPLICATION
SOFTWARE/ TECHNOLOGY (hereinafter referred to as the “App”) THAT ACTS
AS AN INTERMEDIARY/ ENABLING TECHNOLOGY ALLOWING USER(S) TO ACCESS NEWS
CONTENTS. EDUPUB HOLDS NO RESPONSIBILITY OVER ANY OF THE CONTENT ACCESSIBLE BY
USE OF THE APP BY THE USER .
PLEASE READ CAREFULLY
BEFORE COMPLETING THE INSTALLATION PROCESS AND BEFORE ACCESSING OR USING THE
APPLICATION. BY DOWNLOADING, INSTALLING AND USING THE APPLICATION, USER(S)
AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT. BY INSTALLING AND/OR USING THE
APPLICATION, THE USER(S) CONFIRM AND AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF THE USER(S) DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN PLEASE
DO NOT INSTALL AND/OR USE THE APP.
This User Agreement
(hereinafter called “Agreement”) is entered between
User(s)(hereinafter called “User(s)” or “You”,) AND EduPub
Innovation (hereinafter referred as “EduPub”).
Party shall mean either
User(s) or EduPub based on the context and Parties shall mean both User(s) and EduPub
respectively.
WHEREAS, EduPub owns
and manages an App (defined hereinafter)which provides the User(s) access to
News contents aggregated from other third party News providers;
WHEREAS, User(s)
desire to access, use and avail the published News contents and related
materials on the App and agree to the terms set forth in this Agreement.
NOW THEREFORE, the
User(s) and EduPub hereby agree as follows:

1. Definitions

·        
1.1. “Confidential
Information” shall mean any information, including but not limited to
processes, methods, systems, business information, technological information,
sales information, client information, which is deemed confidential by EduPub,
and is disclosed to the User)s) in any manner.
1.2.
“Intellectual Property” refers to any invention, creation, work,
algorithm, source code, object code or other code, design, Confidential
Information, Product and so on which have been acquired, or in the process of
being acquired, or capable of being acquired as patent, copyright, trademark,
trade secret, or any other type of Intellectual Property
1.3. “News
Content(s)” refers to any and all News related content aggregated from
third party News providers.

2. Terms and Conditions

·        
2.1. EduPub hereby grant the User(s)
a Non-Exclusive, non-transferable and limited License to (s) access and use the
App on mobile phones, portable devices, or any other technology.
2.2. User(s) agree,
undertake and confirm that User(s) are only permitted to use the App in
accessing the News Content.
2.3. EduPub provides
User(s) the option to search and select the News Content accessible through the
App, but does not warrant the correctness, authenticity, or validity of the
content.
2.4. The App may be
accessed free of charge, or in any other manner determined by EduPub from time
to time. Provided however that in order to access the latest News updates and
News Contents the user(s) is required to have access to uninterrupted internet
connection.
2.5. User(s) hereby
agree and acknowledge that nothing contained in this Agreement constitutes an
obligation on the part of EduPub to offer or provide News Contents as mentioned
herein. EduPub may at its sole discretion disable access to the content without
any notice.
2.6. User(s) hereby
acknowledge and concede that the use, access and availing the facilities of the
App shall also be governed by the Terms and Conditions and Privacy policy of EduPub.
User(s) hereby agree that he/she shall be bound by the Terms and Conditions and
Privacy Policy and shall act in accordance with the said documents. Terms and
Conditions and Privacy policy can be accessed here http://EduINDEX.com/privacy.htm

3. Activities not permitted

·        
3.1. User(s) hereby agree, undertake and
confirm that use of the App shall strictly be governed by including, without
limitation, the following:
3.1.1. Usage of App
through its installation is permitted only in a single mobile or computer
device at a time by a single user;
3.1.2. User(s) shall
not download/ save the News Contents accessed through the App at any given
time;
3.1.3. User(s) shall
not attempt to Reverse Engineer, Decompile or Descramble or use the App in any
manner to understand the process, structure or working of the App or to otherwise
reduce the App to a human perceivable form;
3.1.4. User(s) shall
not modify, network, rent, lease, loan, sell, distribute or create derivative
works based upon the App in whole or in part. User(s) shall not at any time
make the App available to multiple users through any networking, terminal
access, downloading, internal time sharing or similar arrangement or otherwise;
3.1.5. User(s) shall
not collect or harvest or attempt to harvest or collect personal data of other
users who are using the App. User(s) shall not transmit any viruses, worms,
defects, Trojan horse, cancel bots, spyware, other items of a contaminating or
destructive nature, denial of service attacks, adware, packet or IP spoofing,
forged routing or electronic mail address information or similar methods or
technology harmful code, flood pings, malware, bot, time bomb, worm, or other
harmful or malicious component, which or might overburden, impair or disrupt
the App , or which does or might restrict or inhibit third party user’s use and
enjoyment of the App;
3.1.6. User(s) shall
not alter or remove, attempt to alter or remove any trademark, copyright or any
other proprietary or legal notices contained in, or appearing on, the App or
any other contents appearing on the App. User(s) shall not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, content, music, text, page layout, or form) of EduPub
and our affiliates. User(s) may not use any meta-tags or any other “hidden
text” utilizing EduPub’s name or trademarks;

4. Ownership

·        
4.1. User(s) hereby agree, undertake
and confirm that all right, title and interest in the App is retained with EduPub
and that this Agreement only licenses usage of App by the User(s) subject to
the terms and conditions of the Agreement. User(s) hereby confirm that this
Agreement does not amount to transfer of any proprietary property by EduPub to
the User, and that all right, title, and interest in the property continues to
vest with EduPub.

5. Intellectual Property

·        
5.1 The copyright, trademark, patent
or other intellectual property rights in the contents of the App (including,
without limitation, all designs, logos, names, text, sound recordings, music,
images, graphics, video and links) are owned by EduPub or the respective third
party entities as identified on the App. No license or right is granted and use
of the App by User(s) therein shall not constitute by implication, estoppel or
otherwise, any license or right of use. As such, User(s) shall not reproduce,
transmit, republish, upload, post, perform, broadcast, adapt, parody,
distribute, display, license and/or alter in whole or in part any of the
foregoing in any manner without the express permission of EduPub.
5.2 User(s) shall not
download or encourage others to download copyrighted works, trademarks, or
other proprietary information without obtaining the prior written consent of
the owner of the Intellectual Property. In the event of infringement, EduPub
may on its own sole discretion to take necessary steps to remedy the same.

6. Confidentiality

·        
6.1. User(s) hereby agree that
User(s) shall not disclose any confidential information to any third party
about the App or EduPub which User(s) have come into possession by virtue of
downloading, installing, accessing or using the App, or in any other manner.
User also agrees that in any event, if such confidential information is
disclosed by User(s) in violation of this Agreement, EduPub may on its own sole
discretion, terminate this Agreement by deleting the Accounts of the User(s),
without any notice to User(s) or to take any other legal measure which is
considered reasonable and legitimate.
6.2. In the event the
User(s) are aware that the Confidential Information is passed to any third
party, User(s) shall immediately inform EduPub regarding the same.

7. Representations and Warranties

·        
7.1. The App and information on it is
provided by EduPub as is” and on an “as available” basis and EduPub,
its officers, directors, employees, and agents make no warranties and hereby
disclaim any express or implied warranties, including, but not limited to, the
implied warranties (collectively, “warranties”) of merchantability
and fitness for a particular purpose. In no event shall EduPub be liable for
any direct, indirect, incidental, special, exemplary, or consequential damages
(including, but not limited to, loss of use, data, or profits; or business
interruption) however caused and on any theory of liability, whether in
contract, strict liability, or tort (including negligence or otherwise) arising
in any way out of the use of this App, even if advised of the possibility of
such damage.
7.2. The contents
accessible by use of the App by the User(s) include materials that belong to
third parties. User(s) acknowledge that EduPub assumes no responsibility for
such contents.
7.3. EduPub makes no
representations or guarantees that the App will be free from any bugs, viruses,
Trojan horses, or the like which may be transmitted to or through our App by
any third party, and/or any errors or omissions in any content or for any loss
or damage of any kind incurred as a result of the use of any contents accessed
by the User through the App.
7.4. EduPub does not
warrant, endorse, guarantee, or assume responsibility for any product or
service advertised or offered by a third party through the use of the App or
any hyperlinked services or featured in any banner or other advertising, and EduPub
will not be a party to or in any way be responsible for monitoring any
transaction between User(s) and third-party providers of products or services.
As with the purchase of a product or service through any medium or in any
environment, User(s) should use best judgment and exercise caution,
interference, personal injury or property damage, of any nature whatsoever,
resulting from the access to and use of the App, hacking, or other security
intrusion by User(s), and EduPub disclaims any liability relating thereto.
7.5. EduPub makes no
guarantees, representations, or warranties that use or results of the App will
be accurate, timely, reliable, uninterrupted, or without errors. Without prior
notice, EduPub may modify, suspend, or discontinue any part or all of the App
or use of the App by User(s). In such event, EduPub will not be liable to
User(s) or any third party.
7.6. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDUPUB BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR
LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY
DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY
OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED
TO THE USE OR INABILITY TO USE THE APP AND ANY LOSS OR DAMAGE ARISING OUT OF OR
IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF EDUPUB.

8. Advertisements & Third Party Content

·        
8.1. User(s) hereby agree, undertake
and confirm to receive advertisements through use of this App.
8.2. EduPub may
provide access to third party websites on its App. EduPub is not responsible
for any third-party contents, including but not limited to texts, graphics,
user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music and artwork or applications, services, advertisements, and/or links that
may be contained in the App.

9. Privacy

·        
9.1. While User(s) are accessing,
availing and/or using the App, EduPub may collect some of the personal
information and data of User(s). Such information is only collected with
respect to various activities relating to the App and for no other purpose
whatsoever. User(s) may read the EduPub’s Privacy Policy by visiting the
following link here http://EduINDEX.com/privacy.htm.

10. Governing Law, Jurisdiction And Arbitration

·        
10.1. The Agreement shall be governed
by the laws for the time being in force in the territory of India and the
Courts in Bangalore alone shall have exclusive jurisdiction on the matters
concerning this Agreement.
10.2. All disputes
arising under or in relation to this Agreement may be referred to arbitration
before a sole arbitrator. If the Parties fail to agree on the appointment of a
sole arbitrator within the time stipulated under the [Indian] Arbitration and
Conciliation Act, 1996 (the “Act”) the Parties shall approach the
competent Court under the Act for appointment of the Sole Arbitrator. The
Arbitration proceedings shall be carried out in accordance with the Act and the
Rules framed there under and the place of Arbitration shall be Bangalore. The
arbitration proceedings shall be conducted in English.

11. Term & Termination

·        
11.1. This Agreement shall commence
on the date the User installs and accepts the agreement and shall remain in
full force and effect while User uses and access the App;
11.2. User has the
right, in his sole discretion, to terminate this Agreement by deleting or
uninstalling the App;
11.3. User hereby
agrees that EduPub reserves the right, in its sole discretion, to terminate
this Agreement by deleting the User Account of the User, without any notice to
User, for any reason that may also include violation of any terms of the
Agreement by the User.
11.4. On termination
of User account, any and all user contents, information existing in User
account or any and all activity from the User account shall be irretrievably
deleted. However, certain details shall be maintained with EduPub for archival
and legal purposes.
11.5. Both the
Parties hereby agree, undertake and confirm that Provisions relating to Intellectual
Property and Confidentiality shall survive the expiration or termination of the
Agreement.

12. Disclaimer

·        
12.1 THE APP, AND ALL NEWS CONTENTS
ACCESSED THROUGH THE APP, , ARE PROVIDED “AS IS”, “AS
AVAILABLE”, AND “WITH ALL FAULTS”.
12.2 THE APP AND ALL
NEWS CONTENTS ACCESSED BY THE USER(S) THROUGH THE APP, ARE PROVIDED “AS
IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.

13. Indemnity

·        
13.1. User(s) hereby agree to
indemnify, defend and hold EduPub, (including all its officers, directors and
employees) harmless from and against any and all damages, liabilities, costs
and expenses, including attorney’s fees and expenses, arising out of, incident
to, or resulting directly or indirectly from the use of the App in a manner
inconsistent with this Agreement. Notwithstanding its reasonable efforts, EduPub
cannot take responsibility or control the News Contents accessed by the Users
through the App.

14. No Liability

·        
14.1. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL EDUPUB BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH
OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER
LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO
USE THE APP AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD
OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF EDUPUB.

15. Severability

·        
15.1. If any provision in this
Agreement becomes invalid or illegal or adjudged unenforceable, the provision
shall be deemed to have been severed from this Agreement and the remaining
provisions of this Agreement shall not, so far as possible, be affected by the
severance.

16. Waiver

·        
16.1. The failure of EduPub to
enforce at any time any of the provisions of this Agreement shall not be
construed to be a waiver of its right, power, privilege or remedy or as a
waiver of any preceding or succeeding breach on User(s)’ part to this Agreement
nor shall any single or partial exercise of any right power privilege or remedy
preclude any other or further exercise of such or any other right power
privilege or remedy provided in this Agreement all of which are several and cumulative
and are not exclusive of each other or of any other rights or remedies
otherwise available to EduPub at law or in equity.

17. Force Majeure And Act Of Third Parties

·        
17.1 The performance of any part of
this agreement by EduPub shall be excused to the extent that such performance
is hindered, delayed, or made impractical by flood, fire, war, or riot or any
other cause beyond the reasonable control of EduPub or act of any third party
beyond the control of EduPub including but not limited to hacking, data theft,
unauthorised access to User account, impersonation, fraud, misrepresentation
and so on.

18. Modification

·        
18.1 User(s) hereby agree, undertake
and confirm that EduPub reserves the right to update, modify or suspend any
part of this Agreement and/or Privacy Policy and/or Terms and Conditions from
time to time. Such revised Agreement and/or Privacy Policy and/or Terms and
Conditions shall be effective from the date of such updation or modification or
suspension. User(s) hereby agrees, undertakes and confirms that EduPub is not
under any obligation to notify User(s) about any changes, modifications made in
the Agreement and/or Privacy Policy. It shall be the responsibility of User(s)
to regularly review the Terms and Conditions and/or Privacy Policy and/or Terms
and Conditions for updates if any. If User(s) disagree to any of the changes to
the Agreement, User(s) can refrain from accessing or using the App by
uninstalling the App. User(s)’ continued access or use or availing of the App
following the changes in the Agreement and/ or Privacy Policy will indicate
User(s)’ acceptance and acknowledgement of the changes and User(s) hereby
agree, undertake and confirm that User(s) shall be bound by the revised
Agreement.
Edupedia Publications Pvt Ltd
New Delhi
Contact :
editor@edupediapublications.com 
This document is an
electronic record in terms of Information Technology Act, 2000 and rules there
under as applicable and the amended provisions pertaining to electronic records
in various statutes as amended by the Information Technology Act, 2000. This
electronic record is generated by a computer system and does not require any
physical or digital signatures.
I have read and
understood the Terms and Conditions and I hereby, out of my free will,
unconditionally accept to be bound by the same.