Terms of Service

Terms of Service

Last Edited on March 16, 2019

By signing up for the XTUDY service (“Service”) or any of the services of XTUDY Education Solutions you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by XTUDY under the Terms of Service include various products and services to help you manage your educational Institution. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at (https://xtudy.in/terms.html).

XTUDY reserves the right to update and change the Terms of Service by posting updates and changes to the XTUDY website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read the Terms of Services as well as the Privacy Policy before becoming a member or signing in XTUDY. Once you sign in and become the user of XTUDY it is deemed that you are aware and well versed with the Privacy Policy and services offered by XTUDY.


Account Terms

1. To access and use XTUDY Services you must register for a XTUDY account (“Account”) which shall require a valid email address, your name, age, class, current address, mobile number. or any other information as asked based on your choice of service. XTUDY reserves the right to reject your application, or cancel your existing accounts if need be, for lawful reasons. We may use your mobile number for sharing Institutional Information, XTUDY Updates & Promotions. You may opt-out . However, we recommend against it as you may miss out important information.

2. You acknowledge that the email address provided by you shall be used as a primary source of communication.

3. You are responsible for keeping your password secure. XTUDY shall not be held liable for the same.

4. You are responsible for data, graphics and anything which is uploaded or downloaded through your account. You must refrain from transmitting worms or any kind of virus or any code of destructive nature through your account.

5. Breach of any of the terms shall result in immediate termination of the services followed by any legal action if required.


Account Activation

1. The person signing in shall be the contracting party (“Account owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

2. If you are signing up for the Service on behalf of your employer/Institution Head, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3. Upon completion of sign up for the Service, our payment gateway partner Razorpay may require relevant information like UPI details or card details for processing payments. However, such information will not be misused in future. There will be an option given to the user to save the card details for future transactions. It depends on the user to save or not, in either cases your personal sensitive information are highly protected. A handling charge and GST as applicable will be charged for each transaction from the user.


General Conditions

1. You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of XTUDY.

2. Technical support is provided to paying and non-paying Account holders and is available via channels as described in the pricing clause of the agreement.

3. The Terms of Service shall be governed by and interpreted in accordance with the laws of India applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Jharkhand, India with respect to any dispute or claim arising out of or in connection with the Terms of Service.

4. You acknowledge and agree that XTUDY may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on XTUDY’s website, available at https://xtudy.in/terms.html and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to XTUDY’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

5. You may not use the XTUDY service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of India. You will comply with all applicable laws, rules and regulations in your use of the Service.

6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by XTUDY.

7. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use XTUDY or XTUDY trademarks and/or variations and misspellings thereof.

8. Queries regarding Services shall be sent to hello@xtudy.in.


XTUDY Rights

1. We reserve the right to terminate the services at any time in case of any breach on your part.

2. We reserve the right to refuse service to anyone for any reason at any time. We may, but have no obligation to, remove Portal Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelou, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any XTUDY customer, XTUDY employee, member, or officer will result in immediate Account termination.

4. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that XTUDY employees and contractors may also be XTUDY customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

5. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

6. XTUDY retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, XTUDY reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.


Liability

1. You expressly understand and agree that XTUDY shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

2. In no event shall XTUDY or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, XTUDY partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

4. The failure of XTUDY to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and XTUDY and govern your use of the Service, superseding any prior agreements between you and XTUDY (including, but not limited to, any prior versions of the Terms of Service).


Intellectual Property Rights

1. We do not claim any intellectual property rights over the material you provide to the XTUDY service. All material you upload remains yours. You can remove your XTUDY Portal at any time by deleting your Account.

2. You retain ownership over all Portal Content that you upload to a XTUDY. You are responsible for compliance of Portal Content with any applicable laws or regulations.

3. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

4. An authorized person from school is responsible for deleting users account. They may keep data as alumni/TC in case if students are no longer enrolled in school. XTUDY shall have no liability in this regard.

5. XTUDY shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Portal to promote the Service.


Third Party Services

1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, XTUDY’s partners or other third parties.

2. XTUDY may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the XTUDY App Portal. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or XTUDY’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.

3. We do not provide any warranties with respect to Third Party Services. You acknowledge that XTUDY has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on XTUDY’s websites, including the XTUDY App Portal, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with XTUDY. XTUDY strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.

4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. XTUDY is not responsible for any disclosure, modification or deletion of your data or Portal Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Portal Content.

5. Under no circumstances shall XTUDY be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if XTUDY has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

6. However, GPS tracking is one of our services in which some of the data provided by you shall be transmitted to the third party as they are the collaborators in the smooth functioning of the service. This would be mentioned in the terms and clause of the agreement and hence once you agree to it then only such information shall be transmitted through us. In such circumstances confidentiality clause as is applicable on us shall be equally applicable to them as well.

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