Edvizo Media Private Limited (“Edvizo”) is the author and publisher of the internet resource www.edvizo.com and the mobile application ‘Edvizo’ (together, “Website”). Edvizo owns and operates the services provided through the Website.
1. NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
i. An Institute or education provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such Institutes or institutions (“Institute(s)”, “you” or “User”); or
ii. A student, his/her parents or guardians, searching for Institutes through the Website (“End-User”, “you” or “User”); or
iii. Otherwise a user of the Website (“you” or “User”). This Agreement applies to those services made available by Edvizo on the Website, including the following:
iv. For Institutes: Listing of Institutes and their profiles and contact details, to be made available to the other Users and visitors to the Website;
v. For other Users: Facility to (i) create and maintain ‘Personal Accounts’, (ii) search for Institutes by name, courses, and geographical area, or any other criteria that may be developed and made available by Edvizo, (iii) to enroll in courses offered by any Institutes, and (iv) to purchase stationery items.
The Services may change from time to time, at the sole discretion of Edvizo, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at email@example.com.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you via e-mail. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Edvizo.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
i. the Indian Contract Act, 1872,
ii. the (Indian) Information Technology Act, 2000, and
iii. the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2. CONDITIONS OF USE
You must be 13 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Edvizo that you are 13 years of age or older and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Institutes and Teachers.
3.1 END-USER ACCOUNT AND DATA PRIVACY
3.1.2 Edvizo may by its Services, collect information relating to the devices through which you access the Website and anonymous data of your usage. The collected information will be used only for improving the quality of Edvizo’s services and to build new services.
3.1.3 The Website allows Edvizo to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of enrolling courses and for obtaining feedback in relation to the Institutes.
i. The type of information collected from Users, including sensitive personal data or information;
ii. The purpose means and modes of usage of such information;
iii. How and to whom Edvizo will disclose such information; and,
iv. Other information mandated by the SPI Rules.
i. the fact that certain information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the nature of collection and retention of the information; and
v. the name and address of the agency that is collecting the information and the agency that will retain the information; and
vi. the various rights available to such Users in respect of such information.
3.1.6 Edvizo shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Edvizo or to any other person acting on behalf of Edvizo.
3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Edvizo of any actual or suspected unauthorized use of the User’s account or password. Although Edvizo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Edvizo or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Edvizo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Edvizo has the right to discontinue the Services to the User at its sole discretion.
3.1.9 Edvizo may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.2 RELEVANCE ALGORITHM
Edvizo’s relevance algorithm for the Institutes is a fully automated system that lists the Institutes, their profile, and information regarding their courses on its Website. These listings of Institutes do not represent any fixed objective ranking or endorsement by Edvizo. Edvizo will not be liable for any change in the relevance of the Institutes on search results, which may take place from time to time. The listing of Institutes will be based on an automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Edvizo in no event will be held responsible for the accuracy and the relevancy of the listing order of the Institutes on the Website.
3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1 Edvizo collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and courses of the Institutes listed on the Website, such as their previous achievements, class timings, fees, location, and similar details. Edvizo takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Edvizo screens and assess the information and photos submitted by the Institutes, it cannot be held liable for any inaccuracies or incompleteness represented by it, despite such reasonable efforts.
3.3.2 The Services provided by Edvizo or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Edvizo does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Edvizo does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Edvizo disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Edvizo or any User in relation to any User or services provided by such User.
3.3.3 The Website may be linked to the website of third parties, affiliates, and business partners. Edvizo has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. The inclusion of any link on the Website does not imply that Edvizo endorses the linked site. User may use the links and these services at User’s own risk.
3.3.4 Edvizo assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
3.3.5 If Edvizo determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Edvizo reserves the right to immediately suspend your access to the Website or any of your accounts with Edvizo and makes such declaration on the website alongside your name/your institute’s name as determined by Edvizo for the protection of its business and in the interests of Users. You shall be liable to indemnify Edvizo for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Edvizo or its Users.
3.4 ENROLL COURSES AND CALL FACILITY
Edvizo enables Users to connect with Institutes through two methods: a) Enroll facility that allows Users enroll a course through the Website; b) Value added telephonic services which connect Users directly to the Institute’s number provided on the Website.
3.4.1 Edvizo will ensure Users are provided confirmed enrollment on the Enroll facility. However, Edvizo has no liability if such an enrollment is later canceled by the Institute, or the same Institute is not available for enrollment. Provided, it does not fall under the heads listed under the Edvizo Guarantee Program, in which case the terms of this program shall apply.
3.4.3 The results of any search Users perform on the Website for Institutes should not be inferred as an endorsement by Edvizo of any such particular Institute. If the User decides to engage with an Institute to use their services, the User shall be doing so at his/her own risk.
3.4.4 Without prejudice to the generality of the above, Edvizo is not involved in providing any educational advice and hence is not responsible for any interactions between User and the Institute. User understands and agrees that Edvizo will not be liable for:
220.127.116.11 User interactions and associated issues User has with the Institute;
18.104.22.168 the ability or intent of the Institute(s) or the lack of it, in fulfilling their obligations towards Users;
22.214.171.124 any wrong information or quality of education being given by the Institute(s), or any educational negligence on part of the Institute(s);
126.96.36.199 inappropriate teaching, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Institute to provide agreed Services;
188.8.131.52 any misconduct or inappropriate behavior by the Institute or the Institute’s staff;
184.108.40.206 cancelation or any variation in the fees charged, provided these have been addressed to under, Edvizo Guarantee Program.
3.4.5 Users are allowed to provide feedback about their experiences with the Institute; however, the User shall ensure that the same is provided in accordance with applicable law. User however understands that Edvizo shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Institute from the Website.
3.4.6 In case of a ‘Cancelation of Enrollment (CoE)’ (defined below), where the User opted to pay the offline payment and does not join the concerned Institute:
220.127.116.11 User’s account will be temporarily disabled from enrolling further online enrollments on edvizo.com for next four (4) months, in case of, three (3) Valid CoE, as per the Student-No-Show Policy. However, the User can continue to enroll the courses via offline method provided by the Institutes.
18.104.22.168 Cancellation of Enrollment (CoE) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who enrolled a course on the Website and opted to pay offline payment, has not turned up for the admission without cancelling or informing the Institute in advance about the same. When Institute informs Edvizo of the incident or marks a particular enrollment as CoE using the Edvizo IMS software within five (5) days of the enrollment, an email and SMS (“CoE Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, Edvizo shall be entitled to take actions as under Clause 3.4.6 (a). However, Users understand that actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Institute.
22.214.171.124 Following instances, solely at the discretion of Edvizo, would be inferred as valid cases of CoE (“Valid CoE”), in which case the User shall be penalized as per Clause 3.4.6 (a):
126.96.36.199.1 User does not reply within seven (7) days, with reasons to CoE Communication, from the date of receipt of such CoE Communication;
188.8.131.52.2 In case User responds to the CoE Communication with below reasons:
184.108.40.206.2.1 Forgot the enrollment
220.127.116.11.2.2 Chose to enroll in any other Institute;
18.104.22.168.2.3 Busy with other work; or such other reasons (which Edvizo at its discretion decides to be a valid reason to not show up).
22.214.171.124.3 Where the User has enrolled courses and paid fees and is unable to join the Institute, due to some genuine reasons at the sole discretion of Edvizo, pursuant to conducting of an investigation, the User shall be provided with a refund of such payment made by User, at the time of enrollment. However, where cancellation charges have been levied, you would not be entitled to complete refund.
126.96.36.199.4 Edvizo reserves the right to make the final decision in case of a conflict. The total aggregate liability of Edvizo with respect to any claims made herein shall be INR X.
3.4.7 Cancellation and Refund Policy
188.8.131.52 In the event that, the Institute with whom User has paid fee for a course via the Website, has not been able to enroll the User, User will need to write to us at firstname.lastname@example.org within five (5) days from the occurrence of such event; in which case, the entire admission fee as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while enrolling. In a case where the User, does not show up for the joining the Institute, without canceling the admission beforehand, the amount will not be refunded and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Institute), you would not be entitled to complete refund even if you have canceled beforehand.
3.5 NO INSTITUTE-STUDENT RELATIONSHIP
3.5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the education profession. The provision of such Information does not create a licensed education professional/student relationship, between Edvizo and you and does not constitute an opinion, or educational advice, but is only provided to assist you with locating appropriate educational services from a qualified teacher.
3.5.2 It is hereby expressly clarified that the Information that you obtain or receive from Edvizo, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
3.6 EDVIZO CONSULT
Edvizo's Consult is a feature owned and provided by Edvizo that allows Users & Experts to communicate, either via online chat or phone, depending on the option chosen by the User. Further, Users may access this feature on Edvizo’s platform to get assigned, for the purposes of enrollment, to an Expert whereby such Experts are, by default, assigned through the system’s algorithm/software-program that finds the most available and accepting Expert or Users may choose Institutes of choice through the search options made available on Edvizo’s Website. The scope of this feature as detailed herein is collectively referred to as "Consult".
3.6.2 Terms for Users:
The Users expressly understand, acknowledge and agree to the following set forth herein below:
184.108.40.206 In the event, the Users intend to consult a specific Expert of choice, the same is facilitated through search options as made available on Edvizo’s Website. In cases where Users cannot choose an Expert (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Expert.
220.127.116.11 In case any guidance is being provided to User by the Institute, the same is being provided basis the online Expert, however, it may vary when guided in person, hence in no event shall the guidance provided by Experts be relied on as a final and conclusive solution.
18.104.22.168 The Users agree to use the advice from Experts on the website pursuant to:
a) admission related queries.
b) any career related doubts.
i. Notwithstanding anything contained herein, Edvizo in no manner endorses any Institute(s) that Users consult and is not in any manner responsible for any guidance provided by the Institute or Expert.
ii. If Expert or Institute responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that Edvizo may send such communications like text messages/email/calls before and/or after Expert’s counseling (physical or online) to User’s mobile number which is provided by Institute or Expert, based on the Institute’s settings. However, and notwithstanding anything to the contrary in this Agreement, Edvizo does not take responsibility for timeliness of such communications.
iii. Consult, is merely a counseling model, any interactions and associated issues with the Expert or Institute on Consult including but not limited to the User’s personal issues and/or the User’s experiences is strictly between the User and the Expert or Institute. The User shall not hold Edvizo responsible for any such interactions and associated issues.
v. There is a follow-up feature that is made available on one of Edvizo’s product – Edvizo IMS, through which the Institute can notify the User of a follow-up facility that is available post their in-person counseling. The Institute can define the duration and limit of messages that are available to the User for free. When the User starts the follow-up, a chat window opens up for counseling with the Institute for a certain period (set by the Institute) without having to make any payment.
vi. Any conversations that the Users have had with the Institute will be retained in Edvizo database as per the applicable laws and subject to confidentiality.
vii. User understands and agrees to provide accurate information, and will not use this platform for any acts that are considered to be illegal in nature.
viii. The User shall be bound by the jurisdiction as contained in these Terms and Conditions hereunder, at all times, irrespective of the location they may be consulting with Institutes online.
ix. The User shall indemnify and hold harmless Edvizo and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
x. If User decides to use the payment gateway to make payments online, it is solely at User's discretion. Should there be any issues with regard to the payment not reaching the respective Institute’s account, please reach out to email@example.com.
3.6.3 Cancellation and Refund Policy:
22.214.171.124 Our subscription fees are non-refundable.
3.6.4 Express Disclaimers:
126.96.36.199 Edvizo is not an education service provider, nor is it involved in providing any education or education advice, it shall hence not be responsible and owns no liability to either Users or Institutes for any outcome from the counseling between the User and the Institute.
188.8.131.52 Consult is a platform being made available to Users to assist them to obtain counseling from Institutes and does not intend to replace the physical counseling with the Institute or Counsellors.
3.6.5 Terms for Institutes:
184.108.40.206 The Institute shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Institute, Edvizo shall have the right to replace such Institutes for the purpose of consultation to the User or remove such Institutes from the platform/Edvizo application/site; Read more on guidelines here.
220.127.116.11 The Institute understands and agrees that Edvizo shall at its sole discretion, at any time be entitled to, show as other Institutes available for consultation.
18.104.22.168 The Institute shall at all times ensure that all the applicable laws that govern the Institute shall be followed and utmost care shall be taken in terms of the counseling being rendered.
22.214.171.124 The payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Institute, Edvizo will not be responsible for the loss of money if any. In case of there being any technical failure, at the time of the transaction and there is a problem in making payment, you could contact firstname.lastname@example.org.
126.96.36.199 It is further understood by the Institute that the information that is disclosed by the User at the time of counseling is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Institute privilege.
188.8.131.52 The Institute understands that Edvizo makes no promise or guarantee for any uninterrupted communication and the Institute shall not hold Edvizo liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by Edvizo.
184.108.40.206 It shall be the responsibility of the Institute to ensure that the information provided by User is accurate and not incomplete and understand that Edvizo shall not be liable for any errors in the information included in any communication between the Institute and User.
220.127.116.11 The Institute shall indemnify and hold harmless Edvizo and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the services provided by Institute, violation of any law, rules or regulations by the Institute or due to such other actions, omissions or commissions of the Institute that gave rise to the claim.
18.104.22.168 Read more on Settlement Policy here.
3.7 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.7.1 The contents listed on the Website are (i) User-generated content, or (ii) belong to Edvizo. The information that is collected by Edvizo directly or indirectly from the End- Users and the Institutes shall belong to Edvizo. Copying of the copyrighted content published by Edvizo on the Website for any commercial purpose or for the purpose of earning the profit will be a violation of copyright and Edvizo reserves its rights under applicable law accordingly.
3.7.2 Edvizo authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Edvizo Content"), are the property of Edvizo and are protected under copyright, trademark and other laws. User shall not modify the Edvizo Content or reproduce, display, publicly perform, distribute, or otherwise use the Edvizo Content in any way for any public or commercial purpose or for personal gain.
3.7.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.8 REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Institutes or other professionals. The role of Edvizo in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Edvizo disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Edvizo shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Edvizo, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Edvizo may contact you by telephone, email, SMS, or any other electronic means of communication for the purpose of:
i. Obtaining feedback in relation to Website or Edvizo’s services; and/or
ii. Obtaining feedback in relation to any Institutes listed on the Website; and/or
iii. Resolving any complaints, information, or queries by Institutes regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Edvizo. Edvizo’s Feedback Collection and Fraud Detection Policy is annexed as the Schedule hereto and remains subject always to these Terms.
The terms in this Clause 4 are applicable only to Institutes.
4.1 LISTING POLICY
4.1.1 Edvizo, directly and indirectly, collects information regarding the Institutes’ profiles, contact details, and courses. Edvizo reserves the right to take down any Institute’s profile as well as the right to display the profile of the Institutes, with or without notice to the concerned Institute. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Edvizo immediately to enable Edvizo to make the necessary amendments.
4.1.2 Edvizo shall not be liable and responsible for the ranking of the Institutes on external websites and search engines.
4.1.4 Edvizo reserves the right to moderate the suggestions made by the Institutes through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Edvizo shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Institutes are added to the Website.
4.1.5 Institutes explicitly agree that Edvizo reserves the right to publish the Content provided by Institutes to a third party including content platforms.
4.1.7 You as an Institute hereby represent and warrant that you will use the Services in accordance with the applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Edvizo accepts no liability for the same.
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
Edvizo ensures easy access to the Institutes by providing a tool to update your profile information. Edvizo reserves the right of ownership of all the Institute’s profile and photographs and to moderate the changes or updates requested by Institutes. However, Edvizo takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Edvizo’s services and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Edvizo may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF EDVIZO
4.3.1 All Critical Content is content created by the Users of www.edvizo.com (“Website”) and the clients of Edvizo customers and Institutes, including the End-Users. As a platform, Edvizo does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Edvizo and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Edvizo’s Feedback Collection and Fraud Detection Policy is annexed as the Schedule hereto and remains subject always to these Terms.
4.3.2 Edvizo reserves the right to collect feedback and Critical Content for all the Institutes, Teachers and Education Service Providers listed on the Website.
4.3.3 Edvizo shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Edvizo shall not be liable for any effect on Institute’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Edvizo however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
4.3.5 Edvizo will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
4.3.6 If Edvizo determines that you have provided inaccurate information or enabled fraudulent feedback, Edvizo reserves the right to immediately suspend any of your accounts with Edvizo and makes such declaration on the website alongside your name/your Institute name as determined by Edvizo for the protection of its business and in the interests of Users.
4.4 RELEVANCE ALGORITHM
Edvizo has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the students. It is a pure merit driven, a proprietary algorithm which cannot be altered for specific Institutes. Edvizo shall not be liable for any effect on the Institute’s business interests due to the change in the Relevance Algorithm.
4.5 INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Edvizo.
4.6 EDVIZO REACH RIGHTS
Edvizo reserves the rights to display sponsored ads on the Website. These ads would be marked as “ad”. Without prejudice to the status of other content, Edvizo will not be liable for the accuracy of information or the claims made in the Sponsored Ads. Edvizo does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Edvizo will not be liable for the services of the providers of the Sponsored Ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of the applicable law as a result of your use of these Services is your sole responsibility, and Edvizo accepts no liability for the same.
4.7 BOOK APPOINTMENT AND CALL FACILITY
4.7.1 As a valuable partner on our platform, we want to ensure that the Institutes experience on the Edvizo enrolling platform is beneficial to both, Institutes and their Users. For all terms and conditions of Enroll facility on Edvizo profile check Book Standards.
4.7.2 Institute understands that Edvizo shall not be liable, in any event, for any comments or feedback given by any of the Users in relation to the Services provided by Institute. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Edvizo.
5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1 As mandated by Regulation 3(2) of the IG Rules, Edvizo hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
5.2 Users are also prohibited from:
5.2.1 violating or attempting to violate the integrity or security of the Website or any Edvizo Content;
5.2.2 transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Edvizo;
5.2.3 intentionally submitting on the Website any incomplete, false or inaccurate information;
5.2.4 making any unsolicited communications to other Users;
5.2.5 using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
5.2.6 attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
5.2.7 copying or duplicating in any manner any of the Edvizo Content or other information available from the Website;
5.2.8 framing or hot linking or deep linking any Edvizo Content;
5.2.9 circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3 Edvizo, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Edvizo shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5.5 Edvizo may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Edvizo to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Edvizo as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Edvizo or any person on its behalf and the User or where the User has consented to data transfer.
5.6 Edvizo respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
6.1 Edvizo reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
6.1.1 Such User breaches any terms and conditions of the Agreement;
6.1.2 A third party reports the violation of any of its right as a result of your use of the Services;
6.1.3 Edvizo is unable to verify or authenticate any information provided to Edvizo by a User;
6.1.4 Edvizo has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
6.1.5 Edvizo believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Edvizo or are contrary to the interests of the Website.
6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User.
7. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Edvizo, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials, and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
i. provision of or failure to provide all or any service by Institutes to End- Users contacted or managed through the Website;
ii. any content posted, transmitted, exchanged or received by or on behalf of any User or another person on or through the Website;
iii. any unauthorized access to or alteration of your transmissions or data; or
iv. any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
8. RETENTION AND REMOVAL
Edvizo may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
9. APPLICABLE LAW AND DISPUTE SETTLEMENT
9.1 You agree that this Agreement and any contractual obligation between Edvizo and User will be governed by the laws of India.
9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Edvizo. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
9.3 Subject to the above Clause 9.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
10. CONTACT INFORMATION GRIEVANCE OFFICER
10.1 If a User has any questions concerning Edvizo, the Website, this Agreement, the Services, or anything related to any of the foregoing, Edvizo customer support can be reached at the following email address: email@example.com or via the contact information available from the following hyperlink: www.edvizo.com/contact.
10.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Mr. Ayush Designation: Head – Customer Experience Address: 4th Floor, Salarpuria Towers-1, Koramangala, Bangalore, India- 560095 Email: firstname.lastname@example.org Telephone: +91-8011036179 (Ask to be connected to the Grievance Officer) In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by Edvizo. Any consent by Edvizo to, or a waiver by Edvizo of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.