Edvizo Media Private Limited (addressed hereafter as “us”, “we”, or “Edvizo”, also includes its affiliates) is the author and publisher of the internet resource www.edvizo.com (addressed hereafter as “Website”) on the world wide web, as well as the software and applications provided by Edvizo, including but not limited to the mobile application ‘Edvizo’, and the software and applications of the brand names ‘Edvizo Dashboard’, ‘Edvizo App’ and ‘Personal Account’ (together with the Website, referred to as the “Services”).
This Agreement, among other things, provides the terms and conditions for use of Subscription Services, primarily a web-based admission and institute management hosted and managed remotely through the website and through native mobile applications as described in Section 3.9 of this Agreement. The site www.edvizo.com is owned and operated by Edvizo.
1. YOUR AGREEMENT WITH EDVIZO
1.2 You acknowledge that you will be bound by this Agreement for availing any of the Subscription Services offered by us.
1.3 Your access to use the Subscription Services will be solely at the discretion of Edvizo.
2. WHO IS EDVIZO?
Edvizo is the author and publisher of the software Edvizo Dashboard, Edvizo web and mobile Applications and all their variants, editions, add-ons, and ancillary Subscription Services or services (including all files and images contained in or generated by the software, and accompanying data, together with the “Software”). The Subscription Services have been designed for use at businesses, institutions, establishments and organizations engaged in the education services (“Services”) by educational providers (“Institutes”, which term shall also include designated associates of the education providers who would use Software), and clients of the education providers (“End-Users”, which term shall also include members of public who search for Institutes on the website anonymously or as a registered user of the Service) to find, manage and organize information including but not limited to personal or non-personal information, business information, admissions, academic records, billing, inventory and accounting details. All users of the Subscription Services are together termed as (“Users” or “you” or “your”).
Edvizo makes no express or implied representations or warranties about its Subscription Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. Edvizo does not authorize anyone to make a warranty on Edvizo’s behalf and you may not rely on any statement of warranty as a warranty by Edvizo.
3.2 You must be 18 years of age or older to register? use these Subscription Services in any manner. By registering, or accepting this Agreement, you represent and warrant to Edvizo that you are 18 years of age or older and that you have the right, authority and capacity to use the Subscription Services available through the Edvizo and agree to and abide by this Agreement. You also represent and warrant that you are not a person barred from receiving the Subscription Services under the laws of India or other countries including the country in which you are resident or from which you use the Subscription Services.
3.3 The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
3.3.1 the Indian Contract Act, 1872,
3.3.2 the (Indian) Information Technology Act, 2000, and
3.3.3 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”).
3.4 A condition of the User’s use of and access to the Subscription Services available provided by Edvizo to Users is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource/the Subscription Services immediately and immediately discontinue use of all Subscription Services available at the Edvizo.
3.5 Edvizo authorizes the User to view and access the content available on the Subscription Services solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Subscription Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Subscription Services (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.
3.6 Multiple Users are not permitted to share the same/single login.
3.7 If you are an employee, associate, consultant, intern or are in any way associated to the Institute that has subscribed to the Subscription Services and the subscribing Institute has authorized you, explicitly or implicitly, to use the Subscription Services, this Agreement is a three-way agreement between you, the Institute and Edvizo. Both the Institute and Edvizo may seek recourse against you for any violation of the terms of this Agreement.
3.8 Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their login or right to use the Subscription Services to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Subscription Services and for ensuring that all of such Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof by you.
3.10 You agree that any registration information you give to Edvizo will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Subscription Services be registered in your name and you might be asked to provide supporting documents to prove the same.
3.11 You agree that you will not use the Subscription Services provided by Edvizo for any unauthorized and unlawful purpose. You will not impersonate another person, including, without limitation, a Teacher, an Institute or User.
3.13 You agree not to access (or attempt to access) any of the Subscription Services by any means other than through the interface that is provided by Edvizo, unless you have been specifically allowed to do so in a separate agreement with Edvizo.
3.14 You agree that you will not engage in any activity that interferes with or disrupts the Subscription Services (or the servers and networks which are connected to the Subscription Services).
3.15 You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Subscription Services for any purpose whatsoever.
3.17 You shall indemnify Edvizo for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by Edvizo as a result of your breach under any applicable law.
3.18 You expressly acknowledge and agree that your use of the Subscription Services is at your sole risk and that the Subscription Services are provided "as is" and "as available”.
3.19 You agree that you will not make any unsolicited calls or use any information displayed on the Edvizo, an online platform? to breach any applicable rules and guidelines related to unsolicited commercial communications, including but not limited to regulations & guidelines such as TRAI guidelines for telemarketers, or otherwise violate applicable law while using the Subscription Services.
3.20 You agree that this Agreement and the Subscription Services of Edvizo are subject to any modification, or may be removed by Edvizo, as a result of change in government regulations, policies and local laws as applicable.
3.21 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any login you use to access the Software.
3.22 Your use of each Subscription Service confers upon you only the rights and obligations relating to such Subscription Service, and not to any other Subscription Service or service that may be provided by Edvizo. For instance, being a subscriber to Edvizo Dashboard does not automatically entitle you to a higher ranking on Edvizo’s Institute search facility.
4. Use of Subscription Services
4.1 Edvizo provides Software through its website, as a Software as a Service (SaaS) model. Edvizo is not responsible for and does not deal with any student managed by User through the website or native mobile applications and only provides Software to User through the website and native mobile applications. To the extent User uses such software or downloads such software from the website, the software, will be deemed to be licensed to User by Edvizo, for providing Subscription Services to User and enabling User to use that Software only. Edvizo does not transfer either the title or the intellectual property rights to the Software and other its Subscription Services, and Edvizo (or its licensors) retain full and complete title to the Software as well as all intellectual property rights therein. User agrees to use the Subscription Services and the materials provided therein only for purposes that are permitted by (a) this Agreement? and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Information provided by a User to Edvizo may be used, stored or republished by Edvizo or its affiliates even after the termination of these Terms of Service.
4.2 Edvizo may offer at its discretion, a free trial of its Subscription Services for a specified time period. Users of the Software during the trial period are bound by the terms of this Agreement and any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions. Any data User enters into the Software, and any customizations made to the Software by or for User, during User’s free trial will be permanently lost at the expiry of the specified time period unless the User upgrades his/her/its subscription to one of the User Plans. Edvizo does not provide any warranty during the trial period.
4.3 Edvizo offers its Subscription Services on an as-is basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honour customization requests of any User. The subscription fee hence charged is exclusive of any customization costs.
4.4 User shall not access the Subscription Services of Edvizo if the User or the organization that he/she/it represents is Edvizo’s direct competitor, except with Edvizo’s prior written consent. In addition, the User shall not access the Subscription Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
4.5 Edvizo provides, at its discretion basic support for the Subscription Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Subscription Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which Edvizo shall give at least 8 hours’ notice to Users via the Subscription Services and which Edvizo shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Indian Standard Time (IST) Friday to 6:00 a.m. Indian Standard Time (IST) Monday), or (ii) any unavailability caused by circumstances beyond Edvizo’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. Edvizo will provide the Subscription Services only in accordance with applicable laws and government regulations.
4.6 Notwithstanding anything to the contrary contained herein, Edvizo does not warrant that its Subscription Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Subscription Services (depending on the Subscription Services used) and native mobile applications and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, your power supply and telephony services. Edvizo takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
4.7 In the event that the Software is not available due to an apparent fault at Edvizo’s end or are rendered unusable, Edvizo may at its discretion extend the subscription period of the Institute only by the number of calendar days during which the Subscription Services were not available. However, you shall agree that Edvizo is not responsible and will not be held liable for any failure of the intermediary services such as internet connectivity failure or telephonic disconnections.
4.8 The Subscription Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Users are permitted to make against Edvizo’s application programming interface, and, other limitations dependent on the ‘User Plan’, for example, number of SMS, number of admissions, number of users or accounts, validity of subscription and any other limitations. Any such limitations are specified in the User Plans. The Subscription Services have been designed to provide real-time information to enable User to monitor such User’s compliance with such limitations.
4.9 Notwithstanding anything to the contrary contained herein, Institute alone shall be liable for Institute’s dealings and interaction with a student, his/her representatives or affiliates, searching for Institutes through the Website (the “End-user”), contacted or managed through the Software and Edvizo shall have no liability or responsibility in this regard. Edvizo does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by End-Users or any third party through the Subscription Services.
4.10 Edvizo may, at its sole discretion, suspend User’s ability to use or access the Subscription Services at any time while Edvizo investigates complaints or alleged violations of this Agreement, or for any other reason.
4.11 Edvizo reserves the right to use all information captured in its Subscription Services in anonymized form for the purpose of its Subscription Services improvements, and providing analytics and businesses intelligence to the third parties. On the basis of such information, Edvizo tries to make its Subscription Services more useful in following way:
i. Promotion of new Subscription Services;
ii. Analysing software usage patterns for improving Subscription Services design and utility?
iii. Analysing anonymised students’ information for research and development of new technologies and any other Subscription Services offerings?
Users can use the rectification tools provided by Edvizo or contact Edvizo immediately for rectifications. Edvizo shall bear no liability or responsibility in this regard.
4.12 Edvizo reserves the right to use the following types of information stored in our software:
i. Course information?
ii. Institute information?
iii. Teachers information;
iv. End-Users’ demographic information (anonymized form) ?
v. End-Users’ information in relation to his academic and history (anonymized form) ?
4.14 The Subscription Services available by Edvizo accepts online admission requests for all Institutes listed and displayed on its website. Edvizo intends to take all reasonable steps to duly inform Institutes via phone and email for admission requests made on Service. However, it is possible that some admission requests do not reach the Institutes at all or in a timely manner due to technical or operational reasons including but not limited to cases when Institutes do not respond to phone calls made by Edvizo or when Institutes do not read emails or text messages sent by Edvizo in a timely manner. Edvizo shall have no liability or responsibility in this regard.
4.15 While Edvizo makes every feasible effort to ensure a confirmed admission for an End-User who requested an admission on the Service, Edvizo does not guarantee that the admissions will be confirmed in all cases. Further, Edvizo has no liability if such admission is confirmed but later cancelled by any of the End-Users.
4.16 Certain Subscription Services (including ancillary Subscription Services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Software (“Specific Terms”). In such cases, the applicable Specific Terms will be and your access to and use of the relevant Subscription Services will be contingent upon your acceptance of and compliance with such Specific Terms.
4.17 Edvizo reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Subscription Services as and when it deems fit, and make any such changes available in newer versions of its Subscription Services or native mobile application or all of these at its discretion. All Users of its Subscription Services will be duly notified upon release of such newer versions and Edvizo reserves the right to automatically upgrade all Users to the latest version of its Software as and when it deems fit.
4.18.1 Edvizo Dashboard (“Dashboard”) is available ‘on the cloud’ wherein Institutes are able to access to the solution for a specific period of time, as chosen by them.
4.18.2 The Institute agrees that if the Software is being used by its employees or agents, including receptionists, such employees or agents will use the Software in accordance with this Agreement.
4.18.3 User can use Dashboard to manage admissions with End-Users, send End-Users messages for events or exams or results or attendances, record the academic performances of students and generate bills and invoices.
4.18.4 Dashboard being an ancillary product of Edvizo, the reviews and recommendations shared over Dashboard can be displayed on the Website. Reviews and recommendations of the End-Users not registered with Edvizo may be displayed on the Website through the dashboard. User agrees that Edvizo shall not be responsible for any of the reviews made on the Website.
4.18.5 Edvizo reserves the right to make any further operational changes to the Software, at its discretion and the Institutes will be notified of such changes or updates with a prior notice.
4.18.6 User shall agree that they will be subscribing the Software for the purpose of End-User management and will not use the Subscription Services provided by Edvizo for any unauthorized and unlawful purpose. You will not impersonate another person.
4.18.7 User shall agree that you will indemnify and keep indemnified Edvizo for all the costs, damages and losses if any in case of any breach of security procedures by the User(s), User’s employees or its vendors.
4.18.8 Any communication sent by or through Edvizo to the clients or customers (whether or not End-Users) of a particular Institute is based solely on information uploaded by such Institute on the Dashboard software. The accuracy and completeness of such information (including but not limited to contact details of the client or customer) is the sole responsibility of the Institute. Edvizo will not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
4.18.9 Edvizo Dashboard sends alerts pertaining to the follow-up admission process to the End Users of the Customers and enables the End Users to also access their admission details through User account created through edvizo.com or Edvizo mobile app.
4.18.10 The User shall refer to and be bound by Edvizo’s instructions and policies on ‘Dashboard’, as available at: https://www.edvizo.com.
4.19.1 Nature of Product
188.8.131.52 Edvizo Ads is a subscription package which enables Institutes the opportunity to appear at a superior position among the search results of an End User in a particular Zone. A Zone is a predefined group of localities in a city. Edvizo reserves the right to alter the limits of any predefined Zone at its own discretion on a subscription basis, based on applicable filters. A minimum number of views of the Ads are guaranteed over the subscription period.
184.108.40.206.1 Edvizo Ads subscriptions do not include the following:
220.127.116.11.1.1 Minimum guarantee of admissions, phone calls etc.;
18.104.22.168.1.2 Recommendations given by the End-Users? and
22.214.171.124.1.3 Any modification to Institute’s Edvizo Profile.
4.19.2 Edvizo Ads lists only the Institutes registered with the Website and Edvizo reserves the right to display or to take down any listing, as applicable under the law.
4.19.4 Edvizo reserves the rights to display the reviews or the recommendations of the User on the Institutes Page, when you are looking for an enrolment. However, Edvizo will not be liable for any inaccuracy or claims made in the Ads.
4.19.5 Edvizo shall not be liable for any third party claims arising under the applicable laws in relation to Edvizo Ads and the Users and Institutes are advised to review and adhere to applicable laws and regulations in relation to applicable jurisdiction.
4.19.6 Edvizo will not be liable for accuracy or inaccuracy of information or the claims made in Edvizo Ads. Edvizo does not encourage the Users to visit the Edvizo Ads page or to avail any services from them. Edvizo will not be liable for the services provided by Edvizo Ads Institutes or for the content posted by Institutes.
4.19.7 The User of Edvizo Ads may also be a User of Edvizo Dashboard. If any User or Institutes requires a takedown of any Edvizo Ads listing, the same may be the subject matter of a notice to the Grievance Officer as provided hereunder.
4.19.8 Your use of ‘Edvizo Ads’ does not constitute an explicit or implicit warranty or guarantee by Edvizo that you will receive any particular number admissions, registrations, or inquiries from End-Users of Edvizo or otherwise. The ‘Edvizo Reach’ and ‘Reach Plus’ merely enables listing of your information (should you choose to subscribe to it) on a priority basis, with a ‘sponsored’ ranking, and is provided on an as-is basis.
4.19.9 The User shall refer to and be bound by Edvizo’s instructions and policies on ‘Ads’ as available at the following link: https://www.edvizo.com.
4.20 Payment, Fees, and Taxes
4.20.1 Edvizo may add new Subscription Services for additional fees and charges or may proactively amend fees and charges for existing Subscription Services, at any time in its sole discretion. Fees stated prior to the Subscription Services being provided, as amended at Edvizo’s sole discretion from time to time, shall apply.
4.20.2 If you purchase any subscription-based paid Service, you authorize Edvizo to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Service, and you authorize Edvizo to make such modification to the fee structure as required during the subsistence of a subscription period and also agree to abide by such modified fee structure.
4.20.3 You agree that the billing credentials provided by you for any purchases from Edvizo will be accurate and you shall not use billing credentials that are not lawfully owned by you.
4.20.4 The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Subscription Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and on any additional usage beyond limitations of the User plans but not on actual usage of the Subscription Services. The subscription fee is non-refundable.
4.20.5 Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. Edvizo is in no way responsible for any of the User’s taxes or legal or statutory compliances, except for its own due diligence.
4.20.6 Edvizo may make available an offline fee payment facility, supported by a third party vendor. Edvizo is not responsible for any loss or damage caused to the User using this payment facility provided by such third party vendor.
4.20.7 The fees could also be paid by cheque payable at Bengaluru, either collected personally from the User or required to be mailed to Edvizo at the following address: Edvizo Media Private Limited, 4th Floor, Salarpuria Towers-1, Koramangala, Bengaluru, India – 560 095.
4.21 All fees are exclusive of taxes. Service Tax and other statutory taxes as applicable are levied on every purchase.
4.22 The payment process would be considered to be complete only on receipt of the fees into Edvizo's designated bank account.
4.23 Fees not received within the specified due dates attract late charges of 18% per annum from the due date of payment, and any such charges may be levied at Edvizo's sole discretion.
4.24 Edvizo reserves the right to modify the fee structure by providing a 30 (thirty) days’ prior notice, either by notice on the Subscription Services or through email to the authorized User, which shall be considered as valid and agreed communication. Upon the User not communicating any response to Edvizo to such notice, Edvizo shall apply the modified fee structure effective from the expiry of the said notice period.
4.26 Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, an invoice for subsequent subscription period/renewals shall be generated 10 (ten) days prior to the expiry of the existing subscription period and an email will be sent to such User registered with Edvizo intimating such User about expiration of the current subscription period and that the credit card of such User registered with Edvizo will be charged automatically against payment of subscription fee for subsequent subscription period, along with a copy of the invoice for the subsequent subscription period/renewal. Subject to the provisions of section 8.2 below, if a User is not willing to continue or renew the subscription of Subscription Services, the same shall be communicated to Edvizo by the User within 5 (five) days of receipt of such intimation from Edvizo. In the absence of such intimation to discontinue the subscription, Edvizo shall be entitled to charge the credit card of the User registered with Edvizo on the day the current subscription period expires.
4.27 Edvizo shall send an intimation of receipt of fee from the Users through an email within 7 (seven) working days of receipt of fee into Edvizo’s designated bank account.
4.28 In case of non-payment of any fee beyond the date a payment becomes overdue (overdue date), Edvizo reserves the right to take any or all of the following actions as it deems appropriate (i) reduce all Subscription Service credits in Users’ Subscription Services account to 0 (zero) any time after 7 (seven) days from the overdue date, including but not limited to SMS and Call credits. (ii) discontinue the Subscription Services to the User any time after 30 (thirty) days from the overdue date. (iii) delete all information in User’s account any time after 90 (ninety) days from the overdue date.
4.29 Fees and charges shall be calculated solely based on records maintained by Edvizo or its third-party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of Edvizo shall be final and binding in relation to any fees payable by Users.
4.31 Edvizo will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Subscription Services, or parts thereof, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees, paid deposits or payments for Subscription Services other than the non-refundable one time setup fees as due prior to permanent discontinuation the Subscription Services or upon the expiry of 45 (forty five) days from the date of your written notice to Edvizo. Edvizo shall have the right to deduct any taxes that are due in relation to the refund amount (if any). The subscription fees are non-transferable and the payment made by the User for a particular Subscription Service cannot be transferred or carried over to another Service.
4.32.1 End-Users’ Records will display and contain the same Academic Records that was created by the End-User's or provided by you in the designated section for Academic Records in Edvizo Dashboard software. Edvizo shall not validate the Academic Records and will not be responsible for any errors in or incompleteness of such Academic Records provided by you. You hereby represent and warrant that to the extent that you provide any such Academic Records, it is true and complete to the best of your knowledge.
4.32.2 By switching on “Edvizo Share” setting or similar settings in the Services, you are granting an irrevocable right of ownership to the relevant End-Users to Academic Records, including but not limited to any academic records and information that is classified as sensitive personal information of the students or customers.
4.32.3 For your students and customers that are not referred to you by Edvizo, it is your responsibility to ensure that such students’ and customers’ mobile numbers and email IDs are correctly provided and mentioned for the intended owner of the Records while using the Services. In case of any errors or changes in details, you are required to inform Edvizo of the same as soon as you become aware of such errors or changes.
4.32.4 Edvizo is not responsible for verifying the accuracy or completeness of such persons’ details or provided Academic Records, and shall not be liable for any errors in the same.
4.32.5 Changing the contact number will not affect the Academic Records already added to the End-Users’ Records.
4.32.6 Edvizo is not liable, if for any reason Academic Records are not delivered, are delivered late or are not accessed by the intended student or customer, despite efforts put in by Edvizo towards the same. While Edvizo shall endeavour to take all reasonable steps through its dedicated support team to resolve any technical or operational difficulties for the delivery of the Academic Records to the user’s student or customer, Edvizo makes no promise or guarantee for any uninterrupted access to the Records to your student or customers.
4.32.7 Edvizo reserves the right to recall or partially recall any shared Academic Record due to inadvertent or incorrect sharing by you or any other reason as it may deem fit.
4.32.8 Owner of the institute is solely responsible to manage the Edvizo Share settings for the institute.
4.32.9 Owner is solely responsible to inform all relevant Edvizo Dashboard users within the institute about the intended usage of the feature.
4.32.10 Any change to the setting will be effective only from the date of change, not retrospectively unless otherwise communicated by Edvizo.
4.32.11 Edvizo has the right to communicate and inform End-Users without any prior notice to the Institutes about the shared Academic Records through SMS, email or any other platform on behalf of the Institute.
4.32.12 Edvizo has the right to independently resolve any technical or operational issue of the End-User regarding the access of the Academic Records.
4.32.13 Edvizo has the right to not to provide the access of the Academic Records to the user without any prior notice to avoid Academic Records theft.
4.32.14 Edvizo is not responsible for any unintended access of Records due to change in phone number of the End User.
4.32.15 Edvizo will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Academic Records for any reason.
4.32.16 You agree and acknowledge that Edvizo may need to access the Academic Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
5. Collection, Use, Storage and Transfer of Personal Information
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? and
iii. How and to whom Edvizo will disclose such information.
i. the fact that the information is being collected?
ii. the purpose for which the information is being collected?
iii. the intended recipients of the information?
iv. the name and address of the agency that is collecting the information and the agency that will retain the information? and
v. the various rights available to such Users in respect of such information.
5.4 Each Institute and its users of Software will be responsible for obtaining explicit consent from their End-Users before storing any End-User information in Software.
5.5 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 any other person acting on behalf of Edvizo.
5.7 The User is responsible for maintaining the confidentiality of the User’s login account access information and password. The User shall be responsible for all usage of the User’s login or 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 login or password. Although Edvizo will not be liable for your losses caused by any unauthorized use of your account such as stolen or hacked passwords, you may be liable for the losses to Edvizo or any others parties due to such unauthorized use
5.8 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 Subscription Services to the User at its sole discretion.
5.9 Edvizo may, at its discretion, use information stored in its Subscription Services from time to time for the purposes of debugging customer support related issues.
6.1 As mandated by Regulation 3(2) of the IG Rules, Edvizo hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
6.1.1 belongs to another person and to which the User does not have any right to?
6.1.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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?
6.1.3 harm minors in any way?
6.1.4 infringes any patent, trademark, copyright or other proprietary rights?
6.1.5 violates any law for the time being in force?
6.1.6 deceives or misleads the addressee (or End-User or User) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature?
6.1.7 impersonate another person?
6.1.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource?
6.1.9 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
6.2 The User is also prohibited from:
6.2.1 violating or attempting to violate the integrity or security of the Subscription Services or any Edvizo Software?
6.2.2 transmitting any information (including job posts, messages and hyperlinks) on or through the Subscription Services that is disruptive or competitive to the provision of Subscription Services by Edvizo?
6.2.3 intentionally submitting on the Subscription Services any incomplete, false or inaccurate information?
6.2.4 making any unsolicited communications to other Users?
6.2.5 using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service?
6.2.6 attempting to decipher, decompile, disassemble or reverse engineer any part of the Subscription Services unless explicitly permitted by Edvizo?
6.2.7 copying or duplicating in any manner any of the Edvizo content or other information available from the Service?
6.2.8 framing, hot-linking or deep-linking any Edvizo content.
6.2.9 circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
6.3 Edvizo, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 6.2 above, shall be entitled to disable such information that is in contravention of S. 6.2. Edvizo shall be entitled to preserve such information and associated records for at least 90 (ninety) days for service on to governmental or investigative authorities for investigation purposes.
6.6 Edvizo respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
7.2 The User shall not hold Edvizo responsible or liable in any way for any disclosures by Edvizo under Regulation 6 of the SPI Rules.
7.3 The Software provided by Edvizo or any of its licensors or providers are provided "as is”," as available”, 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 guaranty, express or implied about the Subscription Services. Edvizo does not verify any content or information provided by Users on its Subscription Services and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Subscription Services, , the Edvizo Content, representations and warranties made by the Users or the content or information provided by the Users on the Subscription Services or any opinion or suggestion given or expressed by Edvizo or any User in relation to any User or Subscription Services provided by such User.
7.4 Edvizo assumes no responsibility, and shall not be liable for ways in which End-User data is used by Institutes and other authorized users of Software at an Institute. It is the responsibility of the Institute alone to ensure that the End-User data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications published by Edvizo, is used in compliance to local privacy laws applicable to the Institute’s business transactions with End-Users.
7.5 The Subscription Services of Edvizo may be linked to the services 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 Subscription Services or made available by/through our Subscription Services. Inclusion of any link on the Subscription Services does not imply that Edvizo endorses the linked site. User may use the links and these Subscription Services at User’s own risk.
7.6 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 Subscription Services or the downloading of any material, data, text, images, video content, or audio content from the Service. If a User is dissatisfied with the Service, User’s sole remedy is to discontinue using the Subscription Services of Edvizo.
7.7 The Subscription Services may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Edvizo representatives or agents, and their opinions or statements do not necessarily reflect those of Edvizo, and they are not authorized to bind Edvizo to any contract. Edvizo hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
7.8 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 Subscription Services or the content, materials and functions related thereto, User’s provision of information via the Subscription Services of the Edvizo, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any Subscription Services by Institutes to End-Users contacted or managed through the Service. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Subscription Services. 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 the terms and conditions or a User’s use of the Subscription Services exceed, in the aggregate Rs. 5000.
7.9 The listing order of Institutes and/or Teachers on the Subscription Services is based on numerous factors including End-Users’ comments and feedbacks. In no event shall the protected entities and the Edvizo be liable or responsible for the listing order of Institutes and/or Teachers on the Service. Further, Edvizo shall not be responsible for adverse feedback or comments, or ratings on the Subscription Services which are a subject matter of automated processes, and Edvizo disclaims any liability for lost business or reputation of a User due to information, data or ratings that’s are available on the Service. Edvizo at its discretion hold the sole right to display the listing order of the Institutes and/ or Teachers.
7.10 The reviews and the feedbacks are displayed by the Edvizo at its discretion. You agree that Edvizo may contact you through telephone, email, SMS, or at your contact details for the limited purpose of:
7.10.1 Obtaining feedback in relation to Edvizo’s Subscription Services? and/or
7.10.2 Obtaining feedback in relation to any Institutes listed on the Service.
7.11 The protected entities and the Edvizo shall not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in Edvizo Subscription Services made to you, or for any unauthorized interception of Customer’s communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service, or equipment that it does not furnish, or for damages that result from the operation of Customer provided systems, equipment, facilities or services that are interconnected with the Service.
User agrees to indemnify and hold harmless Edvizo, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of Software, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Edvizo will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Edvizo has a zero-tolerance spam policy. Edvizo employs controls on user permission to receive Content from Edvizo’s Subscription Services and has easily accessible ways for users to block or not receive content if they chose to. However, Edvizo’s policy on spam is clearly stated below:
i. Spamming is defined as the practice of (i) sending unsolicited messages, likely with commercial content, (ii) in large quantities (iii) to an indiscriminate set of recipients. The result of this practice is termed “Spam”.
ii. The sender of any message deemed to be "spam" is liable for a fine of Rs. 5,000/ for each end user that receives each unauthorized message. The sender of ‘Spam’ will pay all fees owed to Edvizo within thirty (30) days of such transmission.
10. Term, Termination, and Disputes
10.1 This Agreement will remain in full force and effect while the User is a user of any of the Subscription Services in any form or capacity.
10.2 The User can request for termination of his/her/its membership with Edvizo at any time by providing a 30 (thirty) days’ prior written notice to email@example.com. During this 30 days period, Edvizo will investigate and ascertain the fulfilment of any ongoing Subscription Services or pending dues related to subscription fees or any other fees by the User. Edvizo may require the User to continue his/her/its subscription until the completion or termination of an ongoing Subscription Services or subscription period, should the situation warrant and at Edvizo’s discretion. The User shall be obligated to clear any dues with Edvizo for any of its Subscription Services for which the User has procured. Edvizo shall not be liable to you or any third party for any termination of your access to the Site and/or the Subscription Services.
10.3 Edvizo reserves the right to terminate any account in cases:
ii. Edvizo is unable to verify or authenticate any information provided to Edvizo by a User? or
iii. 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 Service.
10.5 Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Subscription Services subscription due to non-payment, Edvizo will make available to the User for download a copy of such User’s data in comma separated value (.csv) format or any other format as determined by Edvizo. After such 30 (thirty) days period, Edvizo shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription. User’s data will not be available after termination of subscription in such cases.
10.6 Edvizo reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Subscription Services and immediate termination of the User’s account with or without ability to access the Software, upon any breach by the User of this Agreement or if Edvizo is unable to verify or authenticate any information the User submits to Edvizo, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Edvizo to provide the Subscription Services to the User.
10.7 This Agreement and any contractual obligation between Edvizo and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Bengaluru, India.
10.8 Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
10.9 Any amendment in these Terms shall replace all previous versions of the same.
11. Theft of Subscription services
You agree to notify Edvizo immediately, in writing or by mail to firstname.lastname@example.org or by calling Edvizo customer care on +918011035308, if your content is stolen or if you become aware at any time that your account with any Subscription Service is being misused or being used fraudulently. When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscription Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you. You will be liable for all use of the Subscription Services if your account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, Edvizo shall not be liable to extend the subscription period or waive off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. Edvizo will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorized user of your Subscription Services.
12. Misuse of Subscription services
13. Severability and Waiver
14. Contact Information
14.1 If any User has any question, issue, complaint regarding any of our Subscription Services, please contact our customer service at email@example.com.
14.2 If a User has any questions concerning Edvizo, the Service, this Agreement, or anything related to any of the foregoing, Edvizo can be reached at the following email address: firstname.lastname@example.org or via the contact information available from the following hyperlink: www.edvizo.com/contact