We value your trust. In order to honour that trust, Proelium Learning Solutions Private Limited (along with its subsidiaries, the “Company“, “us“, “we“, or “our“) adheres to ethical standards in gathering, using, and safeguarding any information you provide through (a) use of our website at https://edacdigital.co.im as well as all related websites (together, the “Website”), the mobile application, E-DAC Digital provided by us (the “Application” or “App”), and other services (collectively, together with the Website and the Application, our “Service”).

These Terms of Use (“Terms“) set out below governs your use of all the Applications/Websites/Services.

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 thereunder, as amended from time to time.

Please carefully read the Terms with respect to registration with us and before the use of the Service. In the event of any discrepancy between the Terms and any other policies with respect to the Service, the provisions of the Terms shall prevail.

Your use/access/browsing of the Service (with or without payment/with or without subscription) through any means shall signify your acceptance of the Terms and your agreement and acknowledgement to be legally bound by the same.

If you do not agree with the Terms, please do not use the Application or Website or avail the Services. Any access to our Website/Services/Application through registrations/subscription is non-transferable.

1. SCOPE OF TERMS

1. 1. Proprietary Information: Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Service are proprietary property of the Company (“Proprietary Information“). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on this Service shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to you/the Minor Student (as defined in the Privacy Policy). You may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You/the Minor Student are not permitted to use the same without the consent of the respective third party.

1. ACCESS AND USE

1. 1. Your use of our Website, Application and Services is solely for your personal and non-commercial use. Any use of the Service or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Service shall be subject to the following restrictions:
   2. You shall not decompile, reverse engineer, or disassemble the contents of the Service or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Service, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Service.
   3. You will not (a) use this Service for commercial purposes of any kind, or (b) advertise or sell the Service (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Service in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company.
   4. You shall not be permitted to perform any of the following prohibited activities while availing our Services:
      1. Making available any content or material that:
         1. violates any law for the time being in force;
         2. is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, pornographic, paedophilic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically, relating or encouraging money laundering or gambling, or otherwise objectionable or inconsistent with or contrary to the laws in force;
         3. is harmful to a child;
         4. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order;
         5. is patently false and untrue, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or
         6. you do not have a right to make available under any law or contractual or fiduciary relationship, unless you own or control the rights thereto or have received all necessary consents for such use of the content.
      2. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
      3. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
      4. Interfering with any other person’s use or enjoyment of the Service;
      5. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
      6. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      7. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Service, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or Personal Information about other users without their consent;
      8. Access or use the Service in any manner that could damage, disable, overburden or impair any of the Application’s/Website’s/Service’s servers or the networks connected to any of the servers on which the Service are hosted;
      9. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Service, violate any requirements, procedures, policies or regulations of networks connected to the Service, or engage in any activity prohibited by these Terms;
      10. Disrupt or interfere with the security of, or otherwise cause harm to, the Service, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Service or any affiliated or linked sites;
      11. Interfere with, or inhibit any user from using and enjoying access to the Service, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Service;
      12. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Service, to access, acquire, copy or monitor any portion of the Application /Website/Services, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services;
      13. Alter or modify any part of the Services;
      14. Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
      15. Violate any of the terms specified under the Terms for the use of the Service.

1. USER CONTENT

1. 1. By submitting content on or through the Service (“Material“), you (for yourself or on behalf of your ward, child, children, as applicable) grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate the Material with you, as applicable, except as described below. You agree that others may use the Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose the Material in accordance with these Terms. If you delete your user account, the Material and your name may remain available through the Services.

1. INFORMATION AVAIBLE ON THE WEBSITE AND THE APPLICATION

1. 1. In the preparation of the Service and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and inaccuracy of the information that may be contained in the Service. Any feedback from you is most welcome to make the Service and contents thereof error free and user friendly. The Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Service for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
   2. Our Service provide users with access to compiled educational information and related sources. Such information is provided on an ‘as is’ basis and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Service. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time our Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without the Company’s prior written consent.
   3. Certain contents in the Service (in particular relating to assistance in preparations for administrative services) may contain opinions and views. The Company shall not be responsible for such opinions or any claims resulting from them. Further, the Company makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
   4. Some parts of the Service are interactive, and we encourage contributions by users, which may or may not be subject to editorial control prior to being posted. The Company accepts no responsibility or liability for any material communicated by third parties in this way. The Company reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, we will not be responsible or liable for any content uploaded by users directly on the Website, irrespective of whether we have certified any answer uploaded by the user. We would not be responsible to verify whether such questions/answers or contents placed by any user contain infringing materials or not.

1. THIRD PARTY SERVICES/CONTENT
   1.  Company is not responsible for Third Party Services and that we make no representations or warranties regarding Third Party Services. Company does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from any Third-Party Services. Formstack will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any Third-Party Services. If you decide to enable, access or use Third Party Services, be advised that your access and use of such Third-Party Services are governed solely by the terms and conditions of such Third-Party Services. You irrevocably waive any claim against Company and its affiliates with respect to such Third-Party Services. “Third Party Services” means third party products, applications, services, videos, software, networks, systems, directories, websites, databases and information which Company Service links to, or which you may connect to or enable in conjunction with a Proelium Service, including, without limitation, Third Party Services which may be integrated directly into your account by you or at your direction.

THE USE OF THIRD-PARTY SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE YOU EXPERIENCE AS A RESULT OF YOUR USE OF THIRD-PARTY SERVICES. ANY WARRANTY THAT IS PROVIDED BY A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY COMPANY OR ANY OF ITS AFFILIATE.

1. PARAMETERS OF THE USE OF THE SERVICE

1. 1. Company may ask for your photograph(s), at the time of registration or at any other time. By submitting such photograph(s) you grant us, including on behalf of your child, ward, children, where applicable, a worldwide, irrevocable, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such photograph, for purposes of publicity or advertisement, in any and all media or distribution methods (now known or later developed) and to associate the photograph(s) with you or your ward, child or children, as the case may be. No license fee shall be paid by Company to you, ward, child or children/ for this purpose.
   2. Access to certain elements of the Application/Services including doubt clearance, mentoring services etc. may be subject to separate terms, conditions and fair usage policy. The Company reserves the right to determine the criteria for provision of various elements of Services to the different categories of users based on its policies. Hence, subscription to or registration the Application/Services does not automatically entitle you to any and all elements of Services provided by the Company and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of our Services at our discretion.
   3. The Company’s Service, including the content contained therein, are compatible only with certain devices/tablets/instruments/hardware. The Company shall not be obligated to provide workable products and/or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Company’s Service. The Company reserves the right to upgrade the table/type of compatible devices as required from time to time.
   4. In order to access the Services and to avail the use of the Service, you shall be required to register yourself with the Service, and maintain an account with the Service. You will be required to furnish certain information and details, including Name, Email ID, Mobile No., School Code, Interests, Grade, and Subjects, and any other information deemed necessary by the Service. With respect to the provision of information, the following may be noted:
      1. It is your sole responsibility to ensure that the account information provided is accurate, complete and latest.
      2. You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under your account. You agree to (a) ensure that you successfully log out from the account at the end of each session; and (b) immediately notify the Company of any unauthorized use of your account. If there is reason to believe that there is likely to be a breach of security or misuse of your account, we may request you to change the password or we may suspend your account without any liability to the Company, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from any failure to comply with this provision.
      3. You acknowledge that your ability to use the account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility to the Service at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable for any damages arising from your/the Minor Student’s inability to log into the account and access the Service at any time.
   5. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Service that may occur by virtue of any person including a Minor Student registering for the Services/products provided.
   6. By using the products or Services you warrant that all the data provided by you is accurate and complete and that ward/child/children using the Application has obtained your consent as the parent/legal guardian, where applicable.

1. INDEMNITY

1. 1. You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access of the Service; (ii) your Student’s violation of any term of these Terms or any other policy of the Company; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your use of the Service has caused damage to a third party. This defense and indemnification obligation will survive these Terms.
   2. In no event shall the Company, its officers, directors, employees, partners or agents be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, your use of, or access to, the Service.

1. DAMAGES

1. 1. In the event of your breach of these Terms, you agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.

1. SUSPENSION OF ACCOUNT

1. 1. Any violation by you/the Minor Student of these Terms, may result in immediate suspension or termination of your account apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose your account information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.

1. GOVERNING LAW AND DISPUTE RESOLUTION

1. 1. The Terms shall be governed by and construed in accordance with the laws of republic of India, without regard to conflict of law principles and in the eventuality of any dispute or difference (including in the eventuality of violation of the Terms by any party) should arise on any matter relating to or arising out of the Terms, the same shall be referred to the arbitration under the provisions of Arbitration & Conciliation Act, 1996.
      It is also agreed between the parties that arbitration proceeding would be conducted in English only and in no other language. The Company will appoint a sole arbitrator who shall govern the arbitral proceedings.
   2. The Terms shall be subject to the exclusive jurisdiction of the competent courts/tribunals located in New Delhi and you hereby accede to and accept the jurisdiction of such courts and/or tribunals.

1. CHANGES IN THE TERMS

1. 1. The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Service as it deems fit at any time without notice. Further, the Company has the right to amend these Terms from time to time without prior notice to you. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Service. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. All prices are subject to change without notice.

1. DISCLAIMER

1. 1. THIS WEBSITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THE WEBSITE/APPLICATION/SERVICES IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.

1. GENERAL PROVISIONS

1. 1. Notice: All notices served by the Company shall be provided via email to your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to digital.support@edac.co.in.
   2. Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Service from time to time, constitute the entire agreement between the Company and you with respect to your access to or use of the Application, Website and the Services thereof. Terms and Privacy Policy does not supersede any specific contract or agreement you may have with the Company for providing or receiving any services or products of/from the Company
   3. Assignment: You cannot assign or otherwise transfer your obligations under the Terms, or any right granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking your consent.
   4. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
   5. Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
   6. Relationship: You acknowledge that your participation on the Application/Website, does not make you a Client, an employee or agency or partnership or joint venture or franchise of the Company.
   7. The Company provides these Terms so that you are aware of the terms that apply to use of the Service. You acknowledge that, the Company has given you a reasonable opportunity to review these Terms and that you have agreed to them.

1. FEEDBACK

1. 1. Any feedback you provide with respect to the Service shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of you,  or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Service may have something similar to the feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.
   2. Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive. Please exercise caution while accessing the Service.

1. CUSTOMER CARE

1. 1. We make all best endeavours to provide you with a pleasant experience. In the unlikely event that you face any issues in respect of the Service, please contact us at digital.support@edac.co.in.