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TERMS AND CONDITIONS OF USE
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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
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Simplyshiksha.com (“Site”) is an online education support service. The main service
offered is in the form of Online self assessment and self learning under various
syllabi followed in India and for various classes and examinations. There are various
supplementary services that are provided under the same site. All the services provided
under the site simplyshiksa.com is called the service (the service).
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By using simplyshiksha.com You (You includes the user and the person who is paying
for the service) accept and agree to be bound by all the terms and conditions in
this document including Privacy Policy.
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The Company, reserves the right to, at its sole discretion, to alter, change, or
otherwise modify the terms and conditions of this agreement at any time. The alteration,
changes and/or modifications become effective immediately upon the posting thereof
on this Site. It is your responsibility to review the terms and conditions periodically.
Your continued use of the Site following the posting of changes and/or modifications
will constitute your acceptance of the revised terms and conditions.
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Simplyshiksha.com is owned, designed, updated and managed by Tutor Orbit e-Learning
Pvt. Ltd (“Tutor Orbit”). The design, name, process, information, content are all
exclusive property of Tutor Orbit. Any copy or unauthorised use of any part of the
site will be an infringement of the copyright and trademark and service mark laws.
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“Content” means the all the content, study material, questions and answers and other
information made available by Tutor Orbit on the Site. |
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“Services” means all the services rendered availed by you from Tutor Orbit.
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“Site “ means www.simplyshiksha.com.
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“You” means and includes the user of the Site, the person paying for usage of the
Site and /or the guardian or parent or supervisor of the user of the Site.
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Privacy Policy |
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All information on the Site including those submitted and disclosed whilst using
or availing our services are subject to our privacy policy. The terms herein
should be read in conjunction with our title Privacy Policy.
It is your responsibility to, review our Privacy Policy.
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Terms of USE
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Payment made by You is towards use of the Site and our Services only. You are solely
responsible for all other services required by you including but not limited to
costs incurred by you, in accessing the Site, providing yourself with infrastructure
support, such as computers, internet and other relevant technologies etc.
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While utmost care is taken to provide correct and up to date information, Tutor
Orbit does not warrant the accuracy, completeness and timely availability of the
information provided on the Site and accepts no responsibility or liability for
any error or omission in any information provided on the Site. While utmost care
is taken to ensure all information and content provided in the site are correct,
human errors may inadvertently creep up despite the best efforts. You agree not
to hold Tutor Orbit responsible for such errors or omissions.
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The content has been prepared by a diverse team of subject experts. The subject
experts have prepared all the contents by themselves but would have referred to
all the study material available on the subject including books, question papers,
internet etc. The information, study material, answers and content have been posted
by exercising due diligence and care and are correct to the best knowledge and intent
of Tutor Orbit. However, Tutor Orbit does not accept any responsibility as to the
authenticity and correctness of the answers, study material, content and answers
on the site. You agree to independently verify the correctness of the study material,
content, answers and information provided on the site. Tutor Orbit is not responsible
for any action taken by you on the basis of the content provided in the site and
usage of this site and Tutor Orbit will not be liable in any manner for the consequences
of such action taken by you.
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You agree that you are using the site for self assessment and continuous improvement.
Low scores or High scores in the tests are to be taken in the spirit of further
improvements and should not be construed as any discouragement or guarantee for
success in subsequent examination. All efforts are put in to ensure you get the
accurate reporting, however, you should decide what is best for you and take necessary
action irrespective of the suggestion or advice in the reports given. Tutor Orbit
doesn’t accept any liability on this account.
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The site provides links to other websites over which Tutor Orbit has no control.
Tutor Orbit accepts no responsibility as to the validity of the contents and / or
any services offered by such sites and shall in no way be liable for any damages
/ loss arising to you by using such sites.
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Tutor Orbit reserves the right to monitor the use of all or any part of its service
without any further information or obligation to you.
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You need to register to start using the services of the site. You agree to provide
the correct information about you and also correct contact information.
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Tutor Orbit reserves the right to deny any users right to access without giving
any notice or any reason.
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The non-chargeable services will keep changing and you are required to keep checking
the site to update yourself.
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The package subscription has a defined validity date and this information will be
available to you at the time of selection of package itself. You will be able to
access the package purchased by you and all related reports etc. until the validity
date, provided you comply in full with all the terms and conditions given in the
site.
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The pricing of the respective packages are also shown at the time of the selection
of package for purchase/subscription.
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Tutor Orbit reserves the right to offer any or all packages to different sections
of users with different validity dates and also with differential pricing.
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You will be able to access the test packages only after full realization of payment.
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All services are provided on as is basis. Tutor Orbit reserves the right to change
the method of delivery of service and change the contents as felt necessary, without
any further information or notification to you.
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No cancellation of package purchase/ subscription is allowed. Once package is bought
it will not be cancelled and no money will be returned or refunded on any ground,
including non usage of the service.
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Technology :
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Tutor Orbit uses Proprietary, licensed third party software and free ware. While
all efforts are made to ensure continued availability of technologies used by us,
Tutor Orbit cannot guarantee continued uptime of the Services and/or Content
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Except as explicitly stated at the time we request information, we do not disclose
to third party the information provided. Tutor Orbit uses a third-party intermediary
to manage the credit card processing and Payment Gateways. The intermediaries may
use, whatever information you provide in whatever manner it chooses and tutor Orbit’s
not responsible for it.
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Tutor Orbit may also collect certain information from visitors to and customers
of the Site, such as Internet addresses. This information is logged to help diagnose
technical problems, and to administer our Site in order to constantly improve the
quality of the Service. Tutor Orbit, may also track and analyze non-identifying
and aggregate usage and volume statistical information from our visitors and customers
and provide such information to third parties.
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Account Access
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It is entirely Your responsibility to maintain the confidentiality of your account(s),
and password(s) and for all activities and liabilities associated with or occurring
under your account(s), and password(s).
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You agree that you will (i) provide complete information about yourself as required
and prompted by the Service's registration form (such information being "Your Data"),
which is true, accurate and current (ii) maintain and promptly update Your Data
to keep it complete, true, accurate and current; and (iii) comply with these terms
of use. If You provide any information that is incomplete, untrue, inaccurate, or
not current, or in our sole discretion, we believe that such information does not
conform to our requirement, we have the absolute right to suspend or terminate your
account(s) and refuse any and all current or future use of the Services, or any
portion thereof.
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In the event you have authorized or registered another individual, including a minor,
to use your account(s), you are fully responsible for the “Your Data” of such user
and : (i) the online conduct of such user; (ii) controlling the user's access to
the Site and use of related Services; and (iii) any consequences of any misuse.
For additional information on how we use your information, please see our Privacy
Policy. Your obligations with respect to registration are described below.
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In the event You permit a third party to access the Site, it shall be entirely at
your risk and consequence. You also indemnify and hold harmless Tutor Orbit, its
directors, employees, representatives, consultants and agents, from and against
any and all, loss, damage, claim or injury suffered due to such usage.
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In the event you become a victim of identity theft or there is a threat to your
identity which involves a Tutor Orbit account you are required to notify our customer
service immediately We also suggest that in such circumstances that you report such
instance, threatened or otherwise to all your credit card issuers and your payment
gateway, as well as your local law enforcement agency.
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Tutor Orbit reserves the right to place any account on hold anytime with or without
notification to You, in order to protect itself and its partners from what it believes
to be fraudulent activity. To enable easier access to your account, Tutor Orbit
will place a cookie (a small text file) on any computer from which you access the
Site. This cookie is used to identify you throughout the Site.
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Third Party Cookies
Tutor Orbit may from time to time engage third parties to track and analyze non-personally
identifiable usage and volume statistical information from visitors to our website
to help us administer our website and improve its quality. Such third parties may
use cookies to help track visitor behavior. Such cookies will not be used to associate
individual website visitors to any personally identifiable information. All data
collected by such third parties on behalf of Tutor Orbit is used only to provide
us with information on site usage and is not shared with any other third parties.
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Advertisements
The site accepts at its discretion material sent by third parties for display.
The advertisers are responsible for ensuring that the material submitted by them
complies with national and international laws. |
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Content |
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Tutor Orbit may provide subject content, and other animations. Tutor Orbit reserves
the right to display and promote Content or other information on the Site to You
in any manner it chooses and in its sole and absolute discretion. Please be advised
that any opinions, advice, statements, services, offers, feedback or other information
that constitutes part of the content expressed or made available by You or third
parties on the Site are those of the respective authors or producers and not that
of Tutor Orbit. Tutor Orbit shall not under any circumstance be held liable for
any loss or damage caused by your reliance on information obtained through the Site.
It is your absolute responsibility to evaluate the information, opinion, advice,
or other content available through the Site.
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You acknowledge that we may screen Content, yours or ours, and that we shall have
the right (but not the obligation), in our sole discretion, to remove any Content
without any liability to you. Without limiting the foregoing, we have the right
to remove any Content that violates these Terms or is otherwise objectionable. You
agree and acknowledge that we may preserve Content and may disclose Content if required
to do so by law or in the good faith belief that any such preservation or disclosure
is reasonably necessary to comply with legal process, enforce these Terms, respond
to claims that any Content violates the rights of third parties or protect our rights,
property or personal safety or that of our users and the public.
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Special Campaign’s and Lucky Draw Schemes
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Tutor Orbit may come up with Special Campaign’s and Contests or Buy & Win (Lucky
Draw) scheme’s (Collectively referred to as Scheme) from time to time. In such cases
the following additional terms and conditions are applicable.
- The Special prices announced during these campaign periods are meant only for those
who purchase the package during the time period the special prices are offered.
- If purchases are made before or after the offer period, the prices applicable as
of the time of purchase is applicable.
- The Management reserves the right to alter, shorten or extend the Validity period
of such Schemes, anytime.
- The Management reserves the right to alter prices offered anytime before, during
or after the Scheme period.
- In the event of Prizes being offered as part of the Scheme, either through Contest
or Lucky Draw, the prize winners will be chosen by a panel of 3 people.At least
one Director of the Company will be present in such occasions and participate in
the decision.>All three people involved in the Panel will either be the Directors
of the Company or People with Professional qualification. The process of picking
the winner will be decided by the Panel so constituted by Tutor Orbit.The decision
of the Panel members will be final in all aspects pertaining to the Scheme.
- The shopping vouchers as prize whenever announced could also be shopping voucher
for purchase of products and services on the Site.
- The number of purchases during the campaign should be at least 5 times the total
number of prize items announced for Tutor Orbit to go ahead with the selection process
of prize and distribute the prizes. This is to ensure that at least the Prize money
and bare minimum expenses associated with the campaign are covered.
- Employees of Tutor Orbit or their immediate close relatives and known close friends
are prohibited from participating in the Schemes.
- In normal course, the winners of the Schemes will be chosen with in 30 days from
the close of the validity period (including extended validity periods, if any) of
the Scheme. In any case the winners of the Scheme will be required to be chosen
no later than 60 days from the close of the Scheme validity period (including extended
validity periods, if any).
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Use of Information Submitted
Tutor Orbit, is free to use any comments, information, ideas, concepts, reviews,
feedback or techniques or any other material contained in any communication you
may send to Tutor Orbit ("your content"), including, without limitation, responses
to questionnaires or through postings to the Site without further compensation,
acknowledgement or payment to You for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products and creating, modifying
or improving the Site or other Web sites. By posting, or submitting any of Your
content on the Site, or responding to questionnaires, you grant us a perpetual,
non-exclusive, royalty-free irrevocable license and right to display, use, reproduce
or modify your content in any manner whatsoever.
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Please note Tutor Orbit does not accept unsolicited materials or ideas for use or
publication, and is not responsible for the similarity of any of its content or
programming in any media to materials or ideas transmitted to Tutor Orbit. Should
You send any unsolicited materials or ideas, You do so with the explicit understanding
that You are entitled to no consideration of any sort, and You hereby waive any
claim against Tutor Orbit regarding the use of such materials and ideas, even if
material or an idea is used that is substantially similar to the idea you sent.
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Intellectual Property
Copyright
All content on the Site, whether or not delivered to You, including but not limited
to text, graphics, logos, designs, photographs, button icons, images, audio/video
clips, digital downloads, compilations, study material, questions and answers, synopsis,
content both data and otherwise, and software, is the exclusive property of Tutor
Orbit, or its suppliers and is protected by copyright laws. The Content shall not
be reproduced or used without express written permission from Tutor Orbit, or its
suppliers. You agree not to decompile, reverse engineer or disassemble any software
or other products or processes accessible through the Site, not to insert any code
or product or manipulate the content of the Site in any way that affects your or
third party user's experience, and not to use any data mining, data gathering or
any other extraction method. Tutor Orbit reserves the right to terminate your membership
hereunder, with no compensation or refund to you, if Tutor Orbit, in its sole and
absolute discretion, believes that you are in violation of this paragraph, such
violations including the copying of content provided to You by us or the copying
or other unauthorized use of our proprietary content. Any such violation is infringement
of the copyright laws and trademark and service mark laws and other intellectual
property laws and is punishable by law.
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Trademarks
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The Simply Shiksha logo, and Tutor Orbit are trademarks or service marks of Tutor
Orbit or other associates. The Site, including but not limited to its graphics,
logos, page headers, button icons, scripts and service names constitute trade dress
of Tutor Orbit. The trademarks, trade names, service marks and trade dress of Tutor
Orbit may not be used or reproduced in any manner whatsoever, without prior written
approval from Tutor Orbit. You are specifically prohibited from using the content
or any of the Intellectual Property rights or services of Tutor Orbit in any manner
that is likely to cause confusion among the general public, including customers
or in any manner that dilutes the rights of Tutor Orbit, disparages or discredits
Tutor Orbit. Other trademarks that appear on the Site are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored
by Tutor Orbit. Any images of persons or personalities contained on the Site are
not an indication or endorsement of Tutor Orbit or any particular product or service
unless otherwise indicated.
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Confidential Information
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You agree to safeguard the Site and the Content and the services (collectively,
Proprietary Information) provided by Tutor Orbit and to prevent the unauthorized,
negligent or inadvertent use or disclosure thereof. You will not, without Tutor
Orbit's prior written approval, directly or indirectly, use or disclose the Proprietary
Information to any person or business entity. You will promptly notify us in writing
of any use or disclosure of Proprietary Information in violation of these Terms.
You acknowledge that the use or threatened or actual disclosure of the Proprietary
Information in any manner inconsistent with these Terms will cause us irreparable
damage and that we will have the right to approach a court of appropriate jurisdiction
to invoke our rights which include and is not limited to:
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(i) equitable and injunctive relief to prevent such prohibited use or disclosure,
and
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(ii) recover the amount of all damages (including attorneys’ fees and expenses)
in connection with such prohibited use or disclosure.
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Links |
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Please be advised that the Site or the Services may provide links to World Wide
Web sites or resources (Third Party Sites). This may includeThird Party Sites (such
as study resources or online education pages) to pop-up for your review. Tutor Orbit
has no control over Third Party Sites, which you acknowledge. You agree that we
are not responsible for the availability of Third Party Sites, and do not endorse
and are not responsible or liable for any content, advertising, products, services
or other materials on or available from Third Party Sites. You further acknowledge
and agree that we are not responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, advertising, products, services or other materials
available on or through any Third Party Sites or for any mistakes, defamation, libel,
slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein
and that you indemnify and hold us harmless from any claims, loss, damage or injury
arising there from. You will be solely responsible to adhere to the terms and condition
and privacy policy governing usage of such links.
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Conduct
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You may access the Site and use the Content and the Services for lawful purposes
only. You are solely responsible for the knowledge of and adherence to any and all
laws, rules, and regulations pertaining to your use of the Site, the Content and
/or Services. You shall not upload to, distribute through, or otherwise publish
through the Site or the Services any content that you do not have the right to transmit
or that may or may not be libelous, defamatory, obscene, pornographic, threatening,
invasive of privacy or publicity rights, abusive, illegal, violate religious sentiments,
or otherwise objectionable, or that could constitute or encourage a criminal offense,
violate the rights of any party, or otherwise give rise to liability or violate
any law. You agree that you will not in any way: (i) interfere with the ability
of others to access or use the Services; (ii) disrupt the normal flow of communication
or otherwise act in a manner that negatively affects other users' ability to use
the site or the Services; (iii) claim a relationship with or to speak for any individual,
business, association, institution, or other organization for which you are not
authorized to claim such a relationship; or (vi) interfere with or disrupt the Services
or servers or networks connected to the Services, or disobey any requirements, procedures,
policies, or regulations of networks connected to the Services.
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Other examples of illegal or unauthorized uses include, but are not limited to:
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Using any robot, spider, site search/retrieval application, or other dive to retrieve
or index any portion of the site
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Creating user accounts by automated process or under false or fraudulent names
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Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive
nature
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Submitting information or material that are unlawful or promote or encourage illegal
activity or submitting false or misleading information
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Harm minors, children and women or any other in any way or otherwise harass others
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Disclaimer of Warranty; Limitations
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THE CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS"
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
POSSIBLE PURSUANT TO APPLICABLE LAW. TUTOR ORBIT DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT, THE SERVICES AND EACH PORTION
THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. TUTOR ORBIT
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY,
OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT,
THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES. UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR
THE INABILITY TO USE, THE CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF,
EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE CONTENT, THE SERVICES OR ANY PORTION
THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR
DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS
OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE CONTENT,
THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION
SERVICES.
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YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION,
ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION
SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.
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YOU ALSO AGREE THAT AS ACCESS TO SITE IS INTERNET DEPENDENT, IT MAY OR MAY NOT BE
ERROR FREE OR UNINTERRUPTED.
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Notwithstanding any of the above, Tutor Orbits liability to You is limited to the
fee paid by You for a particular Content/Service wherein the liability to said to
accrued from.
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Indemnification
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You hereby indemnify, defend and hold harmless, Tutor Orbit, its directors, employees,
affiliates, agents, consultants and representatives, licensors and third party providers
(including our affiliates' respective officers, directors, agents, partners, employees,
licensors, consultants, representatives, and third party providers), from and against
all losses, expenses, damages, costs, injury, claims and demands, including reasonable
attorney's fees and related costs and expenses, due to or arising out of use of
any of the services of the site, any User Content you submit, post to, email, or
otherwise transmit to us or through the Services, your use of the Services, the
Company Content or any portion thereof, your connection to the Services, or your
breach of these Terms. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by You, and
in such case, You agree to fully cooperate with such defense and in asserting any
available defenses.
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Local Laws
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As the internet is global in nature, you agree to comply with all local rules including,
without limitation, rules about the Internet, data or privacy. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported in and from the United States or the country in which you reside.
It is your responsibility to ensure that you comply with the required law in this
regard.
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Modifications to the Service
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Tutor Orbit may add, change or eliminate features, pricing, nomenclature and other
aspects of the Content and/or Services and make other changes at any time and these
Terms will continue to apply to the Content/Services as modified. We reserve the
right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Site or the Services (or any part thereof) with or without notice.
You agree that we will not be liable to you or to any third party for any such modification,
suspension, or discontinuance of the site or the Services.
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Termination
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This Agreement or your usage of our services/content may be terminated or restricted
by us without notice with or without any reason whatsoever, without any liability
to you.
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Force Majeure
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Tutor Orbit shall have no liability to you for any interruption or delay in access
to the site irrespective of the cause
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You also agree :
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Not to hold Tutor Orbit liable for any instruction, advice or services rendered
which may or may not originate through the Site.
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You are responsible for updating and maintaining the truth and accuracy of the information
you provide to us relating to your account.
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You are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer or mobile device. In the event you give
access of your account to a third party, you will be entirely responsible for any
act or inaction by such party. You also undertake to keep Tutor Orbit, indemnified
and harmless from and against any, loss, claim damage or injury such party may claim.
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You undertake not to induce into the Site and virus, worm, Trojan horse or any other
type of contaminating or disabling software that will affect the Site or other users
of the Site.
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If you are accessing the Site from a public or shared computer or unprotected mobile
devices you agree to log out at the completion of each visit to the Tutor Orbit
Site.
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These Terms and any policies applicable to You posted on the Site constitute the
entire agreement between the parties hereto and supersedes all previous written
or oral agreements between the parties with respect to such subject matter . All
rights not expressly granted herein are expressly reserved. If any provision of
these Terms is found to be illegal or unenforceable, these Terms will be deemed
curtailed to the extent necessary to make the Terms legal and enforceable and will
remain, as modified, in full force and effect. These Terms and all matters or issues
collateral thereto will be governed by, construed and enforced in accordance with
the laws of India and the courts at Bangalore shall have exclusive jurisdiction.
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Headings
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The headings of Sections in this Agreement are provided for convenience only and
will not affect its construction or interpretation.
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You have read, understood and agree to the contents, terms and conditions herein.
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