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TERMS OF SERVICE/ USER Agreement

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TERMS OF SERVICE/ USER Agreement

India CyberLearning Pvt. Ltd. and its affiliates (“CyberLearning”, "us", "we" or "our") terms of services as used in these Terms of Service/ Use (“Terms”) refer to the products and services, websites, content, databases, software, technologies, and tools (“Services”) delivered by CyberLearning and that link or refer to these Terms or that are delivered through a website or server or service that links or refers to these Terms.

Your access to and use of the Services is based on your acceptance of and compliance with these Terms, which apply to all visitors, users and others who access or use the Services.

Please read these Terms carefully before using the Services.

By accessing or using the Services you agree to be bound by these Terms and accept all legal consequences. If you do not agree to the Terms, in whole or in part, please do not use the Services.

By accessing, browsing, registering for, and/or using any Service, you acknowledge that you have read, understood, and agree to be bound by and comply with all terms in this statement. You may also agree to these Terms by physically or electronically signing an Order (as defined below) that incorporates these Terms. These Terms, along with any Order, form a legally binding agreement between you and CyberLearning.

These Terms apply exclusively to your use of the Services and do not alter the terms or conditions of any other agreement you may have with us.

The use of certain of our Services may be subject to added terms and conditions which may be presented before purchase or use.

If you are accepting these Terms on behalf of another organization or entity, you represent that you are duly authorized to bind that organization or entity to these Terms.

Your Privacy

We are committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. Please read our Privacy Policy. To the extent provided by law, by agreeing to these Terms, you consent to the data practices described in the Statement of Privacy. In some cases, we will provide separate notice and request you consent as referenced in the Statement of Privacy.

Minors

By using the Services, you represent that you have either have valid parent or legal guardian consent to be bound by these Terms or you have now reached the age of maturity. If you are the parent or legal guardian of a minor who is using our products and/or services, you and the minor accept and agree to be bound by these Terms and are responsible for all use of such account or Services, including purchases, whether the minor’s account is now open or created later.

Third Party Software Reliance and Updates

[Applicable to all FORM FACTORS AND COMPANIES]

We are committed to ensuring our courseware mirrors the associated application to the fullest extent possible. Although we are vigilant about ensuring the highest level of accuracy in our courses, we do not guarantee that software updates will not render portions of the content inaccurate. We strive to address relevant software updates on a yearly basis (for the most current version of the software only).

Softwares on which we develop training & assessment materials to bring to our users are constantly working on improvements and refinements into their applications. New features, new functionality and revised user interfaces are developed and pushed out to users periodically. While this means you get the latest functionality, it also means your application may differ from the provided learning content. For instance, the appearance of the interface or the exact sequence of steps required to perform particular tasks may have changed since the time of writing. In such cases, use the listed steps as a guideline, make adjustments as required, and check our web site periodically for courseware updates.

The information in CyberLearning content / assessment was accurate at the time of publishing and is distributed on an “as is” basis, without warranty. While every precaution has been taken in the preparation of these Services, neither the author nor CyberLearning shall have any liability to any person or entity with respect to any liability, loss, or damage caused or alleged to be caused directly or indirectly by the instructions contained in these Services or by the computer software and hardware products described therein.

The reader is expressly warned that content that we have provided/ may provide may change, update based on the software vendor’s decision at any time.

All examples and references in our courseware are fictitious, the dates, screen captures, tax tables and other content may vary at time of use.

Violation of Rules and Regulations

We may seek all remedies available at law and in equity for violations of the rules and regulations set forth in these Terms and our Services, including the right to block access from a particular Internet address to the Services.

Trademarks

All trademarks, service marks and logos on the Services are the property of their owners. Unauthorized use of any trademarks, service marks or logos used on the Services may be a violation of national and international trademark laws. You must obtain our written permission before using any of our trademarks, service marks or logos.

Copyright

You may not modify, reproduce or distribute the design or layout of the Services or individual sections of the design or layout of the Services or our logos without our prior written permission.

Disclaim Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU “AS-IS AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE IS AT YOUR SOLE RISK.

WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED, COMPLETELY SECURE OR ERROR-FREE. You are responsible for taking all precautions necessary to ensure that any content you may obtain from the site is free of viruses.

Limitation of Liability

WE SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THIS SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE, OR RELATED INFORMATION OR PROGRAMS.

Indemnity

You indemnify us and our subsidiaries, affiliates, officers, directors, agents, employees, partners, licensors and licensees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another. These include: (a) legal and accounting fees resulting from your use of the Services; (b) your breach of any of these Terms; and (c) anything you post on or upload to our site or Services.

Modifications

You indemnify us and our subsidiaries, affiliates, officers, directors, agents, employees, partners, licensors and licensees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another. These include: (a) legal and accounting fees resulting from your use of the Services; (b) your breach of any of these Terms; and (c) anything you post on or upload to our site or Services.

We may make changes in the products and services that are considered Services at any time.

Service Availability

The Services or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and CyberLearning is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your content or data that you’ve stored.

Support

Customer support is available at support@cyberlearningindia.com Certain Services may offer separate or additional customer support, subject to the terms available with their sale.

Termination

If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we will delete data or your content associated with your Service or will otherwise disassociate it from you and your Jasper account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result, you may no longer be able to access any of the Services (or your content or information) that you’ve stored on those Services.

Governing Law

These Terms and any claims relating to the information available on this site are governed by the laws of India and the courts in New Delhi shall have exclusive jurisdiction. We operate our web site from our offices and third-party hosting services such as Amazon- AWS. We make no representation that the information in our web site is appropriate or available for use in other locations, and access to our web site from territories where the contents of our web site may be illegal is prohibited. Those who choose to access our web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

July 8, 2019