1.1. This document is an electronic record in terms of the (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.2. This document is published in accordance with the provisions of Information Technology Act, 2000 and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use for access or usage of edu-practica.com (“Website”) and the application (“Application”). For the purposes of this Terms of Use document, the Website and the Application shall be collectively referred to as the (“Platform”).
1.3 The Platform is owned, registered and operated by Sciera Solutions Private Limited (“Company”), a private limited company, incorporated under the provisions of the Companies Act, 1956 and having its registered office at No:38, 2nd Floor, SPL Sriramnivas, Venkatakrishna Road, Mandaveli,Chennai 600028.
1.4. These terms of usage (“Terms of Use”) read along with the Privacy Policy constitute a legal and binding agreement between you and the Company and govern your use of the Platform and Services (as defined below) provided through the Platform. By using or visiting the Platform, or by using any content or information provided as part of the Platform/Services, you shall be deemed to have read, understood and accepted to be bound by these Terms of Use.
1.5. For the purpose of these Terms of Use, wherever the context so requires "you" , "your" , or "user" shall mean any natural or legal person who uses the Platform for availing the Services. The term "we" , "us" , "our" shall mean the Company.
1.6. We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Platform and your continued use of the Platform, and/or the Services constitutes your agreement to such modifications. you agree to periodically review the current version of these Terms of Use as posted on the Platform.
2.1. In order to access or use the Platform, you must be “competent” to contract, as understood within the meaning of the Indian Contract Act, 1872. You may not use our Services if you are a minor. By agreeing to use our Services, you confirm that you are not a minor and are otherwise competent to contract as understood within the meaning of the Indian Contract Act, 1872. We shall not be responsible for any consequence that arises as a result of misuse of our Services that may occur by virtue of any user, including a minor, using the Services provided. By using the Services, we reserve the right to terminate your subscription and /or refuse to provide you with access to the Services if it is discovered that the consent to use the products or Services is not made by you, or if we find out that you are a minor, or any information provided by you is inaccurate. You may not access or use the Platform and/or the Services if we have previously banned you from the Platform or deactivated your account.
2.2. You may use the Platform and avail the Services offered by us through the Platform as a guest user ("Guest User") without having to register yourself as specified below. Users may also register themselves on the Platform ("Registered User"). (The Guest User and Registered User shall collectively be referred to as "Users").
2.3. You may register on the Platform by providing certain basic information such as your first name, last name, email address, mobile number, city, and course ("Registration"). We reserve the right to make changes to the questions in the Registration at any point of time without any notification/intimation to you.
2.4. Upon registration, you will be provided with an account ("User Account"). You may amend/change your information associated with your User Account, by logging into your User Account on the Platform. The manner in which we collect, use, store or disclose your personal information and sensitive personal information collected on the Platform, if any, has been outlined in our Privacy Policy available here.
2.5. You shall be responsible for maintaining the confidentiality of your username, account password and you shall be responsible for any and all activities that occur in connection with your User Account. Under no circumstances shall the Company be liable for any loss or damage arising from your failure to comply with this clause.
3.1. The Platform is a search engine for courses or colleges/institutions and assists users by providing information on the admission process, and details of the courses and colleges/institutions of their interest, such as alumni information. It guides users through the application process; acquaints them with all the available study options(collectively referred to as "Services"). It does not take applications or undertake any registrations on behalf of any college or institution irrespective of whether they are partner college or other listed college. By applying to any course or college/institution on the website, the student is deemed to have applied for the assistance of Edu-Practica team. The Platform is not a university or education institution.
3.2. Apart from sending you information regarding your account activity, we may also share updates about the Services on our Platform and promotional offers from time to time. You can opt out of our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of our email correspondences. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS sent to you. The offers made in those promotional emails or SMS shall be subject to change at our sole discretion with or without prior intimation to the Users.
4.1. You may only access the Platform for availing the Services that are offered by us. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not in any way:
(i) interfere with the ability of others to access or use the Platform and the Services;
(ii) disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users ability to use the Platform 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;
(iv) 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;
(v) upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, trojan or other code with malicious, disruptive and/or destructive features;
(vi) you shall not attempt to gain unauthorized access to any hardware or software system, or networks associated with the Services, or obtain any services or information not intentionally made available to you by us on or through the Services; and
(vii) you shall not attempt to gain unauthorized access to the account of any other user or entity, or otherwise interfere with any other users or entity use of the Services.
5.1. Prices for Services, where applicable, shall be displayed on our Platform and may be subject to change at the sole discretion of the Company.
5.2. Customers can make online payments for their orders by using: (i) their debit card/credit card; (ii) internet banking; or (iii) e-wallets.
5.3. You understand, accept and agree that we will be using the services of a third-party payment gateway service provide in order to help facilitate payments through the Platform. You acknowledge that you will also be bound by the terms and conditions specified by such payment gateway service provider. We do not store information regarding your debit/credit card or net banking details used on the payment gateway in any manner or form and only do so to the extent necessary for communicating the same to the third-party payment gateway service provider. The payment facility provided by us, is neither a banking nor financial service. You further agree that, while availing any of the payment options as specified above, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: (a) lack of authorization for any transactions; or (b) any payment issues arising out of the transaction; or (c) decline of such transaction for any reason.
6.1. In the event, the User intends to cancel their Services, they shall communicate such request for cancellation by calling our customer care number or by sending an e-mail or by using the chat-box available on the Platform.
6.2. Upon receipt of a valid cancellation request within the Cancellation and Refund Period, and the same being confirmed by us via an e-mail or a message, the Services shall be deemed to be cancelled.
6.3. Upon cancellation, we shall send a confirmation e-mail initiating the refund of payment received in relation to such cancelled Services, if any. However, the decision to refund is completely under the discretion of the Company, who will evaluate the validity of the refund claim and decide on next steps.
6.4. For payments made by the User through credit card or debit card, we shall raise a request with our respective payment gateway service provider within working days as agreed on by payment gateway provider and the refund amount will be refunded to the appropriate credit card/debit card account of the User.
6.5. For all Services availed, the cancellation can be made only before the Services (in whole or in part) have been availed by the User (“Cancellation and Refund Period”). Under no circumstances shall we accept a request for cancellation and refund that is received beyond the Cancellation and Refund Period.
6.6. We reserve the exclusive right to review the college preferences filled by the Users in case of applications made through the Platform. Any pending amount to be paid by the user will need to be paid before the deadline for the application to the college. Any payment received after that may not result in acceptance of the application by the college. The Company shall not be liable for the same and no refund will be provided in such cases.
7.1. In the event of a failed transaction wherein the money is debited from your account but the same has not been credited to our account, you may provide us with the relevant transaction details to validate such transaction, following which, we shall take necessary steps to track such a transaction. In addition, you are required to note your Transaction ID and receipt no. as provided by the payment gateway to furnish any information or track the payment status of your application form.
7.2. In the event, a testimonial made by the User on the Platform or on any social media platform (such as Facebook, Instagram etc.) in relation to the Services provided by the Platform contains profanity or abusive language, we shall have the right to suspend the User’s account temporarily or indefinitely and/or issue a formal warning to such User and take necessary legal action against such User.
7.3. You agree to: (a) immediately notify us of any unauthorized use of your account information or any other breach of security, and (b) ensure that you logout from your account at the end of each session. We shall not be liable for any loss or damage arising from your failure to comply with this clause.
8.1. We encourage Users to submit/ post/ share their testimonials/ comments/ suggestions/ opinions/ feedback etc. (“Testimonials”) for public display. By using the Platform, the User agrees and acknowledges that:
(a) The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;
(b) The User Feedback shall not be unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically or communally offensive, or is otherwise inappropriate as under Applicable Law;
(c) We are not under any obligation of confidentiality, express or implied, regarding the Testimonials;
(d) We reserve the right to use or disclose such Testimonials for any purpose, in any way, as we deem fit;
(e) We are not responsible for, and do not endorse, any such content, including information and reviews about any college/institution provided by other Users;
(f) We make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such content;
(g) We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by Users, advertisers, and third parties;
(i) We reserve the right to reject, remove, delete or edit Testimonials, at any time, without any reason, without providing any notice.
8.2. We do not claim ownership in any content that is submitted by Users, however, such content shall be exclusive to us and no such or similar shall be published, copied, reproduced by the User or any person visiting the Platform, without obtaining a prior written consent of the Company.
Edu-Practica–Terms of Use-GLA Draft
9.1. Copyright
9.1.1. All content included on the Platform and delivered to Users as part of the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, code, and software used on or incorporated into the Platform, is the property of the Company, and is protected by the applicable intellectual property laws. The compilation of all content on this Platform is the exclusive property of the Company. You agree not to decompile, reverse engineer or disassemble any content accessible through the Platform, not to insert any code or product or manipulate the content of the Platform in any way that affects the Users experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate our engagement if we, in our sole and absolute discretion, believe that you are in violation of this clause.
9.1.2. The Company’s content available on or via the Platform, are provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. We reserve all rights, not otherwise claimed under the Terms of Use and Privacy Policy.
9.2. Trademarks
edu-practica.com is the registered domain of the Company. The Platform, including, but not limited to its text, graphics, logos, the name ‘edu-practica’, button icons, images, scripts and service names constitute trademarks/trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used in connection with any product or service that is not affiliated with the Company in any manner that is likely to (a) cause confusion among Users or potential Users; or (b) dilute the rights of the Company; or (c) to disparage or discredit the Company.
9.3. Warranty for your submission to the Platform
As between you and the Company, you own the information you provide to the Company, and you may request its deletion at any time. Any information you submit to us is at your own risk. By providing information to us, you represent and warrant that you are entitled to submit such information and the same is not confidential and not in violation of any law, contractual restrictions or other third-party rights (including any intellectual property rights).
Your use of the links to third-party websites placed by us as a service to those interested in this information, or posted by other users is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. The links to third-party websites are provided only for your convenience, and does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party websites.
11.1. The Company shall not liable to verify or justify information provided by the participants of the Platform i.e. educational institutions, coaching institutes, individual comments. It is recommended that every information available on the Platform or linked websites must be verified by the Users before making any decisions on the basis of the same.
11.2. The Company shall also not be liable to verify nor takes any responsibility of the accuracy of deadlines for college applications as provided on the Platform. It is recommended that the Users verify the deadlines for college applications before relying or making any decisions on the basis of the same.
11.3. The Company shall not be liable for any direct, indirect, special, exemplary, punitive, incidental or consequential damages, including, but not limited to, misinformation, loss of data, loss of profit, arising out of the use, or the inability to use, the Platform, the Services, external links or any portion thereof.
11.4. The Terms of Use and Privacy Policy of this Platform do not govern the use of third-party websites. The Company shall not be liable for any direct, indirect, special, incidental or consequential loss or damages arising due to gross negligence or wilful misconduct of any third-party service providers.
11.5. In the event of a technical issue arising due to reasons solely attributable to the Company, the Company shall resolve such issue within a reasonable time period from the day when such issue is brought to the notice of the Company. However, the Company shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services due to your non-compliance with these Terms of Use and Privacy Policy; or (ii) any transaction or relationship between you and any Third Party Provider; or (iii) defaults of any third party service providers which are providing Platform related services to the Company; or (iv) any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to your mobile or storage device, crashes, breach of security and encryption.
11.6. In no event shall the Company’s total liability to you in connection with the Services for all damages, losses and causes of action exceed the amounts actually received by the Company as consideration from you for the Services.
11.7. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely in accordance with applicable law. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers or those of third parties.
You agree to defend, indemnify and hold harmless the Company, its affiliates, independent contractors, service providers, consultants, licensors, agents and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) your access to or use of the Services; (b) your violations of the Terms of Use and/or Privacy Policy; (c) your violation of any rights of any third party, including infringement of their intellectual property rights; and/or (d) your conduct in connection with the Services.
You agree that any violation by you of the Terms of Use and/or any other applicable policies will constitute as an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.
14.1. We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services upon the breach of this Terms of Use and/or any other applicable policies. Upon any such suspension, deactivation, or termination, we may delete or remove your information related to your account on the Platform.
14.2. You may terminate your account at any time by contacting the technical support team of the Company using the support tool on the Platform or by sending an email at contact@edu-practica.com. However, note that the termination of the Service by you is subject to Clause 6 above. You acknowledge that for Services already availed by you (prior to the termination), these Terms of Use will continue to apply.
14.3. In the event of any termination, the following sections of these Terms of Use shall survive: all provisions regarding ownership of intellectual property, indemnification, limitations of liability, fraud or abuse, and the provisions of this section.
If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws of India, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. The courts in Bengaluru, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under these Terms of Use.