We are [__________] ("Auro Scholar" or “We” or “Us”), owners and operators of www.auroscholar.com (“Website”) and the Auro Scholar App available on iOS and Google Playstore platforms (“App”) (collectively the “Platform”), engaged in the business of selling a broad range of educational products and services (“Products” or “Services”) through this Platform.
Auro Scholar is a currently engaged in conducting assessments tests using mobile quizzes designed to authenticate and test the aptitude and learning levels of millions of students across the country each month (“Assessment Tests”), identified through digital payment mechanisms such as e-wallets as well as KYC documents and aims to undertake conditional cash transfer of microscholarships as determined from time to time (“Micro Scholarship(s)”) to eligible students undertaking the Assessment Tests, thereby creating mass incentives to learn.
(a) THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND AURO SCHOLAR. WHEN YOU USE THE PLATFORM OR PURCHASE OR AVAIL ANY PRODUCT OR SERVICES ON THE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED HEREIN AS MAY BE AMENDED BY AURO SCHOLAR FROM TIME TO TIME.
(b) As long as you comply with these Terms, you are granted a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
(c) IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, WE URGE YOU NOT TO USE THE PLATFORM OR PURCHASE OR AVAIL ANY PRODUCTS OR SERVICES LISTED THEREIN. You hereby expressly represent and warrant that you will not purchase or avail Products or Services if you do not understand, agree to become a party to, and abide by all of these Terms.
(b) These terms constitute an electronic record under the Information Technology Act, 2000 and rules there under as applicable and 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.
(b) Your continued use of the Platform following any changes will mean that you accept and agree to any revisions made by us to these Terms.
(d) You hereby also agree and acknowledge to be bound by such references, rules and regulations, policies, terms & conditions on any subdomains, webpages or extensions of www.auroscholar.com which are hereby deemed to be incorporated in these Terms.
(e) You further acknowledge that the sub-headings are only indicative of the nature of the content under them and are included for ease of reference; and that the entire Agreement applies to you at all times.
(b) If you are a minor i.e. under the age of 18 (eighteen) years, you should not register as a User of the Platform nor should you transact the Platform. As a minor, if you wish to use or transact on the Platform, such use or transaction may be undertaken by your parents or a legal guardian or by you under the supervision of a parent or legal guardian. Auro Scholar may prescribe additional methods of verifying the consent of parents or legal guardians in case of usage by minors and the Users agree to be bound by the same. Auro Scholar reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to Auro Scholar’s notice or if it is discovered that you are under the age of 18 (eighteen) years and have accessed or used or transacted in this Platform without the supervision and consent of a parent or legal guardian.
(c) If you are a parent or legal guardian and are authorising and supervising the use of the Platform on behalf of a minor, you agree to indemnify Auro Scholar for any and all losses that may be caused to Auro Scholar from the acts or omissions of the minor and you further agree to undertake or cause to be undertaken all implicit and explicit obligations that would otherwise have formed between Auro Scholar and the User; and acknowledge that a binding relationship is formed between you and Auro Scholar in all such matters.
(d) You acknowledge that any and all promises and commitments and benefits herein, whether made conditionally or otherwise by Auro Scholar, are not intended for any minor, even if any activity with a minor is being undertaken by Auro Scholar under the supervision and authorisation or the minor’s parent or guardian; and you agree that the beneficiary of any promise or commitment from Auro Scholarshall always be deemed to be the parent or local guardian of a minor. In the event of any condition not being met as a result of an act or omission of a minor who is using the Platform under the supervision of a parent or guardian, Auro Scholar shall not be bound to fulfil its part of any contract entered into with you.
(a) You can use this Platform as a guest user or by voluntarily creating an account with us by filling and submitting details as requested by Auro Scholar on the Platform or logging in with your third party website user ID and password including that of www.facebook.com, websites owned by, Google Inc. or its subsidiaries, twitter or any other social media website or any other internet service as permitted by Auro Scholar (“Account”).
(b) By creating an account with usyou can become a member (“Member”) and become entitled to additional offers and benefits as a User. You understand that not all sections of the Platform, services and benefits may be accessible to and availed of by you while you remain a guest user.
(c) You can use this Platform to purchase or avail Products or Services that are listed by us and avail of any rewards and membership benefits provided to you.
(a) Account and other Information:You will be responsible for maintaining the confidentiality and security of Account information and will be fully responsible for all activities that occur under your Account. You agree to (a) immediately notify Auro Scholar of any unauthorized use of your Account information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Auro Scholar cannot and will not be liable for any loss or damage arising from your failure to comply with this term. You may be held liable for losses incurred by Auro Scholaror any other User due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account information secure and confidential.
(b) You agree that you shall, at all times, provide Auro Scholar with true, accurate and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete or Auro Scholarhas a reasonable ground to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, Auro Scholar reserves the right to indefinitely suspend or terminate or block your use or access to the Platform. You agree not to represent yourself as another person or User or login/ register using the identity of any other person.
(c) You agree to provide correct and accurate financial information, such as e-wallets, UPI, credit/debit card details etc to any approved payment gateway or pre-paid payment instrument provider while availing Services or Products through the Platform or availing the Micro Scholarship. You shall not use ane-wallets/UPI/credit/debit card or pre-paid payment instrument which is not lawfully owned by you without the permission of such owner. You will be solely responsible for the security and confidentiality of your e-wallets/UPI/credit/debit card details or pre-paid instrument account. Auro Scholar expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your e-wallets/UPI/credit/ debit card or pre-paid instrument account.
(d) Sufficient authority:If you represent and are registering as a business entity, by accepting the User Agreement you covenant that such entity shall have sufficient authority under applicable law to enter into the User Agreement and that you will have been duly authorized by the business entity to accept this User Agreement and bind such business entity to this User Agreement.
(e) Payments on Platform: All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees unless otherwise permitted by Auro Scholar. The Platform does not facilitate any transaction with respect to any other form of currency with respect to the purchases made on Platform.For the purposes of buying any Product listed on the Platform, you agree not to make payments in any manner other than as provided.
(f) Platform security:You must not violate or attempt to violate the security of this Platform, including, without limitation, by (a) accessing data not intended for you or logging onto a server or an account, which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system, network or breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, and "flooding," "spamming," "mail bombing" or "crashing."; (d) sending unsolicited emails, including promotions and/or advertising of products or service except that of Auro Scholar as provided for under the Share Product tab; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Auro Scholar will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than using the search engine and search agents available on this site and other generally available third party web browsers (e.g., Microsoft Explorer, Google Chrome, Mozilla Firefox).
(g) Prohibited activities: You agree not to engage in any of the prohibited activities mentioned below and agree to indemnify Auro Scholar for all losses caused as a result of your conduct or that of another using your Account in relation thereto. You agree and undertake not to use the Platform to host, display, upload, modify, publish, transmit, update or share any information or list any information or item: • that belongs to another person and to which you do not have any right; • which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever; or which unlawfully threatens or unlawfully harasses women including but not limited to facilitating or encouraging or resulting in "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; • which harms minors in any way; • which infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or facilitates the sale of counterfeit or stolen items; • which violates any law for the time being in force; • which deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; • which impersonates another person or uses an anonymous proxy; • which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information; • which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; • which is false, inaccurate or misleading; • which directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item or Product, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rules, regulations or guidelines for the time being in force; • which gives rise to a liability on part of the Platform or Auro Scholar or causes any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Platform or Auro Scholar; and links directly or indirectly to or includes descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Indian Penal Code, 1860 and Information Technology Act 2000 as amended time to time and rules there under or sells or promotes or advertises items or services listed for sale on a web site other than Auro Scholar.
(a) Currently, there is no cost to the User to undertake Assessment Tests. However, this may undergo change without notice.
(b) The sale price of the Service/Product is subject to change without notice. The sale price is provided on the Platform on 'as is' basis. Due to technical or other reasons, including typographical errors, there may be errors in the sale price which may be corrected by Auro Scholar. We have the right to refuse or cancel any orders placed for Products/Services listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card has been charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit order to your bank or credit card account in the amount of the charge. All listed prices are inclusive of tax unless stated otherwise.
(c) Auro Scholar may from time to time contract with third party payment service providers such as cash on delivery or demand draft / pay order on delivery service providers or banks i.e. in order to aopen nodal bank account under applicable Indian laws to facilitate electronic payments by Users on the Platform. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, providers of pre-paid instruments and mobile payment service providers. You specifically authorize Auro Scholar and third party service providers to collect, process, facilitate and remit payments electronically or through cash on delivery as the case may be.
(d) You further understand, accept and agree that the payment facility provided on the Platform is neither a banking nor financial service provided by Auro Scholar and is merely an electronic, automated online electronic payment, collection and remittance facility made available to you forundertaking transactionson thePlatform using banking infrastructure and credit card payment gateway networks.
(e) Auro Scholar may have existing arrangements with its banks regarding limits on thenumber oftransactions you can undertake in the course of a single transaction or may set limits of its own accord in general. Auro Scholar shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit specified by Auro Scholar from time to time.
(f) You understand that a number of factors that are outside of Auro Scholar's control (including without limitation, actions of an issuing bank, nodal bank and any credit / debit/ cash card service provider or bank or financial institution infrastructure or payment gateway facility provider or Reserve Bank of India authorised persons providing enabling support facilities for collection and remittance of payments where the transaction price is refunded) may delay the time within which the transaction price is collected by Auro Scholaror refunded through the payment gateway facility. Auro Scholar neither makes any representations or warranties regarding the amount of time needed to complete processing, and shall not be liable for any actual or consequential damages arising from any claim of delay.
(g) For making payments while buying the Products on the Platform, the terms and conditions of your bank, applicable financial institution and/or card issuing association may also be applicable to you. Your bank, financial institution or card issuing association may decline or prevent you from making electronic payments for buying the Products on Platform. Auro Scholardisclaims any liability in this regard.
(h) Auro Scholar reserves the right to refuse to process transactions by those with a prior history of questionable charges including without limitation breach of any agreements with Auro Scholar or breach/violation of any law or any charges imposed by an issuing bank or breach of any policy.
(i) Auro Scholar may do such checks as it deems fit before approving the receipt of/Users commitment to pay for cash on delivery transactions for security or other reasons. As a result of such check if Auro Scholar is not satisfied with the creditability of you or genuineness of the transaction, it may cancel the purchase order and reject receipt of / Users commitment to pay transaction price.
(j) Auro Scholar may delay notifying payment confirmation if Auro Scholar deems such payment to be suspicious. Auro Scholar may hold the transaction price and may remit transaction price to law enforcement officials (instead of refunding the same to User) at the request of law enforcement officials or in the event you are engaged in any form of illegal activity.
(k) The transaction price paid by you will have to be paid to Auro Scholar in accordance with the rules and regulations prescribed by the Reserve Bank of India from time to time, including in accordance with the Payment and Settlement Systems Act, 2007 and in keeping with the agreements signed with any payment facility providers. Any return of credit shall also be subject to applicable law and you agree not to hold Auro Scholar liable for any delays caused by third party payment providers.
(l) Auto-replenish: When you choose the Auto-Replenishoption, you instruct and authorise Auro Scholar and its service providers to deduct a certain amount of money at regular intervals as approved by youtowards purchase of Products. You agree to automatic deductions being made, in accordance with your instructions and specifications, from the bank account provided by you using the credit card or debit card details provided by you or any other details provided by youas required byAuro Scholar on the Platform for that purpose. You understand that you have no obligation to continue to use the Auto-Replenish function and can modify your instructions and specifications at any time. Auro Scholarmay provide you with an option to pause the Auto-Replenish function and will not debit your account while such function has beenpaused by you provided that Auro Scholar will be within its right to suspend or terminate use of the Platform or any Product in such event.
Unless otherwise specifically agreed, the title in the Products and in the intellectual property in the Products shall always stay with Auro Scholar and you shall only retain a license to use the Platform and Products to the extent and for the purposes specifically authorised. The license provided to you is non-assignable, non-transferable, non-sub-licensable and non-exclusive in nature and is meant for restricted and limited use.
(a) Any Products that are consumed on and through the Platform or delivered electronically shall be deemed to have been delivered upon access to the Products being provided on the Platform or through electronic means or electronic delivery of the Product by Auro Scholar to the User.
(b) You consent to the dispatch of Products purchased or availed by you through professional third party service providers engaged by Auro Scholar and/or by electronic means. There may be various delivery models for delivery of Products to you, and you agree to allow Auro Scholar to choose the same at its discretion depending on the circumstances of delivery, including the location for delivery and availability of service providers.
(c) You understand that any loss caused to you during deliveryof the Product by a third party service provider may have to be reclaimed by you from the third party service provider as per applicable law.
(d) Before shipping / delivering your order to you, you may have to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. . Delivery of all orders will be to electronic or registered address of the buyer as per the credit/debit card only at all times (unless otherwise specified at the time of Order).
(e) User's e-mail address, shipping address, pin code will be verified with the database of the Platform before a User proceeds to make a payment. In the event User's order is not serviceable by logistic service providers or the delivery address is not located in an area that is covered under the order confirmation form, User may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by Auro Scholar.
(f) Please note that there is no guaranteed dispatch time and any information about the dispatch time on this Platformis only an estimate and should not be relied upon as such. Time is not the essence of this contract between you and Auro Scholar in relation to sale of the Product on the Platform. In the event of delay by Auro Scholar in handing over the Product to a delivery provider beyond 10 (ten) days from purchase of the Product on the Platform, Auro Scholar will provide you with an option of claiming a refund.
(g) You shall be bound to take delivery of the Products purchased or availed by you which are in a deliverable state. Where you neglect or refuse to accept the delivery of the Products ordered by you, youwill be liable to Auro Scholar for any loss caused to Auro Scholar due to such non-acceptance.
(h) In the event of non-delivery of a Product15 (fifteen) days afteryou have been charged for a Product you purchased or availed, Auro Scholar will follow up with the electronic intermediary (if any) or delivery service provider and try and re-route the Product to you.
(i) You agree that the delivery of the Products can be made to any person who is present at the shipping address provided by you or to such person who may have access to your electronic mail.
(j) You acknowledge that Auro Scholar is not responsible for any non-delivery or damage or defect in the Product caused during delivery.
(a) Cancellation by Auro Scholar: There may be certain orders for Products that Auro Scholar is unable to accept and Auro Scholar reserves the right to not accept or cancel any orders that have been accepted. Auro Scholar reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in User's order being cancelled include, without limitation, non-availability of the Product or quantity ordered by Userbeing too high or inaccuracies or errors in pricing information.Auro Scholar may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to User and without any liability to Auro Scholar. If User's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to you either to the bank account provided by you for such reversal, or to the payment instrument from which payment was made, or to any pre-paid payment instrument account of yours. Auro Scholar shall have the sole discretion to determine the mode of reversal.
(b) Cancellation by you: In case of requests for order cancellations, Auro Scholar reserves the right to accept or reject such requests for order cancellations. As part of usual business practice, if Auro Scholar receives a cancellation notice and the order has not been processed, Auro Scholar may cancel the order and refund the entire amount to User within a reasonable period of time at its discretion. If Auro Scholar agrees to accept a cancellation of the order after delivery, you agree to pay Rs. 99 to Auro Scholar towards cancellation charges and authorise Auro Scholar to set-off such an amount from any charge-back.You agree not to dispute any decision made by Auro Scholar regarding the cancellation.
(a) A User can request for replacement or refund of the Product for reasons including that the Products are defective, item(s) are missing, wrong item was shipped or for any other reasons that may appear to be valid to Auro Scholar.
(b) User may raise a refund or replacement request for any Productsby contacting Auro Scholar at [ ____________] or in the manner provided on the Platform along with a photograph of the product and invoice and a written description of the complaint. User will have to raise the replacement request within 3 (three) days of delivery of the Product for the request to be considered.
(c) Once the request has been raised, anintimation shall be provided byAuro Scholar either "approving" or "rejecting" the request.
(d) In case Auro Scholar accepts the request for refund or replacement, User shall be required to return the Product to Auro Scholarin the same condition that they received it in (if it is a physical product), in its original packaging, along with the invoice; and only after return of the Productwill Auro Scholar provide the replacement or refund to the User.
(e) You agree that refunds and replacements shall not be provided by Auro Scholar if: (a) The physical Products are returned in a used or damaged condition (b) The Products are not faulty or damaged or defective (c) incorrect or outdated delivery address was provided and reasonable attempts were made to contact you(d) After 3(three) failed delivery attempts (e)Product was refused by you or the recipient at your address(f) Service has been utilised by you.
(f) In the event Auro Scholaragrees toa refund, the value of such Product, as originally paid by you during acceptance of Product will be refunded to you either to the bank account provided by you for such refund, or to the payment instrument from which payment was made, or to any pre-paid payment instrument account of yours or in any other manner permitted by applicable law. Auro Scholar shall have the sole discretion to determine the mode of reversal.
(g) User agrees that if the refund is not accepted by Auro Scholar and the User refuses to take possession of the Product or delivery of Services,Auro Scholar shall have the right to destroy or sell the Productor discontinue the Services and give all the valid title, rights and interests including warranties and other collaterals and benefits associated with those Products/Servicesto any third party within 30 (thirty) days from rejection of such Product; and you agree that in such event, no reversal of the price paid for the Product/Service shall be required to be made by Auro Scholar to you, subject to applicable law.
(a) Auro Scholarmay provide membership benefits to Users who register with us from time to time. These may include invitationsto offer or invitationsto participate in certain events and experiences curated by Auro Scholar or by third parties with whom Auro Scholar has arrangements as well as in scholarship programmes and other programmes.
(b) You agree that any invitation to an event or experienceor into a programmemay be subjected to additional conditions as per the discretion of Auro Scholar and is made at the sole discretion of Auro Scholar and upon the terms specified by Auro Scholar; and that Auro Scholar reserves the right to cancel such invitations at its discretion. You further acknowledge that Auro Scholar is not an organizer or an event management company and does not give warranties that such events and experiences will meet any standards or expectations. Any costs and expenses and risks associated with such participation are to be borne by you and Auro Scholar disclaims all liability towards the same.
(c) Any membership benefits promised byAuro Scholar to a User shall be provided on an “as is” basis and you agree to a limitation on the liability of Auro Scholar. Youalso agree that youshall have to bear any reasonable and expected costs of participation, including any travel costs to and from the destination unless notified otherwise by Auro Scholar where applicable.
(d) In case you are not satisfied with an event or an experience to which you have been invited or are unable to participate, Auro Scholar will make best efforts to address your complaint or request for accommodation for a future event. You agree, however, not to pursue any claims in relation to these matters against Auro Scholar before any authority and hereby expressly waive any rights in this regard to the extent permitted by applicable law.
(e) In the event you are selected for participation in any Assessment Tests, you agree to review and accept additional terms and conditions (including accepting on behalf of a minor and procuring from the minor such consent as may be necessary, if you are a legal guardian or parent to such a minor) pertaining to fraud detection methodology, KYC process, Micro Scholarship disbursal mechanism, live face detection, live video streaming capture, image procuring etc. Such terms will be made available to you electronically for your review and you shall be able to participate in the Assessment Tests upon your electronic acceptance of the same.
(f) Auro Scholar is a platform that enables Users who meet all prescribed criteria to undertake Assessment Tests and earn Micro Scholarships. Micro Scholarships are payable subject to the terms and conditions prescribed by Auro Scholar, which are subject to change at any time without prior notice. The final decision of selection of eligible Users to participate in the Assessment Tests, the results of any Assessment Tests, determination of winners of Micro Scholarships and disbursements of Micro Scholarships including method of disbursement shall be that of Auro Scholar. Auro Scholar may disburse the Micro Scholarships either directly or through sponsors, as determined in its sole discretion. The mode of receipt of Micro Scholarships shall also be determined by Auro Scholar in its sole discretion from time to time. The winners of the Micro Scholarships may need to hold a certain account or e-wallet in order to receive the Micro Scholarship and shall not be entitled to insist on any other modes of receipt or encashment.
(a) You acknowledge and agree that Auro Scholar and any of its licensors retain ownership of all intellectual property rights (including applicable copyrights, trademarks and other proprietary rights) of any kind on the Platform and Products, and our websites, emails, mobile sites, applications, other Products and/or Services. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms. You further acknowledge and agree that we retain ownership and control over the "look and feel" and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you in under these Terms.
(b) We have invested substantial time and effort into developing the Platform and Products and it contains our own or licensed intellectual property. You further agree not to breach our intellectual property rights or attempt to reverse-engineer or discover the source code (by any means) of the Platform. You agree that any infringement of these restrictions will cause us irreparable loss.Auro Scholar name and logos are trademarks and service marks of Auro Scholar (the “Auro Scholar Trademarks”). Any other company, product, and service names and logos used and displayed via the Platformor in any of our Products may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Auro Scholar. Nothing in these Terms should be construed as granting, by implication or otherwise, any license or right to use any of Auro Scholar Trademarks displayed on the Platform, without Auro Scholar’ prior written permission in each instance.
(c) Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content or intellectual property that are owned by Auro Scholar or licensed to Auro Scholar for use and available on or through the Platform, including in any Products.
(d) The technology underlying the Platform and Products and the entire contents of the Platform and Products including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is either the property of Auro Scholar Private Limited or is licensed for use of Auro Scholar Private Limited. You are prohibited by law from copying or using, without expresspermission, any copyright or other right in such work.
(a) You expressly understand and agree that Auro Scholar, its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of property, profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: - the use or the inability to use the Platform or Products - unauthorized access to or alteration of your transmissions or data; - statements or conduct of any third party on the Platform or in the course of receipt of any Services; - results of any Assessment Tests; - any other matter relating to the Platform or Products/Services.
(b) Your sole and exclusive remedy for any dispute regarding the Platform and Products, with us or any of the persons detailed above shall be termination of your relationship with us. In no event shall our entire liability to you in respect of any Product or Service, whether direct or indirect, exceed the amount paid by you to purchase the same.
(c) You agree to purchase or avail Products at your own risk and to not rely on the accuracy of the descriptions of Services and Products for gauging their usefulness to you. Auro Scholar disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by you. The quality of any products, services, information, or other material purchased or obtained by you through the Platform may not meet your expectations.
(d) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND ANY PRODUCTS IS ENTIRELY AT YOUR OWN RISK AND THE PLATFORM AND ANY PRODUCTS OR SERVICES ARE OFFERED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
(e) For abundant clarity, where Auro Scholaris not the originatorof any Products or Services provided by a third party and purchased or availed by you through the PlatformAuro Scholar disclaims any liability for any such Product defects or shortcomings caused including those caused due to fraud, negligence or mistakes made by the third party. Even in case of Products manufactured by Auro Scholar, disclaims any liability for any such Product defects or shortcomings except any statutory liabilities of a manufacturer of a product such as the Product in question. Auro Scholar’s liability in any circumstance is limited to the transaction price, if any, paid by the User to Auro Scholar.
(f) Auro Scholar makes no warranties or representations about the accuracy or completeness of the Product or Services or the Platform's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platformor Services or Products, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption in or cessation of transmission to or from the Platform, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the Platform.
(g) We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site.
(h) You understand that any marketing or promotion or description of any Product or Service by Auro Scholar is only representative.
(i) You agree that no claims or action arising out of, or related to, the use of the Platform or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
The User agrees to indemnify and hold harmless Auro Scholar, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access (or in the case of a parent or legal guardian, a minor’s access) to or use of the Platform or Product, violation of this Agreement, or infringement of his/her/its Account, or of any intellectual property or Auro Scholar Products or Services. Auro Scholar will notify the User promptly of any third party claim, loss, liability, or demand, and in addition to the foregoing obligations, the User agrees to indemnify Auro Scholar at his/her/its expense for defending suchthird party claims.
(a) You may terminate this Agreement by not accessing the Platformor Product or Servicesbut no termination hereunder shall affect obligations incurred by you as a User or purchaser under this Agreement.
(b) Without limiting other remedies that Auro Scholar may pursue, Auro Scholar may at its sole discretion, take such action as it deems fit including but not limited to cancellation of the transaction or payments made, limit User activity, immediately remove User information, forthwith temporarily/indefinitely suspend or terminate or block a User, and/or refuse to provide a User with access to the Platform or Productor Services or initiate any legal action as it may deem fit.
(c) In the event you have breached any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated by reference or where Auro Scholar is unable to verify or authenticate any information provided byyou; or Auro Scholar believes that your actions may cause legal liability to Auro Scholar, Auro Scholar may terminate your registration. Termination of your account may include: (i) removal of access to all offerings within the Platformor Productsor Servicesor with respect to the Services; (ii) disabling access to the account information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your account (or any part thereof), and any User content uploaded by you; and (iii) prohibiting further use of the Platform or Productor Services.
(d) Additionally, Auro Scholar may have to, with or without notice, terminate your registration in the following events: i. Auro Scholar is required to do so by law (for example, where the provision of the services to you become unlawful), or upon request by any law enforcement or other government agencies; ii. The provision of the Products orServices to you by Auro Scholar is, in Auro Scholar's opinion, no longer commercially viable; iii. Auro Scholar has elected to discontinue, with or without reason, access to the Platform or its Productsor Services (or any part thereof); or iv. In the event Auro Scholar faces any unexpected technical issues or problems that prevent the Platform and / or Products/Services from working.
(e) No actions, omissions or decisions taken by Auro Scholar shall waive any rights or claims that Auro Scholar may have against the User. A User who has been suspended or blocked may not register or attempt to register with Auro Scholar or use the Platform or Productsor Services in any manner whatsoever until such time that such User is reinstated by Auro Scholar at the sole option of Auro Scholar.
(f) Notwithstanding the above, if the User Agreement or the rules and policies and other documents incorporated therein by reference are breached, Auro Scholar reserves the right to recover any amounts due and owed to Auro Scholar and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
(a) When you use the Platform or Productor Services to send emails or share other data, information or communication or when you communicate with Auro Scholar, you agree and understand that you are communicating with such persons through electronic records and you consent to receive communications via electronic records (and have procured consent from and given consent on behalf of any minor for whom you aare a legal guardian or parent).
(b) Auro Scholar may communicate with you by email or by notices on Platform or electronic records on the Platformor on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
(c) You may communicate with Auro Scholar by sending an email to[_____________].
(a) In case of any grievance, objection or complaint on your part with respect to the Platform or Product or other Users or any Services, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use services, or violation of these terms or of your intellectual property you should promptly raise such grievance or complaint with the designated Grievance Officer and provide him with necessary information and/or documents.
(b) Auro Scholar will make a best effort to resolve your grievance and will take adequate action consistent with this Agreement and applicable laws, including taking down any material which is objectionable or harmful for Users.
(c) The name and contact details of the Grievance Officer is published on the Platform as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder. Mr. [.] Address: Phone: Email: Time: Mon to Fri(9:00 am to 6:00 pm)
You may use any feedback and review mechanism provided by Auro Scholarto communicate your fair opinion and facts in respect of the Platform or your experience whilst using the Product known to you from first-hand experience only (or in case you are the legal guardian or parent of a minor, through any experiences of the minor). You shall not include any other hearsay information, or information that results in maligning Auro Scholar, any other User or third party in your feedback.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between the User and Auro Scholar and you shall have no authority to bindAuro Scholar in any manner whatsoever.
(a) These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at New Delhishall have exclusive jurisdiction over all matters and disputes arising out of and relating to the business or Platform or Productsor Services.
(a) Auro Scholar shall be entitled to seek and enforce specific performance of this Agreement, in addition to any other legal rights and remedies, without the necessity of demonstrating the inadequacy of monetary damages.
(b) Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a User will survive the expiration or termination of this Agreement.
(c) If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
(d) This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and Auro Scholar with respect to the subject matter herein.
(e) All remedies of Auro Scholar under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
(f) If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, 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 Agreement shall continue in full force and effect. Auro Scholarmay amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms.