TERMS OF USE


Following are the Terms of Use applicable to the use of content delivery embedded software (the “Software”) developed by Edutor Technologies India Private Limited (“Developer”), owned and operated by Orient Blackswan Private Limited (“Company ”), providing auxiliary educational services (“Services”) in the form of eLearning Solutions facilitating collaboration between the Company and teachers, students, readers, educationists, academics, management of educational institutions etc. (“Customers”) for the Company’s offerings including its educational content without limitation to books, textbooks, digital books, ebooks, prescribed lessons, materials, guides, question banks etc. ( “Products”) and establishing a communication system between schools, colleges and other educational institutions (“ Business Partners”) and their teachers, students and management etc. (Customers and Business Partners when authorised by the Company will be referred to as “User” or “Users”), for implementing the Services through use of the Software and any other services offered by the Company or other features, content, or applications offered from time to time by the Company through the Software are governed by the following Terms of Use (“ Terms”).

The User agrees to be bound by these Terms, regardless if he/she/it use the Services directly or indirectly. It is hereby clarified that in case of any User being a minor, for all necessary purposes the term “User” shall mean and include the parents/legal guardians of such minor, and the said parents/legal guardians hereby undertake to be bound by these Terms, whichever applicable and to ensure that the minor(s) adhere to these Terms and other rules of usage of the Software and Services. The minor Users shall use the Services provided by the Company in position and capacity of a beneficiary to this contract. The Company reserves the right to modify these Terms from time to time, and each such modification shall be effective upon posting on the website ‘www.storeapp.orientblackswan.com’ or on the Software.

License

The Company grants the User a non-exclusive, revocable and limited license to access and use the Software and the Services on his/her/its personal device. This license allows the User to install and use the Software and the Services on a single device. The Software and/or any of the Services should not be copied onto any other device. Any such unauthorised copy shall be deemed a violation of these Terms.

The User shall not be permitted to rent, lease, lend, sub-license or transfer the Software and the Services to any other party.

The Company may, whenever necessary, update or modify the Software, release new versions or create new modules related thereto, each of which may, at the Company’s discretion, be included within the license granted above to such Users. Such updates or modifications may be made available to the Users by the Company from multiple channels including but not limited to the website storeapp.orientblackswan.com owned by the Company.

The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to the Software and Services through the User’s Account.

Eligibility

User agrees that, in order to access and use the Services, he/she/it will have to give his/her/its personal information to the Company such as but not limited to name, age, residential address, educational qualifications, academic details, financial information, payment details, etc.

User agrees that, in order to access and use the Services, he/she/it will have to register with the Company and create an authenticated account ( “Account”). User shall identify a user name and password and provide certain personally identifiable information of the User including without limitation, name, age, entity name, contact details, financial information etc. in order to obtain an Account with the Company.

The User, and in case the User is a minor then his/her/its parent/guardian, further represents and warrants that:

The User, and in case the User is a minor then his/her/its parent/guardian, has the right, authority and capacity to enter into these Terms;

The User, and in case the User is a minor then his/her/its parent/guardian, agrees that in order to use the Services, the User will have to open an Account with the Company and pursuant to such registration, the User shall have access to certain features available;

The User, and in case the User is a minor then his/her/its parent/guardian, shall use the Software and the Services for the purposes of personal educational learning and teaching only;

The User, and in case the User is a minor then his/her/its parent/guardian, that all registration information submitted is truthful and accurate;

The User, and in case the User is a minor then his/her/its parent/guardian, is neither a competitor of the Company nor using the Services for reasons that are in competition with the Services of the Company;

The User, and in case the User is a minor then his/her/its parent/guardian, is entitled to submit the information to the Company and that such information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights;

The User, and in case the User is a minor then both the Minor User and his/her/its parent/guardian, will maintain the accuracy of such information;

The User, and in case the User is a minor then his/her/its parent/guardian, the use of the Services does not violate any applicable law; and

The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian, shall not stalk or harass any other User of the Services.

Restrictions on Use

The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian, may not:

· remove any copyright, trademark or other proprietary notices from any portion of the Software and Content;

· reproduce, copy, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content except as expressly permitted by the Company and licensors of the Content;

· decompile, attempt to derive source code, reverse engineer or disassemble the Software except as may be permitted by applicable law;

· link to, mirror or frame any portion of the Services or Content;

· cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Software or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;

· attempt to gain unauthorised access to or impair any aspect of the Software or its related systems or networks or Services or the Content;

· commit jail breaking or rooting of the operating system(s) of the User’s device consequently leading to the non-performance of the Software or Services; or

· attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Software, overloading, flooding, spamming”, mail bombing, hacking, crashing, etc.

In addition to the above, the User, and in case the User is a minor then the Minor User and his/her/its parent/guardian, shall not:

· reformat or frame any portion of the features/modules that are part of the Software;

· create User accounts under fraudulent pretenses;

· submit any content or material that falsely express or implies that such content or material is sponsored or endorsed by the Company;

· transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;

· take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Company and/or the Software and/or the Services;

· use the Services to transmit, distribute, post, or submit any unauthorised information or materials (“Posted Materials”) that is libellous, defamatory, obscene or in violation of these Terms and the Privacy Policy (Refer Privacy Policy” on www.storeapp.orientblackswan.com or on the Software) of the Company.

Remedies with Company

The User, and in case the User is a minor then his/her/its parent/guardian, understands and agrees that the Company may review any Posted Materials on/through the Software, and in case the Company, at its sole discretion, finds that the User/Minor User violates any of these Terms then it reserves the right to take action to prevent/control such violation, including but not limited to removing the offending communication or content from the Software and/or Services and/or terminating the registration of such violators and/or blocking use of the Software and/or Services by the violators.

The Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting the User, and in case of a Minor User then his/her/its parent/guardian, who is involved in such violations.

The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian, acknowledges that in no event shall the Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of any User or Minor User or anyone else in connection with the use of the Services.

Digital Store

In order to use and have access to the Services and/or Products and various other products/services through an e-store ( “Digital Store”), the User, and in case the User is a minor then the Minor User through his/her/its parent/guardian may need to purchase such Services and/or Products, products and/ or services, which will be licensed for a defined limited period ( “Subscription Period”), as chosen by the User and in case the User is a minor then his/her/its parent/guardian ( “Subscription”). The User, and in case the User is a minor then his/her/its parent/guardian shall be charged such fee at the time of purchase for the Subscription Period (“Subscription Fee”), as available on the Digital Store, which is subject to amendment from time to time, at the Company’s discretion.

Subject to payment of such Subscription Fee and these Terms, the Company grants to the User, and in case the User is a minor then the Minor User and his/her/its parent/guardian, a non-exclusive, revocable and limited license to access and use the purchased Services and/or Products on his/her/its personal device.

The Subscription will be effective from the date of purchase of the Services and/or Products till the last date of the Subscription Period. The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian acknowledges that it is his/her/its responsibility to re-purchase the Subscription if he/she/it wishes to have access, upon completion of the Subscription Period.

The User may cancel the Subscription on the conditions as stated by the Company’s Refund Policy (Refer “Refund Policy” on www.storeapp.orientblackswan.com or on the Software).

Intellectual Property Rights

The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian acknowledges and agrees that the Company or Company’s licensors own all legal rights, titles and interests in and to the Software, Services, Products and content in the Services and Products and other features such as the Digital Store, including any intellectual property rights which subsist in the Software, Services, Products and content in the Services and Products whether those rights happen to be registered or not, and wherever in the world those rights may exist. The Services, Products, content in the Services and Products and various other content, services and products available through the Software is copyrighted work and such applicable intellectual property of the Company and/or multiple business partners and/or publishers, and the Company holds a valid license to offer the same through the Software.

The Company acknowledges and agrees that unless otherwise specified in any other document pertaining to specific content, Services or Products or any other services or products, that it obtains no right, title or interest from the User and in case the User is a minor then the Minor User and his/her/its parent/guardian, under these Terms in or to any Posted Materials on, or through, the Software, including any intellectual property rights which subsist in that content, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Unless the Company agrees to otherwise in writing, the User and in case the User is a minor then the Minor User and his/her/its parent/guardian agrees that he/she/it is responsible for protecting and enforcing those rights and that the Company has no obligation to do so on the User’s, and in case the User is a minor then the Minor User’s and his/her/its parent’s/guardian’s behalf.

The User, and in case the User is a minor then his/her/its parent/guardian on the Minor User’s behalf, agrees that he/she/it shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Software.

The User, and in case the User is a minor then his/her/its parent/guardian on the Minor User’s behalf, agrees that in using the Services, he/she/it will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

Copyright Complaint

If a copyright/intellectual property owner or an agent thereof believes that any User content or Posted Material or other content on the Software infringes upon their copyrights or other intellectual property, such intellectual property owner may kindly mail the Company, at support.storeapp@orientblackswan.com

Confidential Information

The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian, may be given access to certain non-public information relating to Software and specifications of the Software which is confidential and proprietary to the Company ( “Company’s Confidential Information”). The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian, may use Company’s Confidential Information only as necessary in exercising rights granted to them in this Agreement.

Company’s Confidential Information includes, but not limited to:

· all technology, programming, specifications, materials, guidelines and documentation relating to the Software and Services;

· Company’s Application Program Interface (“API”) Data; and

· any other information designated in writing by the Company as "Confidential" or an equivalent designation.

The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian, agrees that he/she/it will not disclose Company’s Confidential Information without Company’s prior written consent.

The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian, agrees that he/she/it will protect Company’s Confidential Information from unauthorised use, access, or disclosure in the same manner that User, and in case that User is a minor then the Minor User and his/her/its parent/guardian, would protect that User’s, and in case that User is a minor then that Minor User’s and his/her/its parent’s/guardian’s, own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.

Company’s Confidential Information does not include information that:

· has become publicly known through no breach by the User, and in case the User is a minor then the Minor User and his/her/its parent/guardian;

· has been independently developed without access to Company’s Confidential Information, as evidenced in writing;

· has been rightfully received by

· the User, and in case the User is a minor then the Minor User and his/her/its parent/guardian, from a third party who has the lawful right to disclose such information; or

· is required to be disclosed by law or by a governmental authority.


Username and Password

Company acknowledges that it employs industry standard security protocol to ensure that the information which the User/Minor User stores in, transmits or transfers/shares through the Software is protected. The Software is hosted on a secure server. Access to data is protected by password by the database server, which only accepts connections from the web server, and all the information transmitted from the User’s account to the web server are secured by industry standard transport layer security, specifically server-side SSL.

The User, and in case the User is a minor then the Minor User or his/her/its parent/guardian will select a username and password when completing the registration process to open an Account.

The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under his/her/its Account.

The User, and in case the User is a minor then his/her/its parent/guardian agrees to: (a) notify the Company immediately of any unauthorised use of his/her/its Account or any other breach of security; and (b) ensure that the User/Minor User has logged off from his/her/its Account at the end of each session.

The Company will not be liable for any loss or damage arising from the User’s/Minor User’s failure to comply with any of the terms of this Username and Password clause.

Conditions for Registration

As a condition to register with the Company to use the Software and Services, the User, and in case the User is a minor then the Minor User and his/her/its parent/guardian agrees that:

· these Terms are binding and enforceable against him/her/it and the parent or guardians of the User in case the User is a minor;

· To the extent that the User is an individual accepting these Terms on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity;

· The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian will keep his/her/its contact information accurate and up-to-date;

· The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian will not provide any false personal information to Company, or create an Account for anyone other than himself/herself/itself without permission; except in case of a Minor User the parents/legal guardians may create an account for the Minor User’s benefit, with proper notification to the Company;

· If Company disables User’s/Minor User’s account, the User, and in case the User is a minor then the Minor User or his/her/its parent/guardian will not create another Account without Company’s permission; and

· the User, and in case the User is a minor then the Minor User and his/her/its parent/guardian will not share his/her/its password or do anything else that might jeopardise the security of his/her/its account and any other User’s account.

Additions and Alterations to Terms of Use

The Company reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon notification.

The Company will post its Users of such additions/alterations either through e-mails, messages to the User’s account on the Software and/or notices posted on or through other means available through the Services and/or on www.storeapp.orientblackswan.com . These additions/alterations will not apply retroactively and will become effective from the date they are posted.

Additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular event, activity or promotions, and such supplemental terms will be disclosed in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Continued use of the Services following any such modification constitutes the User’s, and in case the User is a minor then the Minor User’s and his/her/its parent’s/guardian’s acceptance to be bound by these Terms as so modified. It is therefore important that the User, and in case the User is a minor then the Minor User and his/her/its parent/guardian reviews these Terms regularly. If the User, and in case the User is a minor then the Minor User or his/her/its parent/guardian does not agree to be bound by these Terms/Supplemental Terms and to abide by all applicable laws, he/she/it must discontinue use of the Services immediately.

Term and Termination

These Terms shall remain in full force and effect unless and until User’s/Minor User’s account is terminated as provided herein.

Any licenses contained in these Terms will terminate automatically without notice if User/Minor User fails to comply with any provision of these Terms.

The Company further reserves the right to terminate use or discontinue access to the Software or any portion or feature thereof for any or no reason and at any time under these Terms without being liable to the User.

The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian may also terminate use under these Terms for any or no reason and at any time by deleting the Software from his/her/its device and destroying all the proprietary material. Upon such termination for any reason under these Terms, the User, and in case the User is a minor then the Minor User and his/her/its parent/guardian shall cease to have access to the Software and to the use of any of the Company’s offerings through the Software including but not limited to the Services, Products and content under these Terms.

The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian shall delete all copies of the Software, Company’s offerings through the Software including but not limited to the Services, Products and content and the Company’s Confidential Information and shall further cease and desist from distributing, using or developing the Software, offerings through the Software including but not limited to the Services, Products and content, and information.

The Company will not be liable for any costs, expenses, or damages as a result of the termination of use under these Terms.

Third Party Content

The Software, Services and Products may contain features and functionalities that allow access to third party content, including but not limited to e-books, teacher specific lessons, pre-loaded tests, websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the internet as a whole. Any such access and activities thereof, and any terms associated with such activities, are solely between the User, and in case the User is a minor then the Minor User and his/her/its parent/guardian and the applicable third party. The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian should make whatever investigation he/she/it may feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian is solely responsible for his/her/its dealings with any third party, including the use of third party applications or services and the delivery of and payment for any third party products and services. If the User, and in case the User is a minor then the Minor User and his/her/its parent/guardian has any problems resulting from use of any third party services, or suffers data loss or other losses as a result of problems with any of other service providers or any third-party services, the Company shall not be responsible for the same. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party software, services, products, websites etc.

Uploading Content and Review

The Software may allow the User/Minor User to submit e-books, modules, test material, course based content and other related information ( “Submissions”) which may be hosted, shared or published as part of the Services, and may be visible to, accessed and used by other Users. The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian represents that he/she/it shall be solely responsible for the Submissions made and for the consequences of uploading them. The Company is only acting as a repository of the Submissions data and those Submissions do not represent the views of the Company and Company makes no guarantee as to the validity, accuracy or legal status of any Submissions.

Disputes

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The User, and in case the User is a minor then his/her/its parent/guardian will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law at Hyderabad.

If anyone brings a claim related to User’s/Minor User’s actions, content or information on the Software, the User, and in case the User is a minor then his/her/its parent/guardian will indemnify and hold the Company, Developer and the Company’s suppliers of products and services and technology providers for the Products and Services licensed on the Software harmless from and against all damages, losses, claims and expenses of any kind, including legal fees and costs, related to such claim arising out of or in any way related to any use of the Software, Services and Products, or of any content, data or documentation received through the Software by Users/Minor Users, regardless of the form of action. Although the Company through these terms provides rules for User/Minor User conduct, the Company does not control or direct User’s/Minor User’s actions on the Software through his/her/its account and is not responsible for the content or information Users/Minor Users transmit or share on or use in the Software. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information User/Minor User may encounter on the Software. The Company is not responsible for the conduct, whether online or offline, of any User/Minor User.

Disclaimer and Limitation of Liability

THE COMPANY TRIES TO KEEP THE SOFTWARE/SERVICES/PRODUCTS, BUG-FREE, AND SAFE, BUT THE USER, AND IN CASE THE USER IS A MINOR THEN THE MINOR USER AND HIS/HER/ITS PARENT/GUARDIAN AGREES TO USE SOFTWARE/SERVICES/PRODUCTS AT HIS/HER/ITS OWN RISK. THE COMPANY IS PROVIDING THE SOFTWARE/SERVICES/PRODUCTS AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT GUARANTEE THAT THE SOFTWARE/SERVICES/PRODUCTS WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SOFTWARE/SERVICES/PRODUCTS WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.

THE COMPANY DOES NOT WARRANT THAT: (A) THE SOFTWARE/SERVICES/PRODUCTS WILL MEET THE USER’S, AND IN CASE THE USER IS A MINOR THEN THE MINOR USER’S AND HIS/HER/ITS PARENT’S/GUARDIAN’S REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT THE USER/MINOR USER MAY OBTAIN FROM THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER/MINOR USER THROUGH THE SERVICES WILL MEET HIS/HER/ITS EXPECTATIONS; (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED; OR (F) THE METHOD OF DELIVERING ANY INFORMATION THROUGH THE SOFTWARE/SERVICES/PRODUCTS WILL BE RELIABLE OR ERROR-FREE.

THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT OF VARIOUS AUTHORS, CONTENT PROVIDERS, INFORMATION, POSTED MATERIAL, SUBMISSIONS OR DATA OF THIRD PARTIES, AND THE USER, AND IN CASE THE USER IS A MINOR THEN THE MINOR USER AND HIS/HER/ITS PARENT/GUARDIAN RELEASES THE COMPANY, COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THE USER, AND IN CASE THE USER IS A MINOR THEN THE MINOR USER AND HIS/HER/ITS PARENT/GUARDIAN HAS AGAINST ANY SUCH THIRD PARTIES.

THE COMPANY WILL NOT BE LIABLE TO THE USER, AND IN CASE THE USER IS A MINOR THEN THE MINOR USER AND HIS/HER/ITS PARENT/GUARDIAN FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS.

IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE USER, AND IN CASE THE USER IS A MINOR THEN THE MINOR USER AND HIS/HER/ITS PARENT/GUARDIAN. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE COST OF THE SOFTWARE PROVIDED TO THE USER/MINOR USER. THE USER, AND IN CASE THE USER IS A MINOR THEN THE MINOR USER AND HIS/HER/ITS PARENT/GUARDIAN MAY NOT, IN ANY EVENT BRING ANY CLAIM OR CAUSE OF ACTION AGAINST THE COMPANY MORE THAN TWO (2) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS/MINOR USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SOFTWARE/SERVICE/PRODUCTS.

THE COMPANY AND ITS CONTENT SUPPLIERS FOR THE SOFTWARE/SERVICES/PRODUCTS SHALL NOT BE LIABLE FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM ANY LICENSED SOFTWARE/SERVICES/PRODUCT AND ITS CONTENT, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; OR (B) THE UNAVAILABILITY OF ANY SOFTWARE/SERVICES/PRODUCT; OR (C) ANY USE OF ANY SOFTWARESERVICES/PRODUCT; OR (D) ANY USE OF ANY EQUIPMENT OR SOFTWARE/SERVICES IN CONNECTION WITH ANY PRODUCT; OR (E) ANY RELIANCE ON THE INFORMATION CONTAINED IN THE SOFTWARE/SERVICES/PRODUCTS OR IN ANY CUSTOMER SUPPORT/USER SUPPORT INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES BE LIABLE TO THE USER, AND IN CASE THE USER IS A MINOR THEN THE MINOR USER AND HIS/HER/ITS PARENT/GUARDIAN FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF USE, DATA, BUSINESS, GOODWILL OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USERS/MINOR USERS USE OF THE SOFTWARE, COMPANY SPECIFICATIONS, SERVICES, PRODUCTS, CONTENT, OR OTHER COMPANY PRODUCTS AND SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE USER, AND IN CASE THE USER IS A MINOR THEN THE MINOR USER AND HIS/HER/ITS PARENT/GUARDIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, THE COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE FEES THE USER, AND IN CASE THE USER IS A MINOR THEN THE MINOR USER AND HIS/HER/ITS PARENT/GUARDIAN HAS PAID FOR ACCESS TO THE APP IN THE LAST YEAR.

Force Majeure

The Company shall not be liable for any failure to perform any part of its obligations under this agreement where such failure is due to fire, flood, power outages, strikes, labour troubles, other industrial disturbances, inevitable accidents, war (declared or undeclared), acts of terror, or any force majeure, commercially unreasonable hostile acts by a third party with respect to the products, embargoes, blockages, legal restrictions, governmental regulations or orders, riots, insurrections, or cause beyond the control of such party. However, the Company shall use diligent efforts to resume performance. This agreement shall not be regarded as terminated or frustrated as a result of such failure of performance that does not exceed six (6) months, and the parties shall proceed under this agreement when the causes of such non-performance have ceased or have been eliminated.

Contact Us

If there are any questions regarding these Terms, the User, and in case the User is a minor then his/her/its parent/guardian may contact the company at:

Orient Blackswan Private Limited
3-6-752 Himayatnagar, Hyderabad 500 029, Telangana, India

Email: support.storeapp@orientblackswan.com

Phone: +91(0)40 27610898 / 27665447


General

These Terms along with the Privacy Policy make up the entire agreement between the parties regarding the Software/Services/Products, and supersedes any prior agreements or understandings.

The appropriate fees for the access to the Software/Services/Products provided by the Company shall be cumulative of various fees as per the features and modules opted by the User, and in case the User is a minor then his/her/its parent/guardian, especially schools and other educational institutions (“Fee”). The Fee shall be collected by the Company, as advance at the time of registration, all applicable taxes will be extra.

If any portions of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.

The Company’s failure to require performance of any provision of these Terms, or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right.

Any amendment to or waiver of these Terms must be made by the Company and posted to the Software and website www.storeapp.orientblackswan.com.

The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian will not transfer any of the User’s, and in case the User is a minor then the Minor User’s and his/her/its parent’s/guardian’s rights or obligations under these Terms to anyone else without the Company’s consent.

All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in these Terms shall prevent the Company from complying with the applicable laws.

These Terms do not confer any third party beneficiary rights.

The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian should carefully read the Company’s Privacy Policy as it governs the Company’s treatment of any information, including personally identifiable information the User, and in case the User is a minor then the Minor User and his/her/its parent/guardian submits to the Company.

The Company reserves all rights not expressly granted to the User, and in case the User is a minor then the Minor User and his/her/its parent/guardian.

If under any law, the User, and in case the User is a minor then the Minor User and his/her/its parent/guardian is entitled or obligated to act contrary to these terms, the User, and in case the User is a minor then his/her/its parent/guardian consents to provide the Company with a comprehensive explanation of the reasons for such act in writing at least 30 days before the User, and in case the User is a minor then his/her/its parent/guardian acts in such manner.

The User, and in case the User is a minor then the Minor User and his/her/its parent/guardian will comply with all applicable laws when using or accessing the Services.