This document is an electronic record in terms of 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.
These terms and conditions (“Terms”) apply on the usage of our website www.ischolareducation.com (the “Website”), as well as to all information, content and material, including software, text, images, graphics, videos and audios contained in Hardware, recommendations and/or services provided to you on or through the Website, Hardware or Customer Care (“CC”) through a national phone number 080 22100120. The term ‘you’ or ‘user’ refers to the user of our services through Website, Hardware and the CC.
1. ABOUT iScholar
M/s iScholar Education Service Private Limited (hereinafter referred to as “Company” or “iScholar” or “we” or “us”) is a company registered under the Companies Act, 2013. The registered office of Company is at Flat No 257-251, DDA Commercial Complex I, Jhandewalan Extension, New Delhi – 110055. The Company’s registration number is U80903DL201PTC249572.
iScholar is in the business of providing services of e-learning, education management, training, information technology and online learning strategies. iScholar provides quality education at affordable cost using internet based interactive tele-education platform.
2. THE SERVICES
2.1 iScholar offers software, tool kits/study materials on www.ischolareducation.com & learn.ischolareducation.com and/or through hardware like tablets and SD Card (“Hardware”) for e-learning (“Services”).
2.2 iScholar Services can be availed directly through its website, or through the iScholar distributors. Every user shall be provided with an unique code which would give the user access to the tool kits/study materials on the website.
2.3 The Services are available both online and offline, which can be accessed through desktop, laptop, tablet, smartphone, etc . The user can avail the Services online through its website and the user can also avail the Services offline through the hardware such as tablets and/or SD Card provided by the iScholar through its collaborated vendors. The list of the vendors can be found here- http://ischolareducation.com/contact/ischolar-retailers-near-you/
2.4 To use the Services online, the user needs to have access to internet.
2.5 The tool kits/study material shall be provided online/offline to user in quarterly.
2.6 iScholar shall do all the reasonable efforts to provide the Services to the user.
2.7 By using the Website and/or Hardware or user of the service through the CC you hereby acknowledges that iScholar shall not be liable for any damages cause to you.
3. USER(S) ELIGIBILITY
User(s) means any individual has the right to use the Services provided by iScholar. Our Services are available only to those individuals who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i.e. user(s) must be at least 18 years of age to be eligible to use our Services. User who are minor can use the Services or product through their legal guardian or parents. The parents/guardian who enters into this agreement on behalf of such minor, shall bind himself in accordance with all Terms mentioned here.
iScholar advises its users that while accessing the Website/Application, they must follow/abide by the related laws. iScholar is not responsible for the possible consequences caused by your behaviour during use of Website/ Application. iScholar at all the times reserves the right to deny Services.
4. USER ACCOUNTS AND REGISTRATION
To use the Services, the user shall register on the website, pay any applicable fees, and obtain an account, and password. You are solely responsible for maintaining the confidentiality of your account(s), and password(s) and for all activities and liabilities associated with or occurring under your account(s), and password(s). You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being “Your Data”), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete. You agree not to use the website, the Services or the Company Content to recruit, solicit, or contact in any form Tutors or potential Consumers for employment or contracting for a business not affiliated with us without our advance written permission.
It is assumed that all information collected from the user is correct & accurate. Misuse and misrepresentation of identity or contact details will lead to automated termination of Services or the use of the platform without prior notice to such users.
5. USAGE CONDITIONS
You are advised to provide accurate information to iScholar. iScholar can verify the information that you have provided and choose to refuse the service or use of the Application / Website without providing reasons.
By using the Hardware or Website you agree to:
(i) You have understood your contract with iScholar for Website / Hardware usage and you have clearly understood the Services with our clarifications.
(ii) Use the Services or product for personal purposes only.
(iii) You will not assign or otherwise transfer your account to any other person or legal entity.
(iv) You will not use the Services for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes.
(v) You will not use the Services to cause nuisance, annoyance or inconvenience.
(vi) You will not impair the proper operation of the network.
(vii) You will not try to harm the Services in any way whatsoever.
(viii) You will not copy, or distribute the Hardware or software or other iScholar content without written permission from iScholar.
(ix) You will keep your account password information confidential or any other identification we provide you which allows access to the Services.
(x) You will provide us with whatever proof of identity we may reasonably request.
(xi) You will comply with all applicable law from your city, state and the country while using the Hardware or the Services.
In addition to other reasons mentioned under this Agreement, iScholar reserves the right to immediately terminate the Services, if the user does not comply with any of the above rules.
6. PAYMENT AND FEES
6.1 The user has to pay the applicable fees at the time of registration for the Services.
6.2 In case user wants to avail the Services through the Hardware like Tablet and/ or SD Card, user has to pay the cost of the Tablet and the SD Card or just SD Card depends on the order.
6.3 User can purchase the Services or product through the iScholar website or through a iScholar’s distributors.
6.4 The fees/price of the Services or Hardware tends to change depending on the market.
6.5 Once the applicable fees and cost of the Services and Hardware are charged, it cannot be refunded under any circumstances. The fees/price shall include applicable service tax. In case the iScholar provides any concession/discount to any user as per the iScholar Policy, the applicable service tax in such cases shall be borne by the user.
6.6 For return of damaged hardware at the time of delivery, it would be the responsibility of the user to arrange for the return of damaged hardware and the shipment charges shall be borne by the user.
7. REPRESENTATION, WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY
Without prejudice to the above, the Company makes no representation or warranty that:
(i) The Services will meet the customer’s requirements.
(ii) The Services will be uninterrupted, timely or error-free. In case the Website is unavailability or any potion thereof, iScholar shall not held liable for the same.
(iii) iScholar shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the user arising out of the use of Services or product offered by iScholar or due to the failure of iScholar to provide Services to the user for any reason whatsoever including but not limited to the user’s non-compliance with the Services’ recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
(iv) iScholar will not be liable for any damages of any kind arising from the use of the service offered by the iScholar or its distributors including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
(v) User acknowledges that the information and materials provided by iScholar may contain inaccuracies or errors including but not limited to technical inaccuracies and typographical errors and iScholar shall not be liable for any such inaccuracies or errors.
(vi) Use of any information or materials on this website or through Hardware is entirely at your own risk, for which iScholar shall not be liable. It shall be the user’s responsibility to ensure that any products or information available through the website meet his specific requirements.
(vii) iScholar is not responsible for any damage of the Hardware. iScholar encourages you to notify any complaints that you may have with the Services or Hardware to iScholar’s CC.
(viii) iScholar shall provide user with 24X7 support through phone, SMS services, or online queries services. The queries or any issues shall be addressed within 48 hours by the iScholar support team.
(ix) All the calls made to the Company’s CC or support team are recorded by the Company for quality and training purposes.
(x) iScholar is not in any way guaranteeing desired results by the use of its Products or Services and therefore use of iScholar products or Services can be assumed to ensure success in any examination and that shall be still the sole achievement of the merit of every individual user and iScholar Products and Services are nothing but tools to aid in learning and practising for certain exams and iScholar shall have no liability for its efficacy in successful performance by an user who has used such aid to prepare for such exams.
(xi) iScholar shall not be liable for the answers under the section “Ask an Expert” or the tests/notes uploaded in the “Upload Tests & Notes” sub-section maybe uploaded by users directly.
(xii) iScholar may certify an answer posted by a user to be correct or not. This however doesn’t mean that iScholar has checked whether the answer has or has not been copied by such user from any other source without authorisation. iScholar shall look into any such concern of this nature that is brought to its attention.
(xiii) iScholar can ask for user’s photographs, registered roll number, copy of admit cards, etc. and reserve the right to use the photograph and other details of the user for publicity purpose in case the user secures in any relevant competitive exams.
(xiv) iScholar reserves its right to make any alteration in its programs, duration, timing without any prior notice to anybody. The decision of the Company shall be final and binding on the users and the Parents/guardian.
8. AMENDMENT TO TERMS OF CONTRACT
The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at company’s website on the date that company may indicate that such addition, variation or amendment is to come into effect.
9. INTELLECTUAL PROPERTY RIGHTS
The Company is the sole owner or lawful licensee of all the rights to the Website and its content. Website content means its design, layout, text, images, graphics, sound, video etc. The Website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with the Company, its affiliates or licensor’s of Company content, as the case may be.
All rights not otherwise claimed under this contract or otherwise, are hereby reserved. The information contained in the Website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. iScholar does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the “content”) contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on the Website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Services.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in the Website is provided “AS IS” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall iScholar be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Services. User(s) of Website/ Application must hereby acknowledge that any reliance upon any content shall be at their sole risk.
iScholar reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Services.
All related icons and logos are registered trademarks or trademarks or service marks of iScholar in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All content on Website/ Application is the copyright of iScholar except the third party content and link to third party website on our Website.
Any systematic retrieval of iScholar content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from iScholar is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Terms is prohibited and may invite legal action. As a condition of your access to and use of iScholar’s Services, you agree that you will not use the Website/ Application Services to infringe the intellectual property rights of others in any way. iScholar reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the iScholar’s Services, or if iScholar believes that user(s) conduct is harmful to the interests of iScholar, its affiliates, or other users, or for any other reason in iScholar’s sole discretion, with or without cause.
12. CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
By clicking the ‘I Agree’ button, you consent to conduct transactions and receive communications, notices and information or any offers from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number that as per our records, or when we post the electronic communication on the Application or the Website.
13. CHOICE OF LAW AND DISPUTE RESOLUTION
These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Bengaluru shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Application or the Website. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.
The customer agrees and acknowledges that the use of the Hardware/Website is at the sole risk of the user and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality and fitness for any purposes are excluded to the fullest extent permitted by law.
The information contained on Website is for general information purposes only. The information is provided by iScholar and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event, we will be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of the Website/Hardware.
Through the Website/Hardware you are able to link to other websites which are not under the control of iScholar. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the Website/Hardware up and running smoothly. However, iScholar takes no responsibility for, and will not be liable for, the Website/Application being temporarily unavailable due to technical issues beyond our control.
“User” means a person who has signed up and is registered with iScholar for the use or potential use of the Service.
PURPOSES TO STORE YOUR PERSONAL DATA
A. OPTIMIZATION OF WEBSITE & APPLICATION
When you visit the Website, the Website administrator process technical data such as your IP-address, visited web pages, the internet browser you use your previous/next visited websites and the duration of a visit/session to enable us to deliver the functionalities of the Website. In addition, in certain instances the browser may prompt you for your geo-location to allow us to provide you with an enhanced experience. With this technical data the Website administrator can manage the Website, for instance by resolving technical difficulties or improving the accessibility of certain parts of the Website. This way, we ensure that you can (continue to) find the information on the Website in a quick and simple manner.
When you use the Application, we also process technical data such as your IP-address, Device ID or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the Application, resolve technical difficulties, and provide you with the correct and most up to date version of the Application and to improve the function of the Application.
B. OPTIMIZATION OF CUSTOMER SERVICE
When you register as a User, we will collect your name, email address, country, language, password, mobile phone number, IP-address, Device ID.
C. DISCLOSURE OF YOUR DETAILS
We may employ third party companies and individuals to facilitate or provide the Services on our behalf, to process payment, provide customer support, to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website’s features) or to assist us in analyzing how our Services is used. These third parties may have access to your personal information only to perform these tasks on our behalf and are contractually bound not to disclose or use it for any other purpose.
iScholar will disclose your personal data to the extent that this is legally required, or necessary for the establishment, exercise or defense of legal claims and legal process; or in the event of an emergency pertaining to your health and/or safety.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us at firstname.lastname@example.org as soon as possible. We will promptly correct any information found to be incorrect.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website
E. LINKS TO OTHER WEBSITES
The Website may contain links to other websites of interest. However, once you have used these links to leave the Website, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information, which you provide whilst visiting such sites and this privacy statement does not govern such sites. You should exercise caution and look at the privacy statement applicable to the website in question.
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email and by means of a notice on the Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
G. CONTACTING US