Effective Date: January 12, 2021
Website Covered: www.skoolz.in

Terms & Conditions

THE TERMS AND CONDITIONS shall govern your access/use of the www.skoolz.in (Website). The access rights are reserved with the XergY Business Excellence Pvt Ltd (hereinafter referred to as "Service Provider"). You hereby accepting all the terms and conditions in full for accessing the website which are added/modified from time to time. By accessing either directly or through a hyperlink you are hereby expressly and impliedly accepting all the Terms and Conditions. If you are disagreeing the Terms and Conditions or any part thereof you must not access this Website. This Website uses cookies, by accessing this Website or accepting Terms and Conditions you are hereby agreeing to use of cookies.

1. ABOUT THE WEBSITE

This Website facilitates to receive enquiry/application for admission/appointment from the students/parents/third party to connect with the institutes/schools/organizations registered under this Website. The Website on receiving of online enquiry/application for admission/appointment requests from the students/parents will directly received by the institutes/schools/organizations (“Schools”) registered under this Website. This website reserves the right to reject any enquiry/application for admission/appointment requests without assigning any reason. This Website will not screen any enquiry/application for admission/appointment/Form filled and shall not explicitly store the data. This Website shall not take any risk dealing with the institutes/schools/organizations/third party or other users under this Website. This Website shall not confirm any admission or reserving the seats in any schools. You are hereby undertaking to use the Website only for lawful purposes without infringing the rights or restricting the use of this Website by any third party.

2. INTELLECTUAL PROPERTY

i. This Website provide limited license to access the information on the Website, the information which may include, but is not limited to documentation, images, videos, data in respect of the Schools and other materials to assist in your use of the Website. The limited license shall include non-exclusive, non-transferable, and revocable license to access solely in connection with your personal use of the Website not for commercial purpose. The information provided on the Website shall not be used for any other purpose.

ii. That, you agree that the Website provided shall be the property of the Service Provider or third party, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("IPR"). You agree that all the property shall not use the IPR for any unlawful or infringing purpose. You agree not to reproduce in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Service Provider.

a) You hereby grant a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content to publish, upload or otherwise make available to the Website. The Service Provider claims no further proprietary rights in our content.

b) If you feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another under this Website, please Contact Us.

3. USER OBLIGATIONS

i. As a user of the Website, you may register with us for the additional services. When you do so, you will choose a user identifier and password along with other information. You are required to provide the accurate information as specified in the Website. You must not share such identifying information with any third party, and if you discover that your identifying information has been used by third party then immediately inform in writing to complain@xergy.co.in

ii. You are responsible for maintaining the safety and security of your identifying information. The information you provide us, including and other payment information, is subject to the confidentiality and accuracy. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination. The Service Provide reserve the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

4. PAYMENT & FEES

The Website provides for the paid services. You agree to pay Service Provider the specific monetary amounts required for that services. These monetary amounts ("Fees") will be described to you during registration and confirmation process. The final amount required for payment will be shown to you before you make the payment. Your payment of service fee is only for the service specified, and the Website is not responsible for the outcome of the service. The Service Provider reserve the right to refuse service on the sole discretion to anyone for any reason at any time.

5. ACCEPTABLE USE

You hereby undertake to use the Website for purpose that has been provided. You shall not use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, services or Service Provider.

a) You further agree not to use the Website or Services:

i. To violate any intellectual property rights of the Service Provider or any third party;
ii. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
iii. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, obscene, lewd, lascivious, pornographic, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, violate rights of publicity and/or privacy or that would violate any law;
iv. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
v. To publish or distribute any material that incites violence, hate, or discrimination towards any group or section of society or any institution.
vi. To unlawfully gather information about others or any fraud
vii. To infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly;
viii. To violate any local, federal or international law, statute, ordinance or regulation;
ix. To collect or track the personal information of others; to damage, disable, overburden, or impair the Website or any other party's use of the Website; to spam, phish, pharm, pretext, spider, crawl, or scrape;
x. To Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
xi. To violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, User, or network.
xii. To use for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
xiii. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;

b) Service Provider reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses. The Service Provider has the full authority to review all content posted by users on the Website. You acknowledge that the Service Provider is not responsible or liable and does not control the content of any information that may be posted on the Website. If you agree that you shall not upload, post, or transmit any content that you do not have a right to make available.

c) You agree to comply with all applicable laws, statutes, and regulations concerning use of the Website and further agree that you will not transmit any information, data, text, files, links, software, chats, communication, or other materials that are abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances.

d) Service Provider may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions.

6. COMMUNICATION

i. You understand that each time uses the Website in any manner, you agree to these Terms and Conditions. By agreeing to these Terms and Conditions, you acknowledge that you are interested in availing the services that you have selected and consent to receive communications via phone or electronic records from the Website, including email messages informing you about updates and services offered by the Website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the Website. You agree that the communications sent to you by the Service Provider shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.

ii. All communication or requests or permitted to be given under or in connection with this Terms and Conditions or the subject matter hereof of either of the Parties hereto shall be in English and sent to email reachus@xergy.co.in

7. PRIVACY INFORMATION

Through your use of the Website and services, you may provide us with certain information. By using the Website or the services, you authorize the Service Provider to use your information in India and any other country where Service Provider may operate.

a) Information Collected or Received: When you register for an account in Website for services, Service Provider may also receive information from external applications you accessed Website, or through various web technologies, such as cookies, log files, clear gifs, web beacons, or others.

b) How Service Provider Use Information: Service Provider use the information gathered from you to ensure your continued good experience on Website, including through email communication. Service Provider may also track certain of the passive information received to improve quality of service, marketing and analytics, and for this, Service Provider may work with third-party providers.

c) How you Can Protect Your Information: If you would like to disable Our access to any passive information Service Provider receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that the Service Provider will still receive information about you that you have provided, such as your email address and any other information as per the technology available.

8. SALE OF SERVICES

i. The Service Provider may provide services or sell goods or allow third parties to sell goods or services on the Website. The Service Provider does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such Service or products at your own risk. For goods or services sold by others, the Service Provider assumes no liability for any service or product and cannot make any warranties. For any claim you may have against the specific seller of the products or the service and not with the Service Provider of the Website. You hereby release the Service Provider from any claims related to goods and services sold by third parties.

ii. The Service Provider does not accept responsibility for the security of your account or content or any information. You agree that your use of the Website or Services is at your own risk.

iii. Service Provider may restrict the sales of products or Services to any person, geographic region, or jurisdiction at our sole discretion, as Service Provider may decide on a case-by-case basis.

iv. This Service Provider may provide you with access to third-party tools over which Service Provider neither monitor nor have any control nor input. You acknowledge and agree that Service Provider provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. Service Provider shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

v. The Service Provider may occasionally post links to third-party websites or other services. You agree that the Service Provider is not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to Website.

9. INDEMNIFICATION

You agree to defend and indemnify and keep indemnified the Service Provider and any of its affiliates (if applicable) and hold Service Provider harmless against any and all claims and demands, losses, damages, including attorney's fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of these Terms and Conditions, or your conduct or actions. You agree that the Service Provider shall be able to select its own legal counsel and may participate in its own defense if the Service Provider wishes.

10. MODIFICATION & VARIATION

The Service Provider may, from time to time and at any time without notice to you, modify these Terms and conditions Service. You agree that the Service Provider has the right to modify these Terms and Conditions or revise anything contained herein. You further agree that all modifications to these Terms and Conditions for the services are in full force and effective immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms and Conditions. You agree to routinely monitor keep update on these Terms and Conditions. You agree that such failure to update shall be considered as waiver of your right.

11. SERVICE INTERRUPTIONS

The Service Provider may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis or due to any technical glitch. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Service Provider shall have no liability for any damage or loss caused as a result of such downtime.

12. TERM, TERMINATION & SUSPENSION

The Service Provider may terminate these Terms and Conditions with you at any time for any reason, with or without cause. The Service Provider specifically reserves the right to terminate these Terms and Conditions if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Service Provider or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate these Terms of Service at any time by contacting us and requesting termination. Please keep in mind that any outstanding fees will still be due even after the termination of your account. At the termination of these Terms and Conditions, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

13. NO WARRANTIES

i. You agree that Your use of the Website and Services is at your sole and exclusive risk and that any Services provided by Service Provider are on an "As Is" basis. The Service Provider hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warranty for a particular service or purpose. The Service Provider makes no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, accuracy, completeness, advertisements or usefulness of information, views, opinions, or advice or secure. The Service Provider also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the Website or Services is your sole responsibility and that the Service Provider is not liable for any such damage or loss.

ii. Your use of any information or materials on this site or otherwise obtained through the use of this Website is entirely at your own risk, for which Service Provider shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Website meet your specific requirements.

iii. The Website shall not be responsible for any interaction between you and the other users or the Schools on the Website. Under no circumstances will the Website be liable for any services, resources or content available through School or third-party dealings or communications or for any harm related thereto. The Website is under no obligation to become involved in any disputes between you and specific service providers or other users of the Website or between you and any other third parties. You agree to release the Website from any and all claims, demands, and damages arising out of or in connection with such dispute.

iv. You agree and understand that while the Website has made reasonable efforts to safeguard the Website, it cannot and does not ensure or make any representations that the Website or any of the information provided by you cannot be hacked by any unauthorized third parties. You specifically agree that the Website shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Website.

v. You specifically agree that the Website is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that the Website is not responsible for any content sent using and/or included in the Website by any third party.

vi. In no event shall the Website be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide Services, or to deliver the products or for any information, software, products, services and related through the site, or any interaction between you and other participants of the Website or otherwise arising out of the use of the Website, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the Website or any of its affiliates/suppliers has been advised of the possibility of damages. If despite the limitation above, the Service Provider is found liable for any loss or damage which arises out of or in any way connected with the use of the Website and/ or provision of Services, then the liability of the Service Provider will in no event exceed, 10% (Ten percent) of the amount you paid to the Service Provider in connection with such transaction(s) on this Website.

14. GENERAL TERMS:

a) JURISDICTION, VENUE & GOVERNING LAW: You agree that Indian Laws shall govern this Terms and Conditions and Bengaluru, Karnataka, courts shall have exclusive jurisdiction. All disputes arising out of or in connection with the present Terms and Conditions shall be settled by mutual understanding. In the event the Parties fail to amicably settle and compromise any differences/disputes within 30 days of raising such differences, then both the Parties agree that such disputes or differences arising between the Parties hereof, shall be referred to and finally settled through mediation at Mediation Centre Bangalore. If matter not settled will be referred to arbitration and such arbitration shall be conducted in accordance with the rules of Arbitration and Conciliation Act 1996, by an arbitration panel comprising of a sole arbitrator at Bangalore. The Parties agree that the award passed by the arbitrator shall be final and binding upon the Parties.

b) ASSIGNMENT: The rights granted hereunder Terms and Conditions, may not be assigned, sold, leased or otherwise transferred in whole or part by you except with the prior written approval of the Service Provider.

c) NO WAIVER: In the event of Service Provider fails to enforce any provision of these Terms and Conditions, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms and Conditions will not constitute a waiver of any other part or sub-part.

d) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service are for convenience and organization only. Headings shall not affect the meaning of any provisions of these Terms and Conditions.

e) ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website

f) RELATIONSHIP: The Terms and Conditions is on a principal–to–principal basis between the Parties hereto. Nothing in this Terms and Conditions shall be construed as establishing a partnership, joint venture, agency, exclusive arrangement or other similar relationship.

g) EXCLUSION OF THIRDPARTY RIGHTS: Nothing in this Agreement shall be considered or construed as conferring any right or benefit to a person or body corporate not a Party to this Agreement, and the Parties do not intend that any term of this Agreement should be enforceable in any way whatsoever, by any person who is not a Party to this Agreement.

h) SEVERABILITY: Any provision or any part of any provisions under this Terms and Conditions, which is illegal, void or unenforceable shall be severable provided that the rights and/or obligations and/or liabilities of the Parties hereunder are not substantially altered thereby. Following any such severance under this Terms and Conditions shall be read and construed as if such severed provisions were not contained herein.

i) FORCE MAJEURE: The Service Provider shall not be considered in default in the performance of its obligation under this Terms and Conditions, if such performance is prevented or delayed on account of war, civil commotion, strike, server issues, internet, software issues, any technical issues, epidemics, accidents, fires, unprecedented floods, earth quake or because of promulgation of any law or regulations by the Government or international laws or account of any other Acts of God.