Terms of Service
BY USING THE SITE, YOU AGREE AS FOLLOWS:
- Type of Content on the Site
The information available on this Site, including, without limitation, reviews, opinions, directions, guides, graphics, photographs, logos, audio or video clips, and data (collectively “Content”) is not a substitute for any type of professional advice, including, without limitation, psychiatric, medical, financial, or legal advice. Always seek the advice of an appropriate professional and never disregard professional advice or delay in seeking it because of Content on this Site. Studycafe.in does not certify or endorse the Content on this Site, including without limitation any opinion, recommendation, advice, or any other information contained in the Content.
Studycafe.in IS NOT RESPONSIBLE FOR HARM TO PERSONS OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, USE OF ANY CONTENT ON THE SITE.
- Agreement to Deal Electronically
Your use of the Site is conducted electronically and you agree that Studycafe.in may communicate with you electronically for all aspects of your use of the Site, including sending you electronic notices. If you do not wish to deal electronically, do not use this Site. Delivery of electronic notices is not infallible, so you agree to contact Studycafe.in if you need information about the Site. You agree to keep all records relating to your use of the Site and to print or make an electronic copy of this Agreement and any disclosures provided on the Site. Except as prohibited by law, you waive any law requiring different communication methods in connection with your use of this Site Studycafe.in reserves the right, at its sole discretion, to deliver notices and disclosures by other means such as postal mail.
- Changes to this Agreement
The Site is like a store: every time a customer enters a store the customer is bound by the rules in effect on the date of the customers visit. Similarly, at this Site, you are bound by the version of this Agreement that is in effect on the date of your visit. The terms of this Agreement may change from time to time so please review it when you visit the Site. Any use of the Site after the effective date of any change will constitute your consent to the revised Agreement.
- Protect Your Password: You Authorize All Uses Made Of It.
You are responsible for maintaining the confidentiality of the password that you choose to access and use the Site (“Account”). Subject to applicable law, you agree to be liable for all uses of your Account whether or not actually authorized by you, including but not limited to uses of your Account to submit questions at the Site or to answer questions through the Site. This means that you should not supply your password to anyone who is not authorized to take actions for you.
Studycafe.in may use your email address for the purposes it considers and deems fit. Information about you may be used by Studycafe.in for the purposes it considers and deems fit.
- License to Use the Site
Studycafe.in hereby grants you a limited, non-transferable license to access and use the Site and Content solely for your personal, non-commercial purposes. Except for the license in this Section 6, Studycafe.in retains all right, title, and interest in and to the Site and Content. Subject to applicable law, Studycafe.in reserves the right to suspend or deny, at its sole discretion, your access to all or any portion of the Site with or without notice. You may not access or use the Site or any portion of the Site if such access would violate any law. You may access and print copies of the web screens from this Site, including a copy of this Agreement, for your personal use. Except as provided in this Agreement, permission to reprint or electronically reproduce any Content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from Studycafe.in. You may contact us if you wish to obtain such consent. The Content on this Site is protected by copyright under both Indian and foreign laws. All rights not expressly granted herein are reserved to Studycafe.in and its licensors.
The license in this Section 6 does not include permission to copy the design elements, “look and feel” or layout of this Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Subject to applicable law, Studycafe.in reserves the right to revoke the above permission at any time and to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice. Except as expressly provided in this Agreement, neither Studycafe.in nor any third party has conferred upon you by implication, estoppels, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.
- Rules Relating Services
If you use the services , you are solely responsible for communications posted by you or through your Account. You agree that violation of any of the following rules constitutes a material breach of this Agreement:
- Using the Service for any purpose in violation of local, state, national, or international laws;
- Providing false information on your registration form or impersonating any person;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting or transmitting any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by Studycafe.in in its sole discretion;
- Posting or transmitting any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, “junk mail,” “Spam,” “chain letters,” or any unsolicited mass distribution of email;
- Posting surveys, contests, or pyramid schemes;
- Posting improper questions or answers that are not related to the particular topic;
- Stalking, harassing, or otherwise harming others;
- Distributing viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Collecting or storing personal data about other users of the Site; Inducing, enticing, soliciting, recruiting, luring, or attempting to induce, entice, solicit, recruit, or lure users or Experts to another web site which, in Studycafe.in reasonable determination, is a competitor of Studycafe.in
- Engaging in any other conduct that inhibits any other person from using or enjoying the Q&A Service or the Site;
- Engaging in any other behaviour on the Site, which in Studycafe.in sole discretion is unacceptable.
Studycafe.in may (but is not obligated) to remove Content for any reason, with or without notice to you, including without limitation Submissions (as defined below) that do not conform with the rules Service and terminate your access to the Site.
- License to Submissions to the Site
Should you provide this Site with information, including without limitation, postings , feedback, data, questions, comments or suggestions (“Submissions”) those Submissions will be deemed not to be confidential. You grant Studycafe.in a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Studycafe.in may sublicense these rights to third parties.
- Copyright Infringement Notification & Other Reports
Studycafe.in relies on users of the Site to bring copyright violations to our attention. . If you are aware of infringing materials on the Site, please notify Studycafe.in agent: [email protected]
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Studycafe.in to locate the material;
- Information reasonably sufficient to permit Studycafe.in to contact you, such as an address, telephone number, and if available, an electronic mail address at which the you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, Studycafe.in does not guarantee any action based upon the receipt of such information. ALL INQUIRIES NOT IN COMPLIANCE WITH THE ABOVE NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE.
- Your Representations & Warranties
You represent and warrant for the benefit of Studycafe.in and Studycafe.in licensors, suppliers, and any third parties mentioned on the Site that: (a) you are at least 18 years of age or you have obtained verifiable parental consent to use this site; (b) you possess the legal right and ability to enter into and make the representations and warranties contained in this Agreement; (c) all information that you submit to us is true and accurate; (d) you will keep your registration information current; (e) you will be responsible for all use of your Account even if such use was conducted without your authority or permission (for example, and not by way of limitation, if an unauthorized third party submits or answers a question under your Account); (f) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement (for example, and not by way of limitation, abiding by the Service Rules); and (g) all Submissions are owned by you and Studycafe.in use of the Submissions does not infringe or violate the intellectual property or other rights of any third parties.
You agree to defend, indemnify and hold harmless Studycafe.in its members ,officers, directors, employees, agents, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement.
- DISCLAIMERS OF ALL WARRANTIES AND DUTIES
THIS SITE AND ALL CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND. Studycafe.in AND Studycafe.in LICENSORS GIVE NO EXPRESS WARRANTIES AND DISCLAIM: (A) ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; Studycafe.in OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY CONTENT ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE AND CONTENT IS WITH YOU.
IN ADDITION, Studycafe.in DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
- Links to Third Party Sites
As a convenience, we may provide links to third party web sites from the Site. Studycafe.in is not responsible for and does not endorse the informational content or any products or services available on any third-party web site and does not make any representations regarding its content or accuracy. We do not control any third party web site, and we are not liable for any technological, legal or other consequences that arise out of your visit or transactions there. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such sites. This means that we are not your agent and will not be a party to any contract you enter.
- Limitation of Liability and Remedies
IN NO EVENT WILLStudycafe.in LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY AND ALL OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PERSONAL INJURY, FAILURETO MEET ANY DUTY INCLUDING ACTS OF GOOD FAITH OR OF REASONABLE CARE, LACK OF NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR THIS AGREEMENT, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF Studycafe.in AND EVEN IF Studycafe.in HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON, YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING WILL BE LIMITED TO DISCONTINUING YOUR USE OF THE SITE. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS. IF, HOWEVER, A COURT OF COMPETENT JURISDICTION DETERMINES THAT YOU ARE ENTITLED TO DIRECT DAMAGES PURSUANT TO APPLICABLE LAW YOU AGREE THAT Studycafe.in LIABILITY WILL NOT EXCEED THE AMOUNT OF Rs 200.00 (Rs two hundred, Indian). YOU ACKNOWLEDGE THAT THIS PROVISION IS FAIR.
- Miscellaneous; Entire Agreement
If any part of this Agreement is determined to be illegal, void, invalid or unenforceable, then the invalid or unenforceable provision (or portion) will be deemed superseded by valid, enforceable language that most closely matches the intent and allocation of risk in the original provision (or portion) and the rest of the Agreement will continue in full force and effect. The Agreement constitutes the entire agreement between you and Studycafe.in with respect to the Site and your use of the Site, and supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between you and Studycafe.in regarding the Site and your activities.
- Geographical & Export Restrictions
You agree that all Content posted or accessible via the Site is subject to applicable export control laws and regulations of the Indian Government. You agree not to export or re-export any Content directly or indirectly, to any country not permitted by Indian government export restrictions.
- INDIAN LAW TO BE APPLICABLE:JURISDICTION AT NEW DELHI, ONE MONTH-STATUTE OF LIMITATIONS
This Agreement is governed by the law of India, without giving effect to the principles of conflicts of laws thereof. Your consent to this Agreement includes your consent to jurisdiction and venue in the courts in NEW DELHI in all disputes arising out of or relating to this Agreement. Studycafe.in makes no claims that this Site is appropriate for viewing or accessing outside India. You consent to exclusive jurisdiction and venue in the courts of NEW DELHI. You waive all defences of lack of jurisdiction, venue, or forum non-convenience. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. Studycafe.in performance of this Agreement is subject to existing laws and legal process, and you agree that we may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement. Any cause of action or claim you may bring in connection with the Site, including without limitation any Content, must be commenced within one (1) month after the claim or cause of action arises otherwise such claim or cause of action shall be deemed to be barred. In any dispute between Studycafe.in and you relating to this Site, the prevailing party will not be entitled to attorneys’ fees, costs and expenses.