Terms and Conditions

Introduction

Please read these terms of use (“Terms”), a legal agreement between AglaSem EduTech Pvt. Ltd.,a Company incorporated under the Companies Act, 1956 bearing CIN No. U80301DL2012PTC237052 with its registered office at ROHINI NEW DELHI (Hereinafter “AglaSem”/ “Company”/ “We”) AND those who use the Website (defined below) of the second part (hereinafter collectively referred to as “you”, “yours” or “User”).

The Terms shall govern use of and access to the website www.aglasem.com (the “Website”) accessible through desktops, mobile phones, smart phones and tablets which includes the computer software, associated media, collaterals, and online or electronic documentation. AglaSem is the owner of the Website and by accessing, or otherwise using the Website, You agree to be bound by the Terms.   

Please carefully go through these Terms and the privacy policy available at https://www.aglasem.com/ privacy (“Privacy Policy”) which together constitutes a legal agreement (“Agreement”) between you and the Company in connection with your access and use of the Website and the information offered thereunder.

We request You to please read these Terms carefully and do not continue the use of the Website and/or information offered unless You agree fully with these Terms.

Use of the Website by Users:

(i) The Users may use this Website for getting updates and preparation material for school studies, entrance exams, college admissions, government jobs, talent search exams, Olympiads etc.

(ii) By accessing the Go To AglaSem School tab on the Website, the Users will have access to School study material of CBSE, ICSE/ISC, Stateboards, NCERT books and solutions, mock tests, class notes, solutions, sample papers, olympiads, educational videos, information pertaining to school admissions, access to resources and information such as class notes, text books, sample papers, model question papers, syllabus, blue prints etc. for each class. You can prepare for your exams using the unlimited pool of study material available at AglaSem and get an edge over your competitors.

(iii) By accessing the Go To AglaSem Admissions tab on the Website, the Users have access to National, state and college level entrance exams and admission dates, updates, preparation, query solving in relation to fields including law, medical, engineering and management. They also get access to information pertaining to various universities and colleges etc.

(iv)  By accessing the Go To AglaSem Career tab on the Website, the Users have access to information pertaining to Government jobs, bank jobs, teacher eligibility test, railways recruitment updates and preparation materials.

(v) Using the Aglasem Forum by creating an account by using your Google, Facebook or Yahoo account. You represent that you are 18 years and above and that if you are child is a minor then the account has been created by you as the legal guardian on your child’s behalf. You represent that you have the legal authority to enter into and be bound by this Terms of Use. You may use the AglaSem Forum the largest education guidance network of students and job seeker community forum to post and discuss queries, questions, seek clarifications pertaining to entrance exams, college or university admissions, government jobs and school and various job opening and opportunities. You agree that You are the owner of all rights, including all intellectual property rights in the User Information that You post/create/upload on the AglaSem Forum. You hereby grant the Company a perpetual, non-revocable, worldwide, royalty-free license to make use of the User Information including the right to copy, distribute, display, reproduce, modify, adapt, the User Information, and create derivate works of as the case may be to be able to offer the services available on the Website and collating non-personal information and providing aggregate level reports as envisaged in the Privacy Policy.

(vi) You may use the Website to take free online mock tests for entrance exams, govt. job recruitment exams, talent search exams and olympiads. You get to analyse your strengths and weaknesses by attempting mock tests for olympiads, entrance exam, govt jobs, and much more. You get to be part of the fastest growing student and career focussed community. Get your queries solved and help peers also by sharing your knowledge

(vii) You get the latest news and updates of exams and jobs. Never miss another date or critical piece of information by staying tuned with AglaSem.

Grant of Rights:

  1. This Website is owned and operated by AglaSem. AglaSem owns all rights, title and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, patent and other proprietary rights in and to the Website the present or future modifications / up gradations thereof and standard enhancements thereto. AglaSem represents that either AglaSem owns all rights, title and interest including all copyright  in the content/information shared on the Website or the said content /information is owned by their respect owners who have licensed the right to AglaSem.
  2. The Company grants the User a limited, non-exclusive, non-sublicensable, non-transferrable, non-assignable license (“License”) to use the Website and the information offered therein in compliance with the Terms. The Terms do not and shall not transfer any ownership or proprietary interest in the Website and/or products or services offered from the Company to You.
  3. You may not (a) use the Website for time-sharing, rental or service bureau purposes; (b) make the Website, in whole or in part, available to any other person, entity or business; (c) modify the contents of the Website or use such content for any commercial purpose, or any public display, performance, sale or rental other than envisaged in the Agreement; (d) modify the Website or combine the Website with any other website and/or software or services not provided or approved by AglaSem.
  4. You will not deliberately use the Website in any way that is unlawful or harms AglaSem, our directors, employees, affiliates, distributors, partners and/or data or content on the Website.
  5. You undertake that Your use of this Website shall be subjected to the following restrictions (a) You will not delete or modify any content on the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify; (b) You will not decompile, reverse engineer, or disassemble the software, sourcecode etc.  in Website, or You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content; (c) You will not use the Website in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion; (d) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the iInternet and (e)You will not host, display, upload, modify, publish, transmit, update or share any information that —belongs to another person and to which the user does not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  6. You will immediately notify Us of any breach or suspected breach of the security of the Website of which You become aware, or any unauthorized use or disclosure of information within or obtained from the Website , and You will take such action to mitigate the breach or suspected breach as We may direct, and will cooperate with Us in investigating and mitigating such breach.

Price:

At this stage the access to the Website and the offerings therein are free. AglaSem, however, reserves its rights to charge a fee for accessing the Website and/or the offerings therein in the future. Disclaimer and Exclusion of Warranties:

  1. THE WEBSITE, AND THE INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE WEBSITE, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, REMOTE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF THE COMPANY HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION, FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS, INTERNET SERVICE PROVIDERS OR THE SYSTEM.
  2. YOU ACKNOWLEDGE THAT OTHER USERS HAVE ACCESS TO THE WEBSITE, AND THE INFORMATION THEREIN. SUCH USERS HAVE COMMITTED TO COMPLY WITH TERMS SET OUT WITH THEM AND OUR POLICIES AND PROCEDURES CONCERNING USE OF THE WEBSITE AND/OR INFORMATION TEHREIN; HOWEVER, THE ACTIONS OF SUCH OTHER USERS ARE BEYOND OUR CONTROL. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR OR RELATING TO ANY IMPAIRMENT OF THE PRIVACY, SECURITY, CONFIDENTIALITY, INTEGRITY, AVAILABILITY, OR RESTRICTED USE OF ANY INFORMATION ON THE WEBSITE RESULTING FROM ANY USERS’ ACTIONS OR FAILURES TO ACT.
  3. WHILE IT IS OUR OBJECTIVE TO MAKE THE WEBSITE AND THE INFORMATION OFFERED THEREIN ACCESSIBLE AT ALL TIMES, THE WEBSITES AND/OR THE INFORMATION OFFERED THEREIN MAY BE UNAVAILABLE FROM TIME TO TIME FOR ANY REASON INCLUDING, WITHOUT LIMITATION, ROUTINE MAINTENANCE, NETWROK FAILURE, SERVER ISSUES. IN ADDITION, VARIOUS PORTIONS OF THE WEBSITE OR THE INFORMATION OFFERED THEREIN MAY OPERATE SLOWLY FROM TIME TO TIME. YOU UNDERSTAND AND ACKNOWLEDGE THAT DUE TO CIRCUMSTANCES BOTH WITHIN AND OUTSIDE OUR CONTROL, ACCESS TO THE WEBSITE AND/OR THE INFORMATION OFFERED THEREIN MAY BE INTERRUPTED, SUSPENDED OR TERMINATED FROM TIME TO TIME. IN PARTICULAR, AND NOT IN LIMITATION OF THE FOREGOING, COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OF BUSINESS OR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND/OR THE INFORMATION OFFERED THEREIN.
  4. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE CONSEQUENCES TO YOU ARISING BECAUSE OF YOUR USE OF THE WEBSITE, OR THE INFORMATION OFFERED THEREIN.

Limitation Of Liability:

IN NO EVENT SHALL THE COMPANY, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE, OR THE INFORMATION OFFERED THEREIN; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE AVAILABLE ON THE WEBSITE AND/OR THE INFORMATION OFFERED THEREIN; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITEBY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER OR (VII) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE ON THE WEBSITE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOTWITHSTANDING THE ABOVE, IN THE EVENT COMPANY SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND COMPANY AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF THE SUBSCRIPTION FEES RECEIVED BY COMPANY FROM YOU IN THE PRECEDING TWELVE MONTHS IN CONNECTION WITH USE OF THE WEBSITE AND THE INFORMATION OFFERED THEREIN. YOU AND COMPANY AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND COMPANY. YOU ACKNOWLEDGE THAT WITHOUT YOUR ASSENT TO THIS SECTION, COMPANY WOULD NOT PROVIDE ACCESS TO THE WEBSITE AND THE INFORMATION OFFERED THEREIN, TO YOU.

Indemnification:

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO THE WEBSITE AND/OR THE INFORMATION OFFERED THEREIN; YOUR VIOLATION OF ANY PROVISION OF THE TERMS, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY OR INFRINGED ANY THIRD PARTY INTELLECTUAL PROPERTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITE. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU FOREVER RELEASE THE COMPANY (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES,  SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR THE INFORMATION OFFERED THEREIN.

Termination /Modification/Suspension:

  1. The Company may at any time, terminate its legal agreement with you if you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms). The Company may also terminate your Account if you fail to pay the Fees as and when applicable.
  2. If you wish to unsubscribe from AglaSem you can send an email to the Company at ______ to unsubscribe. You may terminate this Agreement with the Company by discontinuing use of this Website
  3. We may update or change the Website and/or Information provided therein from time to time and recommend that You review these Terms on a regular basis. You understand and agree that Your continued use of the Website after the Terms have been updated or changed constitutes Your acceptance of the revised Terms.
  4. Notwithstanding anything to the contrary in these Terms, We have the right, on providing notice to You, immediately to terminate, suspend, or amend your use of the Website, without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law; or (c) if performance of any term of these Terms by either Party would cause it to be in violation of law.
  5. Upon termination of your Account, your right to use the Website shall automatically terminate. You acknowledge and agree that your right to use the Website is conditional upon your adherence to the Terms, the continuous activation of your Account, and payment of the Subscription fees as and when applicable. In the event of Termination your Account will be terminated, you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Company system as per Applicable law. Upon Termination, the following shall occur: all licenses granted to you hereunder will immediately terminate. You further acknowledge and agree that Company shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination, Company retains the right to use any data collected from your use of the Website or Impactify Software for internal analysis and archival purposes, and all related licenses you have granted Company hereunder shall remain in effect for the foregoing purpose. You agree to indemnify and hold the Company, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Terms.

Governing Law and Jurisdiction:

The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the courts at Delhi shall have jurisdiction, subject to the Arbitration clause below,

Arbitration:

  1. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or the information to which it gives access, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be New Delhi, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
  2. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.

Copyright Infringement Take Down Procedure:

The Company has high regard for intellectual property and expects the same level of standard to be employed by the Users. Company may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website to Users who infringe upon the intellectual property rights of others. If you believe that your work has been copied, uploaded and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at [email protected]

(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

(ii) 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 at the Website and/or Impactify Software, and information reasonably sufficient to permit Company to locate the material;

(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;

(iv) information reasonably sufficient to permit Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and

(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”

Only the intellectual property rights owner is permitted to report potentially infringing items through Company’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

Other Websites:

AglaSem may contain links to other websites. Please note that when you click on one of these links, you are entering another website/application over which we have no control and will bear no responsibility. Often these websites/applications require you to enter your personal information. We encourage you to read the privacy statements on all such websites/application as their policies may differ from ours. You agree that we shall not be liable for any breach of your privacy of personal information or loss incurred by your use of these websites /application. We are not responsible for the privacy policies and/or terms of use of other sites. This Terms of Use only governs use of the Website.

Events beyond our control

AglaSem shall have no liability to you for any failure to provide access to the Website and/or the offerings or any delay in doing so which is caused by any event or circumstance beyond our reasonable control including, without limitation breakdown of systems or network access, flood, fire, explosion or accident or events deemed to be force majeure.

Amendments

We may vary these terms and conditions. Any variations become effective on posting on the website. By making a purchase through this website after the terms and conditions have been varied you agree to be bound by that variation.

Security

We take reasonable security measures and procedures, and as specified by applicable law, to maintain appropriate physical, technical and administrative security to help prevent loss, misuse, or unauthorized access, disclosure or modification of Personal Information. While we take these reasonable efforts to safeguard your personal information, you acknowledge and agree that no system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for the unauthorized use of your information or for any lost, stolen, compromised passwords, or for any activity on your Account via unauthorized password activity.

Waiver

The failure of AglaSem to exercise or enforce any right or provision of these terms and conditions does not constitute a waiver of such right or provision in that or in any instance.

Severability

If any provision of these terms and conditions are held to be invalid, unlawful void or otherwise unenforceable, then that provision will be deemed severed from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.

Usage

The free version of any product/services can be used by the customer for an undefined extent of time up to and until the customer’s satisfaction and/or termination of the free version availability.

The premium versions of any product/services can be used the customer only after purchase from the company up to and until the period of availability as defined for the product/services which wherever not mentioned can be used for an undefined extent of time.

Refund rules

All payments, if any, made are non-refundable.

Grievance officer:

In accordance with Information Technology Act 2008 and rules made there under, the name and contact details of the Grievance Officer is as follows:

Name: Anand
Email Id: anand[at]aglasem[dot]com

Last updated 01 Nov 2018.

© 2018 AglaSem EduTech Pvt. Ltd. All Rights Reserved