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Terms of Service

Effective: December 18, 2013

Welcome to eclonline.com ! 

eclonline.com is owned and operated by Educareer Learnings Private Limited, New Delhi (‘us’, ‘we’ or the ‘Company’).  We provide a host of services (‘Services’) through our domain name eclonline.com and various sub-domains associated with it (collectively, ‘Site’ or ‘Eclonline’).

Acceptance of Terms

By accessing services provided by or otherwise using the Site, or other third party media site or application used to access the Site you (the ‘User’), signify that you have read, understood and agree to be legally and morally bound by these terms and conditions (‘Terms of Service’, ‘Agreement’), whether or not you are a registered member of Eclonline or have accepted permissions through facebook.com or other third party sites to access and use the services provided by Eclonline.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice.  Your continued use of the Service, or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to check the Site regularly to determine if there have been changes to these Terms of Service and to review such changes.

We continuously strive to improve our Services.  Unless explicitly stated otherwise, any new features that augment or enhance the current Service or Site, including release of new tools and resources, shall be subject to the Terms of Service.

Eligibility

Membership in the Service is void where prohibited.  To be eligible to use the Service or the Site, you warrant that you: 1. are above the age of 18.  If not, your parent or guardian has read the Terms of Service and agreed to it with and for you. 2. have full power and authority to enter into this Agreement; 3. do not violate any other agreement to which you are a party by using services provided by us; 4.agree to provide at your cost all equipment, software and internet access necessary to use the Services and or the Site; 5.are not a competitor of the Company and or are not using the Site for reasons that are in competition with the Company; 6.will maintain only one account at any given time.

Proprietary Rights

You acknowledge and agree that all content on the Site, and available through the Service, including text, graphics, pictures, designs, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Content”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, adapt, edit, create derivative works from, copy, distribute, frame, reproduce, republish, download, display, publicly perform, post, transmit, license or sell any Site Content in any form or by any means, in whole or in part, without the Company’s prior written permission.

You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Additionally, you understand that you may have to agree to additional terms and conditions before you use such Software or third party Content.

Description of Service

Provided that you are eligible for use of the Site and its Content, you are granted a limited license to access and use the Site and the Content to which you have properly gained access solely for your personal, non-commercial use (except for any advertising programs offered by us), provided that you keep all copyright or other proprietary notices intact.  The limited license granted above is subject to these Terms of Service and does not include use of any data mining, robots or similar data gathering or extraction methods (including “deep-link,” “page-scrape,” “spider,” or other automatic device, program, or algorithm).  Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The limited license granted herein is revocable at any time without notice and with or without cause.

Registration

In order to use the Service, you may have to register yourself with us. To be a Registered User and to have your own Profile, you agree to 1. provide Eclonline with true, accurate, current and complete information about you as may be prompted by any registration forms on the Site and promptly update such information to keep it accurate, current and complete . 2. be responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. 3. Use your account individually and not share it with others; 4. immediately notify us in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you log out of your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above; 5. acknowledge that we reserve the right to remove or reclaim the username of your account if we believe it appropriate; 6. If we disable your account, you will not create another one without our permission; 6. Acknowledge that Eclonline reserves the right to delete accounts that are inactive for a period of more than 6 months.

Data Security

The intent of Eclonline is to strictly safeguard the security of your personal information; honor your choice for its intended use; and carefully protect your data from loss, misuse, unauthorized access, disclosure, alteration, or destruction. However, you understand and agree that Eclonline assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Neither are we responsible for the malfunction of the internet connection or the computer you are using, nor when you approach or are guided to third party gateways for payment, Eclonline cannot be liable for the information provided by you (credit card number, debit card information, bank account detail or any personal information) to the third party.  You understand and agree that the Service is provided "AS-IS" and that you use this Site at your own risk.

Third Party Sites

The Site may contain (or the Site or Service may provide) links to other websites ("Third Party Sites") as well as to articles, photographs, text, graphics, pictures, designs, presentations, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites or Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. Eclonline is not responsible for the privacy practices or the content of such websites. Eclonline will not and cannot censor or edit the content of any third-party site. You understand and agree that by affording use of the Site, Eclonline does not become liable for any loss or damage that you may incur by approaching such external site or resource, or by relying on the completeness, accuracy or existence of any advertising, product or material available on or from, such website or resource. Hence, you are advised to verify the contents at your own before acting thereon.

Use of Paid Services

Eclonline.com provides various paid services from time to time. If you subscribe to any of these services, you agree to/understand that 1. pay applicable fees plus applicable taxes as they become due; 2. pay any fines applicable on late payments; 3.All purchases and payments are non refundable fully or partially and no credits would be provided for unused purchases; 4. not share any portion of paid services with anybody in any form; 5. not to translate, modify, revise or create derivative works based on the information and data provided; 6. We reserve the right to modify prices and duration of access of any service or product at any time; 7. Authorize us to charge you the applicable charges as and when they become due.

Sharing Your Information

All information, voice recording, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. Eclonline is entirely not responsible for all Content that the Registered Users upload, post, email, transmit or otherwise make available via the Service. Eclonline does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Eclonline be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service. You acknowledge that Eclonline does not monitor the User Content, but that Eclonline shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any User Content that is available via the Service that violates the Terms of Service or is otherwise objectionable in Eclonline's sole discretion. Eclonline does not claim ownership of the User Content you place on the Site. By providing information to us or by submitting any content on our website, you warrant that it is your own accurate and updated information that does not violate any third party rights.  In addition, you grant us a non-exclusive, unlimited, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use  and commercialize in any way now known or in the future discovered, any information or content submitted on the Site by you, without any further consent, notice  and/or compensation to you or any third parties.  You acknowledge that your submission of any information to us is voluntary on your part.

User to User Interactions

Eclonline.com may offer forums enabling sharing of information and content with other users. You warrant that you will 1. not post any information that you wish to keep confidential; 2. post information, comments, observations, links to articles, etc in appropriate sections defined and available in the Forums; 3.If you have subscribed to any of our courses, you will not post any information related to classes in the forum available to unregistered members; 4.  mark your grievances only to Admin; 5.  not post any content that is hateful, threatening or discriminatory; 6.  not promote services of any competitor of ECL; 7.  not carry out any marketing activities without prior permission; 8.  not use any automated means to post comments or download content; 9.  not share any unlawful, abusive or pornographic content or send any spams; 10.  not upload any content that violates copyright or other applicable laws; 11.  not share your contact information with other users apart from Faculty and Admin; 12.  not upload any malicious code; 13.   not do anything that could impair proper functioning of the website in any manner; 14.   not ask for personal contact information, login details, identification documents from other users;  15.   not use eclonline.com for any unlawful activity; 16. You understand that you are solely responsible for your interactions with other Users; 17. You understand that we do not have any obligation to monitor user to user disputes. Though, we reserve the right to take any action, in our sole discretion, that may be required to enforce this Agreement.

Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates, directors, agents and employees from and against all damages and costs related to all third party claims and investigations caused by 1. your violation of any term of this Agreement; 2. any content you submit to us and 3. any activity in which you engage on or through Eclonline

Governing Law

The Agreement and Privacy Policy will be governed by and construed in accordance with the laws of India. The courts in New Delhi shall have sole and exclusive jurisdiction in respect of all matters arising herein.

 

Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of  eclonline.com.

Limitation on Liability

You agree to access and use this Site and other links and content provided herein at your own risk.  We do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, data or process disclosed on this website or other materials accessible from this website.  You assume all responsibility and risk for the use of this website.  Eclonline does not assume any responsibility for any improvement in your learning and performance in exams.   eclonline.com is not responsible for any damage, direct or indirect loss of data, or other harm to business arising out of delays, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the Service, or other interaction with the Service.  eclonline.com is not responsible for any material downloaded or otherwise obtained through the use of the Service, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You expressly understand and agree that  eclonline.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if  eclonline.com has been advised of the possibility of such damages), resulting from any matter relating to the Service. In the event that you have a dispute with another user related to, arising from, or any way connected with use of the Site, you release  eclonline.com from claims, demands and damages of every kind and nature arising out of or in any way connected with such dispute. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages,  eclonline.com’s liability in such jurisdictions shall be limited always to the extent permitted by law.

Notify us of your actions against this Agreement

If you believe that you are obligated to an action against this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

Waiver and Severability of Terms.

The failure of  eclonline.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

CONTACT

Please contact us for any question you might have or report any violations of the Terms of Service under contact[@]Eclonline.com.