TERMS OF USE

1. M/s. Kannectify, the rightful owner of the brand ‘Examride’, (hereinafter collectively referred to as ‘Kannectify’, ‘Examride’, ‘Firm’, ‘We’, ‘Us’, or ‘Our’) provides online e-learning portal. This portal – including all of its facilities/functionalities/services shall be accessible –
   • a. At www.examride.com, and/or its sub-domains, and/or any other websites acknowledged by the Kannectify – now known or to be specified later (hereinafter collectively referred to as ‘Website’ or ‘Site’). Or –
   • b. Through applications for Personal Computers (PCs), mobiles or other smart devices (hereinafter collectively referred to as ‘Applications’ or ‘Apps’).
   Therefore, this portal including the website(s), and/or apps, and/or any of its services (now known or to be specified later) shall be hereinafter collectively referred to as ‘Platform’, or ‘Services’.
2. The Firm provide this platform to its ‘User’ (hereinafter collectively referred to as, ‘You’ or ‘Your’) seeking to ‘Utilize’ this platform.
3. In addition to other words and expressions that may be defined elsewhere in these Terms of Use, unless the context otherwise requires, the following terms wherever used in this document shall have the meanings as ascribed hereunder –
   • a. ‘User’ refers to –
     • i. Persons who are ‘competent/capable’ of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to utilize this platform. Persons who are minors, un-discharged insolvents etc. are not eligible to utilize this platform at his/her own, in such event, it is assumed that he/she has obtained the consent of the legal guardian or parents.
     • ii. The users of this platform, are persons of following kinds –
       1. Administrator or designated person of an institute
       2. Teacher of a registered institute
       3. Students of a registered or any un-registered institutes
       4. Another other person as defined above
   • b. ‘Utilize’ refers to Use and/or Access and/or Browse and/or Explore the platform with or without registration, and/or with or without payment, and/or with or without subscription. This also hereinafter collectively referred to as ‘Utilization’, ‘Utilizing’.
   • c. ‘Contents’ refers to the e-learning materials uploaded/submitted by the users (and/or by the Firm) in form of – texts, graphics, videos, photos, files (in any kind of format and/or restricted kind of format), URLs to the third-party websites, or any other kind of information (now known or to be specified later).
   • d. ‘Domain Names’ collectively refers to our primary web URL www.examride.com, other associated domain names examride.co.in, examride.in, examride.org, examrides.com and any other sub-domain names of these domain names.
   • e. ‘Identity Information’ collectively refers to the name of the Firm, logo of the firm, name & logo of the brand ‘Examride’, domain names
4. The Firm will not be responsible for any consequence that arises as a result of misuse of this platform that may occur by any of its users (or any other person) including a minor’s utilization this platform. By utilizing this platform, the person warrant that all the data provided by him/her is accurate and complete and he/she has obtained the consent of parent/legal guardian (in case of minors, incompetent or incapable). The Firm reserves the right to terminate a user’s registration/subscription and/or refuse to provide utilization right to the this platform if it is discovered that he/she is under the age of 18 (eighteen) years (or incompetent or incapable by other means) and the consent to utilize this platform is not made by her/her parent/legal guardian or any information provided by him/her is inaccurate.
5. The Firm does not have the responsibility to ensure that the user conform to the aforesaid eligibility criteria. It shall be user’s sole responsibility to ensure that he/she meet the required qualification. Any persons under the age of 18 (eighteen) years should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on this platform.
6. The Terms of Use, along with the Privacy Policy, and any of other guidelines of Examride made applicable to this platform from time to time, constitute the entire agreement between the Firm and you with respect to your utilization of this platform. Your utilization of this platform through any means shall signify your acceptance to this agreement (including all future revisions, amendments, additions, abolitions of any or all clauses), and your agreement shall be legally bound by the same.
7. The Firm has the right to revise or amend or add or abolish any of all clauses of this Terms of Use, along with the Privacy Policy, and any of other guidelines of Examride made applicable to this platform from time to time without prior notice to you.
8. Please read this Terms of Use, along with the Privacy Policy, and any of other guidelines of Examride made applicable to this platform, carefully before utilize this platform.
9. If you do not agree with this Terms of Use, along with the Privacy Policy, and any of other guidelines of Examride, please do not utilize this platform.
10. You acknowledge that, the Firm provides this Terms of Use, along with the Privacy Policy, and any of other guidelines of Examride made applicable to this platform; so that you are aware of all terms and conditions that apply to utilization of this platform.
11. The Firm provides this Platform in Trial Mode, that means it may contain faults, malfunctions and/or anomalies. Therefore, the Firm hereby disclaims all liabilities, responsibilities and warranties with regard to this platform. The Firm shall not be liable for any damages arising out of or in connection with the utilization or performance of this platform.
12. The Firm allows users to utilize this platform without paying any price in terms of registration fees, subscription fees or any other fees and/or charges. However, this facility shall be available up to 31st December, 2020. Thereafter, this platform will not be free of cost to utilize. Pricing and its scope of applicability shall be specified later.
13. You further acknowledge that –
    • a. It is your sole responsibility to ensure that the account information provided by you is accurate, complete and latest.
    • b. You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under your account. You also agree to –
      • i. Ensure that you will successfully log out from your account at the end of each session
      • ii. If there is reason to believe that there is likely to be a breach of security or misuse of your account, you will change the password or we may suspend your account without any liability to the Firm, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from your failure to comply with this provision.
      • iii. Your ability to utilize this platform, is dependent upon external factors such as internet service providers and internet network availability and the Firm cannot guarantee accessibility to this platform at all times. In addition to the terms/conditions set forth in the Terms of Use, along with the Privacy Policy, and any of other guidelines of Examride, the Firm shall not be liable to you for any damages arising from your inability to utilize this platform at any point of time.
14. Your utilization of this platform is solely for your personal and institutional purpose. Any utilization (or use by any other way) of this platform or its contents other than for personal or institutional purposes is prohibited. Your personal or institutional utilization of this platform shall be subjected to the following restrictions –
    • a. You may not decompile, reverse engineer, or disassemble the contents of this platform; and/or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from this platform; or remove any copyright, trademark registration, or other proprietary notices from the contents of this platform.
    • b. You will not –
      • i. Utilize this platform for commercial purposes of any kind
      • ii. Advertise or sell this platform and/or Firm’s identity information or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind
      • iii. Utilize this platform and/or Firm’s identity information in any way that is unlawful, or harmful to the Firm and/or brand Examride or any other person or entity as determined by the Firm.
    • c. No user shall be permitted to perform any of the following prohibited activities while utilize this platform:
      • i. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
      • ii. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
      • iii. Transmitting material that encourages anyone to commit a criminal/unlawful offence, that results in civil or criminal liability or otherwise breaches any relevant laws, regulations or code of practice;
      • iv. Interfering with any other person’s utilization or benefits of/from this platform;
      • v. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
      • vi. Make available any content or material that you do not have a right to make available under any law or contractual or fiduciary relationship, unless you own or control the rights thereto or have received all necessary consents for such use of the content;
      • vii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      • viii. Post, transmit, upload or make available any contents that contains viruses, trojan horses, worms, spyware, adware, time bombs, robots, cancelbots, or other computer programming routines, code, files or such other programs that may harm the this platform, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other users with/without their consent;
      • ix. Utilization of this platform in any manner that could damage, disable, overburden or impair any of the platform’s servers or the networks connected to any of the servers on which this platform is/are hosted and/or transmitted.
      • x. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of this platform, violate any requirements, procedures, policies or regulations of networks connected to this platform, or engage in any activity prohibited by these Terms of Use, along with the Privacy Policy, and any of other guidelines of Examride;
      • xi. Disrupt or interfere with the security of, or otherwise cause harm to, this platform, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through this, and/or any affiliated or linked sites;
      • xii. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to interrupt traffic this platform, to access, acquire, copy or monitor any portion of this platform, or in any way reproduce or circumvent the navigational structure or presentation of this platform, and/or any of its contents, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through this platform;
      • xiii. Utilize this platform for purposes that are not permitted by –
        1. These Terms of Use, along with the Privacy Policy, and any of other guidelines of Examride.
        2. Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction;
15. By submitting/uploading contents to this platform, you grant the Firm a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such contents in any and all media or distribution methods (now known or later developed) and to associate your contents with you, except as described below. You agree that others may use your contents in the same way as any other content available through this platform. Other users of this platform may fork, tweak and repurpose your contents in accordance with these Terms of Use, along with the Privacy Policy, and any of other guidelines of Examride. If you delete your user account your contents and name may remain available through this platform.
16. In the preparation of this platform and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Firm disclaim any responsibility for any errors and accuracy of the information that may be contained in this platform. Any feedback from users is most welcome to make this platform and its contents thereof error free and user friendly. The Firm also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Firm nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and contents found or offered on this platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
17. This platform provides users to utilize compiled educational information and related sources. Such information is provided on an As Is basis and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. The Firm shall not be liable to update or ensure continuity of such information contained on the platform. The Firm would not be responsible for any errors, which might appear in such information, which is compiled from users and/or third-party sources or for any unavailability of such information. From time-to-time this platform may also include links to other websites. These links are provided for your convenience to provide further information. This do not signify that the Firm endorse those website(s). It has no responsibility for the content of the linked website(s).
18. The contents of this platform, are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The utilization of this platform is not endorsed as a substitution to the curriculum-based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The Firm acknowledge that there are various means of delivering structured curriculum pedagogy and inclusion of methods in this platform does not imply endorsement of any particular method nor exclusion imply disapproval. Utilization of this platform, does not in any manner ensure and/or guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
19. Certain contents in this platform may contain opinions and views. The Firm shall not be responsible for such opinions or any claims resulting from them. Further, the Firm make no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
20. Some parts of this platform are interactive, and the Firm encourage contributions by users, which may not be subject to editorial control prior to being posted publicly. Therefore, the Firm accepts no responsibility or liability for any material communicated by third-parties in this way. The Firm reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, the Firm will not be responsible or liable for any content uploaded by users directly on the platform. The Firm would not be responsible to verify whether such contents placed by any user contain infringing materials or not.
21. The Firm may, contact the user through mails, phone call, SMS, email, or other communication medium, to give information about its services as well as notifications on various important updates and/or to seek permission for demonstration of its platform. You expressly grant such permission to contact you through mails, phone call, SMS, email, or other communication medium; and holds the Firm indemnified against any liabilities including financial penalties, damages, expenses in case your mobile number is registered with Do Not Call (DNC) database. By registering yourself in our platform , you agree to make your contact details available to our partners, officers, employees, associates and partnering / out-sourced agencies so that you may be contacted for intimation and promotions through phone call, SMS, email, or other communication medium.
22. While the Firm has made efforts to train the personnel engaged in the sales and services relating to its platform to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from user or any other person relating to the same is most welcome, but the Firm reserves the right and discretion to take any action in this regard.
23. Access to certain elements of the platform may be subject to separate terms, conditions and fair usage policy. The Firm reserves the right to determine the criteria for provision of various elements of the platform to the different categories of users based on its policies. Hence, utilization of this platform does not automatically entitle the user to any and all elements of platform provided by the Firm, and the Firm shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of platform. Furthermore, the Firm reserve the right to extend, cancel, discontinue, prematurely withdraw and/or modify any of element our platform in full or part at its own discretion.
24. The Firm may conduct promotion/demonstration/trials from time to time and you agree to allow the Firm to use the contents submitted by you including but not limited to texts, graphics, videos, photos, files (in any kind of format and/or restricted kind of format), URLs to the third-party websites, or any other kind of information (now known or to be specified later), for those purposes. All rights will be reserved by the Firm for usage of such submissions by you. You additionally permit the Firm to use every kind of information submitted by you for promotional campaigns as it so pleases and you will cease to have any rights on the same once your submissions are made to this platform.
25. This platform including its contents, may not be compatible with certain devices and/or hardware and/or operating system and/or internet navigation browsers and/or any of other tools. The Firm shall not be obligated to ensure the compatibility and/or workability of this platform including its contents across all available devices and/or hardware and/or operating system and/or internet navigation browsers and/or any of other tools.
26. The Firm shall have no responsibility for any loss or damage caused to Personal Computers (PCs.), mobiles, tablets or any other hardware, software, instrument including loss of data or impact on the processing speed, resulting from your utilization of this platform.
27. You agree to defend, indemnify and hold harmless the Firm, its partners, officers, employees, associates and partnered entities from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, expenses and lawsuits arising from –
    • a. Your utilization of this platform;
    • b. Your violation of any term of these Terms or any other policy of the Firm;
    • c. Your violation of any third-party right, including without limitation, any copyright, property, or privacy right;
    • d. Any claim that your utilization of this platform, has caused damage to a third-party.
28. In no event shall the Firm, its partners, officers, employees, associates and partnered entities be liable to you or any third-party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, your utilization of this platform.
29. In the event of your breach of these Terms of Use, along with the Privacy Policy, and any of other guidelines of Examride, you agree that the Firm will be irreparably harmed and may not have an adequate remedy in money or damages. The Firm therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Firm’s right to obtain such relief shall not limit its right to obtain other remedies.
30. Any violation by you of the terms of this document may result in immediate suspension or termination of your registration apart from any legal remedy that the Firm can avail. In such instances, the Firm may also disclose your personal and account information if required by any Government, Legal and/or Law & Enforcement authority. You understand that the violation of these terms could also result in civil or criminal liability under applicable laws.
31. The Firm has the right to change modify, suspend, or discontinue and/or eliminate any element, aspect, features or functionality of this platform as it deems fit at any time without notice. The Firm makes no commitment, express or implied, to maintain or continue any element, aspect, features or functionality of this platform. You agree that the Firm shall not be liable to you or any third-party for any modification, suspension or discontinuance of this platform.
32. In any circumstances, whether stated in this Terms of Use, along with the Privacy Policy, and any of other guidelines of Examride, or not, you will have no right to file any lawsuits to any Court, Tribunal, Government, Legal and/or Law & Enforcement authority – against the Firm and/or its partners, officers, employees, associates and partnered entities
33. You further acknowledge these general provisions –
    • a. All notices served by the Firm shall be provided via email to your account or as a general notification on the platform. Any communication to be made to the Firm should be emailed to support[at]examride[dot]com.
    • b. You cannot assign or otherwise transfer your obligations under this Terms of Use, along with the Privacy Policy, and any of other guidelines of Examride, or any right granted hereunder to any third-party. The Firm’s rights under the Terms of Use, along with the Privacy Policy, and any of other guidelines of Examride are freely transferable by the Firm to any third-parties without the requirement of seeking your consent.
    • c. Any failure by the Firm to enforce or exercise any provision of the Terms of Use, along with the Privacy Policy, and any of other guidelines of Examride, or any related right, shall not constitute a waiver by the Firm of that provision or right.
    • d. You acknowledge that your utilization of this platform, does not make you an employee or agent/agency or partner or joint venture or franchisee of the Firm.
    • e. You also acknowledge that – the Firm has given you a reasonable opportunity to review these terms and that you have agreed to them.
34. Any feedback you provide with respect to this platform shall be deemed to be non-confidential. The Firm shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that –
    • a. Your feedback does not contain confidential or proprietary information of you or of third-parties;
    • b. The Firm is not under any obligation of confidentiality, express or implied, with respect to the feedback;
    • c. You are not entitled to any compensation or reimbursement of any kind from the Firm for the feedback under any circumstances.
35. THIS THIS PLATFORM IS PROVIDED ON AN ‘AS IS’ BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE KANNECTIFY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS PLATFORM, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE KANNECTIFY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR UTILIZATION OR PERFORMANCE OF THIS PLATFORM. YOUR USE OF ANY INFORMATION OR CONTENTS ON THIS PLATFORM IS ENTIRELY AT YOUR OWN RISK, FOR WHICH KANNECTIFY SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.

Version 1.0

01-Aug-2020