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Conditions of use

Last updated on October 23, 2015

1. General

Givevalu Technology Solutions Private Limited, (herein after referred to as “Eduawake” or “Company”) a company incorporated under the Companies Act, 2013 with its registered office at Flat No. BJ-4, Kimatra Magan Rise Apts, Hulimavu, Bannerghatta Road, Arakere, Bangalore - 560076, Karnataka, India.

All visitors to www.eduawake.com (hereinafter referred to as "Website", “Site”) and the IOS/Android mobile application ‘Eduawake’ (hereinafter referred to as “App” or “Mobile Application” are advised to read and understand the Terms of Service carefully. Moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding in You.

If you do not agree with the Terms of Service of the Website/App, please do not use or access the Website/App. As such your access or use of the Website/App implies your acceptance of the said terms of use, as amended from time to time, and constitutes an agreement between you and the Company (User Agreement).

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. The Terms of Use herein are subject to change from time to time by the Company without notice. It is strongly recommended that you periodically review the Terms of Use as available on the Website/App.

The use of this Website/App by You is solely governed by this policy and any policy so mentioned by terms of reference.

For the purpose of these Terms of Service, wherever the context so requires “You” or “User” refer to the person visiting, accessing, browsing through and/or using the Website/App at any point in time.

The term “We”, “Us”, “Our” shall mean Eduawake/ Website/App. The term “agreement” shall include this Terms of service and the Privacy Policy available on the Website/App.

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.

We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements.  If You continue to use the Website/App following such a change, it is deemed as consented by You to the so amended policies. As long as You comply with these Terms of Service, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website/App.

By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Company Policies, inter alia Privacy Policy, which would be amended from time to time.

2. Services Overview

The Website/App is a platform that facilitates the online sale and purchase of branded merchandise and services (“Services”) offered by Eduawake’s various affiliates/ registered merchants/ vendors/ service providers (“Vendor”). The Services are offered to the Users through various modes which shall include but not be limited to, sale of Vouchers that can be redeemed for various products and services, sale of products etc. The Vendors are the sellers of products and services on the Website/App and will be solely responsible to You for the products sold or for redemption of any Voucher purchased by You through the Website/App. Eduawake makes available of variety of branded products and services at an agreed price to you through the Website/App.

Users can make payments through a secured third-party payment gateway. Users also have the option of creating an E-Wallet on the Website/App/App for quick and convenient check out facility at the time of shopping. Users can add money in their E-Wallet by using such secured third-party payment gateway. For more information about payments, kindly refer to our ‘Payment’ clause.

As part of the registration process on the Website/App, the Company may collect the following personally identifiable information about you: Name - including first and last name, email address and mobile phone number. Registration via social media profiles such as Facebook or Google+ can be done for the Website/App. The information collected as a result of such registration is basic information such as name, location and e-mail. Information collected about you is subject to the Privacy Policy of the Company which is incorporated in these Terms of Use by reference.

3. Eligibility

Services on the Site would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, insolvents etc. are not eligible to use the Site.

However, if you are a minor, i.e. under the age of 18 years, you may use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Eduawake reserves the right to terminate or refuse your registration, or refuse to permit access to the Site, if it is discovered or brought to its notice that you are a minor.

Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false and inaccurate details or the company has a reason to believe that false and inaccurate information has been furnished, we hold the rights to permanently suspend your account.

4. Security

Transactions on the Website/App are secure and protected. Any information entered by the User when transacting on the Website/App is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company/Website/App in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

 5. License and Access

The Company grants you a limited sub-license to access and make personal use of the Website/App, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website/App or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Website/App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company.  You shall not attempt to gain unauthorized access to any portion or feature of the Website/App, or any other systems or networks connected to the Website/App or to any server, computer, network, or to any of the services offered on or through the Website/App, by hacking, ‘password mining’ or any other illegitimate means.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which

1. belongs to another person and to which you do not have any right;

2. 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;

3. harms minors in any way;

4. infringes any patent, trademark, copyright or other proprietary/intellectual property rights;

5. violates any law for the time being in force;

6. deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;

7. impersonates another person;

8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

9. 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; or

10. is misleading or known to be false in any way.

6. Account and Registration Obligations

All users have to register and login for placing orders on the Website/App. The Users are of three types: vendors, end user customers and institutional customers (those customers who buy the products in bulk for further distribution). Vendors must sign an agreement with Us and thereafter, the account will get manually activated. End user customers need to register either via their social media profiles like Facebook or Google Plus, or provide their mobile number and email address for the purpose of registration. Institutional customers can register by giving a subscription amount which shall be decided by Us from time to time. You must keep your account and registration details current and correct for communications related to your purchases from the Website/App. By agreeing to the Terms of Use, the user agrees to receive promotional communication and newsletters from the Company and its partners. The user can opt out from such communication and/or newsletters either by unsubscribing on the Website/App itself, or by contacting the customer services team and placing a request for unsubscribing.

7. Communications

By using this Website/App, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails, from Us at any time with the use of the telephone number and e-mail address that has been provided by you for the use of this Website/App which are subject to the Privacy Policy. This includes contacting you through information received through other parties.  The use of this Website/App is also your consent to receive SMSes from Us at any time we deem fit.  This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish the communications to cease, kindly intimate us of the same via an email at info@eduawake.com.

You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made. Our Privacy Policy will govern the sharing of the information provided by you.

8. Pricing

Eduawake” strives to provide You with the best prices possible on products and services You buy or avail of from the Website/App. The pricing details for purchase of products and services from the Website/App are detailed under the along with the products and services catalogue.

The price mentioned at the time of ordering a product shall be the price charged at the time of delivery. The price of products offered on the Website/App is either equal to or lesser than the Maximum Retail Price ("MRP") i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations shall be mentioned on the products and/or on its packaging in accordance with applicable laws.

The membership of this Website/App is provided free of cost to end user customers and to vendors. Institutional customers have to pay a certain subscription amount which shall be decided by Us and this includes the browsing of the site and the use of the services. However, we reserve the right to amend the charges for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Website/App.

9. Reward Points

A Customer is credited “Reward Points” by activities including but not limited to order refunds, gift vouchers etc.

Reward Points will be associated to the user’s email id. Reward Points cannot be transferred from one account to another. Reward Points can only be used to buy products/deals from “Eduawake”. The expiration of the Reward Points will depend on the activity it is being credited against. “Eduawake” reserves the right to decide/alter/change the expiration period of the activities at any time with or without notice. As a guest user customers will not be eligible for using Reward Points. “Eduawake” reserves the right to extend or terminate the validity of Reward Points associated to any activity. “Eduawake” has no obligation to compensate the customer after the termination/expiration date of the Reward Points.  “Eduawake” reserves the right at any time, without notice, to add/alter/change/or vary any or all of these terms and conditions or to replace, wholly or in part, the Reward Points feature with any other feature, whether similar to this or not, or to withdraw it altogether. The use of the Reward Points by the customer for redemption will be deemed to the acceptance of these Terms and Conditions in addition to the rest of the terms and conditions and that the customers understand and agree to be unconditionally bound by the same. “Eduawake” reserves the right to disqualify any customers from the benefits mention herein above. In case of any fraudulent activity, prosecution will be carried out against the concerned customer.

10. Affiliate Policy

The Eduawake Affiliate Program is a program whereby You advertise/promote the products listed for sale on www.eduawake.com on the Website/App(s) identified by You in the Application ("Affiliate Website/App"). The products listed on www.eduawake.com shall be linked to the Affiliate Website/App and every time a customer clicks on such a link and purchases a product from the Website/App, Eduawake shall pay You a fee ("Fee") as per the Fee Schedule. In order to facilitate the advertisement of products on the Affiliate Website/App, Eduawake may provide You links, images, texts, link formats, data etc. You may seek enrolment in the Program by submitting the Eduawake Affiliate Program Application ("Application"). You agree that the Eduawake in its sole discretion may refuse / reject Your Application without providing any reason. You acknowledge and agree that You will be entitled to receive Fee only in respect of those products which are sold directly through the Affiliate Link and the Affiliate Website/App. Eduawake shall not be obliged to pay You any Fee if you fail to properly format the Affiliate Link in accordance with the instructions and directions of Eduawake. You agree that You shall not be entitled to receive any Fee for sale of any product occurring from an Affiliate Link which is not displayed on an Affiliate Website/App. Eduawake shall pay You Fee on a monthly basis.

Fee shall be payable to You for validated conversions visible on program software. For further details, you may see Our affiliate Policy here.

11. Payment

We use a third-party payment gateway (the “Payment Gateway”) to link your credit card/debit card account to Our Website/App/Application. The processing of payments or credits, as applicable, in connection with your use of Our Website/App will be subject to the terms, conditions and privacy policies of the Payment Gateway and your credit card/debit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor.
The following payment options are accepted:

a) Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
b) Visa & Master Card Debit cards;
c) Netbanking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’.
d) Cash on Delivery for limited products and services.
e) Cheque/Demand Draft/NEFT.

As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company.

The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. To successfully subscribe on the Website/App, the User is required to complete the transaction by making the payment for the services opted for.

12. Cancellation by Company/Customer

a. Cancellation by the Company

There may be certain orders that the Company is unable to accept and must cancel. The Company reserves the right to refuse or cancel any order:

i. if it suspects a customer has undertaken a fraudulent transaction, or
ii. if it suspects a customer has undertaken a transaction which is not in accordance with the Terms of Use; or
iii. in case of unavailability of a product; or
iv. inaccuracies or errors in pricing information; or
v. for any reason outside the control of the Company including causes for delivery related logistical difficulties.

The Website/App may also require additional verifications or information before accepting any order. The Company shall contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If your order is cancelled after your credit card has been charged, the amount which has been charged will be reversed in your credit card account. A promotional code, once used shall not be refunded in case of cancellation of order either by Customer or the Company.

b. Cancellation by Customer

In case of requests for order cancellations, We reserve the right to accept or reject Your request for cancellation of the order for any reason whatsoever. As part of usual business practice, if We receive a cancellation notice and the order has not been processed/approved by Us, We shall cancel the order and refund the entire amount to You within a reasonable period of time. We will not be able to cancel orders that have already been processed. We have the sole discretion to decide whether an order has been processed or not. You agree not to dispute the decision made by Us and accept Our decision regarding the cancellation.

An order cannot be cancelled once the item has been delivered to you.

13. Returns and Refunds

a. Refund

In case, following a purchase, you receive a damaged/defective product or a product that does not comply with the specifications as per your original order, it is required that you get in touch with our customer service team through any of the below mentioned channels:

i. Customer support team at +080-41119528 (Monday – Saturday 9AM-6PM IST except on Holidays).
ii. Fill up the Return Request from Website/App.

Once We receive your complaint, the Company shall verify the authenticity and the nature of the complaint and if the Company is convinced that the complaint is genuine, it shall inform the relevant vendor about such complaint and request for a replacement of the product. The vendor selling the defective product/service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and the Company shall not in any manner be held liable for the same.

However, in the event of unsubstantiated complaints regarding the quality and content of the products, the Company reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by the Company in this regard.

Before accepting the shipment of any product, we request to kindly ensure that the product’s packaging is not damaged or tampered. In case you observe that the package is damaged or tampered, we request you to refuse to accept delivery and inform the Company at the earliest about the same. The return process of the product may be restricted by the Company depending on the nature and category of the product. In order to return any products sold through the Website/App, You are required to comply with the following conditions:

i. Please notify the Website/App of the receipt of a damaged/defective product/service within fourty eight (48)-hours of delivery to you. If You are unable to do so within fourty eight (48)-hours, the Website/App shall not be held liable for the failure to replace the order.
ii. Products should not have been used.
iii. The Company will arrange a pick-up of the damaged/defective product through its own logistics partner. In the event We are unable to arrange the pick-up, We shall notify you regarding the same and You will be required to dispatch the product using a reputed courier in your respective area within 1 (one) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with the Company.
iv. Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.
v. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit.
vi. The returned products are subject to verification and checks by the Company in order to determine the legitimacy of the complaint/return.

In the following circumstances return requests shall not be entertained:

i. Return request is made outside the specified fourty eight (48)-hour time frame.
ii. Product is damaged because of use or Product is not in the same condition as you received it.
iii. Defective products which are covered under the manufacturer’s warranty.
iv. Any consumable item which has been used or installed.
v. Products with tampered or missing serial numbers.
vi. Anything missing from the package you’ve received including price tags, labels, origin nal packing, freebies and accessories.
vii. Made-to-order items.

When the return of a product is duly accepted by the Company, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, will be refunded to You. Refund will be processed based on the mode of payment and the Company or the approved payment gateway will credit your refunds directly into Your debit/credit card or online accounts or provide You with a cheque in this regard. Refunds will be subject to the following:

i. Orders paid online will be refunded within twenty-one (21) working days through the online account or via a cheque, depending on the then current circumstances as determined by the Company.
ii. For Cash on Delivery payments, You will be provided with a refund cheque.
iii. Reward Points, once used shall not be refunded in case of cancellation of order either by customer or the Website/App.

If you have received a mail from us confirming your refund request then it is assured that we have initiated your refund request and are following up with financial organizations for the same.
Sometimes financial organizations take a longer time to process the refund request. However, if the refund hasn't happened by the date we promised, you can contact us at info@eduawake.com.

b. Replacement

If you have received an item in a 'Damaged' or 'Defective' condition, or it is 'Not as Described' by the Seller, you may request a replacement at no extra cost. Return Policy is Seller specific and terms may differ. Replacement is subject to availability of stock with the Seller. If the product is out of stock, you will receive a full refund.

14. Delivery Terms

We offer shipping for all the products on the Website/App as per the company's policy, which may be changed by Us without any notice to you. Octroi charges, wherever applicable, is borne and paid by Us and not to be borne by User.

Each order we receive will be processed within 48 hours, and you will hear from us at every step of the way, that is, when the order is placed, processed, shipped, and delivered. We have partnered with the top courier and logistics partners to assure that you receive your order on time and safely with full courtesy and attention. Actual delivery time shall depend upon various factors including but not limited to availability of the product at the merchant, address where the order needs to be delivered and courier issues. In case there is an unreasonable delay in the delivery of the product, you may cancel Your order.

Sellers generally procure and ship the items within the time. Business days exclude public holidays and Sundays.

In the event, your order is not serviceable by our delivery partners, we would request you to provide us with an alternate shipping address which we expect to have on our partner/merchant's delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Our delivery partners, We will not be responsible for the non-delivery of the product.

In case you book multiple order for the Products and Services in one transaction, We would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics issues. If you purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by you. If you wish to ship Products to different addresses, then you should book the orders separately based on the delivery addresses.

You will be able to make your purchases on our site from anywhere in the world with credit/debit cards issued in India and 21 other countries, but please ensure the delivery address is in India.

Availability of COD depends on the ability of our courier partner servicing your location to accept cash as payment at the time of delivery.

Our courier partners have limits on the cash amount payable on delivery depending on the destination and your order value might have exceeded this limit. Please enter your pin code on the product page to check if COD is available in your location.

15.  User Obligations

You are a restricted user of this Website/App.

a. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/App. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted.

b. You agree not to access (or attempt to access) the Website/App and/or the materials or Services by any means other than through the interface that is provided by the Website/App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App. You acknowledge and agree that by accessing or using the Website/App or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/App. Further, You may report such offensive content.

c. In places where this Website/App allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
ii. Engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the Website/App);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v. Post any file that infringes the copyright, patent or trademark of other legal entities;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another's computer;
vii. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
viii. Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/App, or any other customer of the Website/App, including any Website/App Account not owned by You, to its source, or exploit the Website/App or Service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/App;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, system resources, accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked sites;
x. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
xi. Use the Website/App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/App or other third parties;
xii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiii. Violate any applicable laws or regulations for the time being in force within or outside India;
xiv. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website/App contained herein or elsewhere;
xv. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xvi. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
xvii. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
xviii. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
xix. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.

You shall not engage in advertising to, or in solicitation of, other Users of the Website/App to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website/App or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website/App. It shall be a violation of these Terms of Service to use any information obtained from the Website/App in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any twenty four (24)-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

We have no obligation to monitor the materials posted on the Website/App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APP AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website/App. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

16. Disclaimers Regarding Products

We have made every effort to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.

The Company does not make any representation or warranties in respect of the products available on the Website/App nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products on the Website/App. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

You acknowledge and agree that the Company shall act as your agent for retrieval and delivery of product(s) purchased on the Website/App, and that the Company has no relationship with you other than to provide such retrieval and delivery service. At no time shall the Company have any right, title or interest to any product(s). The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.

17.  Reviews, Feedback and Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.

The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Site will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Site. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.

Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.

18. Copyright and Trademark

The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Site. Access to or use of the Site does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Site are owned by or licensed to the Company. Any use of the Site or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.

You may not modify, distribute or re-post anything on the Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to or use of the Site does not authorize anyone to use any name, logo or mark in any manner. References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.

The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party Website/Apps, you do so entirely at your own risk and expense.

19. Disclaimer of Warranties and Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE WEBSITE/APP, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE/APP IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, EDUAWAKE MAKES NO WARRANTY THAT

A. YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
B. MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
C. ANY ERRORS OR DEFECTS IN THE WEBSITE/APP, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. EDUAWAKE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE/APP IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. EDUAWAKE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. WE USE THIRD-PARTY ADVERTISING COMPANIES TO SERVE ADS WHEN YOU VISIT OUR WEBSITE/APP. THESE COMPANIES MAY USE INFORMATION (NOT INCLUDING YOUR NAME, ADDRESS, EMAIL ADDRESS, OR TELEPHONE NUMBER) ABOUT YOUR VISITS TO THIS AND OTHER WEBSITE/APPS IN ORDER TO PROVIDE ADVERTISEMENTS ABOUT GOODS AND SERVICES OF INTEREST TO YOU.

20.  Indemnification and Limitation of Liability

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/APP INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE/APP, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL EDUAWAKE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE/APP, SERVICES OR MATERIALS.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

21.  Termination

This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website/App or close Your accounts for all of the Services that You use, where “Eduawake” has made this option available to You. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website/App if:

a. You breach any of the provisions of this agreement or the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to comply with the same).
b. The Company is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful).
c. The provision of the Services to You by the Company is, in its opinion, no longer commercially viable.
d. The Company has elected to discontinue, with or without reason, access to the Website/App, the Services (or any part thereof); or
e. The Company may also terminate or suspend all or a portion of Your account or access to the Services with or without reason.

Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include:

a. removal of access to all offerings within the Website/App or with respect to the Services;
b. deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and
c. barring of further use of the Services.

Such termination will be without any liability to the Company. The Company’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Site or affect any liability that may have arisen under the User Agreement prior to the date of termination.

22. Hosting of Third Party Information

The Website/App hosts information provided by third parties. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.

23. Compliance with Laws

All users shall comply with all the applicable laws (including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by the Reserve Bank of India from time to time, Customs Act, Information Technology (Amendment) Act, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of the Government of India) applicable to them respectively for using Payment Facility and the Website/App. 

24. Disputes and Jurisdiction

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism. 

a. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
b. Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore, Karnataka, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Bangalore, Karnataka, India.

25. Privacy

We encourage you to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to photographs) which You provide on the Website/App are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website/App. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.

26. Miscellaneous Provisions

a. Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.

b. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.

c. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.