These terms and conditions (“Terms and Conditions”), are between ‘Futurristic Systech Private Limited’ and you (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website https://edscope.in/ and all associated web pages (“Website”) and/or our application ‘Edscope - Experiential learning (“App”), Website and App together shall be referred to as “Edscope Platform”, you hereby agree to be bound by the provisions of these Terms and Conditions.
The term You, Your/User is inclusive of students, teachers and other potential users of Edscope Platform whether or not they are minors (below the age of 18 years, as defined under Indian Majority Act, 1875) or their natural or legal guardians or otherwise.
The Edscope Platform is owned, registered, operated and managed by Futurristic Systech Private Limited, a company established under Companies Act, 2013. The Company’s registered office is located at 100, Anurag Nagar, Indore, Madhya Pradesh, 452001, (hereinafter referred to as “us” or “we” or “our” or “the Company”).
A. TERMS & CONDITIONS
These Terms and Conditions are updated from time to time and if any User does not agree with such Terms and Conditions, they are requested to not access/use Edscope Platform.
These Terms and Conditions constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
B. TERMS OF SERVICE
The services offered by the Company through the Edscope Platform are listed in detail on the App and Website (“Services”).
- We providing our Users with access to a rich content of online educational information and related resources etc. As a User of our product, You understand and agree that all the Services provided are on the basis of as-it-is and we assume no liability for the completeness or use of, nor any liability to update, the information contained in Edscope Platform.
- Our services are available only to the registered users, for a particular period of time on making the stipulated payment and abiding by the clauses as mentioned in the present Terms and Conditions.
- The said services are personal in nature and cannot be assigned or transferred to or shared with any other person other than the registered users.
- By registering yourself as a user and subscribing to avail the services of the Company it will be deemed that you have read, understood and agreed to fully abide by all the Terms and Conditions as contained herein.
- The right to use the Services of the Company is on revocable license / permission basis as per the Terms and Conditions contained herein. That, except availing of the Services during the license period, the registered users shall not have any right or title over the website or any of its contents
- In order to use the Company’s Edscope Platform, you must obtain access to the World Wide Web, through devices that access our App content, and pay any or such fees associated with such access. In addition, the User is responsible to have the necessary equipment such as including and not limited to a Tablet, Smartphone, Laptop etc. to be able to access World Wide Web.
- The company reserves the right to discontinue any aspect of the Edscope Platform at any time with or without notice at its sole discretion
C. USER OBLIGATIONS/RESTRICTIONS
- In consideration of use of the Edscope Platform and Services, the User and the legal guardians in the case of Minor User is under an obligation/responsible to provide correct, up to date and complete information about themselves, as required by the registration form wherever necessary and maintain and timely update such data to keep it true, accurate, current and complete.
- The User shall be solely liable for circumstances arising out of or a consequence of providing such information that is untrue, inaccurate, not up to date or incomplete. If the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate such User’s account and refuse any and all current or future use of the Services (or any portion thereof).
- Your use of Our Services and/or Edscope Platform is solely for Your personal and non-commercial use. Any use of the App, Website, Services or products or their contents other than for personal purposes is prohibited.
- Your personal and non-commercial use of the Edscope Platform, products and / or our Services shall be subjected to the following restrictions:
- You agree and are hereby put on notice, that you are prohibited from posting or transmitting to the Edscope Platform any content/material that is unlawful, threatening, libelous, defamatory, pornographic or that in any manner violate or infringe the proprietary rights, intellectual property rights or any right or privacy of third party whatsoever and that violate any law, statute, ordinance or regulation, and that contain viruses or other similar harmful or threatening deleterious programming routines.
- The User if found to be violating any of the provisions contained in the Terms and Condition herein, will lead to termination of the rights of such User to use the Edscope Platform and Services.
- The User will not take any action in relation to the Services that infringes any patent, trade mark, copyright, right of publicity or other such right of any other person or entity or violates any law or contractual duty;
- The User will not (a) use the Company’s App and / or the Website and/or any of our product/s or Service/s for commercial purposes of any kind, or (b) advertise or sell the App or any products, Services or domain names 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, or (c) use the App and / or Website/our products and Services in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company.
- The User agrees that it shall not copy, reproduce, sell, publish, enter into a database, display, modify, alter, transmit, license, transfer or in any way exploit any part of any information, content, materials, services available from or through the Edscope Platform, except for its personal and non-commercial use.
- The User agrees that it will not use the Edscope Platform for any purpose that is unlawful or prohibited by these present Terms and Conditions or under the applicable laws.
- The User also agrees that it will not use the Platform in any manner that could damage, disable or impair the Edscope Platform, or interfere with any other party’s use, or enjoyment of the Platform.
- The User agrees that it shall not distribute, share, rent, resell, lease or otherwise disclose or transfer the Services and the Edscope Platform to any third party. The Edscope Platform contains Company's trade secrets, and to protect those trade secrets and Company's interest in the Services and the Edscope Platform generally, the User agrees that it shall not reverse engineer, decompile, translate, or disassemble the Edscope Platform, in whole or in part, nor shall permit any third party to do so, or to copy or distribute the documentation to any third party.
- The User agrees that it shall not probe, scan or test the vulnerability of the Edscope Platform or any network connected to the Edscope Platform, nor breach the security or authentication measures or any network connected thereto.
- The Company shall not be liable to the User for any mistake, error of judgement or loss suffered by the User or any matter or thing done or omitted to be done by the Company or any service provider.
- The User shall be responsible for its data, account, account password and taking reasonable steps to protect and monitor for unauthorized access to its account. If the User believes that its account has been compromised due to a breach of cyber security, or in any other way, the User undertakes to immediately without any delay notify the Company so that appropriate action can be taken. If the Company reasonably believes that User’s account has been compromised due to a breach of cybersecurity, Company reserves the right to take immediate action to protect User’s account and the Edscope Platform.
- You are responsible for configuring your information technology, computer programs and platform in order to access the Website. You should use your own virus protection software.
- In Your usage of the Edscope Platform, you will at all times comply with all applicable laws and regulations.
- The Company reserves the right, in its sole discretion to edit, modify or remove any Content from the Website at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if the Company is concerned that you may have violated the Terms).
- The software that is made available to download the content from the App and/or Website, excluding software that may be made available by end-users through a Communication Service, (Software) is the copyrighted work of the software provider. Your use of the Software is governed by the terms of the end user License Agreement unless you first agree to the License Agreement terms.
D. THIRD PARTY WEBSITES
The Website may contain links to other websites or resources on the Internet, and other websites or resources may contain links to the Website. You acknowledge that the Company is not responsible or liable for the content or any aspect of such third party websites and you use them at your own risk. The fact that the Company provides links to certain third party websites does not in any way constitute endorsement of, or association with such websites by us. Furthermore, You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused by Your use of any such website or resource.
E. INTELLECTUAL PROPERTY RIGHTS
- Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, videos, scripts and audios, contained in the Edscope Platform, Services and products are proprietary property of the Company (“Proprietary Information”). No Proprietary Information shall be copied, downloaded, reproduced, amended, improvised, republished, uploaded, posted, transmitted or distributed in any way whatsoever without obtaining prior written permission from the Company and nothing on this App or Website or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. The User may only own the medium on which the User has the access to the information, content or material as downloaded, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium. Certain contents on the Edscope Platform may belong to third parties, such contents have been reproduced or reframed after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, You recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.
- Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned -Edscope owns all intellectual property rights to and into the trademark “EDSCOPE”. “The mark “EDSCOPE” is the sole property of the Company and any reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from the Company.
- User acknowledges that no title to the intellectual property in the Service or the Edscope Platform is transferred to the User from the Company.
- The Proprietary Information of the Edscope Platform is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of the content is protected by the prevailing and applicable copyright, patent and trademark laws, and various other national and international intellectual property laws and regulations.
- User further acknowledges that all right, title, and interest in and to the Service and the Edscope Platform and any know-how contained therein shall remain as the Company's exclusive property.
- User agrees that it shall not remove any trademark, copyright, or other proprietary notices on or in any portion of the Services and the Edscope Platform as delivered and that the User shall reproduce all such notices on and in all authorized copies. No information, content or material from the Edscope Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Company’s express written permission.
- The Company operates with a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party;
- As part of the Company’s copyright policy, we reserve the right to terminate User access to the Edscope Platform if a User has been determined to be a repeat infringer (A User who has been notified of infringing activity twice or more than that).
F. WARRANTY DISCLAIMER
These Terms and Condition does not in any manner create any relationship whatsoever as between You and the Company, either as a joint venture, partnership, employment, or agency relationship. Performance of Terms and Conditions by the Company is subject to existing laws and legal process in India, and nothing contained in these Terms and Conditions is in derogation of the rights of the Company to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company or information provided to or gathered by the Company with respect to such use.
The User agrees to indemnify, defend and hold harmless the Company including but not limited to its officers, directors, employees, agents, subsidiaries or affiliates from and against all the liabilities (including claims, damages, litigation expenses in defending itself in relation to the foregoing) arising due to:
- Your use of and access of the App/Website/Services;
- Your violation of any term of these Terms or any other policy of the Company;
- Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or
- Any claim that Your use of the App/Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions.
H. DELIVERY POLICY
Digital downloading of the subscribed content by the User, shall be termed as Delivery.
We may at any time cease to continue operating part or all or selectively disable certain aspects of the Edscope Platform. Since the Company is offering non-tangible irrevocable goods we do not issue refunds once the package is subscribed. As a User, You are responsible for understanding that no refund or cancellation is possible upon any subscription at our App/Website.
You may cease using the Edscope Platform at any time provided that you acknowledge and agree that all User Content posted by You prior to such time will continue to be available on and through the Edscope Platform. We may terminate Your use of the Edscope Platform if You violate these Terms and Conditions with or without prior notice to you.
You will not without obtaining prior written consent of the Company, disclose to third party any Confidential Information (as defined below) that is disclosed to You during the term of your use of the Edscope Platform.
For the purpose of this clause ‘Confidential Information’ shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to the Company or Edscope Platform which are not available in the public domain.
You acknowledge and agree that the Confidential Information so provided to you shall at all-time be the property of the Company and any breach of the same shall cause irreparable damage to us.
K. FORCE MAJEURE
The Company shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
L. INFORMATION TECHNOLOGY ACT
M. OTHER LAWS
Certain laws require to maintain data with respect to the Edscope Platform and other personal information in a prescribed format and we will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
In the event of any one or more of the terms or provisions contained in this Terms and Conditions becoming invalid, illegal or unenforceable in any respect under any law for the time being in force, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be prejudiced or affected thereto.
O. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by, construed and enforced under the laws of India and the courts in Indore shall have exclusive jurisdiction for all disputes arising out of or relating to the use of the Edscope Platform/Services or the Company’s products herein.
P. MODIFICATION, AMENDMENT OR TERMINATION
The Company may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued usage of the Edscope Platform post any modification of the Terms and Conditions shall be taken as Your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits
Q. CONSUMER GRIEVANCE
We continuously strive to ensure that our users are provided with best services, however there may arise unlikely events that the User may face. In case of any complaints/grievance please feel free to contact at: email@example.com