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TERMS & CONDITIONS FOR USE OF WEBSITE

AspireBuzz introducing "Simulation Based Learning"

Introduction

Welcome to our website owned and operated by BASANI SOFT PRIVATE LIMITED (We or Us or Aspriebuzz), having their registered office at 163 Indu Fortune Fields, KPHB 13th Phase, Hyderabad 500 085. Please read the Terms and Conditions carefully, as they constitute a binding contract between both the parties and accept the same on understanding them thoroughly.

By entering into this Website, subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. In the event the Terms conflict with any other document / policy / content on our Website, the Terms will prevail over them, for the purposes of usage of the Website.

Amendments

The Terms & Conditions set out in this Website may be altered / amended from time to time depending on the policies framed by us and any Amendment to any compliances of requisite Enactments applicable to us. If you do not agree to be bound by the Terms and the Privacy Policy, you may not use our Website in any way and should exit immediately.

Eligibility to Use

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. A minor can transact on our Website, through legal guardian or parents. We will not be responsible for any consequence that arises as a result of misuse of any kind of the Website that may occur by virtue of any person including a minor using the services provided through the Website. We reserves the right to terminate your subscription and / or refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.

Account and Registration Obligations

In consideration of your use of our Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by our Websites registration form or any information provided by you by other means of communication. Were we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof). You undertake to indemnify and keep indemnified us for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.

Transfer of Account

You are prohibited from selling, trading, or otherwise transferring your account to another party. We own no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to us or payments made by any of the payment methods by any third party.

International access

We make no representation that any products or services referred to in the materials on this web are appropriate for use outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.

Terms for posting Content

If you are a user that provides Content for free or at a Cost, then you shall be termed as a Tutor. The Tutor agree to abide and covenant the following additional terms and conditions:

a. All content submitted by You will be subject to the Companys approval, which We may grant or deny at our sole discretion;
b. If You Choose to charge fees for Your Content then you will have to agree to the Pricing terms www.aspirebuzz.com/pricing-terms;
c. You will be responsible for all of Your Submitted Content, that You own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize the Company, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of Your Submitted Content on and through the Products in the manner contemplated by these this Agreement, and that no Submitted Content shall infringe or misappropriate any intellectual property right of a third party; You are very clear about the accuracy and effectiveness of your content.
d. You hereby grant the Company a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Products, and sublicense it to Instructors and Users for these purposes directly or through third parties. Notwithstanding the foregoing, You have the right to remove all or any portion of Your Submitted Content from the Site at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users
e. You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on and through the Site and the Products; You will not engage in any activity that will require Company to obtain any licenses from or pay any royalties to any third party; You will not copy, modify or distribute Company Content except as permitted in this Agreement;
f. You will not interfere with or otherwise prevent others from providing or uploading their Content;
g. You will maintain Your account information, and all such account information shall be accurate;
h. You shall respond promptly to Users seeking Your services and ensure a quality of service commensurate with the standards of Your industry and tutoring services in general;
i. You are over the age of 18 or, if not, you are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these Terms and the Tutor Terms and will assume responsibility and liability for Your performance and compliance hereunder.

To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.

Terms for accessing Content

If You are a User in search of Content provided in the Website, then you are a Student and the following additional terms and conditions apply, and You represent, warrant and covenant that:

a. You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for the Content;
b. You are over the age of 18, or, if not, You will only use the Products with the involvement, supervision, and approval or a parent or legal guardian. Children under the age of 13 may not register for an account or register or purchase Courses.
c. You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Company Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant Tutor as applicable;
d. You will not disclose any personal information to a Tutor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
e. You will not solicit personal information from any Tutor or other User By placing an order you are offering to purchase a content on our Website and subject to the following terms and conditions.

In order to contract with AspireBuzz you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. [Your Online Store URL] retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the content you have purchased.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Credit Card/Debit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on our Website will be correct and accurate and you shall not use the credit card/debit card which is not lawfully owned by you, i.e. in a transaction, you must use your own card/account. You further agree and undertake to provide the correct and valid credit card details when making payment on our Website. We do not store any information related to your Credit card/ Debit card or net banking. In case we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back. We shall not be liable in any event, for any credit card fraud that occurs to you. The liability for use of a card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you.

Fraudulent /Declined Transactions

Our payment partners (being the Payment Gateways and facilitators and Banks) and our fraud detection team constantly monitors your account in order to avoid fraudulent accounts and transactions. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such user account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

Refunds

In the event you are not satisfied with the lessons / content purchased by you, you can seek refund of the amount paid by you within 7 days of your purchase or you have not exceeded viewing / reading / listening to the purchased course or services provided, has not exceeded 10% of the total duration or 10% of the content / lesson or the purchased service - whichever occurs earlier. The user hereby acknowledges that the refund of payment is made after deducting processing charges charged by respective payment gateway party, subject to a maximum of 5% of the value of the course fees received by us. Refunds are made to the same account from where the amount has been received by us. All Refunds are processed within 20 days of receiving the request. No refunds are possible for the test services either partially or fully.

Electronic Communications

When you visit our website or send email(s) to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or SMS. . You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements.

SMS Communication

On registering in our website, you agree that we may use your registered mobile number on the Website to send Transaction related SMS to you. You also grant us permission that we may send you any Transaction related SMS irrespective of having DND services activated on your mobile.

Services provided by third parties

The user hereby agrees and understands that the services provided by us also include such exclusive third party services. The user admits that the use of such third party services shall be the sole responsibility of the user and the user shall ensure that he/she maintains such telecommunications and internet services necessary for availing such services along with such required software and hardware devices, at the sole cost of the user. The user hereby agrees and acknowledges we shall not be liable for any loss, data corruption, bad signals, communication difficulties or any other damage of loss of any kind arising out of the user availing such third party services.

Abuse or Misuse of the Website

The user hereby agrees that the user shall neither by itself nor be part of any kind of abuse or misuse of the Website in any manner whatsoever. By availing to the video tutorial sessions available on the Website, the user agrees that, apart from not sharing any kind of personal information of any kind with the other party, the user shall also ensure that he/she shall not inter-alia share, display, convey, transmit or portray abusive content of any kind in any manner whatsoever. Likewise, in the event the user feels that there is any kind of abusive content or such other information shared / displayed by the other party, the user shall immediately report the same to us at info@aspirebuzz.com.

In the event we have reasons to believe that the user is inter-alia sharing, displaying, conveying, transmitting or portraying abusive content of any kind of the user has been part of such transmission, we have the absolute right to terminate the account and the services availed by the user without providing any reason whatsoever, apart from other measures. Similarly, the user hereby also agrees that he/she shall not inter-alia share, display or transmit any copyrighted material which he/she is not permitted to do in the course of the facilities availed of the Website. The user shall be entitled to share only such materials which have an open source code and that they have specifically permitted the user to share. In the event the user shares any of the copyrighted materials to the other party without the prior written consent of us, the user shall be liable for such actions taken against it by us and any aggrieved third party for violations of the intellectual property rights of such parties.

You Agree and Confirm

1. That you shall use the services provided by us, for lawful purposes only and shall comply with all applicable laws and regulations while using the Website and transacting on the Website.
2. You shall provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found to be false (wholly or partly), we have the right and the sole discretion to reject the registration and debar you from using the services of our Website and / or other affiliated websites without prior intimation whatsoever.
3. That you shall access the services available on this Website and transact at your sole risk and shall use your best and prudent judgment before entering into any transaction through this Website.
4. That neither you nor the tutor shall share their respective personal details including any kind of contact information with each other. In the event the user becomes aware of any such information, the user shall intimate Aspirebuzz on the same at the earliest.

You agree and confirm that you shall not use our Website for any of the following purposes:

1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Using, displaying, mirroring or framing the Site, or any individual element within the Site or services, Aspirebuzz name, any Aspirebuzz trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Aspirebuzz express written consent.
5. Interfering with any other persons use or enjoyment of the Site.
6. Breaching any applicable laws, rules or regulations.
7. Interfering or disrupting networks or web sites connected to the Site.
8. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner.
9. Collecting or storing any personally identifiable information from the Site or services from other users of the Site or services without their express permission.
10. Impersonating or misrepresenting your affiliation with any person or entity.
11. Violating any applicable law or regulation.
12. Encouraging or enabling any other individual to do any of the foregoing.
13. Any other activity as prohibited under the Indian Laws amended from time to time.

Modification of Terms & Conditions of Service

We may at any time modify the Terms of our Website without any prior notification to you. Should you wish to terminate your account due to a modification to the Terms or the Privacy Policy, you may do so email us at info@aspirebuzz.com. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms of this Website.

Governing Law and Jurisdiction

These Terms shall be construed in accord with the applicable laws of India. The Courts at Hyderabad shall have exclusive jurisdiction in any proceedings arising out of these Terms. In the event of any dispute or difference either in interpretation or otherwise, of any terms of these Terms of Use, the same shall be referred to an independent arbitrator who will be appointed by us and such Arbitrators decision shall be final and binding on you. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended time to time. The arbitration shall be conducted in English language and shall be held in Hyderabad.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on or by our Website, submitted or offered in connection with your use of this Website (collectively, the Comments) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments of use of comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to our Website shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity. You further agree that no Comments submitted by you to our Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, bugs, worms, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam.

We reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to our Website. You grant us the right to use the name that you submit in connection with any Comments. You undertake 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 solely responsible for the content of any Comments that you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyrights:

All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is Content. Where the Company provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is Company Content. Content uploaded, transmitted or posted to the Site or through the Products by a User is Submitted Content. Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to Indian & and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.

You hereby grant the Company a non-exclusive right and license to reproduce, distribute, publicly perform, offer, for sales and marketing purpose and otherwise use and exploit the Submitted Content on the Site and through the Products, and sublicense it to Instructors and Users for these purposes directly or through third parties. Notwithstanding the foregoing, You have the right to remove all or any portion of Your Submitted Content from the Site at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.

Ownership of Rights

All rights, including copyright, in this Website are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any content available on or through our Website for commercial or public purposes. You may not modify, distribute or re-post something on this Website for any purpose.

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Aspirebuzz protected by copyright as a collective work under the applicable copyright laws. Aspirebuzz owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as copyright or license to use in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You can not download / print / save copyrighted material for any purpose whatsoever reason. You can only avail them for learning online through Aspirebuzz.com. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Aspirebuzz is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on our Website or a website otherwise owned or operated in conjunction with Aspirebuzz shall not be deemed to be in the public domain but rather the exclusive property of Aspirebuzz, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Aspirebuzz, unless otherwise stated.

Aspirebuzz does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, you warrant that the owner of such material has expressly granted Aspirebuzz the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end users personal use. You hereby grant Aspirebuzz, the right to edit, copy, publish and distribute any material made available on the Website by you.

If you come across any abuse or violation of these Terms, please report to info@aspirebuzz.com.

Indemnity

You agree to defend, indemnify and hold us and our employees, directors, officers, agents and their successors and assigns, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorneys fees, caused by or arising out of or relating to claims based upon your actions or inactions, which may result in any loss or liability to us or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these Terms of Use or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms of Use.

Termination And Survival of the Terms after the Term ends

Aspirebuzz may terminate these Terms at any time. Without limiting the foregoing, Aspirebuzz shall have the right to immediately terminate your password or account or block your IP address, in the event of any conduct by you, which Aspirebuzz, in its sole discretion, considers to be unacceptable, or in breach of these Terms. You may terminate these Terms at any time, provided that you discontinue any further use of our Website. Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party including our right to any Comment will survive the expiration or termination of these Terms.

Limitation of Liability and Disclaimers

The Website is provided without any warranties or guarantees and in an As Is condition. You must bear the risks associated with the use of the Website.

We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer does not apply to any product warranty offered by us as specified in the product specifications. This disclaimer constitutes an essential part of these Terms. To the fullest extent permitted under applicable law, we or our partners shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or these Terms. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of these Terms, be it in tort or contract or any other legal theory is limited to the value of the product ordered by you. We, our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, relevance and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Aspirebuzz assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Site, overloading, flooding, spamming, mail bombing or crashing; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Aspirebuzz will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site Our Website can be used on most of the internet browsers.

Entire Terms

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms and the Website policies constitute the entire agreement between you and Aspirebuzz with respect to our sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to Aspirebuzz. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Last Updated
20th Apr 2016