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All the legal stuff

TERMS &
CONDITIONS

Welcome to E-Learning!

E-Learning is a web platform, mobile application(s) and software application(s) owned and managed by E-Learning Resources Private Limited, a company incorporated under the Companies Act, 1956. (“E-Learning”). On E-Learning, it provides courses and content that can be used to acquire knowledge, skills, and certification that are valuable for a career in the law.

By using the E-Learning website, E-Learning mobile application(s) or any service offered by E-Learning, you confirm that you have read the following terms (“Terms of Use”) and agree to be bound by them.

These Terms of Use came into effect on January 1, 2017

Please read these Terms of Use carefully.

1. You shall be bound by the Terms of Use when you use E-Learning for any purpose regardless of whether you are a registered user or whether you have paid for any service. You shall be bound by them when you use E-Learning and any further upgrade, modification, addition, or change to E-Learning. If you do not accept any or all of these Terms of Use, then you should not access or use E-Learning.

2. These Terms of Use are applicable to E-Learning as a whole. However, certain sections of E-Learning may separately set out additional terms and conditions that will be notified separately. Those terms will not prevail over these Terms of Use.

3. E-Learning may amend these Terms of Use at any time by posting the amended and restated Terms of Use on E-Learning. Only an authorised officer of E-Learning may amend these Terms of Use. The amended Terms of Use will bind you and E-Learning as soon as they are posted on E-Learning. Your continued use of E-Learning after that shall be deemed to be acceptance of the amended terms. The date on which the Terms of Use were amended will be mentioned at the beginning of the amended Terms of Use.

4. Access to some parts and features of E-Learning are provided to you free of charge. E-Learning reserves the right to restrict access to any areas or features of E-Learning, including charging for any area or feature, without prior notice.

5. The use of any information, text, images, videos, directories, files, databases, or listings available on or through E-Learning for any purpose that has not been expressly permitted in these Terms of Use is prohibited. You shall not copy, reproduce, or download this content or materials for re-selling or re-distributing it in any manner. Any form of systematic retrieval of such content, whether through bots, spiders, automatic devices, or manual processes, without prior written permission from E-Learning, is prohibited.

6. Some of the content, information, and videos displayed on E-Learning have been posted by persons other than E-Learning, including other users of E-Learning. E-Learning is not responsible for the accuracy, propriety, lawfulness, or truthfulness of any such content and shall not be liable to you for your reliance on them.

7. E-Learning is not responsible for the conduct of the activities on E-Learning of any person other than E-Learning. E-Learning shall not be liable to you in connection with any damage suffered by you or any person as a result of the conduct of the activities on E-Learning of any person other than E-Learning.

8. E-Learning may feature hyperlinks to content on other web sites or platforms. E-Learning has no control over such web site, or platform or content and is not responsible or liable to anyone for such web site, or any content, products or services made available on such a web site.

10. You are prohibited from trying to undermine the integrity of the computer systems or networks used by E-Learning. You are prohibited from trying to gain unauthorised access to such computer systems or networks.

11. You shall be bound by E-Learning’s Privacy Policy. E-Learning may amend the Privacy Policy from time to time and make the updated version available on E-Learning. Your continued use of E-Learning after that shall be deemed to constitute your acceptance of the amended Privacy Policy.

12. You are prohibited from infringing the intellectual property rights and other legitimate rights of E-Learning and other users of E-Learning. E-Learning may, under appropriate circumstances, restrict access to E-Learning of persons who have infringed the intellectual property rights and other legitimate rights of E-Learning and other users of E-Learning. E-Learning may, under appropriate circumstances, terminate the accounts of persons whose conduct is prejudicial to the interests of E-Learning or other users of E-Learning, or for any other reason. E-Learning need not give cause for restricting access to E-Learning or for terminating accounts on E-Learning.

13. These Terms of Use do not create any agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship between you and E-Learning.

14. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

15. E-Learning failure to enforce any right or failure to act with respect to any breach by you under these Terms of Use will not amount to a waiver of that right. It will also not amount to a waiver of E-Learning right to act with respect to subsequent or similar breaches.

16. E-Learning shall have the right to assign these Terms of Use to any person or entity. You may not assign, in whole or part, this Agreement to any person or entity.

17. These Terms of Use shall be governed by the laws of India with regard to its conflict of law provisions. You hereby submit to the exclusive jurisdiction of the courts of Mumbai in India to resolve any dispute arising out of your use of E-Learning and your activity on E-Learning.

18. Some sections of E-Learning allow you to publish information in the form of topics, comments, and posts. Some features on E-Learning also allow you to send information to E-Learning Learning or to other users through some communication systems. By using any of these features, you agree to the terms of Clauses 19, 20, 21, 22, 23, and 24 below.

19. You agree to:

(a) Provide E-Learning with true, accurate, current, and complete information upon registration, which may or may not be displayed on E-Learning;
(b) Maintain and promptly amend all information to keep it true, accurate, current, and complete.

20. You grant an irrevocable, perpetual, worldwide, and royalty-free, sub-licensable (through multiple tiers) license to E-Learning to display and use all information provided by you, in accordance with the purposes set out in these Terms of Use, and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.

21. You agree that you have obtained all necessary copyright, trademark, trade secrets or patent licenses and permissions, or such other licenses or permissions required in connection with the personal or proprietary rights of any person (including but not limited to the rights of personality and rights of privacy), for any material or information you post on E-Learning or otherwise give to E-Learning to display. You agree that you are solely responsible for ensuring that any material or information you post on E-Learning or provide to E-Learning or authorise E-Learning to display, does not violate the rights of anyone else, or has been posted with the permission of the owner(s) of such rights.

22. You agree that the information submitted for display on E-Learning shall not:
(a) Contain fraudulent information, or otherwise promote illegal activities;
(b) Be part of a scheme to defraud E-Learning or other users of E-Learning or for any other unlawful purpose;
(c) Relate to services that infringe or otherwise abet or encourage the infringement or violation of any person’s copyright, patent, trademarks, trade secret, or other rights including proprietary rights or rights of publicity or privacy;
(d) Impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
(e) Violate any applicable law, statute, ordinance or regulation;
(f) Be defamatory, libellous, unlawfully threatening, or unlawfully harassing;
(g) Be obscene or contain or infer any pornography or illegal merchandising or any other content or otherwise promote sexually explicit materials or is otherwise harmful to minors; (h) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(i) Contain any material that constitutes unauthorised advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
(j) Solicit business from any user of E-Learning in connection with a commercial activity that competes with E-Learning or E-Learning;
(k) Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
(l) Link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under these Terms of Use;
(m) Otherwise create any liability for E-Learning or E-Learning.

23. E-Learning reserves the right to remove at its sole discretion, any material displayed on E-Learning, which it reasonably believes is unlawful, could subject E-Learning to liability, violates these Terms of Use, or is otherwise found inappropriate in the opinion of E-Learning.

24. E-Learning reserves the right to cooperate fully with governmental authorities, private investigators, and injured third parties in the investigation of any suspected criminal or civil wrongdoing. E-Learning may disclose your identity and contact information, if requested by a government or law enforcement body, an injured user of E-Learning, or as a result of a subpoena or other legal action. E-Learning shall not be liable for damages or the results of such cooperation or disclosure. You agree not to bring any action or claim against E-Learning for such cooperation or disclosure. In connection with such co-operation, E-Learning may, at its sole discretion, restrict your access to E-Learning or terminate your account.

25. E-Learning will try to keep E-Learning safe and bug-free but you use the site at your own risk. E-Learning is providing E-Learning “as is” without any express or implied warranties. E-Learning does not guarantee that E-Learning will be safe or secure.

26. E-Learning is not responsible for the actions, content, information or data of persons other than E-Learning and you agree to release E-Learning and its officers and employees from any liability in connection with a claim that you have against any person other than E-Learning, or for any profits lost or any damages arising out of or in connection with such a claim.

30. Any material downloaded or otherwise obtained through E-Learning, is done at your sole discretion and risk. You alone are responsible for any damage to your computer system or loss of data that results from the download of any such material. Unless expressly stated in these Terms of Use, no piece of advice or information, whether oral or written, that has been obtained by you from E-Learning or through or from E-Learning, shall create any warranty not expressly stated herein.

31. Under no circumstances shall E-Learning be held liable for an delay or failure or disruption of the content or services delivered through E-Learning resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

32. You hereby agree to indemnify and hold harmless, E-Learning , its affiliates, directors, officers, and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the E-Learning (including but not limited to the display of your information on the E-Learning) or from the breach of any of these Terms of Use or representations made by you to E-Learning.

33.E-Learning shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:

• The use or the inability to use E-Learning or any service provided by E-Learning;
• Any defect in data, information, content, or services purchased or obtained through unauthorised access by third parties to data or private information of any User;
• Statements or conduct of any User of the Site; or
• Any matters relating to Employer Services however arising, including negligence.

34. Notwithstanding any of the foregoing provisions, the aggregate liability of E-Learning, its employees, agents, affiliates, representatives, or anyone acting on its behalf, for all claims arising from your use of the E-Learning or any service provided by E-Learning shall be limited to the greater of:

• The amount of fees you pay to E-Learning or its affiliates in relation to the use of E-Learning or any section of E-Learning in the 12 months prior to the action giving rise to liability; or • Rs.1,000/-.

The preceding sentence does not shall not preclude you from the requirement to prove actual damages. All claims arising from your use of E-Learning must be filed within one (1) year from the date the cause of action arose.

Intellectual Property Rights

35. E-Learning is the sole owner or lawful licensee of all the rights to the E-Learning and content published by E-Learning on E-Learning. E-Learning and content published by E-Learning on E-Learning embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in E-Learning and the content published on E-Learning by E-Learning shall remain with E-Learning, its affiliates, or licensors of the content published on E-Learning by E-Learning, as the case may be. All rights not otherwise claimed under this Agreement or by E-Learning are hereby reserved.

36. "E-Learning", "E-Learning.net", and the related icons and logos are registered trademarks or trademarks or service marks of E-Learning, in various jurisdictions, and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.

Notices

37. All notices or demands to or upon E-Learning shall be effective only if it is in writing. They shall be considered duly made when sent to E-Learning in the following manner to: E-Learning Resources Private Limited, D-Wing, Chanakya Complex, Mahavir Nagar Link Road, Mumbai, Maharashtra, India - 400067.

38. Notices or demands to you or upon you shall be effective if either delivered personally, sent by courier, certified mail, by facsimile, or email to the last-known correspondence, fax or email address provided by you to E-Learning, or by posting such notice or demand on an area of E-Learning that is publicly accessible without a charge or accessible to you. Notice to you shall be deemed to be received by you if and when:

• E-Learning is able to demonstrate that communication, whether in physical or electronic form, has been sent to you, or
• Immediately upon E-Learning posting such notice on an area of E-Learning that is publicly accessible without charge or accessible to the User.

Privacy Policy

39. For content that is covered by intellectual property rights, you specifically grant E-Learning a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such content that you post on or in connection with E-Learning.

40. On registration, you provide E-Learning with information such as name, gender, location and other fields mentioned in your registration profile. You grant E-Learning permission to utilise such information for the internal improvement of E-Learning mechanics and any such manner that E-Learning feels is appropriate to enhance your experience on E-Learning.

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