The following Terms and Conditions shall be called as Terms of Access and Usage. Any reference in the Platform to the Terms of Access indicate the following conditions.
ChemXcel Institute For Chemistry (Hereinafter referred to as “ChemXcel” or “Platform” or “Content/Service provider” based on the terms) aims at providing various courses to the students belonging to 10th, 11th and 12th grade through various interactive and novel modes.
The Terms of Access and Usage mentioned herein under shall apply to any and all student(s), person(s), individuals, company, institute, or any association of persons of any kind who access the platform of ChemXcel to learn, improve, develop or channelize for further consumption, any skill as tutored by ChemXcel under its curriculum. Further, the Terms of Access shall be applicable to any agents of any kind of any of the aforementioned persons, who access the platform of ChemXcel for any reason whatsoever.
Without prejudice to the generality of the aforementioned provisions, it is clarified that, no student(s), person(s), individuals, company, institute, or any association of persons of any kind (Hereinafter referred to as “User”) can claim non application of the terms of access and usage to their use of the Platform by virtue of their purpose for such access or use of the Platform provided by ChemXcel.
Each of the aforementioned user shall be deemed to have been granted a non-transferable, non-assignable, non-exclusive and limited license for access of the materials on the platform in accordance with their chosen and opted subscription model. Further such limited license of access shall be valid through the period of subscription on basis of the subscription provided by ChemXcel. It is clarified here for avoidance of any doubts that, the computation of subscription period for the purposes of this clause and wherever required, shall be deemed to be as determined by ChemXcel in accordance with their policy and the same shall not be subject to any challenge.
Further, the permitted nature of use of the content provided by ChemXcel is noncommercial and for self-learning and individual purposes only. Any unwarranted distribution, reproduction or sale of the same in any manner is prohibited. Legal action against any of such activities shall be initiated by ChemXcel. In addition to any of the legal remedies available to ChemXcel, it shall be entitled to injunction on further reproduction etc. and damages to the tune of profit gained by such non-permitted activity.
ChemXcel reserves its rights to deactivate any subscription and/or remove any device on which the subscription is being accessed in accordance with its policies. Further, automatic removal/ deactivation shall ensue from the side of ChemXcel in eventuality of expiration of subscription period or any other contingent event.
Without prejudice to the generality of the terms above, it is clarified that, no user of any kind, whether commercial, individual or otherwise, shall be entitled to reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) except with the express permission of ChemXcel. Any action in derogation to the same shall ensue strict legal action
Except to the extent where specifically mentioned or procured for the purposes of research, ChemXcel has the complete right, title and interest over the Intellectual Properties over all the illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to ChemXcel and/ or its affiliates, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to you by ChemXcel.
Any usage of any kind of the aforementioned Intellectual Property of any form belonging to ChemXcel shall invite appropriate legal action. In addition to any of the statuory and legal remedies, ChemXcel shall be entitled to damages pursuant to the said infringement.
User shall not employ any tool or software including malware of any kind to access the content and data of other users etc. in an unauthorized manner. Any such employment of whether legal or illegal nature shall invite strict legal action against the said User.
In case of any User infringing any right over the material provided by ChemXcel or any material hosted on the Platform of ChemXcel, there shall be no liability of ChemXcel for the same. Any third party copyrighted material used by ChemXcel for research and education purposes shall not be used to distribute or reproduce or create anything of a derivative nature by any user. There shall be no liability of ChemXcel for any of the aforesaid illegal actions. ChemXcel does not endorse or encourage the same.
In case that, ChemXcel provides for an option of receiving and displaying the comments/ writings of any User, it shall be the sole responsibility of the user to ensure that the same:
A. Is not pornographic or harmful for viewing by any person in any manner;
B. Does not violate any law and or does not constitute any offence under the Indian law;
C. Does not infringe any Intellectual Property Right of any kind and or is not appropriate for minors
D. Does not threaten the unity, integrity, defense, 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 other nation;
E. Is not patently false and untrue,
F. Is not written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
G. Does not contain any virus or any malware of any kind intended to disrupt or detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or Personal Information. In case of commission of any of such activity, the perpetrator/user shall be solely liable for the same. Further, ChemXcel shall initiate appropriate legal action against any such user.
ChemXcel will not allow any content that promotes or relates to violence and incitement, coordinating and promoting harm, bullying or abusing any other user or ChemXcel per se; creating a fraud or deception of any manner, promoting or relegating hate speech of any kind; endorsing nudity in any manner whatsoever; any threat to cyber security of ChemXcel or any other user. In case that any user is found to have been engaging or promoting any such activities, ChemXcel reserves its rights to immediately suspend the account and also take such legal action as found necessary.
Any user shall not act in a manner which is detrimental to any other user on the Platform. If ChemXcel determines that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Terms of usage or general standards of appropriate behavious, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe ChemXcel’s or any other third party intellectual property rights or where we are required to do so for legal reasons.
ChemXcel is an education based knowledge and information providing entity. It is clarified in no uncertain terms that, there is no guarantee or representation of any nature whatsoever on behalf of ChemXcel or any of its agents regarding the marks, passing criterion, scholarship etc. for any user/student. ChemXcel provides the best in class services for the students and for their education, however at no point of time guarantees any outcome/ result etc. for any student/ user.
The content uploaded on the platform of ChemXcel must be construed on “as is” basis. There is no promise or guarantee of any kind in relation to the uploaded content and or study material provided by ChemXcel. There is further no guarantee that the content uploaded on ChemXcel will always be safe, secure or error-free, or that they will function without disruptions, delays or imperfections.
ChemXcel further disclaims all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and noninfringement.
ChemXcel further does not represent or give any guarantee of any kind for any student or user and their academic abilities therein. ChemXcel or their agents of any kind have no control over the students and their personal factors. Hence, there is no expression pertaining to any guarantee in relation to the same.
Any unforeseen event or any disruption in supply of electricity or internet or any server over which ChemXcel has no control, shall not yield in any liability of ChemXcel of any kind.
ChemXcel does not guarantee continuous, uninterrupted or secure access to the Platform, and operation of the Platform may be interfered by numerous factors outside our control.
In no event shall ChemXcel or its agents and or affiliates of any kind be held responsible for any of the following acts:
A. Any actions of whatever kind and nature by any User or third party.
B. Any error or inadvertence in the content hosted on the Platform by ChemXcel.
C. Any personal injury or property damage or any kind from the usage or access of the contents of the Platform of ChemXcel.
D. Any threat to cyber security or any disruption in any system of any user, purported to have been caused by the content hosted or available on the Platform of ChemXcel.
E. ChemXcel has not represented that the content posted for the users on the Platform is compliant with the laws throughout the jurisdictions in the world. Any access of the Platform of ChemXcel from any corner of the world must be done by the user in accordance with the policies and rules of their jurisdiction.
The user and its agents or representatives undertake to indemnify ChemXcel against any losses of any kind including the losses incurred while pursuing or defending a suit against any third party arising out of:
A. The user’s actions of access or usage of any content hosted over the Platform.
B. The user’s actions of infringement of any Intellectual Property of any kind.
C. The user’s actions of infringement of any violation of any Indian Law.
D. The user’s actions constituting an offence under the Indian Law.
E. The user’s actions of any and all kind pertaining to the platform of ChemXcel or any other transactions with ChemXcel of any nature.
Any disputes of any kind between the User and ChemXcel shall be subject to Ahmedabad jurisdiction only. The parties to the dispute shall initiate all their legal actions and agree to submit to the Jurisdiction of the Courts at Ahmedabad. For the avoidance of any doubt, the instant agreement, upon clicking on the agreement screen, shall be deemed to have been entered into in Ahmedabad.
Further, the parties shall endeavor to settle the arisen disputes through amicable settlement. Only in case that such amicable settlement fails, the parties shall resort to Arbitration for the settlement of their disputes under the Arbitration and Conciliation Act, 1996 along with its amendments and notifications.
Before averting to any of the legal actions, the User shall try and redress the grievance through the representatives of ChemXcel. The particulars for the said communications are as follows: _______________ _______________
Failure in compliance of any of the aforesaid stipulations shall entitle Kwicprep to pursue/defend any legal action at the risk and cost of the opposite party. 6. MISCELLANEOUS PROVISIONS
Modification, Amendment or Termination: ChemXcel may, in its sole discretion, modify or revise the Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Platform post any modification of the Agreement shall be taken as your consent and acceptance to such modifications. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits. You are advised to check our Platform frequently to see recent changes and to keep yourself updated with the most recent updates.
Force Majeure: ChemXcel 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 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.
Miscellaneous: If any part of the Agreement is found to be unlawful, void or unenforceable, that part of the Agreement will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Platform shall be in writing and sent to the office of ChemXcel. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
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