KALP TECHNOLOGIES PRIVATE LIMITED (“the Company” or “We” or “us”), is the author and publisher of the internet resource www.admissionplex.com and the mobile application ‘AdmissionPlex’ (together, “Website”). The Company owns and operates the services provided through the Website. The term 'you' refers to the user or viewer of the Website. The use of the Website is subject to the following Terms and Conditions which deem to constitute a legally binding agreement between the you and the Company. By clicking on the “I Accept” button or registering for an accountor browsing or using the Website, you agree to be bound by these Terms and Conditions.These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services.If you do not accept the following Terms and Conditions, you must not use the Website.
1. General Terms
(1) You may connect to our Services through: (i) our mobile applications and software, or (ii) approved third-party applications, software or devices; or (iii) our website (“Services”). These Terms and Conditions apply to your use of our Service through any of the foregoing modes. If you have questions about whether a product or application qualifies as a Service, please contact customer support since any unauthorised usage may result in the immediate termination of your ability to access our Service.
(2) Services on the Website would be available only in certain select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including un-discharged insolvents etc. are not eligible to use the Website. Minors under the age of 18 years can use the Website only under the supervision of a parent or legal guardian who will be bound by the Privacy Policy and Terms and Conditions of the Website. No products or services whose consumption or use is prohibited by minors will be allowed to be purchased in case such user is a minor.
(3) Full use of our Services requires that you create an account by providing us with information such as your full name, mobile number and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. We are not liable for any losses or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact us if you discover or suspect any security breach related to the Service or your account.
(4) If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to discontinue the Services to you at its sole discretion.
(5) Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
(6) The content on the Website and our Services are based on information regarding the admission process to various educational courses, including applicable rules and regulations, that is available in the public domain. You understand that our Services are not based on knowledge of any information regarding admission process, that is not available in the public domain. If you rely on any content or Service, you do so solely at your own risk.Our goal is to provide helpful and accurate information, but we make no endorsement, representation, or warranty of any kind about any content, information, or Services. Your use of any information or materials on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to verify if any products, services or information available through the Website meet your specific requirements.
2. Intellectual Property Rights
(1) This Website contains material which is owned by the Company. This material includes, but is not limited to, the data, design, layout, look, appearance, text and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions. No part of the content shall be copied, downloaded, transmitted or published without prior written consent of the Company.
(2) No resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools is allowed. Any unauthorised use terminates the permission or license granted by the Company.
(3) All trademarks reproduced on the Website which are not the property of, or licensed to, the Company are acknowledged on the Website.
(4) Unauthorized use of the Website may give rise to a claim for damages and/or be a criminal offence.
(5) You may not create a link to the Website from another website or document without prior written consent from the Company.
(6) You must not use the Website in any way that causes or may cause damage to the Website or causes impairment in accessing the Website or which is in any way unlawful, illegal or fraudulent.
3. Scope of Services:
(1) Our Services shall comprise advising the students on: (a) admission process for certain educational courses; (b) their eligibility for such educational courses; and (c) the documents required for applying for such educational courses.
(2) Our Services specifically excludes: (a) lobbying with any college/educational institution for the admission of a student; (b) representing the student before any third party in any manner whatsoever; and (c) filling forms or submitting the documents on behalf of the students with any college or educational institution.
(3) We offer no guarantee or assurance that a student will be admitted to a particular course or would be eligible for any educational benefits. Admission of a student or grant of any benefits to a student is at the sole discretion of the concerned college/ educational institution.We have no role in the admission process. You understand that our Services are limited to advising the students on their eligibility, admission process and documentary requirements. Our opinion is not binding on any college/educational institution.
(4) We are not representing any college/educational institution as part of the Services. As such, the advise given by us does not constitute any kind of confirmation, certificate or authorisation from any college or educational institution.
(5) The advise provided to you as part of the Services will be based on the information you provide to us. Any inaccuracy or change in the information provided by you would have a corresponding change in the advice given to you. As such, we shall not be liable for any inaccuracy in the advice given to you should you fail to provide correct and relevant information as may be required.
(6) We shall not be verifying the authenticity of the documents submitted by you. Hence, in the event the documents submitted by you are false or fabricated, the concerned college or educational institution may reject your application. We disclaim all the liability to the fullest extent, for rejection of your application by the college/educational institution on account of submission of false or fabricated documents by you.
(7) Our advise would be based on facts, documents, records provided to us and representations made by you. Further, our advise would be based on our understanding of facts and the legal and regulatory position prevailing as on the date of advise. Accordingly, our advise will vary in case of any variations to fact, law, assumptions or representations, which we have relied upon. We assume no responsibility to update our advise for events and circumstances occurring after the date of our advise.
(8) The conclusions reached and views expressed are matters of opinion based on our understanding of the related laws, rules, notifications, circulars, and precedents. There is no guarantee that colleges, educational institutions, courts, other parties or regulatory authorities would subscribe to the views expressed by us. Therefore, the Company, its directors, associates, employees or staff shall not be held liable for any action/ consequence arising out of any contrary view(s) taken by anycolleges, educational institutions, court, other party or statutory authority with respect to our views on the eligibility of a student, the admission process or documentary requirements.
(9) The advise provided individually to you, based on your specific requirements and your eligibility conditions. As such, the advise shall not be applicable or suitable to any other person, even if such person is similarly situated in any or all respects. We take no responsibility if a third party relies on our advise given to you as part of the Services.
4. Your Content on the Website
(1) The Company may enable you to post, upload, store, share, send, or display certain information, documents and content (“Your Content”) to and via the Website. You retain all rights to Your Content that you post to the Website. By making Your Content available on or through the Website you hereby grant to Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. These rights you grant us are only for the limited purpose of offering and improving our Services.
(2) You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content.
(3) You represent and warrant that Your Content, the use and provision of Your Content on the Website, and your use of the Website will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
(4) You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the our Services, or which may expose us or our users to any harm or liability of any type.
(5) The Company may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Website.
5. Payment, Cancellation & Refund Policy-
(1) Your use of the online payment gateway is at your discretion and responsibility. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline or failure of any payment transaction. Should there be any issue with regard to online payment gateway, please contact us.
(2) The Services on the Website shall be subject to payment of requisite subscription fees by you. The Company reserves the right to cancel, withhold or suspend any and all Services, if you fail to pay the subscription fees.
(3) The subscription fees paid by you shall be non-refundable. However, notwithstanding the foregoing, the Company may allow partial or full refund in exceptional circumstances, at its sole discretion.
6. Disclaimer
(1) By using the Website, you are accepting all the terms of this disclaimer notice. If you do not agree with anything then you should not use the Website.We disclaim all warranties, representations, and conditions, whether express or implied, statutory or otherwise, including but not limited to the implied warranties or merchantability, non-infringement of third parties’ rights and fitness for particular purpose. The Companydoes not guarantee that the Website will be free of viruses or other harmful components or that such defect will be corrected even if the Company is aware of the same. You undertake that you are accessing the Website and Services and transacting at your own risk. We disclaim any warranties or representations, whether express or implied, in respect of the quality, color, description, reliability, completeness, wholesomeness, safety, fitness of the products and services on the Website and the consumption of such products or usage of the services provided through the Website and availed by you shall entirely be at your own risk.
7. Warranties & Liability:
(1) Every effort is made to ensure that the contents on the Website are accurate. However the Website is provided "as is" and the Company makes no representations or warranties in relation to the accuracy or completeness of the information provided on it. While the contents on the Website are provided in good faith, we do not warrant that the information kept on the Website is up to date, be true and not misleading or that the Website will always (or ever) be available for use. We make no representations or warranties about the accuracy, reliability, completeness or timeliness of any content found on the Website.
(2) We do not warrant that the servers that make the Website available will be error, virus and bug free. You accept that it is your responsibility to make adequate provision for protection against such threats. We recommend scanning any files before downloading.
(3) Nothing on the Website should be taken to constitute professional advice or a formal recommendation and we exclude all representations and warranties relating to the content and use of the Website.
(4) At all times our liability to you shall be limited to the amount paid by you for availing the Services. Under no circumstances OR events will the Company, its directors, employees or agents be liable for any incidental, indirect, consequential or special damages of any kind or damages whatsoever including without limitation, those resulting from loss of opportunities, loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships whether or not advised of the possibility of such damage arising out of or in connection with the use of this Website or any linked websites.
8. Alerts and notifications:
(1) As part of your use of the Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from our Service by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
9. License to use the Website:
(1) When you use the Website, you agree to the exclusions and limitations of liability stated above and accept them as reasonable. Do not use the Website if you don't agree with the Terms and Conditions.
(2) If any points in this disclaimer are found to be unenforceable under the applicable law that will have no bearing on the enforceability of the rest of the disclaimer notice.
(3) Material on the Website, including the data, text, images and logos is protected by copyright law and is copyrighted to the Company.
(4) All intellectual property rights in relation to the Website (design, source code etc) are reserved and owned by the company.
10. Links to other Websites and Products:
(1) Links to other websites are provided for the convenience of users.
(2) We are unable to provide any warranty regarding the accuracy or completeness of the content of such sites or the reliability, quality or effectiveness of any products provided through external websites.
(3) A link to an external site doesn't imply an endorsement of views, information or products provided or held by such websites.
11. Feedback:
(1) All reviews, feedback, comments, suggestions and other submissions made to the Website shall be the property of the Company and hence the Company will be fully entitled to reproduce, use, disclose, modify, publish, display, cite, display any such submission made without any restriction and without payment of any compensation. The Website maintains full rights to not respond, review, edit, monitor or remove any comments submitted. You will solely be responsible for any claims- direct or indirect, arising from or resulting due to the comments so submitted by you. The Company takes no responsibility and assumes no liability for any submissions made by you or any other third party. You remain solely responsible for any submissions that you make and no comments submitted should be illegal, threatening, abusive, obscene, soliciting or otherwise unlawful in nature. The Company takes no responsibility and assumes no liability for any content on the Website which may be deemed offensive, indecent or objectionable to you.
12. Indemnity:
(1) You agree to indemnify and hold harmless the Company, its directors,shareholders, licensee, affiliates, subsidiaries, group companies, and their respective employees, directors, officers, agents, representatives and their successors from any claim or demand, or actions arising out of your use of the Website or your breach of these Terms and Conditions, Privacy Policy and other policies on the Website, or your violation of any law, rules or regulations or rights (including infringement of intellectual property rights) of any third party.
13. Force Majeure:
(1) The Company shall not be liable for inability to provide Services for reasons beyond its control including but not limited to war, floods, earthquakes, storms, acts of god, civil commotion, terrorism, riots, strikes, lock-outs, governmental restrictions, internet failure or technical failures.
14. Law and Jurisdiction:
(1) This disclaimer shall be interpreted and governed by the Indian Law and any disputes in relation to it are subject to the jurisdiction of the courts in Pune, Maharashtra, India.
(2) Any dispute, claim or controversy arising out of or relating to these Terms and Conditions, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by you and the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of such arbitration shall be Pune, Maharashtra, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
15. Changes and Amendments:
(1) We reserve the right to revise and amend these Terms and Conditions from time to time and any revised version will be deemed to be applicable from the first date of publication on the Website. Any changes to the Terms and Conditions will be effective immediately for all users. In case you have an existing account with us, such changes shall be effective thirty (30) days after posting notice of such changes on the Website. We may require you to provide consent to the updated Terms and Conditions in a specified manner before further use of the Website. If you do not agree to any change(s), you must stop using the Site. If you continue to use the Website, it shall be deemed that you agree to the revised Terms and Conditions.
16. Termination:
(1) The Company reserves full right to terminate your use of the Website if it believes, in its absolute and sole discretion that you have breached, violated or exploited any of the terms of the use of the Website or any applicable law or acted unethically. Notwithstanding anything stated in this clause, the Terms and Conditions along with the Privacy policy shall survive indefinitely unless the Company chooses to terminate them. Upon discontinuation of further use of the Website by you, the Company may terminate the Terms and Conditions without notice and deny you any access to the Website without taking any responsibility and without assuming any liability for the same. The Company reserves the right to preserve certain content for legal, tax or regulatory compliance. Any termination shall not cancel the obligation to pay for Services already ordered or other liability that may have arisen under these Terms and Conditions. If you use any false email id or mobile number or use the Website for any fraudulent or unlawful purposes or with any mala fide intentions which may cause inconvenience and leads to breach of the Terms and Conditions or Privacy Policy of the Website, the Company reserves the right to block your access to the portal, terminate all accounts including linked accounts, without any notice to you for which the Company shall not be held responsible or liable in any way whatsoever.
17. Miscellaneous Provisions:
(1) These Terms and Conditions along with the Privacy Policy constitute the entire agreement and understanding between you and the Company with respect to use of the Website, superseding all prior or contemporaneous communications with the Company. These Terms and Conditions are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. The Company may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of these Terms and Conditions are displayed for convenience only. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.