Terms of Use

Terms of Use

1. Introduction and Terms of Use

The terms and conditions contained hereinafter (“Terms of Use”) shall apply to the use of the website www.21kschool.com ("Website") that is owned and operated by 21k School foundation (the “21k School” or “we” or “our” or “us”). 21k School shall mean and include 21k School Foundation and its content partners, their directors, shareholders, employees and consultants, and any entity incorporated by 21k School, and all its other affiliates or related or connected entities, as applicable. Any person registering with / logging on to or using the Website, even if such person does not take or use any information provided on the Website (“User” or “you”), shall be presumed to have read these Terms of Use (which includes the Disclaimer and Privacy Policy, separately provided on the Website) and unconditionally accepted the terms and conditions set out herein and this constitutes a binding and enforceable agreement between the User and 21k School (“Agreement”). If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. For the purpose of these Terms of Use, wherever the context so requires the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf himself or any other legal entity. It is clarified that the Privacy Policy that is provided separately forms an integral part of these Terms of Use and should be read in conjunction. Illegality or unenforceability of one or more Terms of Use shall not affect the legality and enforceability of the other terms of the Website.

2. Eligibility

Any person who is above 18 (eighteen) years of age and competent to contract under the applicable laws is eligible to access or visit the Website. Your use or access of the Website shall be treated as your representation that you are competent to contract. If you are registering as a business entity, that you represent and warrant that you have the authority to bind such business entity to the Terms of Use. Without generality of the foregoing, use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 (eighteen) years, you may use the Website only with the involvement of a parent or guardian. The User represents and warrants that it will be financially responsible for all of User's usage and access of the Website. The User shall also be responsible for use of User's account by others. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.

3. Account and Registration

You are responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately at info@21kschool.com

You also agree and confirm that you will:

  • provide accurate, current and complete information whenever prompted by the Website or when required by the Website’s registration/Enquiry form (“Registration Data”).
  • maintain and promptly update the Registration Data to keep it accurate, current and complete at all times. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with the Terms of Use (whether wholly or in part thereof), we reserve the right to reject your registration and/or indefinitely suspend or terminate your membership and to refuse to provide you access to the Website.
  • indemnify and keep us indemnified from and against all claims resulting from the use of any detail/information/ Registration Data that you post and/or supply to us. We shall be entitled to remove any such detail/information/Registration Data posted by you without any prior information.
  • in order to ensure that we are not violating any right that you might have in your Registration Data, grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data you have supplied to us.
4. Privacy

Any information that you provide to us during the registration process or otherwise, will be protected in accordance with our privacy policy (“Privacy Policy”) that has been separately provided on the Website at Privacy Policy. You are requested to review the Privacy Policy before using the Website. If you have any objection to the terms of our Privacy Policy, you are requested not to use the Website.

5. User Liability

The User, by the act of logging onto the Website and/or by submitting Registration Data is deemed to have consented to and has expressly/impliedly and irrevocably authorized 21k School to use, reveal, analyze, display or transmit all information required by 21k School. The User represents and warrants that all the information provided by him/her/it are true, correct and complete and if such information is found to be untrue, incorrect or incomplete, 21k School has the right to take any action it deems appropriate in relation to the particular circumstances without any limitations

The User is prohibited from using the Website in a manner that might damage, disable or overburden the Website. The User is further prohibited from obtaining any information through secondary means which is not available on the Website.

6. Representations, Warranties and Covenants

You shall not, directly or indirectly attempt to gain unauthorized access to the Website, other Users’ account(s), computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.

You understand and undertake that you shall be solely responsible for the Registration Data and undertake to not host, display, upload, modify, publish, transmit, update or share any information that:

  • belongs to another person and to which you do not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harms minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonates another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threatens the unity, integrity, defence, 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 to any other nation;
  • creates liability for 21k School or causes 21k School to lose (in whole or in part) the services of 21k School’s ISPs or other service providers;
  • is in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of ‘spam’ or solicitation; or
  • is illegal in any other way.

The User understands and agrees that 21k School reserves the right to remove and/or edit such detail / information at any time and at the sole discretion of 21k School.

If you do post content or submit material, and unless we indicate otherwise to you in writing, it shall be deemed that you

  • grant 21k School and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media;
  • grant 21k School and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose; and
  • agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to any usage or derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to 21k School, including the execution of deeds and documents, at our request.

You represent and warrant that you own or otherwise control all the rights to the content that you post or that you otherwise provide on or through the Website; that, as at the date that the content or material is submitted to the Website:

  • the content and material is accurate;
  • the use of the content and material supplied by you does not breach any applicable policies of the Website or any guidelines herein and will not cause injury to any person or entity (including that the content or material is not defamatory);
  • the content is lawful and does not violate any applicable laws.

You further agree to indemnify 21k School and its affiliates for all claims brought by third parties against 21k School or its affiliates arising out of or in connection with a breach of any of the representations and warranties provided hereinabove.

7. DISCLAIMER

THE CONTENT ON THE WEBSITE AND ALL RELATED INFORMATION AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. 21K SCHOOL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. 21K SCHOOL DOES NOT WARRANT THAT THE SERVICE OF BEING ABLE TO USE THE WEBSITE OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE WEBSITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND 21K SCHOOL DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

It is hereby expressly clarified that, the Information that you obtain or receive from 21K SCHOOL, THE WEBSITE or otherwise is for informational purposes only. 21K SCHOOL makeS no guarantees, representations or warranties, whether expressed or implied, with respect to the professional qualifications, quality of work, expertise or other information CONTAINED IN SUCH MATERIALS OR CONTENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USAGE OF THE CONTENT, INFORMATION OR MATERIALS OR YOUR DEALINGS WITH ANY OTHER USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE CONTENT OR INFORMATION AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE) OR ANY LOSS OF DATA.

PLEASE NOTE THAT THE INFORMATION PROVIDED ON THE WEBSITE has not been evaluated AND/OR APPROVED by any STATUTORY BODY OR AUTHORITY IN INDIA.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. 21K SCHOOL DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT 21K SCHOOL IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL 21K SCHOOL AND/OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OR CORRUPTION OF DATA, DOWNTIME, BUSINESS INTERRUPTION, REPLACEMENT SERVICE, LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY MATERIALS OR CONTENT ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 21K SCHOOL AND/OR ITS AFFILIATES HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF 21K SCHOOL AND/OR ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO INR 100 (INDIAN RUPEES ONE HUNDRED).

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Complaint against Objectionable Content

If you believe that any content on the Website is illegal, offensive (including but not limited to material that has sexually explicit content or which promotes racism, bigotry, hatred or physical harm etc), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately on info@21kschool.com. We will take reasonable steps to ensure that such Objectionable Content complained about is reviewed and removed (if required) within a reasonable time.

10. Intellectual Property Rights

The information, content and compilation provided in the Website is our exclusive property and is protected under the applicable Indian and international intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute any contents of the Website or any part thereof otherwise in compliance with the terms of this Terms of Use.

11. Intellectual Property Claims

21k School and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please bring it to our notice by sending an email at info@21kschool.com. We will envisage to address your concerns and take necessary steps, if required.

12. Communications

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwithstanding anything contained in this Agreement and subject to applicable laws, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Website.

13. Indemnity and Release

You shall indemnify and hold harmless 21k School, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any applicable laws, rules, regulations or the rights of any third party.

You hereby expressly release 21k School and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors/sellers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

14. Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that are not reasonably foreseeable to by us when you commenced using the Website.

15. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our Website, policies and these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that you use the Website or order any goods from us, unless any change in those policies or these terms are required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these terms are deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining condition of this Terms of Use.

16. Waiver

Neither failure nor delay on the part of 21k School or its affiliates to exercise or enforce any right, remedy, power or privilege contained hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of these Terms of Use shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.

17. Governing law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of India (“applicable laws” or “laws”). The courts at Bengaluru shall have exclusive jurisdiction in relation to any proceedings arising out of or in connection with these Terms of Use.

Our Contact Details

If you have any queries, please contact us at info@21kschool.com.

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