TERMS AND CONDITIONS OF SERVICE
The EnglishBoloTM website and mobile application and related services, including our language proficiency Assessment services are operated by English Helper Education Technologies Pvt Ltd and IL&FS Education and Technology Services Ltd jointly . Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. If you do not agree to abide by these Terms and Conditions, you are not authorised to use, access or participate in the Service.
DESCRIPTION OF WEBSITE AND SERVICE
The Service allows users to learn or practice a language, take assessments in EnglishBoloTM and participate in the Teacher sessions. EnglishBoloTM may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
REGISTRATION / INFORMATION
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by EnglishBoloTM; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to EnglishBoloTM, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to EnglishBoloTM that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of Delhi, India.
You will not use, display or otherwise provide on or through the Service any content that: (i) is libellous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in EnglishBolo’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose EnglishBoloTM or its users to any harm or liability of any kind.
INDEMNIFICATION OF EnglishBoloTM
You agree to defend, indemnify and hold harmless English Helper Education Technologies Pvt Ltd and IL&FS Education and Technology Services Ltd and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assignees, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions,or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
Subject to the terms of these Terms and Conditions, EnglishBoloTM grants you a non-transferable, non-exclusive license to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof. EnglishBoloTM and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto.
No refunds will be made after the users have signed up and made payment for the use of the Service.
NO REPRESENTATIONS OR WARRANTIES BY EnglishBoloTM
The service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by EnglishBoloTM are provided to you on an “as is” basis. EnglishBoloTM and its suppliers make no representations or warranties of any kind with respect to the Service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, EnglishBoloTM does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
In no event shall EnglishBoloTM be liable with respect to the Services for (a) Any amount in the aggregate in excess of the fees a User has actually paid to EnglishBoloTM during the six (6) month period immediately preceding the event(s) giving rise to such liability; (b) Any lost profits, lost or damaged content or other data; (c) Any direct, indirect, incidental, punitive, special, exemplary or consequential damages of any kind whatsoever. The User agrees that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the agreement between EnglishBoloTM and the User. The User understands that the Service would not be provided without such limitations. Certain jurisdictions do not allow the limitation of certain damages, so some or all of this limitation of liability may not apply to those Users and such Users may have additional rights.
EnglishBoloTM may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your EnglishBoloTM account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of EnglishBoloTM proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
PROPRIETARY RIGHTS IN SERVICE CONTENT AND ACTIVITY MATERIALS
All content available through the Service, including designs, text, graphics, images, information, software, audio, video and other files, and their selection and arrangement are the proprietary property of EnglishBoloTM or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and EnglishBoloTM, all data, information and materials generated from your access and use of the educational activities made available on or through the Service shall be exclusively owned by EnglishBoloTM and you shall not have any right to use such Materials except as expressly authorised by these Terms and Conditions. Activity Materials will not include Translation Materials. By using the Service, you hereby assign to EnglishBoloTM any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of EnglishBoloTM or its licensors that are not expressly granted in these Terms and Conditions are reserved to EnglishBoloTM and its licensors.
“EnglishBoloTM” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of EnglishBoloTM or their respective owners, and certain of them are registered with the India Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the EnglishBoloTM name or any EnglishBoloTM or third-party trademarks, service marks, graphics or logos.
GOVERNING LAW AND ARBITRATION
These Terms and Conditions, its subject matter and EnglishBoloTM and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of Delhi, India.