Introduction

Please read these terms of use ("Terms"), a legal agreement between AglaSem EduTech Pvt. Ltd., a Company incorporated under the Companies Act, 1956 bearing CIN No. U80301DL2012PTC237052 with its registered office at B61201, SA76, Sector 76, Gurgaon, Haryana 122001 (hereinafter "AglaSem" / "Company" / "We") AND those who use the Website (defined below) of the second part (hereinafter collectively referred to as "you", "yours" or "User").

The Terms shall govern use of and access to the website www.aglasem.com (the "Website") accessible through desktops, mobile phones, smart phones and tablets which includes the computer software, associated media, collaterals, and online or electronic documentation. AglaSem is the owner of the Website and by accessing, or otherwise using the Website, You agree to be bound by the Terms.

Please carefully go through these Terms and the Privacy Policy which together constitute a legal agreement ("Agreement") between you and the Company in connection with your access and use of the Website and the information offered thereunder. We request You to please read these Terms carefully and do not continue the use of the Website and/or information offered unless You agree fully with these Terms.

Make no action or omission

Anyone using this website should not take any action and/or omit to take any action based in whole or in part on information found on this website without first seeking the advice of the actual organization or other appropriate advisor.

Use of the Website by Users

  1. The Users may use this Website for getting updates and preparation material for school studies, entrance exams, college admissions, government jobs, talent search exams, Olympiads etc.
  2. By accessing the School section on the Website, the Users will have access to school study material of CBSE, ICSE/ISC, State boards, NCERT books and solutions, mock tests, class notes, sample papers, olympiads, educational videos, information pertaining to school admissions, access to resources such as text books, model question papers, syllabus and blue prints for each class.
  3. By accessing the Entrance Exams section, the Users have access to national, state and college-level entrance exams and admission dates, updates, preparation, query solving in relation to fields including law, medical, engineering and management. They also get access to information pertaining to various universities and colleges.
  4. By accessing the Recruitment section, the Users have access to information pertaining to government jobs, bank jobs, teacher eligibility tests, railway recruitment updates and preparation materials.
  5. Users may create an AglaSem account using their Google or Facebook account. You represent that you are 18 years or above, and that if you are a minor's parent or legal guardian, the account has been created by you on the minor's behalf. You represent that you have the legal authority to enter into and be bound by these Terms. You agree that You are the owner of all rights, including all intellectual property rights in the User Information that You post, create or upload. You hereby grant AglaSem a perpetual, non-revocable, worldwide, royalty-free license to make use of the User Information including the right to copy, distribute, display, reproduce, modify, adapt and create derivative works of the User Information, in order to offer the services available on the Website and to collate non-personal information for aggregate reports as envisaged in the Privacy Policy.
  6. You may use the Website to take free online mock tests for entrance exams, government recruitment exams, talent search exams and olympiads. You can analyse your strengths and weaknesses, compete with peers, and share knowledge with the AglaSem community.
  7. You will receive the latest news and updates of exams and jobs. Stay tuned with AglaSem to never miss a date or a critical piece of information.

Grant of rights

This Website is owned and operated by AglaSem. AglaSem owns all rights, title and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, patent and other proprietary rights in and to the Website, the present or future modifications/upgradations thereof and standard enhancements thereto. AglaSem represents that either AglaSem owns all rights, title and interest including all copyright in the content/information shared on the Website, or the said content/information is owned by their respective owners who have licensed the right to AglaSem.

The Company grants the User a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable license ("License") to use the Website and the information offered therein in compliance with the Terms. The Terms do not and shall not transfer any ownership or proprietary interest in the Website and/or products or services offered from the Company to You.

You may not:

  1. use the Website for time-sharing, rental or service bureau purposes;
  2. make the Website, in whole or in part, available to any other person, entity or business;
  3. modify the contents of the Website or use such content for any commercial purpose, or any public display, performance, sale or rental other than envisaged in the Agreement;
  4. modify the Website or combine the Website with any other website and/or software or services not provided or approved by AglaSem.

You will not deliberately use the Website in any way that is unlawful or harms AglaSem, our directors, employees, affiliates, distributors, partners and/or data or content on the Website.

Your use of this Website shall be subject to the following restrictions:

  1. You will not delete or modify any content on the Website including but not limited to legal notices, disclaimers or proprietary notices such as copyright or trademark symbols and logos that You do not own or have express permission to modify.
  2. You will not decompile, reverse engineer, or disassemble the software or source code in the Website, and will not remove any copyright, trademark registration or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to its operation or content.
  3. You will not use the Website in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.
  4. You will not engage in any form of antisocial, disrupting or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
  5. You will not host, display, upload, modify, publish, transmit, update or share any information that — belongs to another person and to which you do not have rights; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; 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 viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order or causes incitement to the commission of any cognizable offence.

You will immediately notify Us of any breach or suspected breach of the security of the Website of which You become aware, or any unauthorized use or disclosure of information within or obtained from the Website, and You will take such action to mitigate the breach or suspected breach as We may direct, and will cooperate with Us in investigating and mitigating such breach.

Price

At this stage the access to the Website and the offerings therein are free. AglaSem, however, reserves its rights to charge a fee for accessing the Website and/or the offerings therein in the future.

Disclaimer and exclusion of warranties

THE WEBSITE, AND THE INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE WEBSITE, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, REMOTE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF THE COMPANY HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS, INTERNET SERVICE PROVIDERS OR THE SYSTEM.

YOU ACKNOWLEDGE THAT OTHER USERS HAVE ACCESS TO THE WEBSITE AND THE INFORMATION THEREIN. SUCH USERS HAVE COMMITTED TO COMPLY WITH TERMS SET OUT WITH THEM AND OUR POLICIES AND PROCEDURES CONCERNING USE OF THE WEBSITE AND/OR INFORMATION THEREIN; HOWEVER, THE ACTIONS OF SUCH OTHER USERS ARE BEYOND OUR CONTROL. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR OR RELATING TO ANY IMPAIRMENT OF THE PRIVACY, SECURITY, CONFIDENTIALITY, INTEGRITY, AVAILABILITY, OR RESTRICTED USE OF ANY INFORMATION ON THE WEBSITE RESULTING FROM ANY USERS' ACTIONS OR FAILURES TO ACT.

WHILE IT IS OUR OBJECTIVE TO MAKE THE WEBSITE AND THE INFORMATION OFFERED THEREIN ACCESSIBLE AT ALL TIMES, THE WEBSITE AND/OR THE INFORMATION OFFERED THEREIN MAY BE UNAVAILABLE FROM TIME TO TIME FOR ANY REASON INCLUDING, WITHOUT LIMITATION, ROUTINE MAINTENANCE, NETWORK FAILURE OR SERVER ISSUES. IN ADDITION, VARIOUS PORTIONS OF THE WEBSITE OR THE INFORMATION OFFERED THEREIN MAY OPERATE SLOWLY FROM TIME TO TIME. YOU UNDERSTAND AND ACKNOWLEDGE THAT DUE TO CIRCUMSTANCES BOTH WITHIN AND OUTSIDE OUR CONTROL, ACCESS TO THE WEBSITE AND/OR THE INFORMATION OFFERED THEREIN MAY BE INTERRUPTED, SUSPENDED OR TERMINATED FROM TIME TO TIME. THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OF BUSINESS OR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION.

WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE CONSEQUENCES TO YOU ARISING BECAUSE OF YOUR USE OF THE WEBSITE OR THE INFORMATION OFFERED THEREIN.

Limitation of liability

IN NO EVENT SHALL THE COMPANY, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR THE INFORMATION OFFERED THEREIN; (II) ERRORS, MISTAKES OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE AVAILABLE ON THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER; OR (VII) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN THE EVENT THE COMPANY SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND THE COMPANY AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF THE SUBSCRIPTION FEES RECEIVED BY THE COMPANY FROM YOU IN THE PRECEDING TWELVE MONTHS IN CONNECTION WITH USE OF THE WEBSITE AND THE INFORMATION OFFERED THEREIN. YOU AND THE COMPANY AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK. YOU ACKNOWLEDGE THAT WITHOUT YOUR ASSENT TO THIS SECTION, THE COMPANY WOULD NOT PROVIDE ACCESS TO THE WEBSITE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, OR ACCESS TO, THE WEBSITE AND/OR THE INFORMATION OFFERED THEREIN; YOUR VIOLATION OF ANY PROVISION OF THE TERMS, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY OR INFRINGED ANY THIRD PARTY INTELLECTUAL PROPERTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITE.

Termination, modification and suspension

The Company may at any time, terminate its legal agreement with you if you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms). The Company may also terminate your Account if you fail to pay the Fees as and when applicable.

If you wish to unsubscribe from AglaSem you can send an email to support@aglasem.com. You may terminate this Agreement with the Company by discontinuing use of this Website.

We may update or change the Website and/or information provided therein from time to time and recommend that You review these Terms on a regular basis. Your continued use of the Website after the Terms have been updated or changed constitutes Your acceptance of the revised Terms.

Notwithstanding anything to the contrary in these Terms, We have the right, on providing notice to You, immediately to terminate, suspend, or amend your use of the Website, without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law; or (c) if performance of any term of these Terms by either Party would cause it to be in violation of law.

Upon termination of your Account, your right to use the Website shall automatically terminate. Upon termination, the Company retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted the Company hereunder shall remain in effect for that purpose.

Governing law and jurisdiction

The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the courts at Delhi shall have jurisdiction, subject to the Arbitration clause below.

Arbitration

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be New Delhi, India. The governing law of the Agreement shall be the substantive law of 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.

The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.

Copyright infringement take-down procedure

The Company has high regard for intellectual property and expects the same level of standard to be employed by the Users. The Company may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website to Users who infringe upon the intellectual property rights of others. If you believe that your work has been copied, uploaded and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at copyright@aglasem.com:

  1. identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
  2. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
  3. a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
  4. information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
  6. a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right.

Only the intellectual property rights owner is permitted to report potentially infringing items through the Company's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

Other websites

AglaSem may contain links to other websites. Please note that when you click on one of these links, you are entering another website or application over which we have no control and will bear no responsibility. Often these websites/applications require you to enter your personal information. We encourage you to read the privacy statements on all such websites/applications as their policies may differ from ours. You agree that we shall not be liable for any breach of your privacy of personal information or loss incurred by your use of these websites/applications. We are not responsible for the privacy policies and/or terms of use of other sites. These Terms of Use only govern use of the Website.

Events beyond our control

AglaSem shall have no liability to you for any failure to provide access to the Website and/or the offerings or any delay in doing so which is caused by any event or circumstance beyond our reasonable control including, without limitation, breakdown of systems or network access, flood, fire, explosion or accident or events deemed to be force majeure.

Amendments

We may vary these terms and conditions. Any variations become effective on posting on the Website. By making a purchase through this Website after the terms and conditions have been varied you agree to be bound by that variation.

Security

We take reasonable security measures and procedures, and as specified by applicable law, to maintain appropriate physical, technical and administrative security to help prevent loss, misuse, or unauthorized access, disclosure or modification of Personal Information. While we take these reasonable efforts to safeguard your personal information, you acknowledge and agree that no system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for the unauthorized use of your information or for any lost, stolen or compromised passwords, or for any activity on your Account via unauthorized password activity.

Waiver

The failure of AglaSem to exercise or enforce any right or provision of these terms and conditions does not constitute a waiver of such right or provision in that or in any instance.

Severability

If any provision of these terms and conditions is held to be invalid, unlawful, void or otherwise unenforceable, then that provision will be deemed severed from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.

Usage

The free version of any product/service can be used by the customer for an undefined extent of time up to and until the customer's satisfaction and/or termination of the free version availability. The premium versions of any product/service can be used by the customer only after purchase from the Company up to and until the period of availability as defined for the product/service; where not mentioned, the premium product/service can be used for an undefined extent of time.

Electronic communication

When you visit the website / app / chatbot or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website / app / chatbot. 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.

Refund rules

All payments, if any, made are non-refundable.

Grievance Officer

In accordance with the Information Technology Act 2008 and rules made thereunder, the name and contact details of the Grievance Officer are as follows: