Terms of Use

The website www.edumarshal.com along with the ‘Edumarshal’ mobile applications (“Website“) is an internet based portal owned and operated by Ecanvas Private Limited (“Company” or “Edumarshal“), a company incorporated under the Companies Act, 1956 with its registered office at FLAT NO.14072, PLOT NO- GH-03,, SECTOR-16C, 16TH AVENUE, GAUR CITY-2, GREATER NOIDA (WEST), Gautam Buddha Nagar, Uttar Pradesh, India, 201009. The Company is engaged in the business of developing, marketing and operating a cloud-based platform for educational institutions including schools, colleges, tuition centers etc. (“Institutions”) that provides the Institutions with software solutions.

The access to the Website and the Services are offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms of Use, along with the Privacy Policy, Copyright Policy, Disclaimer and applicable terms and conditions such as Terms and Conditions as displayed on the Website (“Additional Terms“) and any amendments made to it by the Company at its sole discretion and posted on the Website. Accessing the Website through any medium, including but not limited to accessing the website through mobile phones, smartphones, and tablets, are also subjected to these Terms of Use and Additional Terms. At the time of Registration, You will be required to comply with the Terms and Conditions.

The Company shall not be required to notify You, whether as a user or not, of any changes made to the Terms of Use and/or Additional Terms. The revised Terms of Use and/or Additional Terms shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use and/or Additional Terms made available on the Website at the time of such use. You are requested to regularly visit the home page of Website to view the most current Terms of Use and/or Additional Terms. You can determine when the Company last modified the Terms of Use and/or Additional Terms by referring to the “Last Updated” section of the document. It shall be Your responsibility to check these Terms of Use and/or Additional Terms periodically for changes. Your continued use of the Website, following changes to the Terms of Use and/or Additional Terms, will constitute Your acceptance of those changes.

By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and/or Additional Terms as applicable and available on the Website. If You do does not so agree to the foregoing, You are prohibited from accessing or using the Website. If You do does not agree to any of the provisions set forth in the Terms of Use and/or Additional Terms, kindly discontinue viewing or participating in this Website immediately.

The Website and/or its services are not available to minors under the age of eighteen (18) or to any users suspended or removed from the Edumarshal system by the Company for any reason whatsoever. If You do not conform to the above qualification, You shall not avail the services or use the Website.

On using the Website, You represent that You are of legal age to form a binding contract and are not a person barred under the laws as applicable in India and/or by the Company. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, of unsound mind are not eligible to use the Website. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may browse the Website or avail the services through Your legal guardian in accordance with the applicable laws.

You need not register with Edumarshal to simply visit and view the Website, but to access and avail the services provided by Edumarshal, You will need to register and create a password-protected account (“Account“).

The Company reserves the right to refuse access to use the Website to users or to terminate access granted to existing users at any time without according to any reasons for doing so.

Subject to compliance with the Terms of Use and/or Additional Terms, the Company grants You a non-exclusive, limited license to access and use this Website. This license does not include amongst others any downloading or copying of any Information for the benefit of another user or any third party. You may not bypass any measures used by the Company to prevent or restrict access to the Website. Any unauthorized use by You shall terminate the permission or license granted to You by the Website.

You agree to use the Website and the Services offered on the Website only for purposes that are permitted by (a) the Terms of Use and/or Additional Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You acknowledge and agree that by accessing or using the Website, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. The Company can not control the information provided by users which are made available on the Website. The Company disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content to the Grievance Officer.

If Website allows You to post, upload, project any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

• Defame, abuse, harass, threaten or otherwise violate the legal rights of others.
• Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with person or entity.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword.
• Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents or involve the sale of counterfeit or stolen items.
• Upload or distribute files that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate Website or any system, data or personal information.
• Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website).
• Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Edumarshal server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means.
• Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to the Website, or any other customer of Edumarshal, including any Edumarshal Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website.
• Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites.
• Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.
• Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that belongs to another person and to which You do not have any right.
• Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
• Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that harm minors in any way.
• Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that threatens 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 any other nation.
• Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
• Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use and/or Additional Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Edumarshal or other third parties.
• Conduct or forward pyramid schemes, junk emails, chain letters, or unsolicited mass mailing or spamming.
• Download any file posted by another User of a Service that You know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
• Violate any applicable laws or regulations for the time being in force within or outside India.
• Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website; and.
• Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

You agree that You are solely responsible to the Company for any breach of Your obligations under the Terms of Use and/or Additional Terms and for the consequences (including any loss or damage which the Company or its affiliates or its Users or any third party may suffer) of any such breach.

You agree that the Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website if any or offer opportunities to some or all Website users.

“Your Information” is defined as any information You provide to the Company or other users of the Website during Your access or use of the Website. You are solely responsible for Your Information, and the Company acts only as a passive conduit for the online distribution and publication of Your Information.

The Company shall have the right to use Your Information as provided by You and such usage of Your Information by the Company does not amount to a violation of any rights You might have in Your Information. You agree to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) that You may have in Your Information, in any media now known or not currently known, with respect to Your Information. The Company will only use Your Information in accordance with the Terms of Use and/or Additional Terms.

In the event that any content, information and/or transaction on the Website which is in violation of this Terms of Use and/or Additional Terms and/or applicable law comes to Your knowledge, You shall take all steps to inform the Grievance Officer.

The Company is not responsible for any non-performance or breach of any contract entered into between users. The Company can not and does not guarantee, warrant, assure or ensure that the users will perform, undertake, consume or conclude any transaction concluded on the Website. The Company shall not and is not required to mediate or resolve any dispute or disagreement between users.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of the Website and Services. You shall not engage in any transaction, which is prohibited by the provisions of any applicable law.

You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any services being provided through the Website by the Providers.

You hereby acknowledge and agree that the Company shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any User or third party and that the risk of harm or damage from the same rests entirely with You.

Edumarshal trademarks, logos, images, service marks, trade names (collectively the “Trademarks”) and other distinctive branding features displayed on the Website or on content available through the Website are registered and unregistered Trademarks of the Company and shall not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by the Company that appears on the Website or on or through the Website’s Services, if any, are the property of their respective owners. Your misuse of the Trademarks displayed on the Website or on or through any of the Website’s Services is strictly prohibited.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns, solely and exclusively, all intellectual property rights in and to the trademark “Edumarshal” and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks (“Content“). Your use of the Website does not grant to your ownership of any content, code, data or materials You may access on or through the Website.

Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless You have received the express prior written permission from authorized personnel of the Company or the otherwise applicable rights holder. Other than as expressly allowed herein, You shall not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. You further agree that You shall not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that You do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If You make other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, You may violate copyright and other laws of India, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Any rights not expressly granted herein, are reserved to Edumarshal. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Website. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Website.

The Website makes available general third party information such as advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content“). Similar Third Party Content would also be available to You on the email received by You from Edumarshal. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. The Company does not provide any guarantee with respect to any of the Third Party Content and the Company shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.

The Website, Services, and other materials are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Website or the Services will meet Your requirements or Your use of the Website or the Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, Services or materials will be effective, accurate or reliable; (iii) the quality of the Website, Services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, Services or other materials will be corrected. No advice or information, whether oral or written, obtained by You from the Company or through or from use of the Website shall create any warranty not expressly stated in the Terms of Use and/or Additional Terms.

To the maximum extent permitted by applicable law, the Company will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.

The Company has endeavored to ensure that all the information on the Website is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Further, the Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the Company’s control. The user understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. The Company accepts no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties.

The Company shall is not liable for any third party product or services. The advertisement available on e-mail or Website with respect to the third party website or the products and services are for information purpose only.

You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use and/or Additional Terms. Further, You agree to hold the Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website or any claim that You caused damage to a third party, Your violation of the Terms of Use and/or Additional Terms, or Your violation of any rights of another, including any intellectual property rights. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

In no event shall the Company, respective officers, managers, directors, employees, members, successors, assigns, subsidiaries, affiliates 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 access to or use of the Website.
• b) Errors, mistakes or inaccuracies of data, marks, content, information, materials or substance of the Website or submitted content.
• c) Any unauthorized access to or use of the secure servers and/or any and all personal information and/or financial information stored therein.
• d) Any viruses which may be transmitted through the Website by any third party.
• e) Any interruption or cessation of transmission to or from the Website.
• f) Any errors or omissions in any data, content, information, materials or substance of the Website or submitted content.
• g) Any disputes that may arise between the Users on the Website.
• h) Any defamatory, offensive or illegal conduct of any User.
• i) Any use of any data, marks, content information, materials or substance of the Website or submitted content posted, emailed, transmitted or otherwise made available on or through the Website.
• Notwithstanding anything to contrary, the Company’s entire liability to You under this Terms of Use or otherwise shall be to the extent as described in the Terms and Conditions.
• The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

The Company may at any time at its sole discretion refuse access, restrict, suspended or terminate any user and block such user from visiting the Website. A user that has been suspended or blocked may not register or attempt to register with Edumarshal or use the Website in any manner whatsoever until such time that such user is reinstated by the Company. Notwithstanding the foregoing, if You breach the Terms of Use and/or Additional Terms, the Company reserves the right to recover any amounts due and owing by You to the Company and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You or obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have against You in law or in equity.

You may be able to link from the Website to third party websites and third party websites may link to the Website (“Linked Sites“). You acknowledge and agree that the Company has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of the Company.

Links to Linked Sites do not constitute an endorsement or sponsorship by the Company of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.

10.3 You are not permitted to link directly to any image hosted on the Website or the Company’s Services, such as using a “in-line” linking method to cause the image hosted by the Company to be displayed on another website.

10.4 You agree not to download or use images hosted on this Website or Linked Sites, for any purpose, including, without limitation, posting such images on another site.

10.5 The Company reserves all of Edumarshal’ rights under the law to insist that any link to the Website be discontinued, and to revoke Your right to link to the Website from any other website at any time upon written notice to You.

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Edumarshal in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to you.

The governing law of the Terms of Use and other Additional Documents shall be Indian law.

All notices of the Company will be served by email or by general notification on the Website. Any notice provided to the Company pursuant to the Terms of Use and/or Additional Documents for inter alia feedback purposes should be sent to info@edumarshal.com or the Corporate Office address of the Company.

14.1 You cannot assign or otherwise transfer the Terms of Use and/or Additional Terms, or any rights granted hereunder to any third party. The Company’s rights under the Terms of Use and/or Additional Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.

15.1 If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use and/or Additional Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use and/or Additional Terms shall continue in full force and effect.

16.1 Any failure by the Company to enforce or exercise any provision of the Terms of Use and/or Additional Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.

17.1 When You visit the Website or send e-mails to the Company or give Your feedback, You are communicating with the Company electronically. You consent to receive communications from the Company electronically. The Company will communicate with You by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that the Company provides to You electronically satisfy any legal requirement that such communications be in writing.

18.1 The Company shall have no liability to you for any interruption or delay in access to the Website irrespective of the cause.

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith

Mr./Ms. ______________

Address_______________

Email: _______________________

Phone: ______________________

In case You have any concern/grievance with respect to the contents on the Website and/or if there has been violation of this Terms of Use and/or the Privacy Policy, You may contact the Grievance Officer vide a written complaint to be sent via email.

This Terms of Use is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 and rules made thereunder.