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Our User Agreement

Legal Information


1. This User Agreement includes, inter-alia, all the rights, remedies and obligations between the parties, the limitations and exclusions and also the governing law and dispute resolution agreement.

 

2. Although a minor can use the site as a user/nominated user, registration and payment process to any facility at the site should be completed by a parent/guardian or any other person who is of a legal age to enter into a contract on behalf of the user.

 

3. You or the nominated user, by accepting the User Agreement and registering yourself with the Site shall be granted a permissive, limited, non-exclusive license to access and use the Site, in accordance with this User Agreement, upon payment of applicable Charges for and in accordance with the terms and conditions for different facilities available on the Site.

 

4. To use any facility on the Site, you will first need to register on the Site by giving the details as asked for. On such registration, you will be given an account name and password.

 

5. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration from (such information being "Your Data"), and maintaining and promptly updating Your Data to keep it true , accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use or access of the Site (or any portion thereof) without any liability to you.

 

6. For information about our data protection practices, please read our Privacy Policy at the URL: Privacy Policy before proceeding any further. The use of the Site is governed by our Privacy Policy. This policy explains how we shall treat your personal information, and protect your privacy, when you use the Site. You agree to the use of Your Data in accordance with our Privacy Policy. The terms of the Privacy Policy are incorporated herein by specific reference and shall be deemed to constitute a part of this User Agreement. In the event of any inconsistency, the terms of this User Agreement shall prevail.

 

7. Without limitation to the terms and conditions set forth in our Privacy Policy, you understand and agree that we may disclose personally identifiable information or data/ Your Data if required to do so by law or in the good faith and belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of the Company, of our users, and /or the public.

 

8. You are solely responsible for maintaining the confidentiality and secrecy of your account(s), password, for restricting access to your computer or mobile device and for all activities and liabilities associated with or occurring under account (s) and password (s) including Your Data. You will not share your account or any information related therewith with aother person(s). The account is neither transferable nor assignable. You will be fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with your obligations. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to THE AYDIN website.

9. You will have to pay the Charges in accordance with the terms mentioned for each facility that you may choose to avail, as published on the Site. The Charges may be changed at any time with a prior notice. All the charges will be non-refundable.

 

10. You must at your cost and expense obtain, maintain and provide all equipment necessary to use the Site, including a computer and modem, mobile telephone or aother appropriate access device. You acknowledge that you are solely responsible for the set-up, configuration or compatibility of the hardware, software and other equipment used by you for obtaining access and use of the Site. If any alteration in the whole or any part of the Site requires changes in your hardware, software or other equipment, you must effect these changes at your own cost and expense.

 

11. In order to provide you with easy access to your account, we will place a cookie (a small text file) on any computer from which you access the Site. This cookie is used to identify you throughout the Site. This cookie will be destroyed when you close the browser or log out of the Site.

 

12. You understand and accept that use or access of the Site is entirely at your own risk.

 

13. The use or access of the Site is permissive. We reserve the right to withhold our permission to the access or use of the Site in the event that you fail to pay any part of the Charges as and when the same becomes payable or if in our opinion the use or access of the Site by the nominated user is in any way harmful or if there is any misuse or unauthorized use of the Site by the nominated user.

 

14. We shall endeavour to provide 24x7 Site availability. However, the nominated user may not at all times be able to use or access the Site or use the facilities. This may happen due to various reasons. No claim shall be made against us for the failure of technology, inability to connect to the Site, inability to receive or submit content or to use the facilities or any one of them. In case of any such event taking place you can send us an e-mail us at info@theaydin.in or contact us at +91 8586081098 and we shall take all possible measures to address the problem at hand.

 

15. We use a combination of proprietary technology and licensed products that require collaboration with third parties. Although due care has been taken in integrating the solution and it is our endeavor to maintain continual access, we do not guarantee 100% uptime.

 

16. You have authorized us to record, save and preserve for as long as we desire, without in any manner being obliged to do so, the interactive session of the nominated user on our Site while using any facility.

 

17. You agree that we are only providing the Site. All persons, except where expressly stated otherwise in writing, with whom the nominated user shall be interacting with on the Site while using or accessing the same including the facilities, are third party contractors (includes without limitation Gurus, teachers, consultants, counselors, etc.) who have been engaged to, as far as possible, assist the nominated user with their individual requirements. The third party contractors are not our agents, employees, representatives etc. We make no representation and give no warranty in respect of such third party contractors, or any of them, in any respect. We do not in any manner represent, assure or warrant that with the use or access of the Site and/or the interactive session of the nominated user with any third party contractor the nominated user would gain some special advantage or make him/her perform better than what he/ she was already doing and/or that the nominated user would maintain or sustain his/her current performance. We have no control either on the nominated user or on the content they submit. We do not endorse or certify as correct any view, information, content etc. submitted or given by the third party contractor or other users or contained in any site or page, the link of which is given by them (third party contractor) or other users. You will not hold us responsible for your reliance on such views, information, content etc., which shall be at your sole risk. You are not in any way obliged to rely upon or to follow or act upon or to omit to do something on the basis of such view, information, content etc. submitted or given by the third party contractor or other users or contained in any site or page, the link of which is given by them (third party contractor) or other user.

 

18. Although reasonable care, considering the Charges being paid by the nominated user, has been taken to engage third party contractors we cannot, in any manner be responsible for them or their performance or behavior or the content submitted by them. Should the nominated user at any point of time feel that the third party contractor is not good or the conduct of such third party contractor is not acceptable or is objectionable we should be notified without promptly without any delay and we shall take all steps to resolve the concern of the nominated user.

 

19. We are not going to monitor the content. We have no control over the content that will be submitted or exchanged between the third party contractor and the nominated user. You and the nominated user agree not to hold us responsible, in any manner, for the content. You and the nominated user alone are responsible for the content you submit on the Site. We are neither responsible for the content submitted by you or for that submitted by any third party contractor. In case, you find any content objectionable bring it to our notice and we will after evaluating whether or not it is objectionable, take suitable preventive measures, as far as possible, to avoid the same.

 

20. Where the nominated user is a minor, we strongly advise parental control.

 

21. You or the nominated user shall use the Site for permitted and lawful purposes only. You and the nominated user are solely responsible for the knowledge of and adherence to all applicable laws, rules, and regulations pertaining to your use of the Site. You agree that you and the nominated user will not in any way:

 

(i) Engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site) or interferes with the ability of others to access or use the Site.

 

(ii) Disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users ability to access or use the Site or the services.

 

(iii) Claim a relationship with or to speak for any individual, business, association, institution or other organization for which you are not authorized to claim such a relationship.

 

(iv) Claim any relationship with the Site, us, owners, THE AYDIN, THE AYDIN representatives, employees etc.

 

22. You and the nominated user agree that you will treat all third party contractors and other users of the Site with respect and not use obscenities on the Site, make threats, or discuss matters other than those directly related to the subject matter of the facility concerned . You agree that you will neither solicit any personal information or any other information unrelated to the facility for which the third party contractor is assisting you, from any third party contractor nor shall you disclose any such information to them or any of them. If any third party contractor ever discloses such information to you or asks you to disclose such information you agree to immediately report this to us by phone and in writing. Neither shall you ask the third party contractor for any offline meeting or conversation (includes any conversation or meeting other than on the Site) or would you agree to any such request by any third party contractor. You shall promptly notify us in writing and by phone if any such request is made by any third party contractor.

 

23. You shall not reproduce, duplicate, copy, sell, trade or resell the Site or its contents for any purpose.

 

24. Although as an online service provider, we are not responsible for the conduct of our users or of the third party contractors, we want the Site to be a safe place on the internet. Therefore, in using the Site you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Site to:

 

a. Use or access the Site in any manner, directly or indirectly, other than what is permitted by us.

 

b. Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

 

c. Harm minors.

 

d. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes, but is not limited to:

 

(i) Using the Site to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission.

 

(ii) Sending messages to distribution lists, newsgroup aliases, or group aliases.

 

e. Harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

 

f. Use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.

 

g. Use automated scripts to collect information from or otherwise interact with the Site.

 

h. Register for more than one user account, register for a user account on behalf of an individual other than yourself or the nominated user, or register for a User account on behalf of any group or entity or for any person who is not a natural individual.

 

i. Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, uploading photographs of celebrities in your profile, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.

 

j. Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

 

k. Solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes.

 

l. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

 

m. Intentionally or unintentionally violate any applicable local, state, national or international law.

 

n. Upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

 

o. Intimidate, stalk or harass another.

 

p. Use or attempt to use another's account, service or system without authorization from us, or create a false identity on the Site.

 

q. Commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Site or otherwise, and

 

r. Upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or accessing enjoying the Site, or which may expose us or its users to any harm or liability of any kind.

 

25. You agree that in using the Site, you and the nominated user will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos or may amount to infringement of any such rights, you and the nominated user alone shall be responsible for any claims in this regard.

 

26. You and the nominated user are yourself responsible for protecting and enforcing any intellectual property rights in the content you submit on the Site. We are not responsible for protecting or enforcing the said rights, if any. We do not admit or acknowledge any such rights.

 

27. The Site or third parties (including other users and third party contractors) may provide, links to other World Wide Web or other online electronic sites or resources. You acknowledge that we neither have control over such sites and resources nor are we responsible for the availability of such external sites or resources. We neither endorse and nor are we responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, links, goods or services available on or through any such site or resource.

 

28. All the content on THE AYDIN website including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of THE AYDIN, or its suppliers and is protected under applicable intellectual property laws and/or common law. The compilation of all content on this Site is the exclusive property of THE AYDIN and is protected under applicable intellectual property laws and/or common law. Content shall not be reproduced without express written permission from THE AYDIN, or its suppliers.

 

29. We grant you or the nominated user a personal, non-transferable and non-exclusive right and license to use the Site on a single computer; provided that you and the nominated user do not (and do not allow any third party to) to directly or indirectly copy, modify, create a derivative work of, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or available through the Site. You agree not to modify the Site in any manner or form, or to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site. You agree not to insert any code or product or to manipulate the content of THE AYDIN website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. THE AYDIN reserves the right to terminate your membership hereunder if THE AYDIN, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of the content provided to you by us or the copying or unauthorized use of our proprietary content. The use of THE AYDIN service is solely for your personal and non-commercial use.

 

30. You agree not to 'frame' or 'mirror' any content or third-party content contained on or accessible from this Site on any other server or Internet-based device.

 

31. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to:

 

a. Comply with the legal process.

 

b. Enforce the terms of the User Agreement.

 

c. Respond to claims that any Content violates the rights of third parties.

 

d. Respond to your requests for customer service, or

 

e. Protect the rights, property, or personal safety of THE AYDIN, its users and the public.

 

33. No Site Content may be modified, enhanced, edited, altered, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact. Except for your own use, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement, and does not include the use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and the applicable communications regulations and statutes. Nothing in this Agreement shall be construed as conferring on you or on the nominated user any license to intellectual property rights, whether by estoppels, implication or otherwise. This license to use or access the Site is revocable at any time without notice, and with or without cause.

 

34. THE AYDIN may provide you with access to some parts of the Site without you registering as a user. In that case, your identification is based on other means of identification that we deem appropriate. In appropriate cases, identification may be based on data identifying your mobile telephone or communications subscription number/IP address provided by your network operator. You agree that such information may be collected and disclosed to us and used by us. However, you have no right to access or use the Site or to continue doing so without complying with the registration procedure and making the payment of Charges.

 

35. You understand that all information which you or the nominated user may have access to as part of, or through your use of, the Site are the sole responsibility of the person from which such content originated and we are in no way responsible for the same.

 

36. You agree that you and the nominated user are solely responsible for (and that we have no responsibility to you or to any third party for) any content that you create, transmit or display while using the Site and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.

 

37. THE AYDIN reserves the right (but we are not obliged) to read, edit, amend, add to or otherwise screen submissions to ensure compliance with the User Agreement and the intended use of the Site.

 

38. THE AYDIN reserves the right (but we are not obliged) to block or remove submissions which in our sole opinion breach the User Agreement or do not comply with the intended use of the Site.

 

39. THE AYDIN takes no responsibility for any software or other materials whatsoever provided by you for inclusion on the Site that is lost or damaged in transit or during loading onto the Site. No material will be returned and it is your responsibility to forward only duplicate material for inclusion on the Site.

 

40. Recognizing the global nature of the Internet, you agree to comply with all applicable laws, statutes, regulations, rules and codes regarding online conduct and acceptable Content and use of relevant Channels.

 

41. THE AYDIN reserves the right to terminate or restrict your or the nominated user's license to use or access the Site without notice, for any or no reason whatsoever. In case, THE AYDIN terminates your or the nominated user's license to use or access the Site for any reason attributable to you or the nominated user, which reason will include but shall not be limited any breach of the terms of the User Agreement, then, you shall not be entitled to and shall not claim any refund of Charges paid by you.

 

42. On the completion of the duration for which you, have paid Charges, your right to use or access the Site shall come to an end unless you pay the applicable Charges and renew the license to such use or access.

 

43. Termination of your use and access license shall not absolve you or the nominated user of the accrued liabilities/ obligations in terms of the User Agreement.

 

44. On termination of your or the nominated user's license to use or access the Site, you shall forthwith discontinue any use or access to or of the Site, directly or indirectly, in any manner whatsoever, regardless of any dispute about the legality or validity of the termination. Your user account and password shall be de-activated. Any use or access of the Site shall be illegal and unauthorized and you shall be liable to compensate us for the same.

 

45. By accepting this User Agreement, you agree to indemnify and otherwise hold harmless THE AYDIN, from any direct, indirect, incidental, special, consequential or exemplary damages resulting from:

 

(i) Your use of the Site.

 

(ii) unauthorized access to or alteration of your communications with or through the Site, or

 

(iii) any other matter relating to the Site. Any business transactions which may arise between users from their access or use of Site are the sole responsibility of the users involved.

 

46. By using THE AYDIN service, you consent to receive electronic communications from THE AYDIN. These communications may include information about your account and information concerning or related to the Site, such as featured content or other announcements, or offerings. These communications are part of your relationship with THE AYDIN and you receive them as part of THE AYDIN subscription. We may also provide notices of changes to the User Agreement or other matters by displaying notices or links to notices generally on the Site. Notices to you may be made via email, mobile SMS or regular mail or by simply posting them on the Site. You agree that such notices by email, mobile SMS or regular mail, and such display of notices or links to notices generally on the Site, will constitute sufficient and adequate notice to you of the matters contained therein and will satisfy any legal communication requirements, including that of such communication is in writing.

 

47. THE AYDIN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice, for any reason whatsoever, whether generally or limited to you only. You agree that we shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the Site, except as otherwise expressly provided in the User Agreement. We may at our sole option and discretion, without being obliged to do so, add the facilitates on the Site or withdraw any or all the facilities existing or added by us on the Site, at any time, without any notice.

 

48. You hereby indemnify and agree and undertake to at all times keep us and our directors, staff, employees, agents, representatives, managers etc. indemnified, without any limitation, for any cost, expenses, damages, loss etc. we or any one of us may suffer or incur due to any and all claims, demands, disputes, etc. made or raised by any person (s) on account of your and/or the nominated user's direct or indirect use or access of the Site or submission or receipt of Content and/or breach of any term of the User Agreement.

 

49. You understand and agree that THE AYDIN is providing the Site on an "as is" and "as available" basis and that we do not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users including nominated users and third party contractors. THE AYDIN assume no responsibility for the accuracy or existence of any communications between users including nominated users and third party contractors. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. THE AYDIN makes no warranty that:

 

(i) The Site will meet your requirements.

 

(ii) The Site use or access will be uninterrupted, timely, secure, or error-free.

 

(iii) The results that may be obtained from the use of the Site will be accurate or reliable.

 

(iv) The quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, and

 

(v) Any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from or through the use or access of the Site shall create any warranty not expressly stated in this User Agreement.

 

50. THE AYDIN provides the Site in good faith but makes no representations or warranties that the content and submissions on the Site are true, reliable, accurate or complete, or of their usefulness for any particular purpose. THE AYDIN makes no representation and do not give any warrant that the Site or Content will be free from viruses or other harmful properties. It is your responsibility to implement satisfactory safeguards and procedures to make sure any files you obtain through the Site or Contact are free from such contaminations or viruses or other harmful properties. You acknowledge and agree that you bear full responsibility for the use you make of all content and submissions on the Site and that THE AYDIN shall not be liable for any action that you or others take or do not take based on your use of or reliance on information provided by us or other users of this Site.

 

51. The effect of what is set out here is that you agree that under no circumstances will THE AYDIN be held liable for any direct, indirect, incidental, foreseeable, unforeseeable or consequential or another type of loss, injury, claim, liability or damages of any kind resulting from your direct or indirect use or access to or of the Site. You acknowledge that the disclaimers and exclusions of liability set forth in the User Agreement represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.

 

52. The User Agreement and the relationship between you and us shall be governed by the laws of India without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts located at New Delhi, India alone.

 

53. Any and all disputes arising out of or in relation to or in connection with the User Agreement or in relation to the use or access of the Site by you or the nominated user shall be referred to the arbitration of a sole arbitrator. The sole arbitrator shall be appointed/ nominated by THE AYDIN alone. The award of the sole arbitrator shall be final and binding on the parties. The arbitration proceedings shall be conducted in accordance with the Arbitration & Conciliation Act, 1996 or any re-enactment or modification thereof for the time being in force. The language of proceedings shall be English or Hindi. The venue of arbitration proceedings shall be New Delhi, India.

 

54. The failure or forbearance by us to exercise or enforce any right or provision of the User Agreement or any partial exercise or enforcement of such right shall not constitute a waiver of such right or provision or any part thereof. If any provision of the User Agreement is found by the arbitrator to be invalid, the parties nevertheless agree that the arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect.

 

55. THE AYDIN controls and operates this Site from India. If you use this Site from outside India, you are entirely responsible for compliance with all applicable local laws, rules, regulations etc.

 

56. This User Agreement constitutes the entire agreement between you and us and governs your and the nominated user's use and access to the Site, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. All prior agreements, undertakings, negotiations or representation, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety.

 

57. If you have any questions or feedback about this statement or any privacy issues concerning, please send us an email at info@theaydin.in

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The word “Aydin” has been borrowed from the Turkish language which means enlightenment. In today’s world of globalization, we aim to create a platform where we can connect people all around the world from different educational backgrounds.

Contact Us

We’re always open to talk to good people

  186 Ground Floor, Sector 5, Ganga Lana
Vaishali, Ghaziabad, UP
India
  info@theaydin.in
  +91 8586061098

Copyright © The Aydin 2019. All Rights Reserved.