TERMS AND CONDITIONS

Last updated: 2020-07-01

Welcome to KNOWLEDGE AXIS (“Company”, “we”, “our”, “us”)!

1. Introduction

a. The terms “We” / “Us” / “Our” / “Company” individually and collectively refer to Knowledge Axis and the terms “Visitor” / “User” refer to the users.

b. These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at www.knowledgeaxis.in or other websites (together or individually “Service”) operated by KNOWLEDGE AXIS.

c. Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

d. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

e. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@knowledgeaxis.in so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

2. Communications

a. By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support@knowledgeaxis.in.

3. Purchases

a. If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

b. You represent and warrant that:

i. you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that

ii. The information you supply to us is true, correct and complete.

c. We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

d. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

e. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Contests, Sweepstakes and Promotions

a. Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

5. Refunds

a. Payments once made or fees once paid are non-refundable and non-adjustable

6. Content

a. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

b. By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

c. You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

d. KNOWLEDGE AXIS has the right but not the obligation to monitor and edit all Content provided by users.

e. In addition, Content found on or through this Service are the property of KNOWLEDGE AXIS or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

7. Prohibited Uses

a. You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

b. In any way that violates any applicable national or international law or regulation.

c. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

d. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

e. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

f. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

g. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

h. Additionally, you agree not to:

i. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

ii. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

iii. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

iv. Use any device, software, or routine that interferes with the proper working of Service.

v. Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

vi. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

vii. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

viii. Take any action that may damage or falsify Company rating.

ix. Otherwise attempt to interfere with the proper working of Service.

8. Analytics

a. We may use third-party Service Providers to monitor and analyse the use of our Service.

9. No Use By Minors

a. Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

10. Intellectual Property

a. Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of KNOWLEDGE AXIS and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of KNOWLEDGE AXIS.

11. Error Reporting and Feedback

a. You may provide us either directly at support@knowledgeaxis.in or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that:

i. you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;

ii. Company may have development ideas similar to the Feedback;

iii. Feedback does not contain confidential information or proprietary information from you or any third party; and

iv. 10Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

12. Links To Other Web Sites

a. Our Service may contain links to third party web sites or services that are not owned or controlled by KNOWLEDGE AXIS.

b. KNOWLEDGE AXIS has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

c. You acknowledge and agree that company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

d. We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.

13. Disclaimer Of Warranty

a. These services are provided by company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.

b. Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

c. Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

d. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

e. Knowledge Axis makes no representations about the results to be obtained from using the website, the Knowledge Axis systems, the services, the information or the content. The use of same is at your own risk. The website, the Knowledge Axis systems, the information, the services and the content are provided on an "as is" basis. Knowledge Axis, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose. Knowledge Axis and its affiliates, licensors and suppliers make no representations or warranties concerning the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the web site or the Knowledge Axis systems. No information obtained by you from the website shall create any warranty not expressly stated by Knowledge Axis in these terms of use.

14. Limitation Of Liability

a. Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage.

b. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.

c. User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages. User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service.

d. In sum, in no event shall Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action, explicitly subject to the condition that the said amount was not collected by the company on behalf of any other institution / company vide the agreement between Knowledge axis and that company / institution. In which case Knowledge axis will not have any liability at all.

e. We will not be liable to you for events outside our control which we could not have foreseen or prevented even if we had taken reasonable care.  Events outside our control include industrial action, over or under demand from students, staff illness, significant changes to Higher Education funding, severe weather, fire, civil disorder, political unrest, government restrictions and concern with regard to the transmission of serious illness.

15. Restrictions on use of the website:

a. In addition to other restrictions set forth in these Terms of Use, You agree that:

i. You shall not disguise the origin of information transmitted through the Web Site.

ii. You will not place false or misleading information on the Web Site.

iii. You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by KNOWLEDGE AXIS.

iv. You will not input or upload to the Web Site any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property rights of another.

v. Certain areas of the Web Site are restricted to customers of KNOWLEDGE AXIS.

vi. You may not use or access the Web Site or the KNOWLEDGE AXIS Systems or Services in any way that, in KNOWLEDGE AXIS's judgment, adversely affects the performance or function of the KNOWLEDGE AXIS Systems, Services or the Web Site or interferes with the ability of authorised parties to access the KNOWLEDGE AXIS Systems, Services or the Web Site.

vii. You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of KNOWLEDGE AXIS.

16. Termination

a. We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

b. If you wish to terminate your account, you may simply discontinue using Service.

c. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

17. Governing Law

a. These Terms shall be governed and construed in accordance with the laws of Mumbai, India, which governing law applies to agreement without regard to its conflict of law provisions.

b. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

18. Changes To Service

a. We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

19. Amendments To Terms

a. We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

b. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

c. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

20. Waiver And Severability

a. No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

b. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

21. Acknowledgement

a. By using service or other services provided by us, you acknowledge that you have read and fully understand these terms of service and agree to be bound by them.

22. Contact Us

a. Please send your feedback, comments, requests for technical support by email: support@knowledgeaxis.in.