Terms and Conditions

Understanding your rights and responsibilities as an EduKare User

Terms of Use

This page states the “Terms of Use” under which You may use EduKare.com, an online one-stop solution for all educational needs for students.

These Terms of Use include the EduKare Privacy Statement which is incorporated into these Terms of Use by reference. By using EduKare.com, You are indicating Your acceptance to be bound by these Terms of Use, including the EduKare Privacy Statement.

Please read this page carefully. If You do not accept the Terms of Use stated herein, do not use the website and its services. By using EduKare.com, You are indicating Your acceptance to be bound by the provisions of these Terms of Use. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this website for any reason.

EduKare may revise these Terms any time by posting an updated version to this webpage. You should visit this page periodically to review the most current Terms because they are binding on You.

Users who violate these Terms may have their access and use of the EduKare Sites suspended or terminated, at EduKare’s discretion.

Eligibility

By agreeing to these Terms of Use, you represent that you are legally competent to enter into an agreement and provide consent to these Terms of Use. You further represent that

  1. You are of sound mind.
  2. By agreeing to these Terms of Use, you represent that you are legally competent to enter into an agreement and provide consent to these Terms of Use. You further represent that
  3. You are not prohibited from entering into a legally binding contract as per applicable laws.

In case the Platform is being accessed and the Services are being availed for the benefit of a minor, you expressly confirm that you are legally competent to provide consent on behalf of such a minor and that the minor’s use of the Platform and/or the Services shall be subject to the Terms of Use.

Use of EduKare Content

EduKare authorizes You, who are subject to these Terms, to view a single copy of the content available on or from EduKare.com and to access, use, download and print a single copy of the content available on or from all the EduKare Site solely for Your personal, non-commercial use. The contents of EduKare.com, and of all other websites under the Company’s control, whether partial or otherwise (EduKare.com and such other websites are sometimes collectively referred to as the “EduKare Sites”), such as designs, text, graphics, images, videos, various pieces of information, logos, button icons, software, audio files and other EduKare content (collectively, “EduKare Content”), are protected under both India and foreign copyright, trademark and other laws. All EduKare Content is the property of EduKare or its licensors. The compilation (meaning the collection, arrangement, and assembly) of all content on the EduKare Site is the exclusive property of EduKare and is protected by Indian and international copyright, trademark, and other laws. Unauthorized use of the EduKare’s Content may violate these laws and/or applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyrights, trademarks, service marks and other proprietary notices contained in the original EduKare Content on any authorized copy that You make of the EduKare Content. You may not sell or modify, reproduce, display, perform publicly with, distribute, or otherwise use EduKare’s Content in any way for any public or commercial purpose. You may also not do these in connection with products or services that do not belong to EduKare, in any manner that is likely to cause confusion among consumers or otherwise infringes EduKare’s intellectual property rights.

Furthermore, any code that EduKare creates to generate or display any EduKare’s Content or the pages making up any EduKare Site is also protected by EduKare’s copyright and You may not copy or adapt such code.

You may not use any of the EduKare Content on any other website or in a networked computer environment (including, without limitation, the uploading or republishing of EduKare’s Content on any Internet, Intranet or Extranet site or the incorporation of the EduKare’s Content in any other database or compilation, for any purpose). You shall not copy or adapt the HTML code that the Company creates to generate any EduKare Content. You also shall not copy or adapt the pages making up any EduKare Site which is also protected by the Company’s copyright. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

EduKare Site Restrictions

Users shall not use any site of EduKare in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy any material, including without limitation EduKare’s Content, in violation of any applicable law or regulation. Users also shall not use these in a manner that infringes the copyright, trademarks, trade secrets or other intellectual properties or proprietary rights of others. Users also shall not use any site of EduKare in a manner that violates the privacy, publicity or other personal rights of others. They shall not use EduKare’s site(s) in a manner that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of others privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating to encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever. These manners also include the ways that harm minors, deceive or mislead the addressees about the origin of such messages or communicate pieces of information which are grossly offensive or menacing in nature, impersonate other person(s) or entity, contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of EduKare’s computer systems or site or EduKare’s users, customers’ computer systems or sites, threaten the unity, integrity, defense, security or sovereignty of India. The users shall also not use the site(s) in manners that threaten friendly relations of India with its foreign states or threaten the public order or causes incitement resulting in a cognizable offence(s). These manners also include the ways that prevent investigation(s) of any offence or that may insult any other nation.

Users are also prohibited from violating or attempting to violate the security of any site of EduKare, including, without limitations, the following activities:

  • accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempting to interfere with service to any user, host or network, via means of submitting a virus to any EduKare Site, and also “overloading”, “flooding”, “spamming”, “mailbombing” or “crashing” it;
  • forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liabilities. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Registration Information

When You register with any EduKare Site, You will be asked to provide the Company with certain information including, without limitation, a valid email address (your “Information”). In addition to agreeing to the Terms of Use and any privacy policy applicable to using any website of EduKare, You declare that You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except when it is necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

The Company reserves the right to offer third party services and products to You based on the preferences that You identify during your registration and any time thereafter; such offers may be made by the Company or by third parties. Please see the Company’s Privacy Statement for further details regarding your information.

Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, EduKare does not provide a warranty or guaranty or make any representation as to the quality or nature of any of the third party products or services purchased through EduKare.com or any other site of EduKare. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material(s), product(s) or service(s), under the terms agreed to by the provider.

Use of EduKare Services

The job posting, resume database and other features of the EduKare Sites may be used only by individuals seeking employment and/or career information and by the employers seeking employees. In addition, the members of the EduKare Community may be used by individuals for permitted professional and personal networking purposes. Your use of the EduKare Services is also subject to other contracts You may have with EduKare. In case of any conflict between these Terms and any contract(s) you have with EduKare, the terms of your contract(s) will prevail. The term “post,” as used herein, shall mean the information that You submit, publish or display on the site of EduKare.

Specific Prohibited Uses

The job posting and resume database features of EduKare.com may be used only for lawful purposes by individuals seeking employment and career information and by the employers seeking employees.

The Company specifically prohibits any other use of EduKare.com, and all the Users declaring agree not to do any of the following:

  • Transmit, post, distribute, store or destroy materials, including without limitation, EduKare’s Content, violating any of the applicable laws or regulations. These laws and regulations include, but are not limited to laws or regulations governing the collection, processing, or transfer of personal information, or the breach of EduKare’s privacy policy;
  • Post any resume or apply for any job on behalf of another party;
  • Defer any contact from an employer to any agent, agency, or a third party;
  • Set more than one copy of the same resume to the public at any time;
  • Solicit passwords or personally identifiable information from other Users;
  • Post jobs on any of the sites of EduKare for any competitor of EduKare or post jobs or other content that contains links to any of the sites competitive with EduKare;
  • Post jobs or content on EduKare’s any site, that contains hyperlinks, email addresses, HTML Tags, “hidden” keywords or the keywords that are irrelevant to the job or are otherwise misleading;
  • Post jobs for modeling or talent or talent scouting positions on any EduKare Site;
  • Use any EduKare Site Resume Database for any purpose other than as sought by the employers seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services;
  • Post or submit to EduKare’s Sites any incomplete, false or inaccurate biographical information or information which is not your own;
  • Post on EduKare’s Sites any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangements or any other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents;
  • Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to the users of EduKare’s various sites;
  • Delete or revise any material posted by any other person or entity;
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any of the sites of EduKare;
  • Use any data mining, robots or similar data gathering or extraction methods. Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any EduKare Site other than the search engine and search agents available from the Company on such EduKare Site.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any EduKare’s Site;
  • Aggregate, copy or duplicate in any manner any of the EduKare Content or information available from any of the sites of EduKare including expired job postings, other than as permitted by these Terms; or
  • Frame or link to any of EduKare’s Content or information available from any of the sites of EduKare.
  • Use the EduKare Services for any unlawful purpose or illegal activity, or post or submit any content, resume or job posting that is defamatory, libellous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by EduKare’s discretion.

The Company also specifically prohibits any use/insertion of any of the User’s URL, weblink, email address, and website while posting any job on EduKare.com and all Users agree not to use/insert any of the User’s URL, weblink, email address and website while posting any job on EduKare.com.

On users’ non-conformance of any of the aforesaid terms as envisaged in section 3 and 6 above, EduKare may in its sole discretion, restrict or terminate the offending Users’ abilities to access various sites of EduKare and determine whether to take any other action(s) or to remove or request the removal of the User Content. EduKare has no liability or responsibility to Users for performance or non-performance of such activities. Additionally, EduKare has the right to initiate appropriate proceedings against the offending users as per laws.

User Content and Submissions

You are solely responsible for your information, content, messages or other information (“User Content”) pertaining to the My EduKare Account that You submit, publish or display (hereinafter, “post”) on any of the EduKare Sites or transmit to other Users. By posting User Content to any of the EduKare Sites, You automatically grant, and You represent and warrant that You have the right to grant, to EduKare an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof.

By posting User Content to any public or non-public area of any of EduKare’s Sites, including message boards, forums, contests and chat rooms, You grant the Company and its parent company and affiliates the loyalty-free, perpetual, irrevocable, sublicensable (through multiple tiers), non-exclusive right (including moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content.

You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content as placed on any of EduKare’s sites, retain all the rights that may exist in such User Content.

You agree that any email sent by an employer to a job seeker for any prospective job opportunity through EduKare’s website may be stored at the EduKare account of the said jobseeker for at least a period of 7 days, to enable the said jobseeker to access the email, as sent by the employer, to take a conscious decision about the job offer in the said email.

The Company acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring of the User Content posted by the Users. However, the Company may review and delete any User Content that, in the sole judgment of EduKare, violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of any of the sites of EduKare. The Company reserves the right to expel Users and prevent their further access to all the sites of EduKare for violating the Terms of Use or applicable law, rule or regulation. The Company also has the right to remove User Content which is in violation of the Terms of Use, is abusive, illegal, or disruptive.

The Company reserves the right to archive the user content folders which were not being accessed for a period of 6 months or more by the relevant users after its last access. In such event users will be able to access the archived folders with minor limitations including but not limited to non-availability of the options of moving those to other folders, renew jobs associated with the said folders. The Company may take any legal action with respect to the User Content that it deems necessary or appropriate in its sole discretion if it believes the Content may create liability for the Company or may cause the Company to lose (in whole or in parts) the services of its ISPs or other suppliers.

The following is a partial list of User Content that is prohibited on the various sites of EduKare. The list below is for illustration only and is not a complete list of all prohibited User Content. Hence, EduKare may prohibit the User Content that:

  • is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses, incites harassment or advocates harassment of another person, any group or people;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  • promotes or endorses false or misleading information or illegal activities or promotes the conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
  • contains restricted or password enabled accessible pages, or hidden pages or images;
  • displays or links to pornographic, indecent or sexually explicit material of any kind;
  • provides or links to material that exploits people under the age of 18 in a sexual, violent or another manner, or solicits personal information from anyone under 18; or
  • provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users;

EduKare reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from EduKare’s Sites and/or terminating the offending User’s ability to access EduKare’s Sites and/or use EduKare’s services. The Company may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in parts) the services of its ISPs or other suppliers.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

The Company has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, the Company may in its sole discretion investigate the allegation and determine whether to take any other action, whether to remove or request the removal of the User Content. The Company has no liability or responsibility to Users for performance or for such activities.

We appreciate hearing from our Users and welcome your comments regarding our services and the EduKare Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively called as the “Submission”), the Submission shall be the property of the Company. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all the rights to the Submission known now or discovered later and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.

Registration and Password

You are responsible for maintaining the confidentiality of your account access information and passwords. You shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by You. You are not authorized to share your password or other pieces of information related to the access of your account, with any other party, temporarily or permanently. A breach of this obligation may tantamount to disabling the EduKare account and EduKare Services. You agree to immediately notify the Company of any unauthorized use of your account, and passwords.

Data Privacy and SMS Alerts

In the context of the service of ‘alerts’ being introduced by EduKare; the candidate consents to the use of his personal data in the form of cellular phone number(s) being used by EduKare to forward relevant job alerts and other information as and when they become available.

If You believe that your copyrighted work has been uploaded, posted or copied to any EduKare Web Site and is accessible on such EduKare Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

  • The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
  • A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing;
  • Identification of the URL or other specific location on this website where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
  • Your name, address, telephone number and, if You have one, your e-mail address;
  • A statement by You that You have a good faith that on the website of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
  • A statement by You, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.

We have designated more than one people as our agents to receive notices of claims of copyright infringement on the sites of EduKare. You can contact them as follows:

By email:

officials@edukareonline.in

Policy Regarding Termination of Users Who Infringe the Copyright or Other Intellectual Property Rights of Others

EduKare Online Community, and all our affiliated companies respect the intellectual properties of others, and we ask our users, account holders and content partners to do the same.

The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitute the infringement of the rights of the owners of the copyright. As a condition to your use of EduKare.com, You agree not to use EduKare.com or any other site of EduKare to infringe the intellectual property rights of others in any way. We will terminate the accounts of any EduKare.com account holders, and block access to EduKare.com and/or the other EduKare Sites of any Users who are repeat infringers of the copyrights. We will also terminate or block the access of the infringers of others’ intellectual property rights. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.

Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Purnendu Mukherjee, the Director of Compliance and Fraud Prevention as under:

By post/mail:

Purnendu Mukherjee,

The EduKare Online Community,

Ghoraghata Station Road,

Bagnan, Kantapukur,

Howrah, West Bengal,

India.

PIN – 711303

By email (Any one):

purnendu@edukareonline.in

officials@edukareonline.in

Disclaimer of Warranty

The company does not warrant that any EduKare site will operate error-free or that any EduKare site and its servers are free of computer viruses or other harmful mechanisms. If your use of any site of EduKare or EduKare’s content results in the need for servicing or replacing equipment or data, the company is not responsible for those costs. The EduKare sites and EduKare content are provided on an “as is” basis without any warranties of any kind. To the fullest extent possible by law, EduKare will strive to keep all the sites of EduKare, error free or free from viruses or other harmful mechanisms. Simultaneously, it does not warrant that any EduKare site or any EduKare services will operate error-free or that any EduKare site and its servers are free of computer viruses or other harmful mechanisms.

If your use of any EduKare site or the EduKare content results in the need for servicing or replacing equipment or data or incurs any other cost, EduKare is not responsible for those. The EduKare sites and EduKare content are provided on an “as is” basis without any warranties of any kind. EduKare, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchant ability, fitness for particular purpose and non-infringement. EduKare makes no warranties about the accuracy, reliability, completeness, or timeliness of the EduKare content, services, software, text, graphics, and links.

Disclaimer of Consequential Damages

To the fullest extent possible by law, in no event shall EduKare, its suppliers, or any third parties mentioned on any EduKare site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity or business interruption) resulting from the use or inability to use any EduKare site and the EduKare content, whether based on warranty, contract, tort, or any other legal theory, and whether or not EduKare is advised of the possibility of such damages.

Limitation of Liability

To the fullest extent possible by law, EduKare’s maximum liability arising out of or in connection with any EduKare site or your use of the EduKare content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed INR 1,000/-.

Links to Other Sites

All the sites of EduKare contain links to third-party web sites. These links are provided solely as a convenience to You and not as an endorsement, by EduKare, of the contents on such third-party web sites. EduKare is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, it is understood, therefore, that, You do so at Your own risk.

No Resale or Unauthorized Commercial Use

You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any EduKare Site.

Indemnity

You agree to defend, indemnify, and hold harmless EduKare, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any EduKare Site, (ii) Your use of any EduKare Content, or (iii) Your breach of these Terms. EduKare shall provide notice to You promptly of any such claim, suit, or proceeding.

Redressal of Users Grievance

The Company has designated Purnendu Mukherjee as Grievance Officer to redress the grievances of the users. The aggrieved user may submit their grievances by addressing them to:

By post/mail:

The EduKare Online Community,

Ghoraghata Station Road,

Bagnan, Kantapukur,

Howrah, West Bengal,

India.

PIN – 711303

By email (Any one):

purnendu@edukareonline.in

officials@edukareonline.in

Additional Terms of Use

Certain areas of EduKare.com and the other EduKare Sites are subject to additional terms of use. By using such areas, or any part thereof, You agree to be bound by the additional terms of use applicable to such areas.

Terms and Termination

These Terms of Use will remain in full force and effect while You are a User of EduKare.com at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from EduKare.com and the other EduKare Sites and immediate termination of your registration with or ability to access EduKare.com and the other EduKare Sites and/or any other services provided to You by the Company, upon any breach by You of these Terms of Use or if the Company is unable to verify or authenticate any information You submit to EduKare.com or to other EduKare Sites. Even after You are no longer a User of EduKare.com, certain provisions of these Terms of Use will remain in effect, including Sections 2, 6, through 10 to 22 as well as the “Additional Terms of Use.”

EduKare Video Service. Additional Terms of Use

Your Acceptance of The Additional Terms of Use for Using EduKare Video Service

Your access and/or use of this EduKare Video Service is subject to these Additional Terms of Use besides the Terms of Use (click at http://EduKare.com/terms-and-conditions) and Privacy Commitment (click at http://www.EduKare.com/privacy) enshrined and specified on the homepage of the website: http://www.EduKare.com (hereinafter referred to as “EduKare Website”) which are additional and supplementary and are incorporated herein by reference. By accessing or using this EduKare Video Service you agree to be bound by these Additional Terms of Use, the said Terms of Use and Privacy Commitment, or any amendments thereof, applicable laws, rules and regulations governing this website.

Please do not access and/or use this website if you do not agree with any of the terms and conditions stated herein or under the said Terms of Use and/or Privacy Statement enshrined and specified on the EduKare Website. You also hereby agree and acknowledge that you are eligible and have contractual capacity to access or use this EduKare Video Service and EduKare Website. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this website for any reason whatsoever.

The Wide and Exhaustive Applicability

These Additional Terms of Use shall apply to all the users of the EduKare Website, including, but not limited to, registered users, contributors of video content, information, and/or other materials on the EduKare Website. The EduKare Website may contain links to third party websites that are not owned or controlled by EduKare. EduKare has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the EduKare Website, you expressly relieve and absolve EduKare from any and all the liabilities arising from your use of any third-party website. EduKare also reserves the right to decide the inclusion or non-inclusion of any video content in its Website without giving any reason for the content’s non-inclusion. EduKare reserves the right to withdraw any video content at any time without recourse to or permission of the contributor.

EduKare’s Products & Services

EduKare Video Service specifically and only allows registered users on EduKare Website who have a valid login ID at EduKare Website to upload video content related to their resumes, profile, company profile and contents ancillary and incidental thereto to be hosted by EduKare Website and to be configured by applicable EduKare Technology for public display on EduKare website network, including but not limited to EduKare’s affiliate’s websites and on EduKare affiliates and syndicated third-party sites, and for the public posting, viewing and sharing of the Video Content. You expressly agree and acknowledge that the EduKare Video Service is a not a private service and it is hereby clarified that once the registered users of EduKare Website submit their respective Video Contents for inclusion into the EduKare Website, it will be accessible by the public at large and that there is no confidentiality or privacy with respect to the Video Content uploaded. Further, registered users of EduKare Website also agree and acknowledge that their Video Content submitted to EduKare Video Service may, in EduKare’s discretion, appear on local EduKare Video websites in other countries.

Access & Usage Terms

EduKare Video Service permits you to use these services as set forth in this Terms of Service, provided that: (i) your use of these services as permitted is solely for your use (ii) you will not copy or distribute any part of the products and services of EduKare Website in any medium without its prior written permission; (iii) you will not adulterate, manipulate, change, alter, amend or modify any part of the EduKare Video content contained in the EduKare Website and comply with the terms and conditions of these Terms of Service as well as Terms of Use and Privacy Statement enshrined and specified on the EduKare Website. While registering yourself on the EduKare Website you shall submit your accurate and complete details and information and must keep your login ID and password secure to prevent misuse and unauthorized use of your login ID or account. In the event of any breach of security or unauthorized use of your login id/Account, you must notify EduKare immediately. EduKare will not be liable for any loss caused by any unauthorized use of your login ID / Account. You may be liable for the losses of EduKare due to such unauthorized use. You also agree not to use any automated system including but not limited to the use of “robots,” “spiders,” “offline readers,” etc, that accesses the EduKare Website in a manner that sends multiple request messages to the website’s web servers in a given period of time than a normally prudent person can reasonably produce in the same period by using a convention on-line web browser. You also agree not to store, collect or harvest any personally identifiable information, including names, email ids, account names, list of the recruiters and employers from the Website, nor to use the EduKare Website’s email and website for any commercial solicitation purposes.

Video Content Submissions in EduKare Website

EduKare permits its registered users of Website the submission of videos or other communications in the Website and they agree and allow EduKare the hosting, sharing, and/or publishing of such Submissions. EduKare does not guarantee any secrecy and confidentiality with respect to any of the Video or other communication submissions in EduKare Website.

The concerned registered users of EduKare Website are solely responsible for their video content Submissions and the consequences of posting or publishing them on EduKare Website. In this regard the concerned registered users of EduKare Website will affirm, represent, and/or warrant that they have the necessary licenses, rights, consents, and permissions to use and authorize EduKare to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Video content to enable inclusion and use of the Video Content in the manner contemplated by EduKare Website’s Terms of Use and Privacy Commitment and these Additional Terms of Use; and also have the necessary required written consent, release, and/or permission contemplated by the EduKare Website and these Additional Terms of Use.

The concerned registered users, jobseekers, recruiters, employers and other contributors of Video Content on EduKare Website hereby agree not to include any Video Content that in any manner whatsoever is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. The registered users and other contributors of Video Content in EduKare Website hereby grant EduKare a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submitted video content in connection with the EduKare Website and its affiliates business, including without limitation for promoting EduKare Website in any manner whatsoever.

The concerned registered users and other contributors of Video Content in EduKare Website also hereby grant it a non-exclusive license to access their video content through EduKare Website and to use, reproduce, distribute, prepare derivative works of, display and perform such Video content through EduKare Website and under these Additional Terms of Use. The aforesaid license and permission granted by you to EduKare terminate once the concerned registered users and other contributors of Video Content in EduKare Website remove or delete their Video Content from EduKare Website.

With respect to the video content submissions in EduKare Website, the concerned registered users and other contributors of Video Content in EduKare Website also further agree that they shall not submit any content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless they are the owner of such rights or have permission from their rightful owner to post the content and to grant EduKare all of the license rights granted thereto and they also not publish false content or material that may damage EduKare or any third party and also hereby agree not to submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; post advertisements or solicitations of business, or, impersonate any third party.

EduKare does not verify the genuineness, accuracy or otherwise endorse any Video content or any opinion, recommendation, or advice expressed therein, and EduKare hereby expressly disclaims any and all liabilities with respect to the inclusions of the video content in EduKare Website. EduKare does not permit copyright infringing activities and infringement of intellectual property rights on its website, and EduKare reserves the right of deletion or removal of any video Content without prior notice if it comes to EduKare’s knowledge or if it is notified that such video content infringes and/or violates any third party’s Trade Mark, Copyright and/or any other intellectual property right. Consequently, EduKare may also terminate the user’s access to its Website.

EduKare also reserves the right to decide whether a particular video Content or material is appropriate and complies with the Terms of use and Privacy Commitment of EduKare Website and these Additional Terms of Use for violations other than copyright infringement and violations of intellectual property law including but not limited to, pornography, obscene or defamatory material, or excessive length.

EduKare shall delete or remove such Video Content and/or terminate such violator’s access to EduKare Website at any time, without any prior notice at its sole discretion for uploading such video content in violation of Terms of use and Privacy Commitment of EduKare Website as well as these Additional Terms of Use. Concerned registered users, jobseekers, recruiters, employers and other contributors of Video Content in EduKare Website hereby agree and acknowledge that they may be liable if their video content submissions in EduKare Website are not genuine, inaccurate, offensive, indecent, or objectionable, and they also agree to waive, and hereby do waive, any legal or equitable rights or remedies they have or may have against EduKare with respect thereto, and agree to indemnify and hold EduKare, its affiliates and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to their video content submission in EduKare Website.

EduKare’s Rights in Video Content

EduKare reserves the right to sell, license and/or display any advertising, promotional and distribution rights in connection with the Video Content and other material submitted in EduKare Website and EduKare will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. Nothing in these Additional Terms of Use obligates or may be deemed to obligate EduKare to sell, license or offer to sell or license any advertising, promotion or distribution rights.

Appropriate Use of EduKare Video Service

The video content, material, and software on EduKare Website is the property of EduKare and protected by all the local and international applicable laws including but not limited to laws related to Trade Mark, Copyright, and other intellectual property rights. You agree that you will not copy, modify, alter, reproduce, create derivative works, or display to the general public any of the EduKare video content from the EduKare Website. You also agree that you will not in any manner, whatsoever, including by the use of any automated device or manual process, monitor or copy any of the video content from the EduKare Website. Any use of the EduKare Video Service that infringes or violates EduKare website’s Terms of Use and/or Privacy Commitment and/or EduKare’s Trade Mark, Copyright, and intellectual property rights will be treated as a serious infringement and violation and investigated accordingly. EduKare shall have the right to take appropriate civil and/or criminal action for such infringement and/or violations.

Waiver of Claims & Indemnity Provision

You hereby waive all claims against EduKare and indemnify its directors, employees, authorized representatives and agents from any and all liability for claims, damages (actual and/or consequential), costs and expenses including but not limited to litigation costs and attorneys’ fees of every kind and nature, arising out of or in any way whatsoever concerned with the use of the EduKare Video Service and also arising out of your violation of any term of these Additional Terms of Use; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim of video content submission causing damage to a third party. This defense and obligation to the indemnification will survive these Additional Terms of Use and your use of the EduKare Website.

Disclaimer

You agree and acknowledge that your use and access of the EduKare video service and EduKare website shall be at your sole risk, responsibility, and consequences. To the fullest extent permitted by law, EduKare, its officers, directors, employees, authorized representatives, and agents disclaim all warranties, express or implied, in connection with the EduKare video service and EduKare website and your use thereof.

EduKare makes no warranties or representations about the accuracy or completeness of EduKare website’s content or the content of any sites linked to EduKare website and assumes no liability or responsibility for any

  • Errors, mistakes, or inaccuracies of content,
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of EduKare video service and EduKare website,
  • Any unauthorized access to or use of EduKare servers and/or any and all personal information and/or financial information stored therein in any form and/or in any manner,
  • Any interruption or cessation of transmission to or from EduKare website,
  • Any bugs, viruses, trojan horses, or the like unauthorized tools or software which may be transmitted to or through EduKare website by any third party, and/or
  • Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content submitted, posted, emailed, transmitted, or otherwise made available through EduKare website. EduKare does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the EduKare website or any associated or hyperlinked website and EduKare shall not be a party to or in any way be responsible or accountable for monitoring any transaction between you and third-party.

Limitation of Liability

The concerned registered users, job seekers and other contributors of video content in EduKare website hereby agree and acknowledge that EduKare shall not be liable for their video content submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with them.

In no event shall EduKare, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any

  • Errors, mistakes, or inaccuracies of the video content,
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
  • Any unauthorized access to or use of EduKare secure servers and/or any and all video content and/or personal information and/or financial information stored therein,
  • Any interruption or cessation of transmission to or from EduKare website,
  • Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or
  • Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content submitted, posted, emailed, transmitted, or otherwise made available via the EduKare website, whether based on warranty, contract, tort, or any other legal arrangement, and whether or not the 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 local and/or international jurisdiction.

Amendment in Terms of Use

EduKare shall have the right to amend, vary or modify the Terms of Use, Privacy Commitment of EduKare Website and these Additional Terms of Use governing this EduKare Video Service at any time, without giving any prior notice to You and such amendment shall be effective immediately upon inclusion/posting of such amendment on EduKare Website.

These Terms of Use and Privacy Commitment of EduKare site constitute a binding agreement between You and EduKare and is accepted by You upon your use of the EduKare Site.

Update effective: June, 2019