END USER LICENSE AGREEMENT
The terms such as Softwares, Applications, Programs, Mobile Applications, Websites, Materials, Contents, Products, their associated upgrades, patches, and updates and related services shall be understood to mean as the "Product", "Services."
The terms such as "SARAS-3D, "Company/ We/ Our" shall mean/ include/ collectively refer to SARAS-3D or any one of its subsidiaries or affiliated companies, including without limitation 3D EdTech Pvt Ltd.
The term "USE/ USING" referred to herein this agreement shall also mean installation, use, access of our Product.
The term "USER" referred to herein this agreement shall mean and include Licensee of the Product, beneficiary of the Product, Any Person using Our Product.
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY IF YOU DO NOT ACCEPT THE SAME UNCONDITIONALLY THEN YOU ARE NOT ENTITLED TO USE/ ACCESS OUR SOFTWARES, APPLICATIONS, PROGRAMS, MOBILE APPLICATIONS, WEBSITES, MATERIALS, CONTENTS, PRODUCTS, THEIR ASSOCIATED UPGRADES, PATCHES, AND UPDATES AND RELATED SERVICES. INSTALLATION/ USE/ ACCESS OF OUR SOFTWARES, APPLICATIONS, PROGRAMS, MOBILE APPLICATIONS, WEBSITES, MATERIALS, CONTENTS, PRODUCTS, THEIR ASSOCIATED UPGRADES, PATCHES, AND UPDATES AND RELATED SERVICES TENTAMOUNTS TO UNCONDITIONAL ACCEPTANCE OF THE CONDITIONS OF THIS END USER LICENCE AGREEMENT.
This End User Licence Agreement ("EULA") governs your Terms and Conditions of Installation / use / access of our GENIUS 3D softwares, Applications, Programs, Mobile Applications, Websites, Materials, Contents, Products, their associated upgrades, patches, and updates and related services (the "Product") by any modes of registrations or usage of products, including through SD cards, tablets, computers or other storage devices, transmitting medium currently provided or which will be provided by SARAS-3D, or any one of its subsidiaries or affiliated companies, including without limitation 3D EdTech Pvt Ltd (collectively referred to as "SARAS -3D", "Company / We / Our).
- GRANT OF LICENCE
- Number of Units 1. Single Licence. The Licensee may install the software on one fixed computer/ Laptop/ Mobile phone and allow it to be used by up to one Single person. The name and email address of the authorised user should be provided.
- One additional installation on one portable device, such as a laptop, designated to the users and under permanent control of the workgroup is allowable, so long as use is limited to the authorised users.
- SARAS-3D (or its licensors) grants You a non-exclusive, non- transferable, non-sublicensed, non-commercial and personal licence to install and/or use the Product/ Service (in whole or in part) and any Product/ Service (the "Licence"), for such time as per the package and pricing policy availed by you or SARAS-3D terminates this EULA. You must in no event use, nor allow others to use, the Product/ Services or this Licence for commercial purposes without obtaining a written licence to do so from SARAS-3D. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product/ Services on certain hardware. THIS PRODUCT IS LICENSED AND NOT SOLD TO YOU. As applicable, certain parts of the Product/ Service may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply.
- Period of use of Licence shall be for the period as per package purchased by you.
- While using the Product, You agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product ("Rules of Conduct"), which are not meant to be exhaustive and can be modified at any time by SARAS-3D. In all cases, You may only use the Product according to anticipated use of the Product.
- For example purposes, and without limiting SARAS-3D"s rights to take action against You, You may not:
- create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual"s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
- modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
- Transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organize, participate in or be involved in any way in an attack on SARAS-3D"s servers and/or the Product and/or those of its service providers and partners;
- Create, supply or use alternative methods of using the Products, for example server emulators;
- Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
- Transmitting or communicating any material or content which, in the sole and exclusive discretion of SARAS-3D, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
- Harassing or threatening any other users of the Product;
- Make inappropriate use of the help service or the claim buttons or send untruthful reports to members of SARAS-3D's personnel;
- Falsely claim to be an employee or representative of SARAS-3D or its partners and/or agents;
- Falsely claim an endorsement in connection with the Product or with SARAS-3D.
All title, ownership rights, and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery," effects, characters, diagrams, concepts, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by SARAS-3D or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, SARAS-3D"s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without SARAS-3D"s prior permission and, if applicable, SARAS-3D"s licensors" and representatives". Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by SARAS-3D." This Licence confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
- ACCESS TO THE PRODUCT
- The Product may be protected by Digital Rights Management software ("DRM software"). In such case, you hereby agree, acknowledge, and consent to the following regarding the DRM software: (I) The installation of the product will cause the DRM software to be installed on your computer; (II) The DRM software may limit the number of installations of the product; (III) The DRM software may install on your computer additional components required for copy protection; and (IV) During the installation and/or the first launch of the Product, an online connection may be required to unlock the product through the DRM software. In no event shall SARAS-3D be liable in connection with the components that may be installed on your computer by any DRM software. For further information, please visit the website of the DRM software appearing during the installation of the product. An internet connection, a SARAS-3D account, and installation of the SARAS-3D software and registration may be required to access online services and features of this product. Restrictions of age may be imposed to access online services and features in compliance with local laws.
- For this EULA, "Compatible Mobile Terminal" designates any portable device capable of connecting to the Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones, tablet computers, and personal digital assistants (PDAs).
- Product Access. To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers" and/or carriers" costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. SARAS-3D may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.
- Collection of personal data: In order to provide You with a better experience, adapted services and Product support, SARAS-3D may collect and store data about You in relation to Your use of the Product, Your connection information and/or Your Compatible Mobile Terminal. Certain data is recorded, archived, analysed and used to create user statistics. Your privacy is very important to SARAS-3D and SARAS-3D will not reveal Your personal data to third parties except when expressly authorised by You to do so or in special circumstances. SARAS-3D may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect SARAS-3D"s rights and those of other users and third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. In addition, SARAS-3D reserves the right to collect, store and use anonymous data about You.
- CONSENT TO MONITOR
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorised third party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorised third party program, information may be communicated back to SARAS-3D, including the name of your Account, your internet protocol (IP) address, details about the unauthorised third party program detected, and the time and date that the unauthorised third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorised third party program, this Licence and Your access to the Product may be terminated with or without additional notice to You.
- LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM
SARAS-3D warrants that the Physical Medium containing the Product shall be free from defects in material and workmanship for a period of 365 days from the date of Your purchase of such medium. In the event that the medium containing the Product proves to be defective during that time period, SARAS-3D will, at SARAS-3D"s option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar Product of equal or greater value (in the event the Product is not longer being manufactured by SARAS-3D or available in SARAS-3D"s inventory), or (d) refund Your money when You present SARAS-3D with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty replacement please send the original Product USB, only in protective packaging and include: (1) a photocopy of Your dated sales receipt; (2) Your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) You are encountering and the hardware and system on which You are running the Program.
- WARRANTY, DISCLAIMER, LIMITATION OF LIABILITY TOWARDS EDUCATIONAL MATERIAL AS CONTAINED IN THE SARAS-3D PRODUCT
- "Material" referred herein this Clause shall mean Educational Material as contained in the SARAS-3D Product.
- All the efforts have been made to make the product fully safe, compliant to the present educational standards, and error free. SARAS-3D has taken all the active steps by implementing standard quality checks, audit systems and review methods for ensuring accuracy of educational material as contained in the product. The product supplied contains materials which are supplementary to the methods of learning and in no way may be considered to be substitute/ alternative to the methods of learning adopted by you for the courses sought to be learned by you. The material contained in the product is suggestive and you acknowledge the risk arising out of inadvertent errors in the material contained in the product." The product is supplied on an "as is" and "as available" basis. SARAS-3D, SARAS-3D"s licensors, channel partners and associated service providers do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to: (a) its conformity, accuracy, correctness, completeness, reliability or security (b) its suitability for a particular use; (c) implied warranties of title, non-infringement; (d) its market value; or (e) your satisfaction. SARAS-3D does not warrant that the product will be uninterrupted or error-free, that defects will be corrected, or that the product is free of viruses or other harmful components. you assume all responsibility for selecting the product to achieve your intended results, and for the installation of, use of, and results obtained from the product to the fullest extent permissible under applicable law.
- In no event will SARAS-3D, SARAS-3D"s licensors, channel partners and associated service providers be liable for loss or damage suffered in connection with the use of the product or any related third party service. This includes without limitation (a) all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise, (b) direct loss; (c) accidental loss, (d) incidental loss, (e) consequential loss, and (f) indirect loss.
- Notwithstanding the aforementioned limitations of liability, your sole remedy in the event of a dispute with SARAS-3D or its licensors, channel partners and associated service providers is to cease to use the product." No claim of damages will ever be entertained / quantified in any manner for your losses/injury/ damages for any product purchased. SARAS-3D"s liability is limited to the refund (directly or indirectly through its channel partners or associated service providers) of the purchase price of the product. In no event SARAS-3D, its affiliates, licensors, channel partners and associated service providers are liable for damages in excess of any amount you have paid to SARAS-3D for the product during the twelve (12) months immediately prior to the time your cause of action arose.
- For purposes of this section, SARAS-3D's licensors, channel partners, and associated service providers are third party beneficiaries to the limitations of liability specified herein and they may enforce this EULA against you.
- SARAS-3D does not warrant that the software or its third party components are error-free or will operate without interruption. If the software, its third party components, or any data accessed therefrom is defective, you assume the sole responsibility for the entire cost of all repair or injury or loss or damages of any kind, even if SARAS-3D has been advised of the possibility of such defects or damages.
- LIMITED WARRANTY, DISCLAIMER, LIMITATION OF LIABILITY" HARDWARE AND SOFTWARE EFFECTIVE FROM 01.05.2021
- "Material" referred to herein this clause shall mean Hardware/ Software but excluding Educational material contained in the Hardware/ Software, as well as Physical Medium referred to in Section 5.
- This Limited Warranty for Hardware and Software (this "Limited Warranty") sets forth the terms by which SARAS-3D Inc. ("SARAS-3D") will repair or replace SARAS-3D-manufactured Products that contain defects in material and workmanship that cause the Products to fail to conform with the applicable SARAS-3D-published specifications (collectively, the "Defects"). This Limited Warranty covers SARAS-3D manufactured software covered by an active licence agreement (the "Software") and SARAS-3D-manufactured hardware (the "Hardware") and the Software and Hardware are sometimes referred to in this Limited Warranty together as the "Products". This Limited Warranty is available only to the original end user customer (the "Customer") and solely covers Products purchased from SARAS-3D or its authorised channel partners.
- Coverage Periods
- "Hardware Coverage Period" means one year from the initial date Hardware is shipped by SARAS-3D or its designee.
- "Software Coverage Period" means one year from the date the Software is initially made available to the Customer or its designee.
During the Hardware Coverage Period, SARAS-3D will, at its option, repair or replace such Hardware determined by SARAS-3D to have a Defect provided that: (a) the Hardware has been used within normal operating conditions; (b) the Customer notifies the SARAS-3D technical support team ("Technical Support") of the suspected Defect during the Hardware Coverage Period; (c) Technical Support validates the Defect; and (d) Customer complies with this Limited Warranty. SARAS-3D may, at its option, repair or replace any such Hardware with validated Defects with new or equivalent-to-new components or hardware with equivalent fit, form, and function (each a "Replacement Unit"). Any Hardware without validated Defects will be repaired at Customer"s expense and at SARAS-3D"s then-current service rates.
Process: Customer must first contact Technical Support to obtain approval to return Hardware that Customer suspects has a Defect. Following Technical Support"s approval of Customer"s return of such Hardware, Technical Support will provide Customer with a SARAS-3D Return Materials Approval ("RMA") number that Customer must include when shipping the suspect Hardware back to the location designated by Technical Support. Customer is responsible for shipping the suspect Hardware, in either its original packaging or packaging affording an equal degree of protection, to SARAS-3D"s designated location. Customer will pay the freight and any corresponding customs, taxes, duties, or other fees related to the return of the suspect Hardware to SARAS-3D"s designated location. Any Hardware returned to SARAS-3D will become SARAS-3D property upon shipment of the Replacement Unit.
After receipt of the suspect Hardware, SARAS-3D will ship a Replacement Unit to Customer. Each Replacement Unit is covered by this Limited Warranty for the longer of (a) the remainder of the original Hardware Coverage Period; or (b) ninety days from the Replacement unit shipment date. SARAS-3D will pay the freight associated with the Replacement Unit shipment, but Customer will be responsible for any corresponding customs, taxes, duties, or related fees.
SARAS-3D will return the shipping cost of the original unit which Customer shipped back once the team confirms that it is a legitimate defect that requires a replacement unit.
During the Software Coverage Period, SARAS-3D will use commercially reasonable efforts to provide the Customer a correction or workaround for any Defects in the Software provided that: (a) the suspected Defect occurs when the Software is used within normal operating conditions and as permitted in SARAS-3D"s End User License Agreement; (b) the Customer notifies Technical Support of the suspected Defect during the Software Coverage Period; (c) Technical Support reproduces and validates the Defect; and (d) the Customer complies with this Limited Warranty.
Hardware and Software Technical Support Contact: Please use the email email@example.com with concerns related to hardware and software warranty and replacements.
This Limited Warranty is non-transferable and only covers Defects. This Limited Warranty does not cover issues caused by (a) Customer"s failure to implement Software updates; (b) acts of God, (c) acts of government; (d) misuse or abuse, (e) Customer instructions, installation, or set up adjustments; (f) modifications of or to any part of the Products; (g) accident or damage; or (h) use of the Software other than as permitted in the SARAS-3D End User License Agreement. This Limited Warranty does not apply to Products sold AS IS or WITH ALL FAULTS, nor does it apply to open source software, which is provided subject to the terms and conditions of the applicable open source license. Further, this Limited Warranty is invalid if the factory-applied serial number has been altered or removed from the Product. SARAS-3D may require Customer to provide proof of purchase by Customer and the applicable shipment date.
- Disclaimer of Warranties
Except as expressly set forth herein the products are provided without any representations or warranties, whether expressed, implied or statutory. To the extent permitted by law, SARAS-3D expressly disclaims all the implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, title, and non-infringement. To the extent an implied warranty cannot be excluded, such warranty is limited in duration to the applicable coverage period. This limited warranty supersedes any prior agreements or representations"including representations made in SARAS-3D sales literature or advice given by SARAS-3D, any SARAS-3D authorised channel partner, or an agent or employee thereof"that may have been made in connection with the purchase of a product. No change to this limited warranty is valid unless it is made in writing and signed by an authorised representative of SARAS-3D.
- Limitations of Liability:
SARAS-3D will not be liable for any incidental, special, punitive, or consequential damages, including without limitation any lost profits or lost data, in connection with the products. If a product contains a defect, Customer"s sole and exclusive remedy shall be repair or replacement of the product. SARAS-3D"s maximum liability under this limited warranty is expressly limited to the lesser of the price paid for the product or the cost of repair or replacement of any product. These limitations of liability will apply regardless of the nature or theory of the claim and will be effective even if SARAS-3D has been advised of the possibility of any damages. The limitations in this limited warranty will apply notwithstanding the failure of the essential purpose of any limited remedy in this agreement.
- Force Majeure
Notwithstanding any other provision of this Agreement, SARAS-3D will have no liability for any cessation, interruption, or delay in the performance of its obligations under this Limited Warranty due to causes beyond its reasonable control including: natural disaster, act of God, act of government, labor controversy or threat thereof, civil disturbance or commotion, acts or threats of terrorism, war, or armed conflict.
You are solely responsible for any damage caused to SARAS-3D, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
You hereby agree to defend, indemnify, and keep indemnified SARAS-3D and its affiliates, their licensors, channel partners, and associated service providers and their subcontractors against any claim or alleged claims, liabilities, losses, damages, and all costs (including lawyers" fees), directly or indirectly attributable to your fault and/or resulting from (A) A violation of any provision of this EULA or (B) Your use or misuse of the Product. SARAS-3D reserves the right to take sole responsibility, at its own expense, for conducting the defence of any claim for which You agreed to indemnify SARAS-3D. The provisions of this Section shall remain in force after termination of this EULA.
The EULA is effective from the date of Purchase, download, installation or use of the Product whichever is earlier. You and SARAS-3D (or its licensors) may terminate this EULA, at any time, for any reason. Termination by SARAS-3D will be effective upon (a) notice to You or (b) termination of Your SARAS-3D Account (if any) or (c) at the time of SARAS-3D"s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
- CHANGES TO THIS EULA OR TO THE PRODUCT
SARAS-3D reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by SARAS-3D.com/useragreement. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You, or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with as provided and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
SARAS-3D may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimise the Product. You agree that the Product may install or download the modifications manually or automatically. You agree that SARAS-3D may stop to support previous versions of the Product upon availability of an updated version. SARAS-3D"s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the discontinued Product. SARAS-3D also reserves the right to amend the Rules of Conduct set out in this EULA to place limits on the use of the Product.
- Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect SARAS-3D"s initial intentions.
- No Waiver. No failure or delay by SARAS-3D (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by SARAS-3D or by the User.
- Law and Jurisdiction To the extent permitted by applicable law, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of India/ Bharat. You irrevocably agree that the courts of Ahmedabad Jurisdiction in India have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).
TERMS AND CONDITIONS OF USE
These Terms & Conditions ("Terms") of (a) use of our GENIUS 3D softwares, Applications, Programs, Mobile Applications, Websites, Materials, Contents, Products, their associated upgrades, patches, and updates and related services (the "Product) (website www.SARAS-3D.com ("Website"), our applications ("Application") or any products or services in connection with the Application/, Website/products ("Services") or (b) any modes of registrations or usage of products, including through SD cards, tablets or other storage devices," transmitting medium are between SARAS-3D, or any one of its subsidiaries or affiliated companies, including without limitation 3D EdTech Pvt Ltd ("Company/We/Us/Our") and its users ("User/You/Your").
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
Your use/access/browsing of the Products, Application or Website or the Services or registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
- Except as mentioned below, all information, content, material, trademarks, services, marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Product, Application, Website, Services are proprietary property of the Company ("Proprietary Information").
- No Proprietary Information may be copied, downloaded, reproduced, adapted, extracted, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company.
- That the Licensee may own the medium on which the information, content or materials are stored, but the Company shall always retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium directly or indirectly.
- Third party contents have been reproduced by the Company after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.
- Your use of Company products are strictly in accordance with the terms of licence and any use other than the terms of licence is strictly prohibited as provided herein after but not limited to the prohibition laid down below.
- "You may not decompile, reverse engineer, or disassemble the contents of the" Product, Application and / or our Website and/or Services/ products or modify, copy," distribute, transmit, display, perform, reproduce, publish, licence, create" derivative works from, transfer, or sell any information or software obtained from" the Product, Application and / or our Website and/or Services/Products, or remove any" copyright, trademark registration, or other proprietary notices from the contents of" the Product, Application and / or and / or our Website and/or Services/products.
- You will not (a) use this Product, Application and / or our Website" and/ or any of our Product/s or Service/s for commercial purposes of any kind or (b) advertise or sell the Product, Application or any products, Services or domain names or otherwise (Whether or not for profit), or solicit Others (including without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Application and / or Website/ our products and services in any way that is unlawful or harms the Company or any other person or entity as determined by the Company.
- No User shall be permitted to perform any of the following" prohibited activities" while availing our Products/ Services:
- Transmitting material in the name/title of our product, that encourages anyone to commit a criminal" offence, that results in criminal/ civil liability or otherwise breaches any relevant" laws, regulations or code of practice;
- Interfering with any other person"s use or enjoyment of the Product, Services, Applications, Website;
- Making, transmitting or storing electronic copies of our materials, products, contents of the products;
- Access or use OF OUR Products/ Application/Website/Services in any manner that could damage, disable, overburden or impair any of the" Product"s/ Application"s/Website"s servers or the networks connected to any of the servers on which the Product/ Application/Website/ Service is hosted;
- Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of our Products/ Application/Website/Services, violate any requirements, procedures, policies or regulations of networks connected to our Products/ Application/Website/Services, or engage in any activity" prohibited by these Terms;
- Disrupt or interfere with the security of, or otherwise cause harm to, our Products/ Application/Website/Services/ materials, systems resources, or gain unauthorised access to user accounts, passwords, servers or networks connected to or accessible through our"" Application/Website/Services/Products or any affiliated or linked sites;
- Interfere with, or inhibit any other user from using and enjoying access to the" Products/ Application/Website/ Services, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on our Application/Website/Services/Products;
- Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to our Application/Website/Services/Products, to access, acquire, copy or monitor any portion of our Application /Website/Services/Products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/Products;
- Alter or modify any part of the Products.
- In the preparation of the Product/Application/Website/Services and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. But without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Product/ Application/ Website/ Services.
- Any feedback from User is most welcome to make the Product/ Application and contents thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/Products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Our Products/ Applications/ Website provides Users with access to compiled educational information and related sources. Such information is provided on an As Is basis and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained in the Product/ Website. We would not be responsible for any errors, which might appear in such information, which is compiled from third-party sources or for any unavailability of such information.
- From time to time the Product/ Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or the contents thereof. We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without the Company"s prior written consent.
- The contents of the Products/ Application/Services/ Website are developed on the basis of the structured curriculum syllabus prescribed for students of various courses. The usage of the Product/ Application/Services/ is not endorsed as a substitution to the curriculum-based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the subject in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. The Company acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Products/ Application/Services does not imply endorsement of any method nor exclusion imply disapproval. Subscription to the Application or usage of our Products/ Services/Website/products does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
- Certain contents in the Product/ Application/Services may contain opinions and views. The Company shall not be responsible for such opinions or any claims resulting from them. Further, the Company makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
- Some parts of the Products/ Applications/ Services are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. The Company accepts no responsibility or liability for any material communicated by third parties in this way. The Company reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, we will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether We have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.
- The Company may contact the user of the Product by prevailing technological modes of communication (eg Mobile, SMS, WhatsApp call) on the basis of any form of access to the product /Application (including free download/trials) or Services or Website or registrations through any source whatsoever, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail, WhatsApp and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User"s mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to Our employees, associates and partners so that you may be contacted for education information and promotions through telephone, SMS, email, WhatsApp, etc.
- At the Request of the User, Company may facilitate demonstration of the Product at the User"s Location, however, such facilities does not amount to any inducement in any manner by the Company for the purchase of its products/ quality of products or conditions of Product, and the User shall apply his/her own discretion/ investigation/ inquiry/ examinations/ Judgment / opinion about the Purchase of Companies Products/ Quality of Companies Products/ Conditions of Companies Products.
- Upon Request/ Registration by the User, Company may contact such user through the Users" Registered mobile number/ email address/ contact number for effective Services relating to the Product. The User expressly permits the Company to contact him/her and the student utilising the Services, through the above-mentioned means at any time post registration. Further, the Company shall have the right to monitor the download and usage of the Application/Services/products and the contents thereof by the User/student, to analyse such usage and discuss the same with the User/student to enable effective and efficient usage of the Services. The User expressly permits the Company to clear the doubts of the student using the Products/ Application/Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail on express consent of the legal guardian/parent of the User or through any other forum.
- While the Company has made efforts to train the personnel engaged in the sales and services relating to its products to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and the Company reserves the right and" discretion to take any action in this regard.
- Access to certain elements of the Services including doubt clearance, mentoring services etc. may be subject to separate terms, conditions and fair usage policy. The Company reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Application/products or registrations do not automatically entitle the User to any and all elements of Services provided by the Company and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion.
- The company may conduct competitions from time to time and you agree to allow the company to use the submissions by you including but not limited to videos, written content, craft work, etc. for promotional purposes. All rights will be reserved by the company for usage of such submissions by you. You additionally permit the company to use every kind of information submitted by you like photos, videos etc. for promotional campaigns as it so pleases and you will cease to have any rights on the same once your submissions are made to the company.
- The Company"s products and / or Services, including the Application and content, are compatible only with certain devices / tablets / instruments / hardware. The Company shall not be obligated to provide workable products and / or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Company"s products and Services. The company reserves the right to upgrade the table/ type of compatible devices as required from time to time.
- The Company shall not be liable to you or anyone else for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages (A) resulting from loss of use, data, reputation, revenue, or profits; (B) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action; or (C) arising out of or in connection with your use of or access to our Products/Services.
- You must specify the address to which the shipment has to be made at the time of purchase. All product(s) shall be delivered directly to the address as specified at the point of ordering and You cannot, under any circumstances whatsoever, change the address after the order is processed. In case of any change in the address, you need to specify the same to us in writing well in advance to the shipping date. Any inconsistencies in name or address will result in non-delivery of the product(s).
- (a) For return of product(s) damaged at the time of delivery, the shipping charges shall be borne by the Company. However, for return of any of the product(s) for any other reasons, it shall be the responsibility of the User to arrange for the return of such cancelled product(s) and the shipping charges shall be borne by such User. (b)We request you not to accept any product package that seems to be tampered with, opened or damaged at the time of delivery. The products must be returned in the same condition as delivered by the Company. Any products returned showing signs of any use or damage in any manner shall not be accepted for return. (c)All requests for return of products must be placed within 15 (fifteen) days from the date of delivery. Please note that no refunds shall be claimed or will be entertained post 15 (fifteen) days from the date of delivery.
- You acknowledge that the Company is not the manufacturer of instrument/ hardware/ medium and hence any defect relating to the same shall be reported to the manufacturer whose details shall be specified on the packaging and the Company shall not in any manner be responsible for the same. The Company provides limited Warranty, Guarantee relating to the instrument / medium / hardware.
- In order to encourage Customer retention and loyalty, SARAS-3D encourages its Customers and other stakeholders to refer customers to buy SARAS-3D Products & Services. Company at its option can pay a referral bonus subject to applicable laws. Since this is an optional selective policy of the Company, the decision of the Company is final and the same cannot be either disputed or challenged. It should be noted with abundant caution that no Customer, Fintech Partner or other stakeholder shall do business with the Company in anticipation of such Bonus. Company shall not be held responsible if some Customer has done business with the objective of getting referral bonus as Bonus paid by the Company is purely dependent on its own discretion based on internal parameters and various demographic and economic factors.
- It is Your sole responsibility to ensure that the account information provided by You is accurate, complete and latest.
- You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify the Company of any unauthorised use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to the Company, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
- You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot always guarantee accessibility to the Application . Under Indian Contract Act 1872, Certain persons are incompetent to enter into Contract and hence, Parents/ Legal Guardians competent to enter into the contract are required to Register for the Product/ Services on behalf of Minors.
- Company reserves the right to terminate the Product License/ Subscription if any information provided at the time of Registration by the User/ Parent/ Guardian is incomplete / inaccurate/ false.
- Users/ Parents/ Guardians acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Products/ Services/ Application.
- You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney"s fees) arising from: (i) Your use of and access of the Products/ Application/Website/Services; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services has caused damage to a third party. This defence and indemnification obligation will survive these Terms.
- In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out of or in connection with, Your use of, or access to, the Application.
- In the event of Your breach of these Terms, you agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company"s right to obtain such relief shall not limit its right to obtain other remedies.
- Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
- The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Ahmedabad and You hereby accede to and accept the jurisdiction of such courts.
- The Company has the right to change, modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Product, Application or the Services as it deems fit at any time without notice. Further, the Company reserves the sole right to amend these EULA/ Terms from time to time without prior notice to you. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Product/ Application. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Product/ Application/Services. All prices are subject to change without notice.
- Disclaimer: These products, including the application and the services are provided on an "as is" basis with all faults and without any warranty of any kind. The company hereby disclaims all warranties and conditions with regard to the Website, Application/Products and the Services, including without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, accuracy, timeliness, performance, completeness, suitability, and non-infringement. Additionally, the Company shall not be liable for any damages arising out of or in connection with the use or performance of this Site or the Application or the Services. Your use of any information or materials on this Website/Application/Services/Products is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that services provided by us meet your specific requirements.
Notwithstanding anything contrary, clauses containing warranty disclaimer, limitation of liability and indemnity shall continue to operate post the termination of this end user license agreement.
- General Provisions
- Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to firstname.lastname@example.org.
- Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company"s rights under the Terms are freely transferable by the Company to any third parties without the requirement of" seeking Your consent.
- Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
- Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
- Relationship: You acknowledge that Your participation on the Product/ Application, does not make You an employee or agency or partnership or joint venture or franchise of the Company.
- The Company provides these Terms so that You are aware of the terms that apply to your use of the Website/Application and Services. You acknowledge that the Company has given You a reasonable opportunity to review these Terms and that You have agreed to them.
"Any feedback You provide with respect to the Product/ Application shall be deemed to be non-confidential. The Product/ Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Product/ Application may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.
"Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even if such content is offensive, hurtful or offensive. Please exercise caution while accessing the Application.
- Customer Care
We make all best endeavours to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at email@example.com or +91 79480 61514. This EULA is applicable only to the extent authorised by law.
For any question concerning this EULA, you may contact SARAS-3D at the following address: 31, 3rd Floor, Commerce House 4, Next to Shell Petrol Pump, 100 Feet Road, Opp. Hotel Platinum Residency, Prahladnagar-Anandnagar, Ahmedabad 380015.