The following terms and conditions along with privacy policy govern your use of website www.Xtraedgelearning.com, LearningSheets and products offered. By using the website you explicitly you become a “User” who has agreed to be bound by this agreement whether you are a passing visitor or a subscribed member of Xtraedgelearning.com.
Acceptance
Welcome to website of “XtraEdge Learning Solutions Pvt. Ltd”. These Term and conditions (T&C) govern your use of www.XtraEdgelearning.com and any successor websites of the foregoing (collectively, the “Site”), any LearningSheets, downloaded from this Site or obtained elsewhere (the “LearningSheets”). By using the LearningSheets or visiting or browsing the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and any modifications that may be made to these Terms of Use from time to time. If you do not agree to these Terms of Use, you should not visit or browse the Site and do not use the LearningSheets or any product offered from this site. These Terms of Use constitute a binding legal agreement between you and XtraEdge Learning Solutions LLP. (“XtraEdge Learning,” “we,” “us,” and “our”). If you are using the Site or LearningSheets on behalf of any entity or person (including child), you represent and warrant that you are authorized to accept these T&C on such entity’s behalf or such person’s behalf, and that such entity or person agrees to indemnify you and XtraEdge Learning for violations of these T&C.
Modifications
We reserve the right to modify these Terms and Conditions at any time and in any manner at our sole discretion, including the fees for the LearningSheets and or any of our products. Notice of any modification of these terms will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site or LearningSheets constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site, LearningSheets or products to determine whether a change has been made to these terms and conditions.
Fee Based Learning sheets
Some LearningSheets may be offered to you on a fee basis. All fees are quoted and must be paid in INR otherwise specially mentioned. If you purchase fee-based LearningSheets and transmit to XtraEdge Learning a purchase request, you warrant that your use of XtraEdge Learning accepted payment method is authorized and that all information that you submit to XtraEdge Learning solutions Pvt. Ltd, or any third party designated by XtraEdge Learning, is true and accurate and you agree to pay all fees, including any applicable sales taxes, you incur.
Content
The Site, LearningSheets may allow you and other third parties to post data, text, code, messages, opinions, advice, statements, reviews, comments, and other materials and information (collectively, “Content”). All Content whether publicly posted on or privately transmitted via the Site or LearningSheets is the sole responsibility of the person from whom the Content originated and not of XtraEdge Learning Solutions Pvt. Ltd., or its shareholders, directors, officers, or employees. XtraEdge Learning may review and delete any Content, in whole or in part, that in the sole judgment of XtraEdge Learning violates these Terms of Use or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will XtraEdge Learning solutions LLP or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on Content obtained through the Site, LearningSheets or products. It is your responsibility to evaluate the Content available through the Services, LearningSheets or the Site. Although Content will not be pre-screened or reviewed, we reserve the right to refuse or delete any Content.
When you post Content, you hereby grant (or warrant that the owner of the Content grants) us a royalty-free, perpetual, irrevocable, fully sub licensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Content for any purpose and without acknowledgement to you. By posting or providing Content, you represent and warrant that public posting and use of your Content by us and any of our users will not infringe on or violate the rights of any third party.
DO NOT SUBMIT OR DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.
XtraEdge Learning likes to hear from you. However, please keep in mind that “XtraEdge Learning solutions Pvt. Ltd.” does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested. Therefore, please do not send to XtraEdge Learning any creative or original materials such as ideas for LearningSheets, products, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts or other information. XtraEdge Learning shall be free to use any such ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information and shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any submission.
The XtraEdge Learning Blog
All posts by the authors, guest authors, and visitors reflect personal thoughts and opinions which are not necessarily those of the company.
Usage Guidelines and Restrictions
In addition subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use the LearningSheets solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the LearningSheets, including all related intellectual property rights. The LearningSheets are protected by applicable intellectual property laws.
Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, reverse engineer, or create derivative works of the LearningSheets and/or Services; (b) rent, lease, or sublicense the LearningSheets and/or Services; nor (c) circumvent or disable any security or technological features or measures in the LearningSheets and/or Services. You may not export or re-export the LearningSheets and/or Services without (a) the prior written consent of “XtraEdge Learning solutions LLP”; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.
You agree not to use the Learning sheets in a way that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; harm minors in any way.
You agree not to write comments that in any way refer to person(s) under 18 years of age; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; upload, post, e-mail, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; upload, post, e-mail, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party.
You agree not use any automated means to access the Site, LearningSheets or the products or collect any information from the Site, LearningSheets or the products; or frame the Site, Learning Sheets, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
Privacy
Any information submitted on the Site or during subscription of LearningSheets is subject to our Privacy Policy, the terms of which are incorporated into these terms and condition. Please review our Privacy Policy carefully.
Disclaimers of Warranties; Limitations on Liability
The Site, LearningSheets are provided “as is”; “XtraEdge learning solutions LLP” makes no representations or warranties of any kind with respect to the Services, the Content, the Site, the LearningSheets, or any contents therein. XtraEdge Learning solutions LLP assumes no liability or responsibility for any errors or omissions in providing the Services, the Site, the LearningSheets or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. “XtraEdge Learning solutions LLP” EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, THE LEARNING SHEETS, THE CONTENT, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT.
In addition, XtraEdge Learning does not represent or warrant that the information on or accessible via the Site or LearningSheets is complete, current or will be updated or corrected. While XtraEdge Learning attempts to make your access and use of the site, the services, and the LearningSheets safe, XtraEdge Learning cannot and does not represent or warrant that the site or its server(s) are free of viruses or other harmful components; therefore, you should use industry recognized Software to detect and disinfect viruses. XTRAEDGE LEARNING SOLUTIONS LLP AND ITS AFFILATES, SUPPLIERS, EMPLOYEES AND DIRECTORS LIABILITY UNDER THESE TERMS OF USE IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. XTRAEDGE LEARNING AND ITS AFFILATES, SUPPLIERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. XTRAEDGE LEARNING AND ITS AFFILATES, SUPPLIERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AND REPRESENTATIVES’ TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, THE LEARNINGSHEETS, THE CONTENT, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED INR1000. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE FEES WE CHARGE, IF ANY, AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF USE. ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR ON THE SITE, SERVICES AND/OR THE LEARNING SHEETS.
If you are dissatisfied with the Site and/or LearningSheets, or with any terms, conditions, rules, policies, guidelines or practices of using the Site, Services and/or LearningSheets, your sole remedy is to discontinue using the Site and/or LearningSheets.
Indemnity
You agree to indemnify and hold “XtraEdge Learning Solutions Pvt. Ltd.” or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Site, the LearningSheets or Content, including without limitation these Terms of Use.
Links and Advertising
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. XtraEdge Learning IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site, LearningSheets or products and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site, LearningSheets.
Governing Law and Arbitration
These Terms of Use are governed in all respects by the laws of the State of Karnataka, India. Any controversy or claim arising out of or relating to these Terms of Use, the LearningSheets, or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of India.
“XtraEdge Learning solutions LLP” Control and operates this Site from its offices in Karnataka, India and makes no representation that these materials are appropriate for use in other locations. If you use this Site and/ or LearningSheets from other locations you are responsible for compliance with applicable local laws. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.
In the event that you have a dispute with one or more users of the Site, Learning sheets, you release XtraEdge Learning and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Claims of Copyright Infringement
“XtraEdge Learning solutions Pvt. Ltd.” respects the intellectual property rights of others, and requires that the people who use the Site, LearningSheets and the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on the Site, LearningSheets or the Services in a way that constitutes copyright infringement, you may notify us with the following information in writing:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; identification of the copyrighted work that you claim has been infringed; identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; your name, address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- If we receive such a claim, we reserve the right to refuse or delete Content as described under these Terms of Use.
Communication
By using the Site, LearningSheets or products, you consent to receiving electronic communications from XtraEdge Learning solutions LLP. These communications will include notices about your subscriptions, newsletter and information concerning or related to the LearningSheets or products. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your responsibility; Damage limits:
You have sole responsibility for use of the products you purchase. In no event shall XtraEdgelearning.com be liable to you in relation to the products or your use, misuse or inability to use the products, for any
- Indirect, punitive, special, exemplary, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage); or
- Direct damages in excess of the amount you paid for the applicable product.
XtraEdge does not guarantee for better performance of the Student / child using its services. The patents / teachers / school / subscribers using the website undertake responsibility for child’s usage of the services provided by www.XtraEdgeLearning.com and XtraEdgeLearning Solutions Pvt. Ltd.
“XtraEdge Learning solutions LLP” is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. In these term and conditions, the word “including” shall be construed as if followed by the words “but not limited to.” These terms together with our Privacy Policy, comprise the entire agreement between you and XtraEdge Learning Solutions Pvt. Ltd. and supersede all prior agreements between the parties regarding the subject matter contained herein.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Questions
Please direct any questions regarding these Terms of Use [email protected]