AGREEMENT WITH USERS

This agreement is entered between Midas Portal Services Pvt Ltd through its website www.onlineschooladmissions.com and ‘You’ as a visitor on the Website, hereinafter referred to as “User” (which expression shall, unless repugnant to the meaning or context hereof, be deemed to include its successors and permitted assigns).

The terms and conditions set out in this agreement shall be valid and enforceable. You should proceed to browse the Website or avail its Services only if you accept this Agreement by clicking on ‘I Agree’ button placed at the registration page.

Whereas www.onlineschooladmissions.com is a website (“Website”) owned and managed by the Company that offers online information about admission procedures and enables filing of online information by Users to seek admission for their ward(s) or other related persons (“Services”) to any school that is registered on the Website(“School”).

Whereas the Company has informed the User about the multiple benefits of utilizing Services of the Website and the User intends to avail the Company’s Services;

THIS AGREEMENT THEREFORE WITNESSETH AS UNDER:

I. Acceptance of the Company as Service Provider

The User hereby accepts the Company as online information service provider which facilitates the User in accessing information for admission procedure  of various schools pertaining to different classes.  It is further agreed that the User shall fill an application format provided by the Company that will contain all the necessary information that a School may require for considering an application for admission. In case the School requires any additional documents or information, the User shall be free to use his/ her discretion to provide such information to the School. Every online application form submitted by a User through the Website for seeking admission to a School shall bear a unique application number (hereinafter to be called as “application number”)

II. Description of Services to be offered by the Company

1. The User shall create an account by filing an e-form provided on the Website. Pursuant to submission of this form, the User shall be able to create a secure login ID and password for that account. The User for the purpose of authentication of his / her account shall provide a valid e-mail address and a phone number at the time of creation of account. Unless such e-mail and phone number are submitted the User’s account shall not be activated.
2. The Company shall allot a unique identification number to each of the User so as to identify and distinguish each of them, on creation of the account by the User. This unique identification number must be quoted by the User in all his/her transactions and correspondence with the Company. This unique identification number cannot be altered at any point of time.
3. The Company shall activate the User’s account within a period of 48 hours on completion of  all verification formalities.
4. The User on creation of account shall be eligible to exercise either of two options:
1. To create a profile and fill online application form by paying the stipulated amount for each form filled and submitted; or
2. To create a profile and pay a stipulated lump sum registration fee of for any number of forms filled and submitted through the Website within a period of one year from date of payment.
5. The User shall be under an obligation to exercise either of the options. Once the option is exercised under clause (b) above, the User cannot transfer his/ her account under clause (a).
6. The User shall not be entitled to claim refund of any amount deposited on account of submission of application forms or creation of profile on the Website.  
7. The User shall at all times be responsible for maintaining secrecy and confidentiality of his/ her User ID and Passwords allotted to a User.
8. The Company shall accept online application forms only from the User  of the Website who have completed minimum 18 years of age and are otherwise competent to enter into a contract as per the ‘Indian Contract Act, 1872’ and seek to apply for admission of their ward or any relative in a School (“Prospective Candidate”). For the purpose of this agreement the term “ Prospective candidate” means children eligible to be admitted in any school on fulfillment of prescribed criteria of each School and may include if the context permits, admission of children with special needs.
   
   The Company shall display on its Website information about admission procedure of various Schools. The User on creation and activation of his account can submit all information of the Prospective Candidate in the application format attached herewith. When a User fills and submits an online application form, the account of the User has the facility to upload relevant scanned documents such as birth certificate, address proof, photograph etc of the prospective candidate. Upon uploading these documents are accessible to the School in their Account if the User has applied for admission in the School. Uploading of supporting documents is optional for parents. In case the School requires the supporting documents or has any additional requirement, it can request for further information from the User after receiving the filled up admission request form from the Company.
9. Once the form is uploaded on the Website by the User mentioning details of class and  preferences of School where prospective candidate seeks admission, the information shall reflect in the Account of the School registered on the Website and the  School shall solely be responsible to contact the User within reasonable time from receipt of duly filled application form. Company may ( but is not obligated to) send the online admission request to the concerned Schools also via e-mail and sms. The School shall contact the User personally via phone number or e-mail as provided by the User in accordance with the preferences provided in the application form through any electronic means or telephone .The User understands and agrees that the Schools alone ( and not the Company ) are under an obligation to notify a User of a date for meeting or intimate of rejection of their Request. User understands that the  School may charge an application form fees and/or fees for prospectus , if applicable to consider User’s request for admission to the School. The User is responsible for checking the status of admission and other eligibility conditions before applying for admission to any School. The Company owes no responsibility on account of closure of admission or change in criteria of admission or admission policy or rejection of application of the User by the School for whatsoever reasons. It is clarified that the User should not assume  confirmation of admission of a prospective candidate in any one or more School on the basis of confirmation mail or SMS sent to a User by the School. The Company neither guarantees nor owes any responsibility or role for processing admission request of any Prospective Candidate in any School.The Company only acts as a service provider and facilitates availability of information about admission procedures and acts as interface between a User and the School to facilitate sending of queries of Users  for seeking admission   to Schools through the Website.
10. The Company shall use the services of CCAvenue as its secure payment gateway for accepting payment for rendering Services to the Users. The User shall receive a notification through e-mail/ short messaging service from the Company in connection with the money collected on account of submission of form under sub-clause (a) of clause 4 or on account of lump sum fees paid by way of registration under sub-clause (b) of clause 4 of this agreement.
11. The Company however bears no responsibility as to the authenticity of the information posted on its Website as each School is responsible for maintaining and updating correctness of their information of admission procedure and status of admissions including meeting dates, dates for written tests etc.Company does not recommend any School and User is required to make independent enquiries about the School , and confirm from the School about correctness of information displayed by the School on the Website wherein he/ she wishes to apply for including and not limited to the number of seats, location, fees, recognition status, eligibility criteria, faculty, facilities and other related information. 
12. In case there are no seats available for a class in a School and no forms available the Website shall display admission status as closed against such Schools.
13. The Company shall accept application forms only when it is duly submitted with complete information on required heads. The User should submit authentic information while creating his or her profile including information submitted in the application form. The Company bears no responsibility to authenticate or endorse the accuracy of the information submitted by User of the Website in the application forms submitted.
14. In case any User has submitted false/ wrong information in the application form or created a false profile on the Website, the Company reserves right to terminate his/ her account without any prior notice to rectify such false/ wrong information and seek other legal remedies available to it under law.The User is warned that in such a situation , the Schools may also seek legal action apart from rejection or disqualifying the application of the prospective candidate.
15. All  information submitted by the User with documentary proof shall be accessible to the School through the School’s own account on the Website at all times. The User consents that his/ her profile including the Prospective candidate’s profile shall be accessible to the School without any limitation or restrictions in any form whatsoever.

III. Confidentiality of Data

Save as otherwise provided in this Agreement, the Company shall make reasonable endeavours to secureand maintaining all back-up of data/information collected from the User  The information collected from the User shall be collected and disclosed only to the  Schools for which preference has been shown by a User or to Company’s vendors for effective performance of Company’s obligations herein and may be disclosed  when required by a law, regulation, court order or other legal mandate. The User agrees that the Company may use the data collected by the Website for effective performance of its functions and for general statistical analysis and for promotional purposes. The Company shall make reasonable endeavours tosecure  the electronic storage and transmission of data using appropriate security features and every person involved with the Company/Website shall also adhere to privacy and confidentiality agreement terms herein to ensure all User’s personal information is secure from third parties. Notwithstanding anything contained in this clause, the Company or its Website is not liable for where the User has himself/ herself or through their representatives  shared any confidentialinformation withany third party by providing access to his/ her account or through any other external means or has given such information voluntarily.   

IV. Prohibited activities

In consideration of being allowed to use the Website, the User agrees that the following actions shall constitute a material breach of these Terms and Conditions.

1. Use of any part of the Website or its services for any purpose in violation of local, state, national, or international laws.
2. Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others.
3. Send or post material that is unlawful, false, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to the another Member or any other person or entity including writing defamatory comments about the COMPANY on the Website or any other website or blog or by any means publishing it on the internet or in any manner whatsoever.
4. Allow any other person or entity to use your identification while using the Website in any manner.
5. Engage in any other conduct that restricts or inhibits any other person from using or enjoying the website or that exposes the Website/Company to any liability or detriment of any type.
6. Any other illegal or unlawful activity in connection with the Website
   The Company reserves the right to remove the Contents or part of it where it determines objectionable, at its sole discretion to be against the law or being offensive in nature or that violates a third party’s intellectual property rights or detrimental to spirit of the Website/ Company’s trade or business.

V. Third party links or websites

The Website may contain links to other Internet Web sites or resources only for the convenience of the User of its website. The Site/Site Manager are not responsible for the availability or content of these external sites, nor does it endorse, warrant or guarantee the products, services or information described or offered at these other Internet sites. The Company is not responsible for the privacy practices or policies of such third party websites and the privacy policies of this Website shall not apply to those websites or to any information collected otherwise by any third party, nor shall be liable for any loss, damage or claim in relation to the same. Further, User is required to carefully read all information provided by the manufacturers/service providers of any products advertised or promoted on or through the Website and displayed on or in the associated product packaging and labels before purchasing and/or using such products.

VI. Force Majeure & Unintended Disruption

1. The Company/Website assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, User communications whether caused by Act of God or deliberate attempts of third parties to gain unauthorized access or  otherwise. The Website/ Company is not responsible for any problems or technical malfunction of any telephone network or lines; computer online systems, servers or providers, computer equipment, software; failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination of them, including injury or damage to its User and/or members or to any other person's computer related to or resulting from participating with the web and/or in connection with this Site.
2. In case the User learns of any malfunctioning of any feature of the Website either on its own or through a prospective applicant he/ she shall immediately inform the Company in writing by e-mail and the Company shall take reasonable measures to rectify the error in shortest possible time.
3. The Company may change the format and content of the Website at any time or suspend its operation for support or maintenance work with a week’s prior notice, in order to update the content or make the Website more effective.

VII. Indemnity Clause

The User shall indemnify the Company of all direct claims, proceedings, cost and damage suffered by the Company resulting from material breach of this agreement by a User or caused due to his negligence .

VIII. Term & Termination

The parties agree that this Agreement shall be binding with effect from the date of execution of this Agreement, and shall remain valid for a period of one year unless terminated in writing by a notice to the other party one month before expiry of the term. On expiry of the one year term, the Agreement can be renewed by the User by paying renewal charges, if any as may be determined by the Company.
This Agreement may be terminated by either party, if a party commits material breach of any term of this Agreement and upon issue of notice to rectify the default within 30 days from receipt of the notice; the defaulting party fails to rectify the default.

IX. Governing law & Dispute Resolution

The terms and conditions of this Agreement shall be governed in accordance with the Law in force within the territory of India. In case any dispute arises relating to or concerning this, Agreement, then parties shall precede for an amicable settlement though an institutional arbitration, and if all efforts to bring for an amicable settlement fail then parties can proceed to institute legal action which shall be subject to the exclusive jurisdiction of the courts of Delhi.

X. Amendment of the Agreement

Any material change in the terms of this Agreement shall be made by mutual agreement of parties and in writing and duly signed by authorized representatives of both parties.

XI. Entire Agreement

This Agreement constitutes the entire agreement between the Company and the User with respect to use of the Website and its Services and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect thereto.