AGREEMENT WITH USERS
This agreement is entered between Midas Portal Services Pvt. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at 908, ILD Tower, Sohna Road, Sector 47, Gurgaon-122001, Haryana, India (hereinafter referred to as “the Company”) 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 from the date of its acceptance. 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 web page.
Whereas www.onlineschooladmissions.com is a website (“Website”) owned and managed by the Company that provide information to Users about various schools that are registered on the Website (“School”) and facilitate them to post their enquiries online to such Schools.
And Whereas the User being aware about the multiple benefits of utilizing Services of the Website, intends to avail the Company’s Services;
NOW, THEREFORE, in consideration of the promises, mutual representations, warranties and covenants set forth herein, the Parties, out of their free will and consent, have entered into this Agreement and the Parties intending to be legally bound, hereby agree as follows:
I. Acceptance of the Company as Facilitator
The User hereby accepts the Company as online information service provider which will facilitate the User in accessing information about various schools which are registered with its website, and post their enquiries online to seek necessary clarifications.
II. Description of Services to be offered by the Company
III. Confidentiality of Data
Save as otherwise provided in this Agreement, the Company shall make reasonable endeavours to secure and maintain all data/information collected from the User. The information collected from the User shall be collected and disclosed only to the Schools, wherever required. The information may be disclosed when the disclosure is 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 to secure 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 obligations herein to ensure that all User’s personal information shall remain secured from unauthorized disclosure to 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 confidential information with any 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:
The Company reserves the right to remove the contents posted on the website or any part of it, without any prior notice, where it determines the same objectionable or 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 shall not be responsible for the contents, 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, the user is required to carefully read all information provided by the manufacturers/service providers of any products / services 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 / services.
VI. Force Majeure & Unintended Disruption
VIII. Term & Termination
The parties agree that this Agreement shall be binding with effect from the date of its acceptance and shall remain valid unless terminated in writing by one month prior notice to the other party.
This Agreement may be terminated by either party upon a notice to other or in case of any default.
The Company may, at any time, discontinue the operation of Website with 30 days prior notice. In such case, the notice to that effect shall be displayed on the website itself. The notice displayed on the Website shall be treated as a notice duly given by the Company. Discontinuation of the Website shall result in automatic termination of this Agreement without any liability and further notice to that effect.
IX. Further Assurances
X. Amendment of the Agreement
The Company may at any time amend the terms and conditions of this Agreement without any prior notice to the User. The amended terms shall be effective and binding upon the User with their full force.
This Agreement and the rights and liabilities hereunder shall bind and inure to the benefit of the respective successors and permitted assigns of the Parties. The User shall not assign or transfer any of its rights, facilities and liabilities hereunder to any other Person without the prior written consent of the Company.
XII. No Partnership or Agency
Nothing in this Agreement (or any of the arrangements contemplated by it) shall be deemed to constitute a partnership between the Parties or constitute either Party as the agent of the other for any purpose, or entitle any Party to commit or bind the other Party in any manner.
XII. Limitation of Liability
XIV. Governing Law; Jurisdiction and Arbitration
This Agreement shall be governed by and construed in accordance with Indian laws and shall be subject to the exclusive jurisdiction of the competent courts of Delhi only.
In case of any dispute, controversy or disagreement arising out of, or relating to this Agreement, the Parties shall endeavour to settle the same amicably on any Party giving a written notice (“Notice”) to the other of its intent to commence the process of amicable settlement. The attempt to reach an amicable settlement shall be considered to have failed as soon as one of the Parties’ said representatives gives a written notice thereof to the other Party’s said representative in writing for invoking arbitration proceedings (“Arbitration Notice”).
The arbitration shall be conducted by three (3) arbitrators, of which the Company shall appoint one (1) arbitrator and the School shall appoint the 2nd (second) arbitrator, within a period of fifteen (15) days from the date of receipt by the other Party of the Arbitration Notice. After the appointment of the said two (2) arbitrators, the 3rd (third) arbitrator shall be appointed by the said two (2) appointed arbitrators. The arbitration proceedings shall be held in accordance with the Indian Arbitration and Conciliation Act, 1996 as may be in force and as may be amended from time to time. The arbitration will take place in New Delhi and each Party will bear its respective costs relating to the arbitration proceedings. However, the fees and expenses payable to the arbitrators shall be shared equally between the Parties unless awarded otherwise by the arbitrators. The decision of the arbitrators shall be final and binding upon the Parties enforceable in any competent court of law. The language of arbitration proceedings shall be English. The Parties, however, shall be entitled to seek interim relief from the courts of India.
XV. Non Exclusive
This agreement is a non-exclusive agreement and does not preclude / prohibit the parties from entering into another agreement for the same services with another party during the tenure of this agreement.
In the event that any Provision of this Agreement is held by a court of competent jurisdiction to be unenforceable because it is invalid or in conflict with any law of any relevant jurisdiction, the validity of the remaining Provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular Provisions held to be unenforceable, unless such construction would materially alter the meaning of this Agreement.
Failure by the parties to enforce at any time or any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.
XVIII. 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.