TERMS OF USE

We, Empagnie Education Pvt. Ltd. (hereinafter referred to as “Company”, “us”, “we” or “our”) believe in our mission to connect students to colleges and careers by leveraging artificial intelligence and a network of expert contributors worldwide.  All information is provided to all users (hereinafter referred to as “you”) who wish to gain more knowledge about the Company’s offerings, through its website www.collegepass.org (the “Website”). The Website is a platform that facilitates online education and career guidance for students through videos and may also include any written material, blogs, audios or any other mode of communication used by the Company. The use of our Website is subject to the terms and conditions set forward in these terms of use (hereinafter referred to as “Terms of Use”).

Please read the following terms of use carefully. by accessing  any part of our website or using or registering on our website, you or any other user acknowledge that you have read, understood and agree to be legally bound by all the terms and conditions listed herein. in case you do not agree to these terms of service, kindly exit this page and do not access or use this website any further.

In addition to these terms of use, by using the website, you also acknowledge that you have read, understood and agree to be bound by our privacy policy available at “Privacy Policy”.

Scope, Updates and Applicability: The Company may, in its sole discretion, amend the Terms of Use and communicate the same to you via email or by posting on any part of the Website. The Company recommends that you review these Terms of Use prior to each use of the Website and by continuing to access and use the Website, you agree to any such modifications as well. As such, you are responsible for reviewing and should update yourself with any such modifications. In addition, when using particular services or features on our Website, you will be subject to any policies applicable to such services or features that may be posted from time to time, including but not limited to the Privacy Policy as noted herein. All such guidelines or policies are hereby incorporated by reference into these Terms of Use and may be read as part and parcel of these Terms of Use.

Modifications to the Website: Any feature of part of the feature of the Website may be modified or deleted and may be temporarily or permanently suspended at any time, with or without prior notice. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

Use of the Website: You may, at present or in the future, be required to to establish an account in order to use the Website and avail the advantage of certain features. If so, you agree to provide true, accurate, current and complete information about yourself as prompted by the Website as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, the Company has reasonable grounds to suspect that such information is false, inaccurate or outdated, and the Company has the right to suspend or terminate your account. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. Since, Confidential Information may include the unique account identification number (ID) and/or password, either chosen by you or generated or auto-generated by the Website as a part of standard security procedures, you should not disclose the same to any third parties. If so disclosed to any third party/ies, the same shall be at your sole risks and costs. The Company reserves the right to disable any identification code and/or password or reset it to ensure safety or your identity or safety of its systems. Your account is supposed to be privy to you and you hereby undertake that you shall protect it all times. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via Website, including charges resulting from unauthorized use of your account.

Lawful Purpose: You agree to use the Website only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Website (if and when applicable). You agree not to post, transmit or distribute any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. Further, you shall not upload the to the Website any content or files that belongs to another person and to which you do not have any right to bullies, intimidates or harasses any other user, or is harassing, defamatory, compsiring of abusing, sexually explicit, hateful or racially, ethnically objectionable, violative of other person’s privacy or which otherwise violates any other legal rights or any person or entity. You also shall not upload the to the Website (if allowed) that is sexist, racist, offensive on the grounds of religion, nationality or demographic group, or promotes discrimination based on race, caste, sex, religion, citizenship, disability, sexual orientation or age or infringes any patent, trade mark, trade secret, copyright, right of privacy or publicity or other proprietary or intellectual property rights of any person or entity. No other information which is not accurate or based solely on rumour or hearsay or relates to a minor without consent of a parent or guardian, or otherwise unlawful in any respect shall be uploaded or posted to the Website.

Permitted Use and Monitoring: The Company reserves the right to monitor all users’ IP addresses, data and user information, including personal information to prevent breach of this condition and if needed, to report any unlawful event to the concerned legal and executive authorities. You also agree that you shall not hack into or bypass the authorized and legal ways to enter the Website and download, share, copy, save, edit or use the information for any reason whatsoever. You also agree that you shall not, unless separately paid for to the Company, create multiple user accounts through automation or by misrepresentation or shall create multiple logins, or transmit any viruses, Trojans, computer codes or other destructive material, store illegal material or data, use the service or content to invade others privacy, cause annoyance, inconvenience or harass any other person and cause needless anxiety or discomfort or any unpleasant experience to others. You agree not to use the Website in any manner that interferes with its normal operation or with any other user’s use of the Website.

Restrictions on Use: You also hereby agree and acknowledge that you may not do any of the following while accessing or using the Website: (i) hack, bypass or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (ii) access or search or attempt to access or search the Website by any means other than through our currently available, published interfaces that are provided by the Company; (iii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; (iv) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or otherwise creating an undue burden on the Website. You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website and shall not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Website. You further agree that you will not access the Website by any means except through the interface provided by Website for access to the Website. Creating or maintaining any link from another application to any page at the Website without the prior authorization of the Company is prohibited and shall make you liable for the same. Any permitted links to the Website must comply with all applicable laws, rules and regulations.

Intellectual Property Protection: You acknowledge that all materials on the Website, including, but not limited to the website design, textual information, graphic designs, sounds, moving images, videos, pictures, and other similar information and the unique presentation thereof (collectively hereinafter referred to as the “Information”), is the exclusive property of the Company and/or its co-owners, licensors, and is subject to and/or protected by applicable trademarks, copyright and other global intellectual property laws and legal rights. All rights to Information not expressly granted in this Terms of Use are reserved to their respective copyright owners. The Company, if needed, authorizes you to only view, download and/or print the Information only for personal and non-commercial use and nothing else whatsoever and does not provide you any license or any other right whatsoever. You hereby understand and acknowledge that your use of the Website is solely and exclusively under the limited license granted herein and you shall not claim any right, title or interest under this Terms of Use. All trademarks, domain names, slogans, and logos are either the property of the Company, or their respective owners. All rights, not expressly granted herein by the Company to you are fully reserved by the Company, its advertisers and licensors. You understand and undertake that you may not copy, download, reproduce, distribute, perform, republish display, post, transmit, create derivative works or otherwise use any of the Information in any form or by any means, without the prior written authorization of the Company or the respective owners. The trademarks (hereinafter referred to as the “Trademarks”) contained or described on the Website are the sole property of the Company and/or its respective owners or licensors and may not be copied, altered or otherwise used without the prior written authorization of the Company and/or its respective owners or licensors. You understand its respective owners or shall be entitled to enforce their legal rights in cases of any breach without prejudice. You understand that some of the Trademark that you may see on the Website may not be owned by the Company, and are the property of their respective trademark holders. The Company or the Website does not claim to be affiliated to these brands and disclaim any affiliation, sponsorship or endorsement with or by the same.

Third Party Content: The Company may provide repost with permission or provide links to third party websites or content over which the Company has no control, and some of the content appearing on the Website, or made available to you in connection with the services may be sourced from external sources (“Third Party Content”). The provision of Third Party Content to you is for general informational purposes only and does not amount to an endorsement or recommendation of these sites by the Company. The Company does not exercise any control or supervision over Third Party Content. The Company shall not be responsible for the content or accuracy of or for the opinions expressed in these third party website as these websites are not investigated, monitored or checked for accuracy or completeness by the Company. It is suggested that before accessing any of these websites and the content therein, you should go through their terms of use and privacy policy. If you do not consent to their policies, kindly do not use any information or services provided by them.

Confidentiality: In connection with your use of the Website, you may receive confidential and/or personal information of the Company that includes any non-public information, written or oral, relating to the Company, its partners or affiliates, or if applicable other users. You hereby agree to safeguard and keep all confidential information to yourself, agree to only use it for your permitted use of the Website, and not disclose it to any third party.

Privacy Policy: Use of the Website is subject to the terms of the Privacy Policy, which is hereby incorporated into and made a part of these Terms of Use and is not repeated herein for the sake of brevity. Please carefully review our Privacy Policy. By using or accessing Website, you agree to be bound by the terms of our Privacy Policy as well.

Refund: You understand that the Company offers free lifetime trial to its users in order to assist them in evaluating the services for them. If in the future, any of the services are provided on a paid basis, you understand that no money paid to the Company shall be refundable at any point in time. Further, in any case, where you have paid any monetary consideration to the Company, the liability of the Company shall be limited only to the amount received and not beyond. You hereby acknowledge and agree to this limitation of liability and waive any legal right to seek any additional monetary compensation or refund for the same.

Discontinuation/Termination of Services: You may choose to discontinue access and usage of Website at any time. Upon discontinuance of use/termination for any reason, the Company may delete all data/information from the Website. However all your rights and obligations shall continue to be in force even after your discontinuation of the use of our Website.

Indemnification: You agree to indemnify, defend and hold harmless the Company users against all claims, appeals, causes of action, casualty, expenses, damages and costs; emerging or arising from or relating to your use of Website, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Website, your breach of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to Website. We reserve the right to assume, at our own expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

No Liability: he company shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to, the use of or inability to use the website, including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate information; (iii) for any unauthorized access to or disclosure of your transmissions or data; or (iv) for statements or conduct of any third party on or via the website. this is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises the company parties of the possibility of such damages. the limitations of liability set forth herein are fundamental elements of the basis of the bargain between the company and you. the products, information, and services offered on and through the website would not be provided to you without such limitations. notwithstanding the foregoing, the sole and entire maximum liability of the company parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever shall be limited to the charges paid by you directly to the company.

Disclaimer: The Company makes no representations or warranties, expressed or implied, regarding the use of the Website by you or for the use or interpretation of any information stored on, generated by or received through the Website. All general information provided by the Company shall not replace the customized proessional services provided by the Company or by industry experts. The Website, services and other materials are provided by the Company with reasonable skill and care but on an “as is” and “as available” basis. All warranties whether express, implied, statutory or otherwise, including without limitation any implied warranties as to non-infringement, correspondence with description, merchantability or fitness for a particular purpose are excluded to the fullest extent permitted by law. The Company strongly encourages you not to take the information provided on its Website as a substitute for professional advice for college admission or through colleges or educational institutes themselves.

Applicable Law and Jurisdiction: The laws of the India shall govern these Terms of Use, as well as any disputes, whether in court or arbitration, which might arise between the Company and you. All disputes pertaining to the services shall be subject to local courts situated in New Delhi.

Miscellaneous: These Terms of Use constitute the entire agreement between the Company and each user of the Website with respect to the subject matter of these Terms of Use. If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity, and enforceability of any remaining provisions will not be affected.

You may not assign any of your rights or delegate any of your obligations under these Terms of Use.  The failure of Website users to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use.  You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Use and its rights and obligations without your consent. We shall have no liability to you hereunder if we are prevented from or delay in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or, failure of a utility service or transport or telecommunications network, Act of God, war, riots, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind us in any respect whatsoever.

No action arising out of these Terms of Use or your use of the Website, regardless of form or the basis of the claim, may be brought by you more than six (6) months after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). You hereby waive any rights that you may have under any applicable law of limitations.

Support: Support: If you have any questions or queries relating to these Terms of Use, or wish to report any violation of these Terms of Use, you may contact us at support@collegepass.org