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TERMS OF SERVICES
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2021-12-13 07:18:35
1. OVERVIEW
This Terms of Service Agreement ("Agreement") is entered into by and
between Edumee Learning and Solutions, registered address D.H Road ,
Kolkata 700027, India ("Company") and you, and is made effective as of
the date of your use of this website http://omranalyzer.com ("Site")
or the date of electronic acceptance. This Agreement sets forth the
general terms and conditions of your use of the http://omranalyzer.com
as well as the products and/or services purchased or accessed through
this Site (the "Services").Whether you are simply browsing or using
this Site or purchase Services, your use of this Site and your
electronic acceptance of this Agreement signifies that you have read,
understand, acknowledge and agree to be bound by this Agreement our
Privacy policy. The terms "we", "us" or "our" shall refer to Company.
The terms "you", "your", "User" or "customer" shall refer to any
individual or entity who accepts this Agreement, uses our Site, has
access or uses the Services. Nothing in this Agreement shall be deemed
to confer any third-party rights or benefits.
Company may, in its sole and absolute discretion, change or modify
this Agreement, and any policies or agreements which are incorporated
herein, at any time, and such changes or modifications shall be
effective immediately upon posting to this Site. Your use of this Site
or the Services after such changes or modifications have been made
shall constitute your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO
NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
2. ELIGIBILITY
This Site and the Services are available only to Users who can form
legally binding contracts under applicable law. By using this Site or
the Services, you represent and warrant that you are (i) at least
eighteen (18) years of age, (ii) otherwise recognized as being able to
form legally binding contracts under applicable law, and (iii) are not
a person barred from purchasing or receiving the Services found under
the laws of the India or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a company or any
corporate entity, you represent and warrant that you have the legal
authority to bind such corporate entity to the terms and conditions
contained in this Agreement, in which case the terms "you", "your",
"User" or "customer" shall refer to such corporate entity. If, after
your electronic acceptance of this Agreement, Company finds that you
do not have the legal authority to bind such corporate entity, you
will be personally responsible for the obligations contained in this
Agreement.
3. RULES OF USER CONDUCT
By using this Site You acknowledge and agree that:
-
Your use of this Site, including any content you submit, will
comply with this Agreement and all applicable local, state,
national and international laws, rules and regulations.
You will not use this Site in a manner that:
- Is illegal, or promotes or encourages illegal activity;
-
Promotes, encourages or engages in child pornography or the
exploitation of children;
-
Promotes, encourages or engages in terrorism, violence against
people, animals, or property;
-
Promotes, encourages or engages in any spam or other unsolicited
bulk email, or computer or network hacking or cracking;
-
Infringes on the intellectual property rights of another User or
any other person or entity;
-
Violates the privacy or publicity rights of another User or any
other person or entity, or breaches any duty of confidentiality
that you owe to another User or any other person or entity;
- Interferes with the operation of this Site;
-
Contains or installs any viruses, worms, bugs, Trojan horses,
Cryptocurrency Miners or other code, files or programs designed
to, or capable of, using many resources, disrupting, damaging, or
limiting the functionality of any software or hardware.
You will not:
-
copy or distribute in any medium any part of this Site, except
where expressly authorized by Company,
-
copy or duplicate this Terms of Services agreement, which was
created with the help of the TermsHub.io and the Terms and
Conditions Generator ,
-
modify or alter any part of this Site or any of its related
technologies,
-
access Companies Content (as defined below) or User Content
through any technology or means other than through this Site
itself.
4. INTELLECTUAL PROPERTY
In addition to the general rules above, the provisions in this Section
apply specifically to your use of Companies Content posted to Site.
Companies Content on this Site, including without limitation the text,
software, scripts, source code, API, graphics, photos, sounds, music,
videos and interactive features and the trademarks, service marks and
logos contained therein ("Companies Content"), are owned by or
licensed to Edumee Learning and Solutions in perpetuity, and are
subject to copyright, trademark, and/or patent protection.
Companies Content is provided to you "as is", "as available" and "with
all faults" for your information and personal, non-commercial use only
and may not be downloaded, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any purposes whatsoever without the express prior
written consent of Company. No right or license under any copyright,
trademark, patent, or other proprietary right or license is granted by
this Agreement.
5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE
SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS
AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY,
COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY,
COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE
SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION
OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR
FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO
THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT
RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW,
and shall survive any termination or expiration of this Agreement or
your use of this Site or the Services found at this Site.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES
THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF
THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V)
THIRDPARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR
CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY
BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY
USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE,
HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED",
OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES
FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND
agree that any cause of action arising out of or related to this Site
or the Services found at this Site must be commenced within one (1)
year after the cause of action accrues, otherwise such cause of action
shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW, AND
shall survive any termination or expiration of this Agreement or your
use of this Site or the Services found at this Site.
7. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Company and
its officers, directors, employees, agents from and against any and
all claims, demands, costs, expenses, losses, liabilities and damages
of every kind and nature (including, without limitation, reasonable
attorneys' fees) imposed upon or incurred by Company directly or
indirectly arising from (i) your use of and access to this Site; (ii)
your violation of any provision of this Agreement or the policies or
agreements which are incorporated herein; and/or (iii) your violation
of any third-party right, including without limitation any
intellectual property or other proprietary right. The indemnification
obligations under this section shall survive any termination or
expiration of this Agreement or your use of this Site or the Services
found at this Site.
8. DATA TRANSFER
If you are visiting this Site from a country other than the country in
which our servers are located, your communications with us may result
in the transfer of information across international boundaries. By
visiting this Site and communicating electronically with us, you
consent to such transfers.
9. AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and our
policies, we shall use commercially reasonable efforts to attempt to
provide this Site on 24/7 basis. You acknowledge and agree that from
time to time this Site may be inaccessible for any reason including,
but not limited to, periodic maintenance, repairs or replacements that
we undertake from time to time, or other causes beyond our control
including, but not limited to, interruption or failure of
telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the
availability of this Site on a continuous or uninterrupted basis, and
that we assume no liability to you or any other party with regard
thereto.
10. DISCONTINUED SERVICES
Company reserves the right to cease offering or providing any of the
Services at any time, for any or no reason, and without prior notice.
Although Company makes great effort to maximize the lifespan of all
its Services, there are times when a Service we offer will be
discontinued. If that is the case, that product or service will no
longer be supported by Company. In such case, Company will either
offer a comparable Service for you to migrate to or a refund. Company
will not be liable to you or any third party for any modification,
suspension, or discontinuance of any of the Services we may offer or
facilitate access to.
11. FEES AND PAYMENTS
You acknowledge and agree that your payment will be charged and
processed by Edumee Learning and Solutions.
You agree to pay any and all prices and fees due for Services
purchased or obtained at this Site at the time you order the Services.
Company expressly reserves the right to change or modify its prices
and fees at any time, and such changes or modifications shall be
posted online at this Site and effective immediately without need for
further notice to you.
Except as expressly provided in these Terms, all charges and payments
are non-refundable, non-cancellable, and non-creditable, even if your
Services are suspended, terminated, or transferred prior to the end of
the Services term.
12. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party
rights or benefits.
13. COMPLIANCE WITH LOCAL LAWS
Company makes no representation or warranty that the content available
on this Site are appropriate in every country or jurisdiction, and
access to this Site from countries or jurisdictions where its content
is illegal is prohibited. Users who choose to access this Site are
responsible for compliance with all local laws, rules and regulations.
14. GOVERNING LAW
This Agreement and any dispute or claim arising out of or in
connection with it or its subject matter or formation shall be
governed by and construed in accordance with the laws of India, West
Bnengal, to the exclusion of conflict of law rules.
15. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of
Services will be settled by binding arbitration. Any such controversy
or claim must be arbitrated on an individual basis, and must not be
consolidated in any arbitration with any claim or controversy of any
other party. The arbitration must be conducted in India, West Bnengal,
and judgment on the arbitration award may be entered into any court
having jurisdiction thereof.
16. TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and ease
of reference only and shall not be utilized in any way to construe or
interpret the agreement of the parties as otherwise set forth herein.
17. SEVERABILITY
Each covenant and agreement in this Agreement shall be construed for
all purposes to be a separate and independent covenant or agreement.
If a court of competent jurisdiction holds any provision (or portion
of a provision) of this Agreement to be illegal, invalid, or otherwise
unenforceable, the remaining provisions (or portions of provisions) of
this Agreement shall not be affected thereby and shall be found to be
valid and enforceable to the fullest extent permitted by law.
18. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by
email or regular mail at the following address:
Edumee Learning and Solutions
D.H Road , Kolkata 700027
India
sohail1310@gmail.com