The following terms and conditions (the "Terms and Conditions") govern your use of the websites located at www.pendulumedu.com and other websites on which KUNAP Learning Pvt. Ltd. or one of their affiliates (collectively, “we,” “us,” or “our”) posts these Terms and Conditions (collectively “Sites”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE.
You should also read our Privacy Policy, which is incorporated by reference into these Terms and Conditions. If you do not accept and agree to be bound by these Terms and Conditions, including our Privacy Policy, do not use the Site or the products and services offered on the Site. By accessing the Site, you consent to these Terms and Conditions in electronic form. To withdraw this consent, you must cease using the Site and, if applicable, terminate your account
1. PROPRIETARY RIGHTS
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the Site, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, software, code, data or materials you may access on the Site.
2. TRADEMARKS
Trademarks, logos, service marks and trade names (collectively the "Trademarks") that are ours or Trademarks of any third party displayed on the Site or on content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site's products and services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
3. LIMITED LICENSE
You may access and view the content on the Site on your computer or other internet compatible device, for your personal, non-commercial use only. To the extent you need to download software or documentation to use the products or services on the Site, we grant you a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such license will terminate when you no longer use the products or services. The Site and the products and services offered on or through the Site, including any content and materials on the Site, are only for your personal, non-commercial use. We reserve the right to change or make corrections to the operation of, or any information available on, the Site at any time and without prior notice.
4. CERTAIN OBLIGATIONS AND PROHIBITIONS
(a) Any commercial distribution, publishing or exploitation of the Site, or any content, software, code, data or materials on the Site, is strictly prohibited. Except as expressly permitted by these Terms and Conditions, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Site. If you improperly use the Site, we may aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution.
(b) We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the various products, services and features offered on or through the Site, you will not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party's advertising, branding or other promotional content into any of the Site's content, materials or services; or (iii) gain or attempt to gain unauthorized access to other computer systems through the Site.
(c) You agree to not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any products, services, or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the products or services offered on or through the Site, including but not limited to any information residing on any server or database connected to the Site or any products or services offered on or through the Site; (ii) use the Site or the products or services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such products or services, including but not limited to sending mass unsolicited messages or "flooding" servers with requests; or (iii) use the Site or the Site's products or services in violation of any applicable law or the legal rights of any third party.
(d) You agree that you will not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's products or services, or any content thereof, or make unauthorized use thereof.
(e) You agree that you will not upload, post, transmit, distribute or otherwise publish through the Site or any product, service, or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site's products or services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe the intellectual property, privacy, publicity, or other rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You alone are responsible for the content and consequences of any of your activities, both on and off the Site.
5. RIGHT TO MONITOR AND EDITORIAL CONTROL
We reserve the right, but do not have an obligation, to (a) monitor and/or review all materials posted to the Site or through the Site's products, services, or features or (b) refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable, violate these Terms and Conditions, or violate applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice of liability.
6. PRIVATE OR SENSITIVE INFORMATION ON PUBLIC FORUMS
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
7. LINKS
(a) You may be able to link from the Site to third party websites and third party websites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by our affiliates. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
(b) You agree that if you include a link from any other website to the Site, such link will open in a new browser window and will link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our products or services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on this Site on another website, for any purpose, including but not limited to posting such images on another site. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you.
8. INDEMNIFICATION
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Site or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
9. PRODUCTS AND SERVICES
Pendulumedu and its associates attempt to be as accurate as possible in the content and information provided on this site. However, pendulumedu does not warrant that or other content of this site is accurate, complete, reliable, current or error-free. We explicitly disclaim any responsibility for the correctness, accuracy, completeness or availability of information, content and materials found on sites that link to or from the Website. We cannot ensure that you will be happy with any products or services that you purchase from a third-party website that links to or from the Website or third-party information, content or materials contained on our Website.
All the content is either licensed from multiple content partners or owned by Pendulumedu. Although every effort is made to ensure that Pendulumedu licenses original content from its content partners, Pendulumedu will not be held responsible if any of the licensed content violates the intellectual property rights of any third party. However, we are happy to discuss this with our content partners and resolve the issue if brought to our notice.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
PENDULUMEDU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PENDULUMEDU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PENDULUMEDU DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PENDULUMEDU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PENDULUMEDU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
11. CANCELLATION & REFUND POLICY
Cancellations: As a general rule, all sales made on PendulumEdu are final and you shall not be entitled to cancel your order once you have received confirmation of the same. PendulumEdu reserves the sole right to cancel any order as per our discretion in case (i) we are unable to deliver the order in a satisfactory manner and/ or (ii) the user tries to take advantage of the system which violates the Terms of Use. PendulumEdu will ensure that any communication of cancellation of an order or any applicable refund will be made within a reasonable period of time.
Refunds: You shall be entitled to a refund only if PendulumEdu is unable to deliver your order. For refund requests please email to contact@pendulumedu.com within 1 week of the date of purchase. All refunds will be processed on a prorated basis, depending on the service already delivered by PendulumEdu. Refunds will be done directly to the original payment mode within seven working days of finalization of the claim.
12. DISPUTES
Any dispute relating in any way to your visit to Pendulumedu or to products/services you purchase through Pendulumedu or your having violated or threatened to violate Pendulumedu’s intellectual property rights, then the same shall be submitted to arbitration of courts in Noida, India only.
13. TERMINATION
We may terminate, change, suspend or discontinue any aspect of the Site or the Site's products or services at any time. We may restrict, suspend or terminate your access to the Site and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
14. CHANGES TO TERMS OF USE
We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the Site and/or the products or services offered on or through the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
15. COMMUNICATION
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. You also may sign up, and therefore agree, to receive SMS or text messages on your mobile phone.
16. CONTACT US
If you have any questions regarding the Terms & Conditions set forth here, please email us at: contact@pendulumedu.com with "Terms" in the subject line.
