Terms & Conditions
SERVICE PROVIDER AGREEMENT
THIS SERVICE PROVIDER AGREEMENT (hereinafter referred to as the “Agreement”) is made at New Delhi on this 13th day of January, 2021 (“Execution Date”) and shall be deemed to be valid and retrospectively effective from 26th day of June, 2020 (“Effective Date“) .
1. Definitions
For the purpose of this Agreement, unless otherwise repugnant to the context and meaning thereof, the following terms shall have the meaning ascribed to them as under:
a. “Agreement” means this Agreement and any and all schedules, annexure and exhibits attached to it or incorporated in it by reference and shall include any amendments or addendums to this Agreement effected in accordance with this Agreement, in writing and signed by the Parties.
b. “Confidential Information” shall mean and include information all information, specifications, documents, and other data which either party may have imparted and may from time to time impart to the other party or where the other party otherwise obtains relating to its business, customers, prices, services, requirements, the Software, including any technical specifications.
c. “Intellectual Property Rights / IP” means patents, trademarks, trade secret, service marks, trade names, design rights, copyright, database rights, semi-conductor topography rights, domain names, know-how, formulation, data, technology, designs, inventions, improvements, discoveries, processes, models or sales, financial, contractual and marketing information, and other intellectual property rights (of whatever nature and wherever arising) whether registered or unregistered including applications for the grant of any such rights.
2. Terms of Service
WHEREAS, all the information posted publicly on the website literacygrowth.com is provided by the User on a volunteer basis of this website and members of literacygrowth.com. Users of literacygrowth.com and members of Literacy Growth have varying levels of knowledge; Literacygrowth.com does not certify accuracy of any information or certify that any level of expertise relevant to that information has been met. Your access to and use of literacygrowth.com or any other site/app operated by the Literacy Growth (collectively the “Site”) is governed by these Terms of Service (“Terms”) and Privacy Policy clause on the Site and any notices and consent provided or obtained in connection with the Site (collectively, the “Agreement”). The Site is operated by Literacy Growth and its members (“the Company”). Use of the Site includes accessing, browsing, or registering to use the Site. Please read these Terms carefully before you start to use the Site.
By using the Site and/or providing Content to the site, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use the Site. If you do not agree with any amendments made to these Terms at any time in future, you must stop using the Site with immediate effect.
The terms “Literacy Growth”, “literacygrowth.com”, “We,” “Us,” or “Our” used in the Agreement refers to Literacy Growth, its members and designers/developers. “You” or “Your” or “User” refers to you, the user/customer of this Site.
BY USING THE SITE, THE CUSTOMER AGREE AS FOLLOWS:
3. Type of Content on the Site
The information available on this Site, including, without limitation, reviews, opinions, directions, guides, graphics, photographs, logos, audio or video clips, Submissions and data (collectively “Content”) is not a substitute for any type of professional advice, including, without limitation, psychiatric, medical, financial, or legal advice. Always seek the advice of an appropriate professional and never disregard professional advice or delay in seeking it because of Content on this Site. Literacy Growth does not certify or endorse the Content on this Site, including without limitation any opinion, recommendation, advice, or any other information contained in the Content.
LITERACYGROWTH.COM IS NOT RESPONSIBLE FOR HARM TO PERSONS OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, USE OF ANY CONTENT ON THE SITE.
4. Agreement to Deal Electronically
The customer use of the Site is conducted electronically, and you agree that literacygrowth.com may communicate with you electronically for all aspects of your use of the Site, including sending you electronic notices. If the customer does not wish to deal electronically, do not use this Site. Delivery of electronic notices is not infallible, so you agree to contact literacygrowth.com if you need information about the Site. You agree to keep all records relating to your use of the Site and to print or make an electronic copy of this Agreement and any disclosures provided on the Site as per your requirements. You agree that in case there are any changes in your information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. Except as prohibited by law, you waive any law requiring different communication methods in connection with your use of this Site. Literacygowth.com reserves the right, at its sole discretion, to deliver notices and disclosures by other means such as postal mail. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Changes to this Agreement
It is pertinent to mention that the customer visiting the website is bound by the version of this Agreement that is in effect on the date of your visit. The terms of the present Agreement may change from time to time, therefore, it is recommended that please review it when you visit the Site. Any use of the Site after the effective date of change will constitute your consent to the revised Agreement.
6. Protect Your Password: Account and Password
Subject to the additions in the features of the Site, the customer may be prompted to register with us. An account will be created for your use (“Account”) on the Site and you will be provided with required Account Information to enable your access to the Account. The term “Account Information” refers to a user identification code, password or any other piece of information which may be provided to you as part of our security procedures. If you access the Site after logging into any third party app like Facebook, Twitter or Gmail, the login information of such third party account, as the case may be, can be considered as the Account Information. The Account Information must be considered as confidential and it must not be disclose it to any third party. Any access to the Site through your Account shall be considered an access by you or on your behalf. The customer shall be solely responsible for any activity carried out in, by or through your Account either on the Site or any third party Site accessed by you.
Subject to applicable law, the customer agrees to be liable for all uses of your Account whether or not actually authorized by you, including but not limited to use of your Account to submit questions at the Site or to answer questions through the Site. If you know or suspect that anyone other than you know or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at [destinyofworld01@gmail.com].
If the eligibility criteria is to be registered with the Site and the customers no longer comply with the new eligibility criteria, as determined by us in our sole discretion, the customers accept that we may close your Account without any liability for us. The customers are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the services is revoked where these Terms or use of the services is prohibited under the applicable law and, in such circumstances, the customer agrees not to use or access the Site or services in any way.
We have the right to disable your use of the Account Information or any part of it, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
7. Intellectual Property Rights
The customer acknowledges and agrees that it has/ shall have no rights including but not limited to any intellectual property rights, copyrights, etc. in and to the results/ proceeds of its services in relation to the Film (if any) (hereinafter “Rights”) and all such Rights (if any) shall exclusively vest with Caim Consulting.
The customer will not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
The customer must not use any part of the Content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If the customer prints off, copy or download any part of the Site in breach of these Terms, the customers right to use the Site will cease immediately and you must, , return or destroy any copies of the materials you have made.
Literacygrowth.com hereby grants you a limited, non-transferable license to access and use the Site and Content solely for your personal and non-commercial purposes. Except for the license in this Section 6, literacygrowth.com retains all right, title, and interest in and to the Site and Content. Subject to applicable law, literacygrowth.com reserves the right to suspend or deny, at its sole discretion, your access to all or any portion of the Site with or without notice.
The customer will not access or use the Site or any portion of the Site if such access would violate any law. Except as provided in this Agreement, permission to reprint or electronically reproduce any Content owned by us, in whole or in part for any purpose is expressly prohibited, unless prior written consent is obtained from literacygrowth.com. The customer may contact us if they wish to obtain such consent. The Content on this Site is protected by copyright under the Indian laws and the foreign laws. All rights not expressly granted herein are reserved to literacygrowth.com and its licensors.
The license in this Section 6 does not include permission to copy the design elements, “look and feel” or layout of this Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Subject to applicable law, literacygrowth.com reserves the right to revoke the above permission at any time and to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice. Except as expressly provided in this Agreement, neither literacygrowth.com nor any third party has conferred upon you by implication, estoppels, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.
8. Terms Relating Services
If the customer uses the services, the customer are solely responsible for communications posted by you or through your Account. The customer agrees that violation of any of the following Terms constitutes a material breach of this Agreement:
a) Using the service for any purpose in violation of local, state, national, or international laws;
b) Providing false information on your registration form or impersonating any person;
c) Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
d) Posting or transmitting any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by literacygrowth.com in its sole discretion, or contains content that would be prohibited or violates the letter or spirit of the Terms;
e) Posting or transmitting any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, “junk mail,” “Spam,” “chain letters,” or any unsolicited mass distribution of email;
f) Posting surveys, contests, or pyramid schemes;
g) Posting improper questions or answers that are not related to the particular topic;
h) Stalking, harassing, or otherwise harming others;
i) Distributing viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
j) Collecting or storing personal data about other users of the Site; Inducing, enticing, soliciting, recruiting, luring, or attempting to induce, entice, solicit, recruit, or lure users or experts to another web site which, literacygrowth.com reasonable determination, is a competitor of literacygrowth.com;
k) Engaging in any other conduct that inhibits any other person from using or enjoying the Q&A service or the Site;
l) Accessing or attempting to access any restricted portions of the Site including any developer code not freely available;
m) Breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
n) Threatening the unity, integrity, defence, security, foreign relations or sovereignty of India.
o) Engaging in any other behaviour on the Site, which in literacygrowth.com sole discretion is unacceptable.
Literacygrowth.com may (but is not obligated) to remove Content for any reason, with or without notice to you, including without limitation Submissions (as defined below) that do not conform with the Terms and terminate your access to the Site.
9. License to Submissions to the Site
Should the customer provides the Site with information to be available to other users of the Site, including without limitation, postings, feedback, data, questions, comments or suggestions (“Submissions”) those Submissions will be deemed non confidential and to be the property of the customer and you undertake that you have the requisite permissions to share such Submissions. In consideration of the services provided to you by us, you grant literacygrowth.com a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Such additional uses by us or others may be made with no further consideration paid to you. Literacygrowth.com may sublicense these rights to third parties.
10. Copyright Infringement Notification & Other Reports
Besides the personal efforts, we also rely on users of the Site to bring copyright violations to our attention. If you are aware of infringing materials on the Site, please notify literacygrowth.com member by sending us an e-mail at [destinyofworld01@gmail.com].
To be effective, the Notification must include the following:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit literacygrowth.com to locate the material;
d) Information reasonably sufficient to permit literacygrowth.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
e) A statement that you have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, literacygrowth.com does not guarantee any action based upon the receipt of such information.
ALL INQUIRIES NOT IN COMPLIANCE WITH THE ABOVE NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT MAY RECEIVE NO RESPONSE.
11. Your Representations & Warranties
The customer represents and warrants for the benefit of literacygrowth.com and literacygrowth.com licensors, suppliers, and any third parties mentioned on the Site that: (a) the customer is at least 18 years of age; and if you are below 18, then you have obtained verifiable parental consent to use this site; (b) you possess the legal right and ability to enter into and make the representations and warranties contained in this Agreement in accordance with the Indian Contract Act, 1872; (c) all information submitted by the customer is true and accurate; (d) the customer will keep their registration information accurate at all times; (e) the customer will be responsible for the use of their Account even if such use was conducted without your authority or permission (for example, and not by way of limitation, if an unauthorized third party submits or answers a question under your Account); (f) the customer will not use the Site for any purpose that is unlawful or prohibited by this Agreement (for example, and not by way of limitation, abiding by the Terms); and (g) all Submissions are owned by the customerand literacygrowth.com use of the Submissions does not infringe or violate the intellectual property or other rights of any third parties.
12. Indemnity
i. The Service Provider hereby indemnifies and shall keep literacygrowth.com indemnified at all times from and against any and all claims, losses, actions, proceedings, demands, damages, costs and expenses (including legal expenses) that may be incurred by literacygrowth.com however arising, directly or indirectly, due to or in relation to (i) the non-performance of the services by the Service Provider and/or the Services by the Artistes; or (ii) the breach or alleged breach of any of the Service Provider’s undertakings, obligations, representations, warranties or terms of this Agreement.
ii. The Company reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the Company.
13. Release & Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of our Site, its services or Content. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14. Disclaimer of Content and Warranties
a) Content Disclaimer
literacygrowth.com is an intermediary as defined under subclause (w) of Section 2 of the Information Technology Act, 2000, which is as follow-
intermediary”, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes.
The information contained in this Site is for general information purposes only. The information is provided by literacygrowth.com and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, Services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
That the customer understands and agrees that their use of the Site, the content, products and Services is at their sole risk. All contents and materials on the Site are provided on an AS IS and AS AVAILABLE basis. Nothing on the Site shall be construed as conferring any license under any of literacygrowth.com or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.
It shall be the endeavor of literacygrowth.com to provide accurate data, but in case the results that are obtained from the use of the Site including from counselling products like cut-off, admissions, registrations, results, rankings, internships, etc. are inaccurate, for any reason, then literacygrowth.com shall bear no responsibility from the loss arising from the same.
b) Warranty Disclaimer
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this Site.
We expressly disclaim warranties of any kind for any use of or any access to any of its platform, to any material, information, links, or content presented on its platforms, to any external Site linked thereto, and to any material, information (including any software, products, or Services), links, or content linked thereto including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
literacygrowth.com has no control over any external Site or over any external material, information, links, and content linked to its platforms. There are no guarantees and no warranties of online availability, impressions, and click-throughs. The entire risk as to the performance of, or non-performance of, or arising out of the use of, or the access of, or the lack of access to our platforms, any material, information, links, or content presented on the platforms to any external Site linked thereto, or to any external material, information, links, or content linked thereto, is borne by the user, visitor, customer, or other person.
15. Viruses
You will be responsible for introduction of any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately. You should use your own virus protection software. We cannot and do not guarantee or warrant that files available for downloading from the Site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
16. Links to Third Party Sites
As a convenience, the Company may provide links to third party web sites from the Site. Literacygrowth.com is not responsible for and does not endorse the informational content or any products or services available on any third-party web site and does not make any representations regarding their content or accuracy. We do not control any third party web site, and we are not liable for any technological, legal or other consequences that arise out of your visit or transactions there. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such sites. This means that we are not your agent and will not be a party to any contract you enter.
17. Limitation of Liability and Remedies
In no event shall literacygrowth.com, its affiliates, directors, officers, employees, partners, advertisers, licensors, suppliers or agents be liable to you or any third party for any special, incidental, indirect, consequential, punitive or exemplary damages whatsoever, (including those resulting from loss of use, data or profits, personal injury, failure to meet any duty including acts of good faith or of reasonable care, lack of negligence, and for any other pecuniary or other loss or any other claim) arising out, of or in connection with, your use of, or access to the Site. Except as required by law, we will not be liable for any direct losses or damages arising in contract, tort (including negligence) for any reason whatsoever.
Notwithstanding any damages that you might incur for any reason, your exclusive remedy for all of the foregoing will be limited to discontinuing your use of the Site. These limitations and exclusions regarding damages will apply even if any remedy fails. If, however, a Court or Tribunal of competent jurisdiction determines that you are entitled to direct damages pursuant to applicable law you agree that Literacy Growth liability will not exceed the amount of Rs. 250.00 (two hundred fifty Indian National Rupee). You acknowledge and consent that this provision is fair in the meaning of the applicable laws.
18. Miscellaneous, Entire Agreement
If any part of this Agreement is determined to be illegal, void, invalid or unenforceable, then the invalid or unenforceable provision (or portion) will be deemed superseded by valid, enforceable language that most closely matches the intent and allocation of risk in the original provision (or portion) and the rest of the Agreement will continue in full force and effect. The Agreement constitutes the entire agreement between you and literacygrowth.com with respect to the Site and your use of the Site, and supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between you and literacygrowth.com regarding the Site and your activities.
19. Geographical & Export Restrictions
You agree that all Content posted or accessible via the Site is subject to applicable export control laws and regulations of the Government of India. You agree not to export or re-export any Content directly or indirectly, to any country not permitted by Indian government export restrictions.
20. Applicable Law, Dispute Resolution & Jurisdiction
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Policy and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Privacy Policy and/or Terms of Service.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow.
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai in the state of Maharashtra, India.
The Parties expressly agree that the Terms, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Raipur, Chhattisgarh shall have exclusive jurisdiction over any disputes arising between the Parties.
In any dispute between literacygrowth.com and you relating to this Site, the prevailing party will not be entitled to attorneys’ fees, costs and expenses.
21.Term & Termination
We reserve the right to refuse to continue providing you with access to this Site if we discover that you are incompetent to contract by virtue of your age or otherwise under Applicable Law. This Site is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. The Terms shall continue to form a valid and binding contract between the user and the Company, and shall continue to be in full force and effect until users continue to access and use the Site. Provided, however, certain sections of these Terms such as Disclaimer of all Warranties and Duties, Limitation of Liability and Remedies, Intellectual Property Rights, Indemnification, Release and Waiver, Applicable Law & Jurisdiction shall continue to remain in full force and effect indefinitely.
23. Miscellaneous
Counterparts: This Agreement may be signed in any number of counterparts, each of which is an original and all of which, taken together, constitutes one and the same instrument.
Notices: All notices given pursuant to this Agreement shall be in writing and shall be delivered to the Parties at their respective addresses, as stated hereinabove, in this Agreement. The Parties may, from time to time, change their respective addresses or representative for receipt of notices provided for in this Agreement by giving to the other Party not less than 7 (seven) days prior written notice.
Relationship of Parties:This Agreement is entered into between the Parties on a principal to principal basis and nothing in this Agreement shall constitute or be deemed to constitute a partnership or agency between any of the Parties hereto and none of them shall have any authority to bind the other in any way.