I.Introduction
Allern's mission is to provide universal access to the world class education. We have drafted these terms to ensure that people understand and follow the rules when participating in our online community or otherwise using Services. The website, application and the services are provided by Allern Enterprises Private Limited ("Allern/We/Us/Our"). These Terms of Use ("Terms") govern use of Allern's website ("Website"), Allern's application ("Application"), and other products and services of Allern ("Services") or any modes of registrations of the users ("User/You/Your") on the Website and/or Application. As some of Services may be software, including Website and Application, which may be downloaded to Your computer, phone, tablet, or other device, You agree that these Terms will apply to all or any update of these software.
The domain name, Website and the Application are owned, registered and operated by Allern Enterprises Private Limited, a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at Miraj Corporate Park, Plot No. A223, 3rd Floor, Road No. 16V, Wagle Industrial Estate, Thane West Maharashtra 400 604 India.
If You do not agree with the Terms [or the Privacy Policy], please do not use the Application or Website or avail any of the Services. Access to Services and/or Application and/or Website in through registrations or subscription or by any other prescribed mean is nontransferable. By using Services and/or Your use/access/browsing of the Application or Website or Your registration Application and/or Website through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by these Terms, including the policies referred in these Terms.
II.Registration And User Account
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time. Please read these Terms [and the privacy policy of Allern ("Privacy Policy")] with respect to registration with Us before using the Services and contact Us if You have any questions. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services the provisions of the Terms shall prevail.
You may use Services only if You can form a binding contract with Allern within the meaning of the Indian Contract Act, 1872, and only in compliance with these Terms and all applicable laws. Subject to these Terms and our policies [(including the Privacy Policy and other terms)], we grant You a limited, personal, non-exclusive, non-transferable, and revocable license to use Services. When You register with Us, and subsequently upon You using certain specified features, You must provide Us with accurate and complete information as required, and You further agree to update Your information to keep it accurate and complete in all manner. You also agree that You will create, access, and/or use only one user account, unless expressly permitted by Allern, and You will not share access to or access information for Your account with any third-party. You agree and confirm that You will not use another User's account nor provide access to Your account to any third-party.
Persons who are minors are not eligible to register with on Website or Application or for the Services. As a minor if You wish to use Website or Application or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Website or Application or Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. Allern will not be responsible for any consequence that arises as a result of misuse of any kind of Website or Application or Services that may occur by virtue of any person including a minor registering for the Services provided. By using the Services, You warrant that all the data provided by You is accurate and complete and that User using the Application has obtained the consent of parent/legal guardian (in case of minors). Allern reserves the right to terminate Your subscription and/or refuse to provide You with access to Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that Allern does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) years should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on the Application.
Your registration and access to the Application and Website shall be valid for a period up till the expiry of (a) 4 (four) months since completion of the academic year or (b) 16 (sixteen) months since the date of first click or the date of registration on Website or Application, whichever occurs prior.
You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify Allern of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to Allern, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
By submitting Your data on or through the Services or Application or Website (Your "Data"), You grant Us a right to exploit and distribute such Data in any manner permissible under the applicable law. You agree and grant Us a right to exploit, Your information or Data of any kind in connection with your location, in any manner including but not limited to for any commercial use, analytics, tracking and positioning Our products based on the density of the use etc. If You delete Your user account, Your Data may remain available through the Application or Website.
III.Bring Your Own Device
You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers, computer, laptop or other similar devices and availability of internet network and Allern cannot guarantee accessibility to the Application or Website at all times. You may own the medium on which the information, content or materials resides through the Website and/or Application, but Allern shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by Allern on such medium.
The Application and/or Website and/or Services are compatible only with certain devices/ tablets/ instruments/ hardware. Allern shall not be obligated to provide workable products and/or services for any instruments that are not recognized by Allern or those instruments that may be purchased from any third party which are not compatible with Application and/or Website and/or Services. Allern reserves the right to upgrade the type of compatible devices as required from time to time.
IV.Intellectual Property Rights
All information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application and/or Website and/or Services are proprietary property of Allern ("Proprietary Information"). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from Allern and nothing on this Application or Website or Services shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to Allern, to the User.
Through the Application and/or Website You will have the ability to access and/or use content provided by third parties and links to websites and services maintained by third parties. The third-party contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, You recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party. Allern cannot guarantee that such third-party content will be free of material You may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm Your computer, mobile device, or any files therein.
V.Rights of Allern
Allern may, based on any form of access or registrations through any source whatsoever, contact the User through push notifications, SMS, email, Whatsapp and call, to give information about the in the Application, Website or the Services as well as notifications on various important updates and to enable effective provision of Services. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail, WhatsApp, through the herein mentioned means at any time post registration and holds Allern indemnified against any liabilities including financial penalties, damages, expenses in case the User's mobile number is registered with Do not Call (DNC) database. By registering yourself, You agree to make Your contact details available to Our employees, associates and partners so that You may be contacted for education information and promotions through telephone, SMS, email, WhatsApp etc. It is Your sole responsibility to ensure that the account information provided by You is accurate, complete and true.
Allern reserves the right at its sole discretion to remove, review, edit or delete any content. You agree and acknowledge that Allern shall have the right at any time to change or discontinue any aspect or feature of the Website or Application, including, but not limited to, the content, hours of availability and equipment needed for access or use. Further, Allern may discontinue disseminating any portion of information or category of information and may change or eliminate any transmission method or transmission speeds or other signal characteristics. Allern reserves the right to refuse access to the Website or Application, terminate registration/ accounts, remove or edit contents without any notice to You in accordance with these Terms.
VI.Obligations of the User
Your use of the Website, Application and Services is solely for Your personal and noncommercial use. Any use of the Website, Application or Services or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Application, Website and/or Services shall be subjected to the following restrictions:
VII.Limitation of Liability
In the creation of the Application, Website and Services and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, Allern disclaims any responsibility for:
any errors, explanation, method of teaching, pedagogy, desktop material, language, punctuation, grammatical error, language, obscenity, gender bias, hurt to religious sentiments, syllabus, relevancy, and accuracy, of the content that may be contained on the Application and/or Website;
Neither Allern nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application and/or Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
You acknowledge that the contents of the Application and/or Website are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Application and/or Services and/or Website is not endorsed as a substitution to the curriculum-based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. Allern acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Application and/or Services and/or Website does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Application or usage of Services and/or Website does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
In no event shall Allern, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application and/or Website and/or Services. Further You agree and accept that Our liability (including the liability, if any, of our officers, directors, employees, partners or agents) shall be limited to 20% (Twenty Per Cent) of the MRP printed on the book/ similar product of Allern as purchased by the User.
VIII.Termination
Allern will terminate Your access to the Website and/or Application and/or Services, if
We may suspend access to the Website and/or Application or require You to change Your password if we reasonably believe that the Website and/or Application has been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or account or the Website or Application will not affect liability previously incurred by You.
Any violation by You of these Terms may result in immediate suspension or termination of Your registration and/or access to the Application and/or Website apart from any legal remedy that Allern can avail. Allern may also disclose Your account information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
IX.Indemnity
You agree to defend, indemnify and hold harmless Allern, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Application and/or Website and/or Services; (ii) Your violation of any term of these Terms or any other policy of Allern; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application and/or Website and/or Services has caused damage to a third party. This indemnification obligation will survive these Terms.
In the event of Your breach of these Terms, You agree that Allern will be irreparably harmed and may not have an adequate remedy in money or damages. Allern therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. Allern's right to obtain such relief shall not limit its right to obtain other remedies.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALLERN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR ANY OTHER CONTENT AVAILABLE AT WEBSITE AND/OR APPLICATION, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE AND/OR APPLICATION, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND/OR APPLICATION BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND/OR APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALLERN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, ALLERN LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE ALLERN PLATFORMS AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT ALLERN SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
X.General Provisions: