Terms of
use
The website www.eageyouth.com (‘Site’ it includes all
softwares and related programs, concepts, formats, plans, facilities
etc.) is owned and operated by eAge software Services Pvt. Ltd.
(‘the Owner’, ‘we’, ‘us’,
‘our’) a company incorporated in India under the
Companies Act, 1956 and having its registered office at Plot No. 4,
2nd Floor,DDA Complex,Capital Trust II,Okhla Industrial Area - Phase
- II, New Delhi 110020.
Please read the Terms & Conditions below (‘User
Agreement’) before you use or access the Site or permit the
nominated user (nominated user is the person named in the
registration form as the person who shall be using or accessing the
Site. Where you, the person registering, are not the nominated user,
then, unless repugnant or contrary to the context the expression
‘you’ ‘yourself’ or the like wherever
appearing shall include nominated user) to do so. In order to
register with the Site, which is mandatory before using or accessing
the Site, you and the nominated user must first agree to be bound by
and to abide by the Terms & Conditions /the User Agreement.
We may make changes to the User Agreement at any time by posting
them to this page. It is your responsibility to make sure that you
and the nominated user are aware of the same by checking for any
changes on a regular basis. Changes will become effective as soon as
they are posted and shall apply to you and to the nominated user
regardless of when you had registered and made payment. If you or
the nominated user use or access the Site after the changes to the
User Agreement have been posted, it means that you have reviewed and
accepted any and all such changes.
Before you continue, you should read the User Agreement carefully
and only then proceed further to exercise your option of, whether or
not to accept the same. If the nominated user is some other person,
please make sure he / she also reads the User Agreement before using
or accessing the Site, in any manner.
If you do not accept the User Agreement please to do register
yourself with the Site. You can accept the Terms & Conditions /
the User Agreement by clicking/ selecting/ pressing the “I
Accept” option below. By accepting the Terms & Conditions/
User Agreement, a binding agreement shall arise between you and us
which shall be governed by the laws of India.
You may not enter into the User Agreement, if:
- you are not of the legal age of entering into a binding and legal
contract; or
- you are a person barred under the laws of India or other countries
including the country in which you are resident or from which you
use the Site, from using or accessing the Site.
UserAgreement
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This User Agreement includes, inter-alia, all the rights, remedies
and obligations between the parties, the limitations and
exclusions and also the governing law and dispute resolution
agreement.
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Although a minor can use the site as a user/nominated user,
registration and payment process to any facility at the site
should be completed by a parent/guardian or any other person who
is of a legal age to enter into a contract on behalf of the user.
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You or the nominated user, by accepting the User Agreement and
registering yourself with the Site shall be granted a permissive,
limited, non-exclusive license to access and use the Site, in
accordance with this User Agreement, upon payment of applicable
Charges for and in accordance with the terms and conditions for
different facilities available on the Site.
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To use any facility on the Site, you will first need to register
on the Site by giving the details as asked for. On such
registration, you will be given an account name and password.
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You agree to provide true, accurate, current and complete
information about yourself as prompted by the registration from
(such information being “Your Data”), and maintaining
and promptly updating Your Data to keep it true , accurate,
current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or we have
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, we have the right to
suspend or terminate your account and refuse any and all current
or future use or access of the Site (or any portion thereof)
without any liability to you.
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For information about our data protection practices, please read
our Privacy Policy at the url:
Privacy Policy
before proceeding any further. The use of the Site is governed by
our Privacy Policy. This policy explains how we shall treat your
personal information, and protect your privacy, when you use the
Site. You agree to the use of Your Data in accordance with our
Privacy Policy. The terms of the Privacy Policy are incorporated
herein by specific reference and shall be deemed to constitute a
part of this User Agreement. In the event of any inconsistency,
the terms of this User Agreement shall prevail.
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Without limitation to the terms and conditions set forth in our
Privacy Policy, you understand and agree that we may disclose
personally identifiable information or data/ Your Data if required
to do so by law or in the good faith and belief that such
disclosure is reasonably necessary to comply with legal process,
enforce this User Agreement, or protect the rights, property, or
safety of the Company, of our users, and /or the public.
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You are solely responsible for maintaining the confidentiality and
secrecy of your account(s), password, for restricting access to
your computer or mobile device and for all activities and
liabilities associated with or occurring under account (s) and
password (s) including Your Data. You will not share your account
or any information related therewith with other person(s). The
account is neither transferable nor assignable. You will be fully
responsible for all activities that occur under your password or
account. You agree to (a) immediately notify us of any
unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the
end of each session. We cannot and will not be liable for any loss
or damage arising from your failure to comply with your
obligations. Users of public or shared computers or unprotected
mobile devices should logout at the completion of each visit to
eAge Web Site.
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If you find that you are a victim of identity theft and it
involves an eAge account, you should notify our customer service.
Then, you should report this instance to all your credit card
issuers, as well as your local law enforcement agency. eAge
reserves the right, without being obliged to do so, to place any
account on hold anytime with or without notification to the
subscriber in order to protect itself and its partners from what
it believes to be fraudulent activity. eAge is not obligated to
credit or discount a membership for holds placed on the account by
either a representative of eAge or by the automated process of
eAge
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On registering with the Site, you will have the permission to use
or access the different facilities offered by making payment of
charges (plus taxes etc. as applicable)
("Charges") for each facility as provided on the Site
and on your agreeing to be bound by and to abide with the terms
and conditions specifically given on the Site for such
facilitates, in addition to the terms of this User Agreement,
which you hereby do, unless you have opted for the free trial/
evaluation version of the facility.
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Upon receipt of the
Charges we agree to let you use and access the facility for which
you have paid Charges.Payment of Charges shall not entitle you to
use or access the facilities on the Site. It shall be our sole
discretion whether or not to permit you to use or access the
facilities on the Site even after you have paid the Charges.
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We encourage the use of our service through free trial. Free trial
is only available to first time customers of the eAge service and
cannot be combined with any other offer. You or the nominated user
can avail of the free trail/ evaluation facility by registering
yourself, without payment of any Charges. The duration of the free
trial/ evaluation period for each facility shall be mentioned on
the page where other details about that facility are set out. Once
the free trial / evaluation period comes to an end you or the
nominated user shall be permitted to use or access the facility
only upon payment of applicable Charges. The User Agreement shall
be binding even during the free trial/ evaluation period. No user
can use the free trial/ evaluation facility more than once, for
any facility. The free trial / evaluation facility may not have
all the benefits as are attached to a regular paid version. The
free trial /valuation facility offered may be different for
persons of different countries. It is advisable to see our refund
policy before making the decision of whether or not to use the
free trial/ evaluation facility.
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You will have to pay the Charges in accordance with the terms
mentioned for each facility that you may chose to avail, as
published on the Site.. The Charges may be changed at any time
without prior notice. The change in the Charges will be notified
on the Site and may be communicated to you by e-mail. The changed
Charges shall be applicable as soon as they are notified on the
Site. All further payments shall have to be made as per the
Charges applicable at the time of making the payment. eAge
reserves the right to offer promotions periodically to certain
group of customers and thus not available to all customers. The
refund policy for each facility is given on the page/ site for
that particular facility and it is recommended that you see the
same before making any payment. However, in case the Site is
pulled out or discontinued, the Charges paid shall be refunded
proportionately after taking into account the usage by the
nominated user and deducting the proportionate Charges for each
instance of use.
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You must at your cost and expense obtain, maintain and provide all
equipment necessary to use the Site, including a computer and
modem, mobile telephone or other appropriate access device. You
acknowledge that you are solely responsible for the set-up,
configuration or compatibility of the hardware, software and other
equipment used by you for obtaining access and use of the Site. If
any alteration in the whole or any part of the Site requires
changes in your hardware, software or other equipment, you must
effect these changes at your own cost and expense.
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In order to provide you with easy access to your account, we will
place a cookie (a small text file) on any computer from which you
access the Site. This cookie is used to identify you throughout
the Site. This cookie will be destroyed when you close the browser
or logout of the Site.
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The Site shall be used and accessed exclusively by
user nominated in the registration form and
is neither intended nor meant for general use. No person other
than a nominated user shall use or access the Site, except as
otherwise expressly provided. The nominated user shall not be a
group or entity. Only an individual, natural person can be a
nominated user.
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You understand and accept that use or access of the Site is
entirely at your own risk.
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The use or access of the Site is permissive. We reserve the right
to withhold our permission to the access or use of the Site in the
event that you fail to pay any part of the Charges as and when the
same becomes payable or if in our opinion the use or access of the
Site by the nominated user is in any way harmful or if there is
any misuse or unauthorized use of the Site by the nominated user.
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We shall endeavour to provide 24x7 Site availability. However, the
nominated user may not at all times be able to use or access the
Site or use the facilities. This may happen due to various
reasons. No claim shall be made against us for failure of
technology, inability to connect to the Site, inability to receive
or submit content or to use the facilities or any one of them. In
case of any such event taking place you can send us an e-mail or
contact us at
wecare@eageyouth.com
and we shall take all possible measures to address the problem at
hand.
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We use a combination of proprietary technology and licensed
products that require collaboration with third parties. Although
due care has been taken in integrating the solution and it is our
endeavor to maintain continual access, we do not guarantee 100%
uptime.
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You have authorized us to record, save and preserve for as long as
we desire, without in any manner being obliged to do so, the
inter-active session of the nominated user on our Site while using
any facility.
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You agree that we are only providing the Site. All persons, except
where expressly stated otherwise in writing, with whom the
nominated user shall be inter-acting with on the Site while using
or accessing the same including the facilities, are third party
contractors (includes without limitation Gurus, teachers,
consultants, counselors, etc.) who have been engaged to, as far as
possible, assist the nominated user with their individual
requirements. The third party contractors are not our agents,
employees, representatives etc. We make no representation and give
no warranty in respect of such third party contractors, or any of
them, in any respect. We do not in any manner represent, assure or
warrant that with the use or access of the Site and/or the
interactive session of the nominated user with any third party
contractor the nominated user would gain some special advantage or
make him/her perform better than what he/ she was already doing
and/or that the nominated user would maintain or sustain his/her
current performance. We have no control either on the nominated
user or on the content they submit. We do not endorse or certify
as correct any view, information, content etc. submitted or given
by the third party contractor or other users or contained in any
site or page, the link of which is given by them (third party
contractor) or other users. You will not hold us responsible for
your reliance on such views, information, content etc., which
shall be at your sole risk. You are not in any way obliged to
reply upon or to follow or act upon or to omit to do something on
the basis of such view, information, content etc. submitted or
given by the third party contractor or other users or contained in
any site or page, the link of which is given by them (third party
contractor) or other user.
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Although reasonable care, considering the Charges being paid by
the nominated user, has been taken to engage third party
contractors we cannot, in any manner be responsible for them or
their performance or behavior or the content submitted by them.
Should the nominated user at any point of time feel that the third
party contractor is not good or the conduct of such third party
contractor is not acceptable or is objectionable we should be
notified without promptly without any delay and we shall take all
steps to resolve the concern of the nominated user.
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We are not going to monitor the content. We have no control over
the content that will be submitted or exchanged between the third
party contractor and the nominated user. You and the nominated
user agree not to hold us responsible, in any manner, for the
content. You and the nominated user alone are responsible for the
content you submit on the Site. We are neither responsible for the
content submitted by you nor for that submitted by any third party
contractor. In case, you find any content objectionable bring it
to our notice and we will after evaluating whether or not it is
objectionable, take suitable preventive measures, as far as
possible, to avoid the same.
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Where the nominated user is a minor, we strongly advise parental
control. You shall have the option to walk into the interactive
session between the nominated user and the third party at our
Site, with or without either of them being aware of your presence.
To exercise this option we will be providing you with a parent
login and password and you can attend the classes from parent
“my Gurumantra space” . This will give you an
opportunity to monitor the content including its quality.
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You agree not to access (or attempt to access) the Site by any
means other than through the interface that is provided by us. You
specifically agree not to access (or attempt to access) the Site
through any automated means (including use of scripts or web
crawlers) and that you shall ensure that you comply with the
instructions set out and present on the Site.
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You or the nominated user shall use the Site for permitted and
lawful purposes only. You and the nominated user are solely
responsible for the knowledge of and adherence to all applicable
laws, rules, and regulations pertaining to your use of the Site.
You agree that you and the nominated user will not in any way (i)
engage in any activity that interferes with or disrupts the Site
(or the servers and networks which are connected to the Site) or
interferes with the ability of others to access or use the Site;
(ii) disrupt the normal flow of communication or otherwise act in
a manner that negatively affects other users ability to access or
use the Site or the services; (iii)claim a relationship with or to
speak for any individual, business, association, institution or
other organization for which you are not authorized to claim such
a relationship; (iv) claim any relationship with the Site, us,
owners, e-Age, e-Age representatives, employees etc.
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You and the nominated user agree that you will treat all third
party contractors and other users of the Site with respect and not
use obscenities on the Site, make threats, or discuss matters
other than those directly related to the subject matter of the
facility concerned . You agree that you will neither solicit any
personal information or any other information unrelated to the
facility for which the third party contractor is assisting you,
from any third party contractor nor shall you disclose any such
information to them or any of them. If any third party contractor
ever discloses such information to you or asks you to disclose
such information you agree to immediately report this to us by
phone and in writing. Neither shall you ask the third party
contractor for any offline meeting or conversation (includes any
conversation or meeting other than on the Site) nor would you
agree to any such request by any third party contractor. You shall
promptly notify us in writing and by phone if any such request is
made by any third party contractor.
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You shall not reproduce, duplicate, copy, sell, trade or resell
the Site or its contents for any purpose.
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Although as an online service provider, we are not responsible for
the conduct of our users or of the third party contractors, we
want the Site to be a safe place on the internet. Therefore, in
using the Site you represent, warrant and agree that no materials
of any kind submitted through your account or otherwise posted,
transmitted, or shared by you on or through the Site will violate
or infringe upon the rights of any third party, including
copyright, trademark, privacy, publicity or other personal or
proprietary rights; or contain libelous, defamatory or otherwise
unlawful material. In addition, you agree not to use the Site to:
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post content or initiate communications which are unlawful,
libelous, abusive, obscene, discriminatory, invasive of privacy or
publicity rights, hateful, or racially, ethnically or otherwise
objectionable;
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upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
“junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or any other form
of solicitation. This prohibition includes, but is not limited to
(a) Using the Site to connect to people who don’t know you
and then sending unsolicited promotional messages to those direct
connections without their permission; and (b) Sending messages to
distribution lists, newsgroup aliases, or group aliases;
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register for more than one user account, register for a user
account on behalf of an individual other than yourself or the
nominated user, or register for a User account on behalf of any
group or entity or for any person who is not a natural
individual.;
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falsely state, impersonate, or otherwise misrepresent your
identity, including but not limited to the use of a pseudonym,
uploading photographs of celebrities in your profile, or
misrepresenting your current or previous positions and
qualifications, or your affiliations with a person or entity, past
or present;
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upload, post, transmit, share, store or otherwise make publicly
available on the Site any private information of any third party,
including, without limitation, addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers;
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disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Site are able to
type, or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges or to utilize the
service on an AS IS basis as provided by us;
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interfere with or disrupt the Site or servers or networks
connected to the Site, or disobey any requirements, procedures,
policies or regulations of networks connected to the Site;
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upload, post, transmit, share, store or otherwise make available
any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
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upload, post, transmit, share, store or otherwise make available
content that, in our sole judgment, is objectionable or which
restricts or inhibits any other person from using or accessing
enjoying the Site, or which may expose us or its users to any harm
or liability of any kind.
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You acknowledge and agree that the Site and any necessary software
used in connection with the Site contain proprietary and
confidential information that is protected by applicable
intellectual property and other laws. You acknowledge and agree
that we own all legal right, title and interest in and to the
Site, including any and all intellectual property rights which
subsist in the Site (whether those rights happen to be registered
or not, and wherever in the world those rights may exist). You
further acknowledge that the Site may contain information which is
designated confidential by us and that you shall not disclose such
information without our prior written consent. Nothing in this
User Agreement gives you a right to use any of e-Age’s trade
names, trade marks, service marks, logos, domain names, and other
distinctive brand features. e-Age , Gurumantra and all e-Age logos
and banners are trademarks of e-Age and are protected under
applicable laws. All other brand names and trade marks that appear
on this Site are trademarks or trade names of their respective
holders. No permission is given in respect of the use of any of
these brands or marks and any such use may constitute an
infringement/ passing off of the holder’s rights. Except
where otherwise specified, all rights, copyright, intellectual
property rights, title and interest in the Site Content is owned
by us or our licensors and is protected by Indian and
international intellectual property laws.
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You agree that in using the Site, you and the nominated user will
not use any trade mark, service mark, trade name, logo of any
company or organization in a way that is likely or intended to
cause confusion about the owner or authorized user of such marks,
names or logos or may amount to infringement of any such rights,
you and the nominated user alone shall be responsible for any
claims in this regard.
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You and the nominated user are yourself responsible for protecting
and enforcing any intellectual property rights in the content you
submit on the Site. We are not responsible for protecting or
enforcing the said rights, if any. We do not admit or acknowledge
any such rights.
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You shall not post, use for yourself, modify, distribute, or
reproduce in any manner any copyrighted material, trademarks, or
other proprietary information belonging to us or to others. It is
the policy of eAge to respect the intellectual property rights of
others. eAge does not promote, foster or condone the copying of
copyrighted material or any other infringing activity. Without
limiting the foregoing, if you believe that your work has been
copied and posted on the Site in a way that constitutes copyright
infringement, please provide our Copyright Agent with the
following information: (i) an electronic or physical signature of
the person authorized to act on behalf of the owner of the
copyright interest; (ii) a description of the copyrighted work
that you claim has been infringed; (iii) a description of where
the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address; (v) a
written statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law; (vi) a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the
copyright owner's behalf. e-Age Copyright Agent for notice of
claims of copyright infringement can be reached as follows:
India Office
Plot No. 4, 2nd Floor,
DDA Complex,
Capital Trust II,
Okhla Industrial Area - Phase - II
New Delhi 110020
Email:
wecare@eageyouth.com
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The Site or third parties (including other users and third party
contractors) may provide, links to other World Wide Web or other
online electronic sites or resources. You acknowledge that we
neither have control over such sites and resources nor are we
responsible for the availability of such external sites or
resources. We neither endorse and nor are we responsible or liable
for any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge
and agree that we shall not be responsible or liable, in any
manner whatsoever, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
Content, links, goods or services available on or through any such
site or resource.
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All the content on the eAgeYouth Web site/ Site including text,
graphics, logos, designs, photographs, button icons, images,
audio/video clips, digital downloads, data compilations, and
software, is the property of eAge, or its suppliers and is
protected under applicable intellectual property laws and/or
common law. The compilation of all content on this Site is the
exclusive property of eAge and is protected under applicable
intellectual property laws and/or common law. Content shall not be
reproduced without express written permission from eAge, or its
suppliers.
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We grant you or the nominated user a personal, non-transferable
and non-exclusive right and license to use the Site on a single
computer; provided that you and the nominated user do not (and do
not allow any third party to) to directly or indirectly copy,
modify, create a derivative work of, decompile, disassemble,
reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Site
or available through the Site. You agree not to modify the Site in
any manner or form, or to use modified versions of the Site,
including (without limitation) for the purpose of obtaining
unauthorized access to the Site. You agree not to access the Site
by any means other than through the interface that is provided by
us for use in accessing the Site.
You agree
not to insert any code or product or to manipulate the
content of the eAge Web Site in any way that affects the
user’s experience, and not to use any data mining, data
gathering or extraction method. eAge reserves the right to
terminate your membership hereunder if eAge, in its sole and
absolute discretion, believes that you are in violation of this
paragraph, such violations including the copying of the content
provided to you by us or the copying or unauthorized use of our
proprietary content. The use of the eAge service is solely for
your personal and non-commercial use.
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You agree not to ‘frame’ or ‘mirror’ any
content or third party content contained on or accessible from
this Site on any other server or Internet-based device.
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The content on the Site includes any documents, information,
databases, software, graphics, chat forums, images, designs,
layouts and all other features and material found on
www.eageyouth.com
and in any newsletters and other documents issued by us, both in
printed and electronic formats.
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You acknowledge and agree that we may preserve Content and may
also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to:
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comply with legal process;
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enforce the terms of the User Agreement;
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respond to claims that any Content violates the rights of third
parties;
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respond to your requests for customer service; or
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protect the rights, property, or personal safety of e-Age, its
users and the public.
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eAge Software Services Pvt. Ltd., is free to use any comments,
information, ideas, concepts, reviews, or techniques or any other
material contained in any communication you may send or receive
including those sent or received from or to the third party
contractors (“Content”), including, without
limitation, responses to questionnaires or through postings to the
eAge Web Site without further compensation, acknowledgement or
payment to you for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products and
creating, modifying or improving the Site or other web sites.
Furthermore, you grant us a perpetual, non-exclusive, royalty-free
irrevocable license and right to display, use, reproduce or modify
the Content submitted in any media, software or technology of any
kind now existing or developed in the future. You agree that
technical processing and transmission of Content may involve
transmissions over various networks and changes to the form.
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No Site Content may be modified, enhanced, edited, altered,
copied, distributed, framed, reproduced, republished, downloaded,
displayed, posted, transmitted, or sold in any form or by any
means, in whole or in part. Provided that you are eligible for use
of the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the
Site Content to which you have properly gained access, provided
that you keep all copyright or other proprietary notices intact.
Except for your own use, you may not upload or republish Site
Content on any Internet, Intranet or Extranet site or incorporate
the information in any other database or compilation, and any
other use of the Site Content is strictly prohibited. Such license
is subject to this Agreement, and does not include use of any data
mining, robots or similar data gathering or extraction methods.
Any use of the Site or the Site Content other than as specifically
authorized herein is strictly prohibited and will terminate the
license granted herein. Such unauthorized use may also violate
applicable laws including without limitation copyright and
trademark laws and the applicable communications regulations and
statutes. Nothing in this Agreement shall be construed as
conferring on you or on the nominated user any license to
intellectual property rights, whether by estoppels, implication or
otherwise. This license to use or access the Site is revocable at
any time without notice, and with or without cause.
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We may provide you with access to some parts of the Site without
you registering as a user. In that case, your identification is
based on other means of identification that we deem appropriate.
In appropriate cases, identification may be based on data
identifying your mobile telephone or communications subscription
number/IP address provided by your network operator. You agree
that such information may be collected and disclosed to us and
used by us. However, you have no right to access or use the Site
or to continue doing so without complying with the registration
procedure and making the payment of Charges.
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You can find the specific details regarding your subscription with
eAge at any time by clicking on the “My Gurumantra”
link, located at the top of the pages of the eAge website after
you login.
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We distribute subject content, and other animations and we reserve
the right to display and promote the content or other information
on our Web Site to you in any manner we choose in our sole and
absolute discretion. In addition, the eAge Web Site allows you and
other third parties to post comments, give feedback concerning the
services offered, third party contractors , and subject content
distributed by us. Any opinions, advice, statements, services,
offers, or other information that constitutes part of the content
expressed or made available by the third parties on the eAgeYouth
Web Site are those of the respective authors or producers and not
of eAge Software Services Pvt. Ltd., or its shareholders,
directors, officers, or employees. Under no circumstances shall
eAge, Inc., or its shareholders, directors, officers, or employees
be held liable for any loss or damage caused by your reliance on
information obtained through the eAgeYouth Web Site. It is your
responsibility to evaluate the information, opinion, advice, or
other content available through the eAge Web Site.
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eAge does not accept unsolicited ideas for use or publication, and
is not responsible for the similarity of its content or
programming in any manner to materials or ideas transmitted to
eAge. Should you send any unsolicited materials or ideas, you do
so with the understanding that no additional consideration of any
sort will be provided to you, and you are waiving any claim
against eAge and its affiliates regarding the use of such
materials and ideas, even if the material or an idea used is
substantially similar to the idea sent by you.
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You understand that all information which you or the nominated
user may have access to as part of, or through your use of, the
Site are the sole responsibility of the person from which such
content originated and we are in no way responsible for the same.
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You agree that you and the nominated user are solely responsible
for (and that we have no responsibility to you or to any third
party for) any content that you create, transmit or display while
using the Site and for the consequences of your actions (including
any loss or damage which we may suffer) by doing so.
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We reserve the right (but we are not obliged) to read, edit,
amend, add to or otherwise screen submissions to ensure compliance
with the User Agreement and the intended use of the Site.
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We reserve the right (but we are not obliged) to block or remove
submissions which in our sole opinion breach the User Agreement or
do not comply with the intended use of the Site.
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We take no responsibility for any software or other materials
whatsoever provided by you for inclusion on the Site that are lost
or damaged in transit or during loading onto the Site. No material
will be returned and it is your responsibility to forward only
duplicate material for inclusion on the Site.
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Recognizing the global nature of the Internet, you agree to comply
with all applicable laws, statutes, regulations, rules and codes
regarding online conduct and acceptable Content and use of
relevant Channels.
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We reserve the right to terminate or restrict your or the
nominated user’s license to use or access the Site without
notice, for any or no reason whatsoever. In case, we terminate
your or the nominated user’s license to use or access the
Site for any reason attributable to you or the nominated user,
which reason will include but shall not be limited any breach of
the terms of the User Agreement, then, you shall not be entitled
to and shall not claim any refund of Charges paid by you. However,
if we terminate your or the nominated user’s license to use
or access the Site for any reason which is not attributable to you
or the nominated user, we shall refund the proportionate Charges
after taking into account the duration for which the nominated
user has accessed the Site for the interactive session with the
third party contractors. The license / the account shall account
terminate forthwith on the death of the nominated user. The
registration is not inheritable.
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On the completion of the duration for which you, have paid
Charges, your right to use or access the Site shall come to an end
unless you pay the applicable Charges and renew the license to
such use or access .
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Termination of your use and access license shall not absolve you
or the nominated user of the accrued liabilities/ obligations in
terms of the User Agreement.
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On termination of your or the nominated user’s license to
use or access the Site you shall forthwith discontinue any use or
access to or of the Site, directly or indirectly, in any manner
whatsoever, regardless of any dispute about the legality or
validity of the termination. Your user account and password shall
be de-activated. Any use or access of the Site shall be illegal
and unauthorized and you shall be liable to compensate us for the
same.
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By accepting this User Agreement, you agree to indemnify and
otherwise hold harmless e-Age, its officers, employees, agents,
subsidiaries, affiliates and other partners from any direct,
indirect, incidental, special, consequential or exemplary damages
resulting from i) your use of the Site; ii) unauthorized access to
or alteration of your communications with or through the Site, or
iii) any other matter relating to the Site. Any business
transactions which may arise between users from their access or
use of Site are the sole responsibility of the users involved.
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By using the eAge service, you consent to receiving electronic
communications from eAge. These communications may include
information about your account and information concerning or
related to the Site, such as featured content or other
announcements, or offerings. These communications are part of your
relationship with eAge and you receive them as part of eAge
subscription. We may also provide notices of changes to the User
Agreement or other matters by displaying notices or links to
notices generally on the Site. Notices to you may be made via
email, mobile SMS or regular mail or by simply posting them on the
Site. You agree that such notices by email, mobile SMS or regular
mail, and such display of notices or links to notices generally on
the Site, will constitute sufficient and adequate notice to you of
the matters contained therein and will satisfy any legal
communication requirements, including that of such communication
being in writing.
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We reserve the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Site (or any part
thereof) with or without notice, for any reason whatsoever,
whether generally or limited to you only. You agree that we shall
not be liable in any way to you or to any third party for any
modification, suspension or discontinuance of the Site, except as
otherwise expressly provided in the User Agreement. We may at our
sole option and discretion, without being obliged to do so, add
the facilitates on the Site or withdraw any or all the facilities
exiting or added by us on the Site, at any time, without any
notice.
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You hereby indemnify and agree and undertake to at all times keep
us and our directors, staff, employees, agents, representatives,
managers etc. indemnified, without any limitation, for any cost,
expenses, damages, loss etc. we or any one of us may suffer or
incur due to any and all claims, demands, disputes, etc. made or
raised by any person (s) on account of your and/or the nominated
user’s direct or indirect use or access of the Site or
submission or receipt of Content and/or breach of any term of the
User Agreement.
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You understand and agree that we are providing the Site on an
“as is” and “as available” basis and that
we do not assume any responsibility for prompt or proper delivery,
or retention of any user information or communications between
users including nominated users and third party contractors. We
assume no responsibility for the accuracy or existence of any
communications between users including nominated users and third
party contractors. We expressly disclaims all warranties of any
kind, whether expressed or implied, including, but not limited to
the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. We makes no warranty that
(i) the Site will meet your requirements, (ii) the Site use or
access will be uninterrupted, timely, secure, or error-free, (iii)
the results that may be obtained from use of the Site will be
accurate or reliable, (iv) the quality of any products, services,
information, or other material purchased or obtained by you
through the Site will meet your expectations, and (v) any errors
in the software will be corrected. Any material downloaded or
otherwise obtained through the use of the Site is done at your own
discretion and risk and that you will be solely responsible for
any damage to your computer system or loss of data that results
from the download of any such material. No advice or information,
whether oral or written, obtained by you from or through the use
or access of the Site shall create any warranty not expressly
stated in this User Agreement.
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We provide the Site in good faith but we make no representations
or warranties that the content and submissions on the Site are
true, reliable, accurate or complete, or of their usefulness for
any particular purpose. We make no representation and we do not
give any warrant that the Site or Content will be free from
viruses or other harmful properties. It is your responsibility to
implement satisfactory safeguards and procedures to make sure any
files you obtain through the Site or Contact are free from such
contaminations or viruses or other harmful properties. You
acknowledge and agree that you bear full responsibility for the
use you make of all content and submissions on the Site and that
we shall not be liable for any action that you or others take or
do not take based on your use of or reliance on information
provided by us or other users of this Site.
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You expressly understand and agree that we and our licensors,
suppliers, vendors, parent, holding, subsidiary and related
companies, affiliates, officers, agents and employees etc. shall
not be liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data or other
intangible losses (even if we or our licensors, suppliers,
vendors, parent, holding, subsidiary or related company,
affiliate, officer, agent or employee, as the case may be, have
been advised of the possibility of such damages), resulting,
inter-alia, from:
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The use or access of the Site or the inability to do so;
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The cost of procurement of substitute services like the Site;
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The failure to get a third party contractor when you log in or use
or access the Site or any failure on the part of the third party
contractor or any conduct unbecoming by the third party
contractor;
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Unauthorized access to or alteration of your content and
submissions on the Site;
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Statements or conduct of any third party or the third party
contractors on the Site;
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Any other matter relating to the use or access of the Site.
The effect of what is set out here is that you agree that under no
circumstances will we be held liable for any direct, indirect,
incidental, foreseeable, unforeseeable or consequential or other
type of loss, injury, claim, liability or damages of any kind
resulting from your direct or indirect use or access to or of the
Site. You acknowledge that the disclaimers and exclusions of
liability set forth in the User Agreement represent a fair and
reasonable allocation of the risks and benefits of the agreement
between you and us, taking all relevant factors into consideration,
including without limitation the value of the consideration provided
by you to us and the availability and costs of insurance with
respect to the said risks. You further agree that these disclaimers
and limitations shall be enforceable to the fullest extent permitted
by applicable law
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The User Agreement and the relationship between you and us shall
be governed by the laws of India without regard to its conflict of
law provisions. You and we agree to submit to the personal and
exclusive jurisdiction of the courts located at New Delhi, India
alone.
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Any and all disputes arising out of or in relation to or in
connection with the User Agreement or in relation to the use or
access of the Site by you or the nominated user shall be referred
to the arbitration of a sole arbitrator. The sole arbitrator shall
be appointed/ nominated by e-Age alone. The award of the sole
arbitrator shall be final and binding on the parties. The
arbitration proceedings shall be conducted in accordance with the
Arbitration & Conciliation Act, 1996 or any re-enactment or
modification thereof for the time being in force. The language of
proceedings shall be English. The venue of arbitration proceedings
shall be New Delhi, India.
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TherightNvg.jsp failure or forbearance by us to exercise or
enforce any right or provision of the User Agreement or any
partial exercise or enforcement of such right shall not constitute
a waiver of such right or provision or any part thereof. If any
provision of the User Agreement is found by the arbitrator to be
invalid, the parties nevertheless agree that the arbitrator should
endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the User Agreement
shall remain in full force and effect.
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We control and operate this Site from India. If you use this Site
from outside India, you are entirely responsible for compliance
with all applicable local laws, rules, regulations etc.
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This User Agreement constitutes the entire agreement between you
and us and governs your and the nominated user’s use and
access to the Site, superseding any prior understandings and
agreements between you and us and any previous statements or
representations from either party to the other party. All prior
agreements, undertakings, negotiations or representation, whether
oral or in writing, relating to the subject matter hereof are
superseded and cancelled in their entirety.
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Please report any violations of the User Agreement to us at
weCare@eAgeYouth.com.
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