STRATOSPHERE EDUCATION PRIVATE LIMITED

TERMS OF USE, DISCLAIMER AND LIMITATION OF LIABILITY

1. ABOUT THE WEBSITE

This website and the domain name, www.stratoedu.com (the “Website”) is owned by Stratosphere Education Private Limited, a private company limited by shares, incorporated and registered under the Companies Act, 2013 having its registered office at 166/C/505 Lake Gardens, Kolkata- 700045, State : West Bengal, India (hereinafter referred to as “SEPL”).

2. DISCLOSURE OF TERMS OF USE, DISCLAIMER, LIMITATION OF LIABILITY: STATUTORY BACKDROP

This electronic record publishes the Terms of Use, Disclaimer and Limitation of Liability (the "Terms of Use") of this Website as required under:

• Section 43A of the Information Technology Act, 2000 (the "IT Act");
• Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the "Rules"); and
• Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (“Intermediaries Rules”).

 The aforesaid provisions require publishing rules and regulations, privacy policy and terms of use for access or usage of this Website. The Act, the Rules and the Information Technology (Intermediaries Guidelines) Rules, 2011, shall hereinafter be collectively referred to as "IT Laws".

3. This document is an electronic record in terms of the IT Act and Rules thereunder as applicable and as amended from time to time, and also an electronic record within the meaning of all applicable statutes as amended by the IT Act. This electronic record is generated by a computer system and stored therein and does not require any physical or digital signatures.

4. ACCEPTANCE OF THE TERMS OF USE, DISCLAIMER, LIMITATION OF LIABILITY

Circumstances signifying acceptance of Terms of Use

Users (the "Users") of the Website shall be deemed to have accepted the Terms of Use and agreed to adhere to the same by accessing the Website or using the products or services provided in the Website whether or not the User accesses the products or services available on the Website or consummates a transaction on the Website, including without limitation, during:

1. General browsing of the Website;
2. Placing a request for further information in relation to the products and services of SEPL (“Request for Further Information”)
3. Placing an order on SEPL for availing of the products and/or consultancy and/or other services of SEPL through this Website (“Business”);
4. During submission of personal information by any User in relation to the Business of this Website.

Reference to the term you/your shall mean the User of the Website and the term we/us refer to SEPL.

Terms of Use Binding

5. By accessing, downloading, installing or use of this Website, the User is deemed to have perused and accepted the Terms of Use contained herein and as revised from time to time, which is, for an indefinite period and the User understands and agrees that the User is bound by the Terms of Use till the time the User accesses or uses the facilities on the Website. If the User does not agree to all of the terms of this Terms of Use, the User may not access, use or access any part of the Website.

Revision of Terms of Use

6. SEPL reserves the right to change and/or amend the Terms of Use from time to time without any obligation to inform the User and it is the responsibility of the User to peruse the Website and more particularly this Terms of Use from time to time. For the aforementioned purposes, the Parties hereby agree that these Terms of Use are being concluded and executed at Kolkata (wherein the registered office of SEPL is situated).

Terms of Use – a valid contract

7. The Terms of Use shall be deemed to be a valid contract executed in terms of the Indian Contract Act, 1872 (the "Contract Act") read with the provisions of the IT Act, between the User and SEPL. Subject to the terms of the Terms of Use contained herein, by the access and use of this Website, the User acknowledges the completion of an offer and acceptance as regards this Terms of Use and the execution of a valid contract between SEPL and the User in terms of the extant provisions of the IT Act and the Contract Act.

Minor not to be a party to the Contract

8. By the access and use of this Website, the User shall be deemed to be competent to contract in accordance with the provisions of the Contract Act. The use of this Website by any person not competent to contract under law shall be void and SEPL shall not be liable to perform its obligations under the Terms of Use in such circumstances. Persons who are "incompetent to contract" within the meaning of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Website. A minor i.e. under the age of 18 years, shall not register as a User of SEPL’s Website and shall not transact on or use the Website. If a minor, wishes to use or transact on this Website, such use or transaction may be made by the legal guardian or parents of the minor on the Website. SEPL reserves the right to terminate your User Account and/or refuse to provide you with access to the Website if it is brought to SEPL's notice or if it is discovered that you are under the age of 18 years or otherwise legally incompetent to contract.

Place of contract

9. In accordance with the extant provisions of the IT Act, this contract shall be deemed to have been received, accepted and formed at Kolkata (wherein the registered office of SEPL is situated).

TERMS OF USE: USERS RESPONSIBILITIES & OBLIGATIONS

Information provided

10. The User shall be responsible for maintaining the confidentiality of his/her Display Name and Password and the User shall be responsible for all activities that occur under his/her Display Name and Password. The User agrees that if the User provide any information that is untrue, inaccurate, not current or incomplete or SEPL have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, SEPL shall have the right to indefinitely suspend or terminate or block access of the User Account on the Website and refuse to provide the User with access to the Website.

11. The User shall provide true, accurate, current and complete information while submitting the order offered by the Website.

12. The User shall update registration information on the Website from time to time. In the event SEPL has information to believe that the personal information provided by a User is false or such personal information is being provided to conduct a fraudulent transaction, SEPL reserves the right to cancel any Request for Further Information or any order placed by the User in relation to the Business or terminate the Users’ access to the Website without any notice.

13. The User shall provide authentic and true information in all instances where such information is requested by SEPL. SEPL reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation the User’s details are found not to be true (wholly or partly), SEPL has the right in its sole discretion to reject the registration and prohibit the User from using the services offered by the Website.

14. In the event there is a failure of delivery in case of a Request for Further Information or in case of an order placed in relation to the Business of SEPL through the Website, due to incorrect information supplied by the User, SEPL shall be not be liable for the same and shall be further entitled to receive payments for additional costs incurred by SEPL due to such inaccurate information.

User’s Actions

15. The User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about SEPL or the brand name or domain name used by SEPL or otherwise engage in any conduct or action that might tarnish the image or reputation of SEPL or otherwise tarnish or dilute any of SEPL’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by SEPL. The User agrees that the User will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or SEPL's systems or networks, or any systems or networks connected to SEPL.

16. The User may not use the Website or any content for any purpose that is unlawful or prohibited by this Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SEPL and / or others.

Compliance with Statutes

17. The User shall at all times ensure full compliance with the applicable provisions of the IT Laws as applicable and as amended from time to time and also all other applicable laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and Indian Laws, International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations including, but not limited to, GST, Income Tax, Octroi, Custom Duty, Local Levies or any other applicable taxes.

User behaviour

18. As per Intermediaries Rules, the User agrees and undertakes not to host, display, , upload, modify, publish, transmit, update or share any information that:

• belongs to another person and to which the user does not have any right to;

• is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

• harm minors in any way;

• infringes any patent, trademark, copyright or other proprietary rights;

• violates any law for the time being in force;

• deceives or misleads the addressee about the origin of such messages or

• communicates any information which is grossly offensive or menacing in nature;

• impersonate another person;

• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

19. This Website is controlled and operated by SEPL. All materials/ products/ services on this Website are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for User’s personal, non-commercial use. User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and User must not assist any other person to do so. Without the prior written consent of SEPL, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which the User receives any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Termination

User’s Right to Terminate

20.    This Terms of Use is effective unless and until terminated by either the User or SEPL. The User may terminate these Terms of Use at any time by informing SEPL in writing through registered post or by way of email that the User no longer wishes to be associated with this Website, provided that the User discontinues any further use of this Website. Notwithstanding the foregoing, the Terms of Use set out herein shall, without exception, be applicable at all times to any purported transaction(s) approved by acceptance of an order already placed by the User on SEPL.

SEPL’s Right to Terminate

21. SEPL may add, alter, amend and/or modify this Terms of Use at any time without any requirement of any notice and may terminate this Terms of Use at any time and may do so immediately without notice in case of misuse of the Website by the User, and accordingly deny the User access to the Website. Such termination may be made by SEPL without any obligation or liability to remedy the User in any manner.

User’s obligation on Termination

22. Upon any termination of this Terms of Use by either the User or SEPL, the User must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the terms of use of the Website or otherwise.

Termination arising on account of Misuse of Website

23. The following actions shall be considered to be misuse of the Website and the User shall be forthwith terminated form access or usage of the Website:

1. Transmission or distribution of technologically harmful data like virus, malicious software, trojan, etc.;
2. Posting or transmitting content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm to any kind against any group or individual;
3. Transmission of junk mails, spam or chain letters;
4. Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
5. Posting unsolicited promotional or advertising content; 
6. Distributing or reproducing any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights in any way;
7. Promoting an illegal or unauthorised copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music file, providing or creating computer viruses; 
8. Providing instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or posting video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).

Limitation of Liability Disclaimers

Security Disclaimer

24. The User assumes full responsibility for the protection of their computer and the computer system including hardware and software, protection of databases in their system as well as the protection of hardware and software of third persons who have access to the User's system. The User also assumes responsibility for damages incurred because recorded or otherwise received documents from the Website which may contain viruses or other destructive programs.

25. SEPL will take reasonable measures to prevent the possibility that the electronic messages that are received via the Website will be available to any unauthorized third party. The User accepts the risk that messages sent by the User to SEPL, can be intercepted prior to receipt by SEPL and that messages received from SEPL may be intercepted and used by unauthorized third persons. SEPL does not assume responsibility for the protection of messages from the unauthorized actions of third persons.

Errors, Omission & Inaccuracies Disclaimer

26. The information contained on the Website may contain certain technical inaccuracies or typographical errors. Information may be changed or updated without prior notification. All information that is available on the Website is provided for the purpose of information and does not contain any guarantee of their accuracy.

Use at own Risk Disclaimer

27. This Website, all the materials and products and services, included on or otherwise made available to the User through this Website are provided on "as is" and "as available" basis without any representation or warranties, express or implied (including, but not limited to warranties of performance, merchantability and fitness for a particular purpose) except otherwise specified in writing.

SEPL will not be liable to the User or anyone else for any decision made or action taken in reliance on the information given on the Website or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Downloaded Content Disclaimer

28. SEPL hereby disclaims any liability to any sort of damage or harm caused to your software, data or computer device by downloading content from this Website..

External Links & Third-party Contract Disclaimer

29. The Website may contain links to other websites. It is clarified that these external websites are not under the control of SEPL. SEPL does not control any other website other than this Website. SEPL cannot be held responsible for content on such websites and cannot be made liable in any manner whatsoever for content on such other websites. SEPL provides these links to other websites as ease of reference to the Users and for a better online experience or in order to facilitate other business and traders to advertise their products on the Website. Users’ use of each of those sites is subject to the conditions, if any, posted by the respective sites.

30. Users’ correspondence or related activities with third parties, including payment gateway providers, are solely between the User and that third party. User agrees that SEPL will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.

31.  The Website contains content that is created by SEPL as well as content provided by third parties. SEPL does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not be relied upon by the Users in utilizing the services provided on the Website.

No Responsibility Disclaimer

32. The User acknowledges and agrees that SEPL shall not be liable to the User, or to anyone claiming through such User for any indirect, special, consequential, incidental, punitive or exemplary damages or losses, arising from, connected with or directly or indirectly related to the use of or inability to use the Website, or the contents, material, functions or Business related thereto, or User’s provision of information on, by or through the Website, or for loss of anticipated savings, opportunity, revenue, profit or goodwill, or other economic loss; however caused, and whether arising under contract, tort (including negligence) or otherwise, and even if such User has intimated or advised SEPL, of the possibility of such loss or damages, or SEPL is, or should reasonably have been aware of such possibility.

            Without prejudice to the aforesaid, the total aggregate liability of SEPL, its directors, officers, employees and/or agents for all damages, losses, and causes of action (whether in contract or tort, including, without limitation, negligence or otherwise) arising from this Terms of Use and/or the Privacy Policy and/or the Website, shall not exceed the aggregate Price of such Business ordered or purchased by the User, and in any other case, Rs. 1,000/- (Rupees One Thousand Only).

Indemnity by the User

33. The User shall indemnify and hold harmless & protected from liability – SEPL (including its directors, employees, agents, licensees, affiliates etc) from and against
    • all loss, damage or injury which may arise to the SEPL; and
    • all actions, costs, claims, demands, penalties, charges and expenses including reasonable attorneys' fees whatsoever which may be brought or made or claimed against SEPL; due to or arising out of the User’s breach of this Terms of Use.

Upon SEPL’s giving a notice to the User of any claim that may arise on account of this clause, the obligation of the User to make the payment shall become due and payable upon receipt of the notice . Further, any delay in making any claims or giving a notice does not relieve the User of such obligation.

Privacy Policy

34. The protection of the privacy of the Users of our Website is a very important principle for SEPL. SEPL understands clearly that the User’s Personal Information is one of SEPL’s most important information assets. SEPL stores and processes User’s Personal Information including any Sensitive Personal Data or Information  (as defined under the IT Act), including financial information, if any, on computers that are protected by physical as well as reasonable technological security measures and procedures in accordance with the IT Laws. Our current Privacy Policy is available at <INSERT LINK TO PRIVACY POLICY>. If the User objects to User Information being transferred or used in this way please do not use this Website. All information collected from Users, such as registration and credit card information, is subject to SEPL’s Privacy Policy which is available at < INSERT LINK TO PRIVACY POLICY>.

Grievance Redressal

35. In accordance with the Intermediaries Rules, the name and contact details of the Grievance Officer are provided below:

Name: Mrs Priyanka Mitra

Designation: Chief Operating Officer

Stratosphere Education Private Limited

Address: 30 A, Southern Avenue, Kolkata 700026

Phone: 9073369982/ 9874011122

Email: enquiries@stratoedu.com

All grievances are intended to be acted upon expeditiously, but not longer than a month from the date of receipt of the grievance.

Governing Law

36. This Terms of Use shall be governed and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder and the competent Courts/Tribunals at Kolkata (within whose territorial jurisdiction, the registered office of SEPL is situated) shall have the exclusive jurisdiction in any proceedings arising out of this Terms of Use or the use of the Website.