Terms and Conditions:
The website StudyClap.com is developed and operated by Mylogics Software Technologies. And is offered to the user/s (member and visitors), hereinafter "visitor" upon certain terms and conditions given below.
StudyClap.com is a portal dedicated to education and lists colleges, universities, schools on its platform. We also sell various education programs i.e.(Test Series, Study Material, Books, and e-learning solutions for competition exams). The portal aims to provide in-depth information on various aspects such as Admissions, Competitions, Books, Coaching programs, Mock Tests, & Printed study materials. We work with various colleges and universities for admission related information and the admission process. At the same time, we assist students in preparing for the competition exams through various test series, courses, and e-learn solutions. While we do not collect personal information without informing the users; the users can share their information with us for free counselling, buying study materials, and contacting us for advice on e-learning solutions. We assist users without bias and our experts provide career guidance absolutely free of cost.
The users can create their profile on the portal to get personalised information based on cookies and choices made on the portal. However, this is purely optional and is controlled by the users themselves. StudyClap.com is very strict about online privacy and ready to answer all the queries via email at info@StudyClap.com
StudyClap.com keeps safe the right to modify the Agreement from time to time with the proper notification given to the visitors of the website. To avail the services of StudyClap.com in continuance, visitors must accept all the changes and modification done by StudyClap.com upon the intimation same to the visitors for the same.
StudyClap.com beware all its visitors to not share certain information like contact number, address to his/her profile for safety measurement. Any profile picture that is not appropriate or seems to spread nudity is prohibited to upload on the personal profile of any visitor failing to which the visitor may be subject to legal action against him/her. StudyClap.com takes no responsibility of member's profile if any inappropriate or explicit or offensive or sexual or harassing or any other objectionable matter has been posted or uploaded on their profile as members' profiles are their own view. But if any such material for the same has been found on StudyClap.com which is irrelevant, StudyClap.com encourages visitors to send a complaint mail to complaint@StudyClap.com Or report that content abusive.
StudyClap.com reserves all legal right, in its sole discretion to either refuse or reject to post or remove any content (including visitor's personal messages) of the visitors. StudyClap.com also retains its sole right to restrict, suspend or terminate partial or full access of any services of StudyClap.com to any visitors at any time without giving any reason or prior notice and StudyClap.com holds no responsibility for such action.
AGE LIMIT and ELIGIBILITY:
Any visitor registering for membership services must have attained the minimum age limit of 13 years or over failing to which his/her membership will be taken as null and void. By using services of StudyClap.com, you accept that:
- All the information you submitted to StudyClap.com is true and accurate as per your knowledge.
- You have attained the desired age i.e. 13 years for registration as a member of StudyClap.com.
- You will follow all the rules and regulations, terms and conditions of StudyClap.com.
- By using the services of StudyClap.com you are not violating any applicable rule or regulations.
Full Term of Membership
Till the period the visitor is availing the services of StudyClap.com, the Agreement will remain in full force and visitors will be liable to follow accordingly. Visitors are allowed to terminate their services any point of time and for any reason through following the instructions given on StudyClap.com page. StudyClap.com also retains the right to terminate visitors' membership at any point of time and of any reason for which a notification will be sent to visitors' digital address for the same or any other e-mail visitor has provided to its profile or membership form.
Registration and other terms:
By registration to StudyClap.com, the visitor agrees to receive every kind of communication i.e. digital, telephonic, SMS, fax by StudyClap.com and its partners which will be education related information that will be according to StudyClap.com relevant or significant to you.
StudyClap.com prohibits any commercial use of its page from members and is restricted to only personal use including any links of any other website that may be deemed competitor to StudyClap.com or otherwise. StudyClap.com membership will be available to both single person or organisation based on requirements & membership plans.
Any use of services of StudyClap.com that is illegal or unauthorised including gathering registered members personal information from their profiles for sending unauthorised or unsolicited email is prohibited.
Any kind of commercial advertisement other than StudyClap.com.s linkage partners or any other solicitation will be removed from StudyClap.com without any warning and also the membership will be terminated of that member by immediate effect without giving any reason and StudyClap.com may take legal actions for such uses under civil, criminal and injunctive redress.
Any junk letter or chain letter will not be transmitted by you to other StudyClap.com members. It will be taken as the violation of Agreement rules of StudyClap.com.
Visitors are not allowed to use any harassing or abusing or inappropriate language on his/her profile or at any other services of StudyClap.com and also not involved in any explicit activities to other members of StudyClap.com.
StudyClap.com reserves the right to monitor its members profile along with any communication through e-mail or through StudyClap.com services and retains its right to terminated services of such members who are found guilty of doing any unsolicited activity including lewd remarks, licentious or obscene content, defamatory or hatred languages or racial abuses in any manner.
Such above mentioned conduct will be taken as a breach of Agreement and legal action may be taken against that member.
StudyClap.com will retain the right to screen any messages sent or received by using StudyClap.com services to any other members or outside.
List of Illegal Contents:
Illegal contents are those contents that are prohibited to StudyClap.com or at any services provided through StudyClap.com. If any complaint of such contents are come in light StudyClap.com holds the right to investigate and take legal action against the person who has posted such contents and also retain rights to delete any such content without any intimation and also terminate the membership of that person without having responsible for any financial obligation i.e. refund of fees and fees against legal aids.
Following list is a partial view of all the content that is illegal and completely prohibited to post on StudyClap.com or any of its services.
Any content that is offensive or promotes racism, hatred, derogatory or can do any physical harm to any person as in individual or to a group of people.
Any person who by taking information from the site and services of StudyClap.com and indulging himself by sending Junk mail or spam or chain letters or any other kind of unsolicited mass mailing.
If a member is harassing by any means to other members subject to StudyClap.com investigation.
Those who contain any hidden pages that are not linked or password protected.
Those who use another member's or StudyClap.com copywriter contents unauthorised and promote it on other sites through illegal means i.e. promoting pirated versions of any files(text, sound, video) or malfunctioning with any file.
Using other member's photos without prior permission of that member for any kind of use.
Post adult contents that are sexually explicit or promote pornography of any kind.
Post such materials that according to Indian Constitution are prohibited to people under the age of 18 including personal information or abusive or sex related contents.
Post any information that refers to illegal work culture or activities or violate anyone's privacy.
Those who spread computer viruses to StudyClap.com and its services or to any member of StudyClap.com.
Use another member's password or fishing others password and use it for illegal or commercial purposes.
Selling of any contests, barter, schemes, sweepstakes or advertisement without having prior permission from StudyClap.com.
Those who disregard any rules and regulations of StudyClap.com or federal laws of India.
Member's disputes over Privacy or any other Issues:
Any content that is published in StudyClap.com or service of StudyClap.com has a sole proprietorship of StudyClap.com
Copying or modifying or distributing such contents without prior permission to StudyClap.com comes under copyright policy and legal action may be taken for such action.
Any contents that are trademarked from other than StudyClap.com cannot be posted or distributed or reproduced to StudyClap.com and StudyClap.com takes no responsibility for such contents.
If anyone feels that his/her copyrighted content has been violated by StudyClap.com they are advised to contact the copyright department of StudyClap.com through electronic medium at firstname.lastname@example.org and authorization letter of the original writer to act on his behalf.
A description of the disputed content must be included with the application letter indicating proper communication address and an affidavit that the disputed content is the complainant's property with proper validation for the same.
If a complainant is found to be wrong or misleading, he/she will be liable penalty and legal action of defamation along with payee to all the legal expenses incurred to StudyClap.com for such process.
Any dispute of copywriter or any legal action will be under only to Jaipur Jurisdiction and StudyClap.com will not be answerable for any legal complaint done by complainant outside the Jaipur Jurisdiction.
- StudyClap.com does not hold any responsibility for its members posting.
- StudyClap.com does not take responsibility for any inaccurate or incorrect content posted by the members on StudyClap.com.
- StudyClap.com is not responsible for any misconduct of its members.
- Any action online or offline that is inappropriate of the members of StudyClap.com is its members' sole personal conduct and StudyClap.com has no responsibility against it.
- StudyClap.com is not responsible if any of its members is found guilty of cheating, deleting, interrupting, omitting, reproducing, theft, or any other inappropriate actions to other members.
- StudyClap.com is not responsible if any member is harassing, using abusive languages, uploading inappropriate pictures or adult contents or spamming, sending chain letters, bulk mailing to other members though StudyClap.com will take action against any such act and monitor its members activities.
- StudyClap.com is not responsible for any technical malfunction online or offline via computer, phone, software problem or any such acts.
- StudyClap.com is not responsible for any software malfunction or computer virus that may damage members or visitor's computers or other electronic systems.
- StudyClap.com is not responsible for any delay of downloading of contents or problems in internet functions due to which members feel any problem.
- StudyClap.com site and services are provided on an available basis and StudyClap.com holds no responsibility if services are not available to any member because of such policy.
- StudyClap.com cannot guarantee or promise any results followed by using StudyClap.com and its services.
- StudyClap.com disclaims any warranty of fitness for any software anytime.
If there are any disputes regarding any rules and regulations or services or any other kind, all disputes will be governed by only as per the laws of India and the disputes will be settled in only Jurisdiction of Jaipur, India and not other places of the entire world.
StudyClap.com is not liable to its members or any third party for any events such as punitive, exemplary, incidental, consequential, special or indirect damages in terms of physical products or profits arising from use other than jurisdiction. Members are solely responsible for the usages of StudyClap.com and its services and all profits and loss incurred are purely of member's interest and not StudyClap.com by any means.
Visitors by signing the Agreement agree to indemnify StudyClap.com, and all its belongings including its staffs, affiliates, officers, agents, employers and employees or any partner from any kind of loss, claim, liability, or demand and act as harmless including attorney's fees. Any violation of Agreement or breach of trust will be taken seriously by you or a third party associated with you and the same will be liable for any legal or disciplinary action taken by StudyClap.com. If any violation occurred due to use of your services to StudyClap.com and its service in terms of content or malfunctions of its services you are the sole responsible for the act and liable to legal action against you.
Terms and Conditions of Advertisers in detail:
- This is the "Agreement" between StudyClap.com and its advertiser to establish the rules, terms and regulation that will depict in detail regarding the display of advertisement on StudyClap.com's properties.
- The Agreement, in union with the corresponding release order shall comprise the whole agreement between StudyClap.com as one party and Advertisers and Agents (herein referred as advertisers) are as other parties.
- The advertisers after signing the Agreements must agree and acknowledge that:
- StudyClap.com is a medium of advertisement and a platform for all Colleges, Universities, Schools, Engineering & Medical aspirants' students to come and gather information on solely education related topics.
- StudyClap.com is just an interface between those looking for education and those who are providing the same.
- StudyClap.com is not responsible for any response from students or volume of the response for any particular activity.
- The sole obligation of the StudyClap.com is to promote educational services of the advertisers to StudyClap.com's visitors through banners, text links, taglines or SMS or digital mails provided by advertisers on site(s) throughout the StudyClap.com online properties or transmission of online messages or offline messages.
- After submitting a signed release order by the advertiser to StudyClap.com, it is understood that advertisers have accepted every terms of the Agreement and are ready to conduct according to it. It is also understood that the advertisers have no issue regarding rates, terms and conditions of the agreement at the time when advertisement is sold to the StudyClap.com or its online property(s).
- StudyClap.com holds right of Modify the date of launch of the campaign All rates (orally or written) are valid for only 14 days of statement by StudyClap.com and it can be modified if any delay occurs due to late delivery of creative or linking URL, 3rd party add-servicing, inventory fluctuation or any other issues.
- StudyClap.com can revise the rate given to the advertisement and can review the overall agreement before the deal period without affecting the contracting value if advertisers differ with any criteria of the leads.
- StudyClap.com takes all payments in advance with some exceptions like credit facility approved by StudyClap.com and the site is not obliged to perform any action of advertisement before clearing the payment.
- StudyClap.com is not responsible for the creativity of the advertisement and it is under the sole responsibility of advertisers as per StudyClap.com requirements.
- It is not StudyClap.com's responsibility to validate any or all impressions, leads, clicks and acquisitions. If there is any discrepancy occurs within 7 days of the StudyClap.com campaigns, its advertiser's responsibility to report it to StudyClap.com and if no report has been done within given time frame in written, the advertisers will not liable to any claim or legal disputes regarding policy and payment to StudyClap.com. Further no feedback will be entertained after a time frame of 7 days from the day of assignment in the Advertiser.s account.
- Advertisers cannot claim any refund if they fail to bring in notice to StudyClap.com about any unsatisfactory leads within the prescribed time frame. No further refunds will be entertained regarding branding of the product.
- The Agreement can be cancelled by both the parties providing one month prior written notice of the same via electronic or written medium or through fax. In case advertisers wish to terminate its campaign early, StudyClap.com will be entitled to full payment of the work already been done and also the work that is due and if payments have been done in advance, StudyClap.com will be not entitled to do any refund to the advertisers.
- The cancellation notice from the advertisement will be counted from the date; the StudyClap.com will receive the same.
- In case advertiser fails to clear any overdue of part campaign, StudyClap.com holds the right to terminate any active campaign of such advertisers with proper intimation.
- Credit card payment will be accepted by StudyClap.com but the advertiser must agree to not throw back any processing charges to StudyClap.com and the advertiser will pay those charges. All disputes regarding this will be solved under jurisdiction of Mumbai only.
- For non Indian advertisers or nonresident advertisers all payment will be done in US $ while for Indian advertisers all payment will be done in INR. It is to be understood and agreed by the advertisers that the no data will be taken as final billing number provided by anyone (staff or agents) and only invoice sent by StudyClap.com through proper channel to the advertisers and agencies will be taken as billable amount.
- If there is any lost profit or unsatisfactory performance or consequential direct or indirect damage, StudyClap.com is not liable for the same and no claim of such nature will be entertained including contract, tort, negligence, warranty, performance.
- If any claim will be mentioned within the time frame, StudyClap.com will not be liable to pay the amount that exceeds the charges for the advertisement and further no warrant will be provided to the advertiser and holds the right to disclaim any further warranties of merchantability and fitness for that particular purpose.
- If advertisers submit the proof of authorization to publish the entire contents, all such creative content will be accepted and published in favour of advertisers and further subject matter thereof. Advertisers must agree to indemnity with StudyClap.com and hold StudyClap.com as its publishers or in the list of providers with its respective affiliates, officers, agents, employees, directors or any representative that is indemnified by StudyClap.com.
- Advertisers must assure that its contents will be harmless from all kind of allegations, lawsuits, damages, obligations, claims, actions or cause of actions, cost and expenses that includes lawyers and court fees, in house council fees and witness fees i.e. considered as losses to StudyClap.com and also contents will be free of any suits of liable, violation of rights and privacy, defamation, attorney's fees, plagiarism, copyright infringements, trademarks or any unauthorised contents including pictures, text, illustration, sketches, labels, representatives or any other copyrighted matter or any unauthorised personal pictures of any person or name. StudyClap.com holds no responsibility or liable to any claim for such and all claims will be directly bear by advertisers only.
- Advertisers must guarantee that all the data of the consumers gained by the campaign will not be used for any illegal purposes. Advertisers must indemnify any harm of losses of monetary value and non monetary value and defend StudyClap.com for any such circumstances. StudyClap.com is not responsible for any claims or obligations, costs and expenses and losses. If it is found that the advertiser has failed to indemnify or his/her campaign is violating any terms of Agreement voluntary or involuntary StudyClap.com will have the sole claim of litigation and settlement of such claims. Also StudyClap.com will have the power to terminate the Agreement with immediate effect without any notice of any time frame.
- If a campaign is live in StudyClap.com, the advertiser must agree that he/she will not resell the right of creativity to any other site without having permission from StudyClap.com in writing and also will not sell StudyClap.com's consumer data outside anywhere without proper consent of StudyClap.com.
- StudyClap.com is not liable to any delay of performance or non performance due to natural perils or the act of God, or because of any Government and Quasi-Government entity, any technical failure, power outage, act of terrorism, riot, equipment failure, act of war, embargo, legal or illegal strike, insurrection, fire, earthquake, flood, explosion, any labor or material shortage, transportation interruption of any kind or any condition that is beyond StudyClap.com's personal control that affects production or delivery in any kind of manner.
- Both parties may disclose information relating to each other's business or have disclosed (that includes data and other information without limitation that penetrates to publisher services on site and mobile, also affiliates and vendors that have been part of the StudyClap.com properties). The information must be shared with full or some extent in previous or present or future business and subsequently disclosing all the needed "Proprietary Information" to each other. The information that are not included in proprietary information which can be documented by both parties 1) is or because that is already known publicly (that is no improper action of each parties or taken as inaction or through its representation which is defined below), 2) have in possession prior to the receipt from other party that was already known, 3) that is already available with the other party from any other source rather than first party or its representative and having tag not confidential (representative refers to when it is used with both the parties, or the affiliates of either parties, officers, directors, employees, agents, consultants)
Both parties must agree:
- Hold in strict confidence all the proprietary information and will take all possible precaution to not disclose or protect such confidential information that includes without limitation, both parties will apply proper actions in respect to such confidential information)
- Both parties must assure that they will not use any time whatsoever for proprietary information, exceptions are of course there like the evaluation of the campaign's results of the advertisement of that advertiser.
- Both parties must agree that they will not copy any Proprietary information for any whatsoever purpose without asking written consent from other party, and Not disclose or share complete or partial proprietary information to outside or to any third party or employee without having exception of that employee that must have a legitimate need to know and are in written bounded of non disclosure of any information.
- If there is a breach of the Agreement by any of the representatives of both sides, both parties will be responsible for it. If by mistake any such possibility occurs each party will notify the other very promptly and will cooperate with each other upon discovery of full or partial unauthorised use in every way with full responsibility to regain the possession of such confidential information and will try to prevent any further unauthorised use.
- Both parties must agree that if any dispute or controversy arise because of any interpretation or construction or either because of performance or breach of agreement shall be only and exclusively governed by Indian law permitted under Indian Constituent within the jurisdiction of Jaipur courts only. In these litigated disputes, the prevailing party out or relating in any ways to the agreement shall and must receive its reasonable attorney fees including all costs and expenses incurred for resolution of those disputes which shall be the part of the judgement.
- If either party will have a failure to strict performance by the other party due to any provision that may or shall not affect either party's right to the requirement of strict performance after.
- If there is an après release where an advertiser is introduced, the advertiser will and must contribute its presence with utmost willingness.
- StudyClap.com will provide leads that will have only registered users of StudyClap.com and must have expressed keen interest to be contacted through and by StudyClap.com partners.
Other Important Information:
The Agreement, if accepted, will give the user the right to use the site and affirm them as a member of the StudyClap.com portal and its services. This agreement contains all the terms and conditions that must be agreeable between member or user and StudyClap.com regarding everything ranging from the use of site to the use of services online or through Apps. If by any means, any part of this Agreement is found or held invalid, the remaining part of the agreement will be completely valid and continued with full force and effect regardless of invalid part. The visitors and advisers are under legal obligation to report if there is any misuse or abuse of the site. So if there is any kind of violation or abuse or misuse is found by the visitors and advisors they shall and must forthwith report in written such violation to StudyClap.com at info@StudyClap.com. StudyClap.com may investigate such a complaint upon receiving the receipt for the same and if a guilty person is found his/her services and membership will be fully or partially terminated. No refund of subscription fees will be done to that member if he/she will be found for violation, abuse or misuse of StudyClap.com and its services. If during investigation it is found that the false complaint has been made with proper intention of mislead the complainant membership will be partially or fully terminated as per the Agreement. If you registered yourself as a member or advertiser of StudyClap.com you must confirm that you have already read all the terms and conditions mentioned in this Agreement and you agree to abide with the regulation of StudyClap.com as per the Agreement and also you are not having any confusion or problem regarding any part or full of the Agreement. If you have any query or suggestion regarding this Agreement you can email to contact@StudyClap.com.
Disclaimer of the User:
I HAVE FULLY READ THIS AGREEMENT WITH SOUND MIND AND AM AGREE TO ALL OF THE PROVISIONS AND REGULATIONS CONTAINED IN THIS AGREEMENT AND I AM ABIDE TO FOLLOW THE SAME DURING THE TERM OF MY MEMBERSHIP.