TERMS OF USE
(MYCOLLEGESHERPA.com)
Introduction
Sherpa Edutech Private Ltd. (“SherpaEdu”) is an interactive electronic communication platform meant to be used by students and professionals who aspire to pursue their studies from universities not based in India. SherpaEdu provides unique services to User (including minor students) for the purpose of commencing the process of obtaining enrolment in a university abroad in the abovementioned territories. SherpaEdu is able to provide Services to User from the stage of identifying universities up to the stage of attending interviews and finally obtaining an enrolment in a particular university (“Services”). SherpaEdu is geared towards providing assistance to User in collating all relevant information and empowering Users with seasoned advice on how to achieve intended results. Nothing contained herein or anywhere else on the Portal shall be deemed to be an endorsement of any college / university/ curriculum nor be seen as offering a guarantee of admission in the university / curriculum desired by User.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms for access or usage of the SherpaEdu Portal- a property owned and operated by Sherpa Edutech Private Limited which includes internet portals located at URL - www.mycollegesherpa.com, www.mycollegesherpa.in and www.collegesherpa.in (“Websites”) and a computer program designed to run on smartphones and tablets i.e. a mobile application located at URL - [insert] (“App”).
Websites and App are jointly referred to as the “Portal”, which is owned and operated by Sherpa Edutech Private Limited, having (CIN U80904PN2016PTC158282), a company incorporated under the Companies Act, 2013 and having its registered office at CTS 1065, 66, 68, Flat No. A2/704, Mirchandani Palms, Pimple Saudagar, Rahatani, Pune 411017, Maharashtra, India ('we' or 'us' or ‘SherpaEdu’).
Disclaimer:
SherpaEdu does not promote one college or university over another. SherpaEdu uses all reasonable endeavours to guide a User in identifying for themselves the best match in terms of course selection, location, economy and reputation.
All of the Services proposed to be availed by User require accurate and full disclosure of information by User for the purpose thereof. SherpaEdu cannot be held responsible in any manner whatsoever for any advice or guidance provided by it online or offline.
The Terms set out on the Portal may be altered / amended from time to time depending on the policies of SherpaEdu and the prevailing market conditions and it will not be possible for SherpaEdu to intimate User on every change that occurs in the Terms. It is recommended that Users visit this page periodically to refresh themselves on the terms governing their relationship with SherpaEdu for use of the Portal.
Please read the following terms and conditions carefully as use of Service (defined below) by User (as defined below) are subject to User’s acceptance of and compliance with the following terms and conditions ("Terms") since the Terms constitute a binding contract between SherpaEdu and User. By accessing, browsing, subscribing or otherwise using the Portal for any of the Services, User agrees that to have read, understood and be bound by the Terms, regardless of the form of or use of the Services.
For the purpose of these Terms, wherever the context so requires, the term or phrase:
(i) “User” shall mean any Person who seeks to avail the Services of SherpaEdu and has access or registered himself on the Portal. For the avoidance of doubt it is clarified that User shall also include “student” who is a minor and has access to the Portal through the assistance of such student’s parents or legal guardians.
(ii) “Person” shall mean any natural person, trust, firm, company, governmental authority, joint venture, association, partnership, society or other entity (whether or not having separate legal personality).
(iii) “User Content” means all text, software, scripts, graphics, photos, sounds, videos, audio-visual combinations, interactive features and other materials uploaded or created by any User on the Portal.
(iv) “User Information" is defined as any information provided by User at the time of registration or subscription or through any chat or email feature. SherpaEdu will protect User’s Information in accordance with the [Privacy Policy]. User is responsible for maintaining the confidentiality of the login ID and password and for restricting access to the respective computer of User, and User agrees to accept responsibility for all activities that occur under its login ID or password. SherpaEdu shall not be liable to any Person for any loss or damage which may arise as a result of any failure by User to protect the password or account. User undertakes to indemnify and keep indemnified SherpaEdu for any loss, claim, damage, costs (including legal and professional costs) in impact of the aforesaid. User agrees to notify SherpaEdu immediately of any unauthorized use of User account or any other breach of security. SherpaEdu reserves the right to refuse Service, terminate accounts, or remove or edit content in its sole discretion.
If any User wises to enquire about these Terms or has any comments or complaints on or about the Portal, please email us at [email protected].
The Terms are effective upon acceptance and govern the relationship between User and SherpaEdu including the provision of any of the Services on the Portal. In the event the Terms conflict with any other document / policy / content on the Portal, the Terms will prevail over them, for the purposes of usage of the Portal. In the event, User is not agreeable with the Terms and the Privacy Policy then User may not use the Portal in any way and should exit by unsubscribing from the Services provided by SherpaEdu.
1. Eligibility to Use:
1.1. Use of the Portal is available only to Persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 being un-discharged insolvents, persons of unsound mind, etc. are not eligible to use the Portal. However, “minors” being students under the age of 18 years shall register as Users of the Portal through their legal guardian / parent(s) and shall not transact on or use the Portal without their express consent and it is recommended that the parent (s) / legal guardian should be present at the time when there are any transaction especially financial transaction and/or there is counselling or mentoring or interaction with the Counsellors of SherpaEdu. SherpaEdu will not be responsible for any consequence that arises as a result of misuse of any kind on the Portal that may occur by virtue of any Person including minor student using the Services provided through the Portal. By using the Services a minor warrants that all the data provided is accurate and complete and that the parent/legal guardian has provided their consent towards the same. Upon registration on the Portal by the User, the parent (s) / legal guardian of the minor shall provide appropriate and relevant details about themselves and the minor for whom the Services are availed. In the event the User is not minor, User has the option to disclose the details of parent (s) / legal guardian upon the registration of the User on the Portal. SherpaEdu reserves the right to terminate User’s subscription and / or refuse to provide User with access to the Portal if it is discovered that User is under the age of 18 years and the consent to use the Services is not made by User’s parent/legal guardian or any information provided by User is inaccurate or SherpaEdu discovered that such User is not eligible to use the Portal. In the event User is a “minor” student, the legal guardian or parents of the minor student shall read and understand this Terms and the Privacy Policy and explain the same to User. For the avoidance of doubt, it is clarified that if the User is a minor then his legal guardian or parent has entered into a contract with SherpaEdu for the Services provided by SherpaEdu.
1.2. “Minor” students are cautioned to ensure that no payments are made by such “minor” students to avail Services except through their parents or legal guardians. In the event that the SherpaEdu becomes aware of such transactions it shall request the minor student to refrain from using its Services and terminate its Services forthwith.
1.3. User is prohibited from transferring User’s SherpaEdu account to another party. SherpaEdu owns no responsibility in any manner over any dispute arising out oftransactions by any third party using User’s account/e-mail provided by User to SherpaEdu or payments made by any of the payment methods by any third party. We make no representation that any Services referred to on the Portal are appropriate for use, or available outside India. Those who choose to access this Portal from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
2. SherpaEdu Services for Registered User:
2.1. SherpaEdu recommends that even for the purposes of browsing and collecting information from the Portal, User must register on the Portal. Registration enables Users to avail the benefits and features available to the registered User which may be blocked for a non – registered User.
2.2. Services are made available to a registered User through the Portal only if User has provided SherpaEdu certain required User information and created an account (“Account”) though login ID and password, which may include a gmail ID, yahoo ID or any other valid email ID (collectively, “Account Information”). The Services may also be subject to procedures for use of the Portal, uploaded guidelines, rules or other disclaimers and notices if any (“Additional Terms”). Users being minors are cautioned to ensure that any information provided by them is within the knowledge and concurrence of their parents / legal guardians. Minors are not required to disclose personally identifiable information or sensitive information to any of the representatives of SharpaEdu. Please note that the SherpaEdu is not bound to conduct a background verification of the User. On good faith basis, SherpaEdu permits the User to access the website and complete its registration on the Portal, irrespective of the fact that the User is a minor subject to Clause 1.1.
2.3. The registration will be completed upon User providing all the registration data as may be required by the Portal using the computer systems. For availing additional Services as specified in Clause 2.4 below, which are unavailable for the registered User, User shall be required to pay a Subscription Fee (defined below) and as per the packages subscribed by User, the Services shall be made available to User. User shall have to compulsorily register himself on the Portal and make payments in lieu of the Subscription Fees for availing any additional Services.
2.4. User will be responsible for maintaining the confidentiality of the Account Information, and shall be fully responsible for all activities that occur under his Account. User agrees to (i) immediately notify SherpaEdu of any unauthorised use of his Account Information or any other breach of security, and (ii) ensure that User exits from his Account at the end of each session. SherpaEdu cannot and will not be liable for any loss or damage arising from the User’s failure to comply with this Clause 2.4. User may be held liable for losses incurred by SherpaEdu or any User or visitor of the Portal due to authorised or unauthorised use of the User’s Account as a result of the User’s failure in keeping User’s Account Information confidential.
2.5. User Content and data uploaded by User will only be shared with those third parties who will be assisting SherpaEdu in providing Services to Users. However, User at his sole discretion may opt for sharing User Content with any third party.
3. Subscription Plan and Fees:
3.1. Various Service modules are available for subscription (“Subscription Fees”) and payment of fees for each such module is detailed in https://mycollegesherpa.com/subscription-plan (“Subscription Plan”). Users understand that this is an evolving model and that the Subscription Plan and Subscription Fees may undergo changes from time to time. In the event of any modification in Subscription Plan or Subscription Fees, SherpaEdu shall intimate User about the same and the date from which it is applicable along with the enhanced fees, if any.
3.2. Upon subscribing to the Subscription Plan, User shall be able to avail relevant Services related to the module selected on the basis of relevant Subscription Plan. Various Services include review of statement of purpose, essays, resumes, assisting User towards finalizing college, selecting institutions for grant of loan, making application for visa, tickets, etc. As per the relevant Subscription Plan, Users shall be provided with the facility to engage in a chat or make prescribed video calls with the Counsellor on the Portal.
3.3. It is further clarified that SherpaEdu reserves the right to review only the contracted number of essays, statement of purpose, etc. and any modifications or alterations suggested by the Counsellor or Reviewer of SherpaEdu to any documents shall be based on limited review by the Counsellor or Reviewer of SherpaEdu and is not meant to be treated as re-drafting exercise. Such charges will be applicable irrespective of whether or not, pursuant to submissions made by the User, the User has been admitted into any university. Any additional submissions etc in excess contracted numbers may be charged additionally.
3.4. SherpaEdu shall have the right to promote their Services by offering discounts or relaxing the terms of usage for certain plan or expanding their features for certain Services, at its sole discretion.
4. User Obligations:
4.1. User shall ensure that the Account Information provided by him in the Portal’s registration form is complete, accurate and up-to-date. Use of another User’s Account Information for availing Services at the Portal is expressly prohibited.
4.2. Unregistered User shall be entitled to limited scope of Services while the registered User will have access to other additional free Services as may be granted by SherpaEdu from time to time. Paid User shall be able to access the Services as per the subscribed Subscription Plan by such User.
4.3. It is recommended that User update their information provided on the Portal regularly to enhance the experience of the use of the Portal and to enable SherpaEdu to provide seamless Services. User can update or correct the information provided by them by visiting https://mycollegesherpa.com/update_profile .
4.4. User agrees that if he/she provides any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if SherpaEdu has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the this Terms, SherpaEdu shall have the right to indefinitely suspend or terminate or block access of User’s membership on the Portal and refuse to provide User with access to the Portal. Further, User undertakes to indemnify and keep indemnified SherpaEdu for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.
4.5. User hereby agrees and understands that the Services provided by SherpaEdu also include third party services i.e. Services provided by Reviewer or any other Person for facilitating SherpaEdu to provide seamless Services to Users. User admits that the use of such third party services shall be the sole responsibility of User and User shall ensure that he/she maintains such telecommunications and internet services necessary for availing such services along with such required software and hardware devices, at the sole cost of User. User hereby agrees and acknowledges that SherpaEdu shall not be liable for any loss, data corruption, bad signals, communication difficulties or any other damage of loss of any kind arising out of User availing such third party services. For the avoidance of doubt, it is clarified that SherapEdu doesn’t receive any benefit by engaging with the third party services. In the event any agreement or contracts are executed with the minor student and the third party, it shall only be executed with the parents or the legal guardian of the minor student.
4.6. Video conference Services are provided to User to facilitate face to face interactions between the Counsellor and User. In the event, this Service is utilized by the minor student, it is recommended that the parent or the legal guardian also attends the video conference with the student. Counsellor shall not be liable to continue video conference with the minor student in absence of the parent or legal guardian of the minor student.
4.7. User undertakes that it shall refrain from disclosing any personal information including but not limited to contact details, address, email id, financial details and other sensitive information of User to the Counsellor. In the event User becomes aware of any such misconduct, User shall intimate SherpaEdu about the same at the earliest by writing to SherpaEdu on [email protected].
5. Payment Obligations:
5.1. In the event User is a minor student, the payment for the Subscription Plan i.e. Subscription Fees shall be made by the parents or legal guardian of User and it shall be deemed that the parents or legal guardian of the minor student have read and are aware about the Subscription Plan, these Terms and the Privacy Policy.
5.2. Upon User finalizing upon the Subscription Plan he wishes to avail, payments in lieu of such plan shall be made in full prior to the availment of the Services. Upon the expiry of the relevant Subscription Plan, User may opt for any other Subscription Plan offered by SherpaEdu.
5.3. While availing any of the payment method/s available on the Portal, SherpaEdu will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to User due to:
5.3.1. lack of authorization for any transaction(s), or
5.3.2. exceeding the present limit mutually agreed by User and between bank(s), or any payment issues arising out of the transaction, or
5.3.3. decline of transaction for any other reason(s) whatsoever.
5.4. All payments made against the Services on Portal by User shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Portal shall not facilitate transaction with respect to any other form of currency with respect to the transactions made on the Portal except in accordance with the existing billing policies of SherpaEdu.
5.5. User shall independently obtain tax advice (direct and indirect) and promptly pay, all taxes of any kind (including but not limited to sales and service taxes, as may be applicable) associated with these Terms or User's receipt of the Services.
5.6. User shall refer to the https://mycollegesherpa.com/refund-cancellation-policy [Cancellation and Refund Policy] towards any claim for refund.
5.7. SherpaEdu reserves the right to refuse to process transactions of User with a prior history of questionable charges including without limitation breach of any agreements by User with SherpaEdu or breach/violation of any law or breach of any policy.
5.8. SherpaEdu is not obligated to conduct background checks as it deems fit before approving the receipt of User commitment to make payments from User for security or other reasons at the discretion of SherpaEdu. As a result of such check if SherpaEdu is not satisfied with the creditability of User or genuineness of the transaction, it will have the right to reject the receipt of / User’s commitment to make payments.
5.9. User acknowledges that SherpaEdu will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/Payments or any delay in processing a transaction which is beyond control of SherpaEdu.
5.10. Card Details towards Payment Obligations: User agrees, understands and confirms that the credit/ debit card details provided by the User for availing of services on our Portal will be correct and accurate and User shall not use the credit card/debit card which is not lawfully owned by User. User further agrees and undertakes to provide the correct and validate credit card details when making payment on the Portal. SherpaEdu does not store any information related to the credit card/ debit card or net banking. In case SherpaEdu does not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from User’s account, the same will be credited back as per the policies of the bank / card issuer. SherpaEdu shall not be liable in any event, for any credit card fraud that occurs to User. The liability for use of a card fraudulently will be on User and the onus to 'prove otherwise' shall be exclusively on User.
5.11. Fraudulent /Declined Transactions: SherpaEdu’s payment partner’s (being the Payment Gateways and facilitators and Banks) and the fraud detection team constantly monitors User’s account in order to avoid fraudulent accounts transactions. SherpaEdu reserves the right to initiate legal proceedings against such Persons for fraudulent use of the Portal and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such User account(s) and dishonour all past and pending subscriptions without any liability. SherpaEdu shall owe no liability for any refunds.
5.12. Electronic Communications: When User visit the Portal, chat or send email(s) option on the Portal, User are communicating with SherpaEdu electronically. User consents to receive communications from SherpaEdu electronically. SherpaEdu will communicate with User by chat, email or SMS. User agrees that all agreements, notices, disclosures and other communications that SherpaEdu provides to User electronically satisfy all legal requirements.
5.13. SMS Communication: On registering on the Portal, User agrees that SherpaEdu may use User’s registered mobile number on the Portal to send transaction related SMS to User irrespective of having DND services activated on User’s mobile.
5.14. In the event User is not satisfied with the Services provided by SherpaEdu, User can contact SherpaEdu at [email protected].
6. Roles and Responsibilities of Counsellor
6.1. A Counsellor shall be appointed by SherpaEdu for guiding User towards streamlining the process of admission in various universities and understanding requirements of the said universities along with providing broad ideas regarding milestone completion such as essay submission or attending interviews (“Counsellors”). These Counsellors are appointed by SherpaEdu to interact with Users. It is further clarified that the Counsellors shall only provide guidance and the Counsellor does not take decisions or steps on behalf of Users. Counsellors do not and are not supposed to assist with submissions of various documents to various universities. The Counsellor shall only guide and review submission of User. SherpaEdu does not provide statement of purposes, essays or any documents on behalf of students. Final decision towards the admission process and submission of documentation shall only be taken by User.
6.2. Counsellors are not authorized to reveal their personal information nor are entitled to ask any personal information from User, except for what may be required to be submitted to the Portal for counselling the User.
6.3. Further, SherpaEdu shall also engage the services of a reviewer who shall assist SherpaEdu in facilitation of the Services by reviewing essays, statement of purpose, etc. (“Reviewer”). Reviewer may not be employed by SherpaEdu and User will have no interaction with the Reviewer. Any communication of the Reviewer shall be communicated by the Counsellor of SherpaEdu. It is further clarified that SherapEdu shall share information of User on need to know basis with the Counsellor and the Reviewer.
7. Abuse or Misuse of the Portal and Data Protection
7.1. User hereby confirms and agrees that :
7.1.1. it shall neither engage in by itself nor indirectly be part of any kind of abuse or misuse of the Portal in any manner whatsoever.
7.1.2. by availing the video sessions available on the Portal, apart from not sharing any kind of unnecessary personal information with the other party, User shall also ensure that he/she shall not inter alia share, display, convey, transmit or portray abusive or obscene content of any kind in any manner whatsoever. Likewise, in the event User feels that there is any kind of abusive or obscene content or such other information shared / displayed by a representative of SherpaEdu, User shall immediately report the same to SherpaEdu at [email protected]. In the event SherpaEdu has reasons to believe that User is inter alia sharing, displaying, conveying, transmitting or portraying abusive or obscene content of any kind or User has been part of such transmission, SherpaEdu has the absolute right to terminate the account and the Services availed by User without providing any reason whatsoever, apart from other measures that SherpaEdu may take recourse to.
7.1.3. SherpaEdu shall not be responsible or liable for any act as mentioned above in any manner whatsoever and that User shall not make any kind of claim against SherpaEdu or make SherpaEdu party to any claim he/she is making before any forum in relation to any abuse or misuse of the Portal to which User is a party to or otherwise.
7.1.4. it shall be the sole responsibility of User to restrict such abuse or misuse of any kind of the Portal and the Services availed and User shall ensure that it shall report to SherpaEdu at the earliest on occurrence of any such event.
7.1.5. it shall not inter alia share, make, display or transmit any copyrighted material including but not limited to electronic copies of materials protected by copyright, which User is not permitted to do in the course of the Services availed on the Portal. User shall be entitled to share only such materials which have an open source code and that they have specifically permitted User to share. In the event User shares any of the copyrighted materials to the other party without the prior written consent of SherpaEdu, User shall be liable for such actions taken against it by SherpaEdu and any aggrieved third party for violations of the intellectual property rights of such parties.
7.1.6. it shall not collect or store any personally identifiable information from the Portal or provide Services to any other Person nor impersonate or misrepresent User’s affiliation with any Person or entity.
7.1.7. it shall use the Services provided by SherpaEdu, for lawful purposes only and shall comply with all applicable laws and regulations while using the Portal and transacting on the Portal.
7.1.8. it shall provide authentic and true information in all instances where such information is requested of User. SherpaEdu reserves the right to confirm and validate the information and other details provided by User at any point of time. If upon confirmation Users details are found to be false (wholly or partly), SherpaEdu has the right and the sole discretion to reject the registration and debar User from using the Services on the Portal and / or other affiliated websites without any prior intimation whatsoever.
7.1.9. it shall access the Services available on the Portal and transact at User’s sole risk and will use best and prudent judgment before entering into any transaction through the Portal.
7.1.10. it shall not host, display, upload, modify, transmit, update or share any information that disseminates any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or transmits any material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice or gains unauthorized access to other computer systems.
7.1.11. it shall not unlawfully threaten or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 or advocates harassment of another Person or interferes with any other Person's use or enjoyment of the Portal or provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone or interferes or disrupts networks or websites connected to the Portal.
7.1.12. it shall not be involved in the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
7.1.13. it shall not infringe upon or violate any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity or use, display, mirror or frame the Portal, or any individual element within the Portal or Services, SherpaEdu’s name, any SherpaEdu trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SherpaEdu’s express written consent.
7.1.14. it shall not provide instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
7.1.15. it shall not try to gain unauthorized access or exceeds the scope of authorized access to the Portal or to profiles, blogs, communities, account information, bulletins, or other areas of the Portal or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
7.1.16. it shall not threatens the unity, integrity, defence, security or sovereignty of India, India’s 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.
7.1.17. it shall not directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
7.2. User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Portal or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Portal or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Portal. SherpaEdu reserves its right to bar any such activity.
7.3. User shall not probe, scan or test the vulnerability of the Portal or any network connected to the Portal nor breach the security or authentication measures on the Portal or any network connected to the Portal. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Portal, or any other User, including any account on the Portal not owned by User, to its source, or exploit the Portal or any Service or information made available or offered by or through the Portal, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Portal.
7.4. User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about SherpaEdu or domain name used by SherpaEdu, or otherwise engage in any conduct or action that might tarnish the image or reputation, of SherpaEdu on the Portal or otherwise tarnish or dilute any of SherpaEdu'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 SherpaEdu. User agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Portal or SherpaEdu’s systems or networks, or any systems or networks connected to SherpaEdu.
7.5. User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Portal or any transaction being conducted on the Portal, or with any other Person's use of the Portal.
7.6. User may not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmittal of any message User sends to SherpaEdu on or through the Portal or any Services offered on or through the Portal. User may not pretend that he is, or that he represents someone else, or impersonate any other individual or entity.
7.7. User shall at all times ensure full compliance with the provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or other such regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding User’s use of Services and User’s listing, solicitation of offers to avail Services, and avail of Services. User shall not engage in any transaction in any service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
7.8. Solely to enable SherpaEdu to use User Content supplied to it by User and to ensure that SherpaEdu is not in violation of any rights User may have in User Content, User agrees to grant SherpaEdu a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights User has in User Content, in any media now known or not currently known. SherpaEdu will only use User information in accordance with the Terms and Privacy Policy applicable to use of the Portal.
7.9. User understands that SherpaEdu has the right at all times to disclose any information (including the identity of the Persons providing information or materials on the Portal) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, SherpaEdu can (and User hereby expressly authorizes SherpaEdu to) disclose any information about User to law enforcement or other government officials in accordance to law and including but not limited to the Information Technology(Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009, the Information Technology (Procedure for Safeguards for Blocking for Access of Information by Public) Rules, 2009, the Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, or any other law as SherpaEdu, in its sole discretion, believes is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
7.10. User acknowledges that SherpaEdu is required to report cyber security incidents related information with appropriate authority and relevant data in connection therewith, which report may include data of User and their activities on the Portal.
7.11. User is responsible for obtaining data access necessary to use the Services and also for acquiring and updating compatible hardware or devices necessary to access and use Services and any updates thereto. Services may be subject to malfunctions and delays inherent in the use of the internet and/or any electronic communications.
7.12. SherpaEdu reserves the right, but has no obligation, to monitor the materials posted on the Portal. SherpaEdu shall have the right to remove or edit any User Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, User remains solely responsible for User Content of the materials he posts on the Portal and in his private messages. User is advised that such User Content posted does not necessarily reflect SherpaEdu’s views. In no event shall SherpaEdu assume or have any responsibility or liability for any User Content posted or for any claims, damages or losses resulting from use of User Content and/or appearance of User Content on the Portal. User hereby represents and warrants that he has all necessary rights in and to all User Content which he provides and all information it contains and that such User Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
7.13. SherpaEdu shall have all the right to take necessary action and claim damages that may occur due to User’s involvement/participation in any way on his own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
7.14. Any software that is available on the Portal is the property of SherpaEdu. User may not use, download or install any software available on the Portal, unless otherwise expressly permitted by these Terms or by the express written consent of SherpaEdu.
7.15. In case a Person using the world wide web/internet receives a spam or virus which includes a link to Portal or to any other site maintained, operated or owned by SherpaEdu, it should not be held responsible for the same. SherpaEdu assumes no responsibility for such mails.
7.16. User is prohibited from violating or attempting to violate the security of the Portal by sending unsolicited email, including promotions and/or advertising Services or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. SherpaEdu will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting User who are involved in such violations.
7.17. User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Portal or any activity being conducted on the Portal or not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Portal, which can be used on most of the internet browsers.
8. Content Posted on the Portal
8.1. Except as expressly provided in these Terms, no part of the Portal and no User Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web portal, app or other medium for publication or distribution or for any commercial enterprise, without SherpaEdu’s express prior written consent.
8.2. User may use information on the Services purposely made available on the Portal for downloading, provided that (1) User does not remove any proprietary notice language in all copies of such documents, (2) User uses such information only for his personal, non-commercial informational purpose and does not copy or post such information on any networked computer or broadcast it in any media, (3) User does not make modifications to any such information, and (4) User does not make any additional representations or warranties relating to such documents.
8.3. User shall be responsible for any User Content or other materials or information posted or transmitted to the Portal. Such User Content will become SherpaEdu’s property and User grants SherpaEdu the worldwide, perpetual and transferable rights in such User Content. SherpaEdu shall be entitled to, consistent with its privacy policy as adopted in accordance with applicable law, use User Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include User Content. User agrees that any User Content that he may post may be used by SherpaEdu, consistent with SherpaEdu’s privacy policy and rules of conduct on the Portal as mentioned herein, and User is not entitled to any payment or other compensation for such use.
8.4. SherpaEdu prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
8.5. If a feedback, comments or any communication made by User on the Portal contains profanity, User is advised to review the SherpaEdu’s feedback removal policy and submit a request for action/removal.
8.6. Disciplinary action may result in the indefinite suspension of a User’s Account, temporary suspension, limits placed on account privileges, loss of special status or a formal warning.
8.7. SherpaEdu may consider the circumstances of an alleged policy violation and User’s records before taking action.
8.8. SherpaEdu have taken every care in the preparation of the content on the Portal. To the extent permitted by applicable law, SherpaEdu disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Portal. SherpaEdu shall not be liable to any Person for any loss or damage which may arise from the use of any of the information contained in any of the materials on the Portal.
9. Modification of Terms & Conditions of Service
SherpaEdu may at any time modify the Terms of the Portal without any prior notification to User. Should User wish to terminate the account due to a modification to the Terms or the Privacy Policy, User may do so email us at [email protected]. However, if User continue to use the Service User shall be deemed to have agreed to accept and abide by the modified Terms of the Portal.
10. Governing Law and Jurisdiction
10.1. These Terms shall be construed in accord with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of these Terms.
10.2. In the event of any dispute or difference either in interpretation or otherwise, of any terms of these Terms, the same shall be referred to an independent arbitrator who will be appointed by SherpaEdu and such Arbitrator’s decision shall be final and binding on the User. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended time to time. The arbitration shall be conducted in English language and seat of arbitration shall be Mumbai.
11. Ownership of Rights and Reviews, Feedback, Submissions
11.1. All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on or by our Portal, submitted or offered in connection with your use of this Portal (collectively, the "Comments") shall be and remain the property of SherpaEdu. Such disclosure, submission or offer of any Comments shall constitute an assignment to SherpaEdu of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, SherpaEdu own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. SherpaEdu will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments User submit for any purpose whatsoever, without restriction and without compensating User in any way. SherpaEdu shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay User any compensation for any Comments or use of comments; or (3) to respond to any Comments. User agree that any Comments submitted by them on the Portal shall not violate this Terms or Privacy Policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity. User further agree that no Comments submitted by User on the Portal will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, bugs, worms, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
11.2. SherpaEdu reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Portal. User undertake not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments User submits. User shall remain solely responsible for the content of any Comments that User make and agree to indemnify SherapEdu and our affiliates for all claims resulting from any Comments User submits. SherpaEdu and our affiliates take no responsibility and assume no liability for any Comments submitted by User or any third party.
11.3. All rights, including copyright, on the Portal are owned by or licensed to SherpaEdu. The Portal contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, artwork, computer code, design, structure, selection, co-ordination, expression, the look, feel and arrangement of the content on the Portal, images, illustrations, audio clips and the entire contents of SherpaEdu protected by copyright, trademarks and other intellectual property rights. SherpaEdu owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as copyright or license to use in the content original to it. Any use of the Portal or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited. User is prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any content available on or through our Portal for commercial or public purposes. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of SherpaEdu is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
11.4. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Portal or a website otherwise owned or operated in conjunction with SherpaEdu shall not be deemed to be in the public domain but rather the exclusive property of SherpaEdu, unless such website is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of SherpaEdu, unless otherwise stated. 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 also User must not assist any other person to do so.
11.5. SherpaEdu does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Portal, User warrants that the owner of such material has expressly granted SherpaEdu the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permit any other end user to access, view, store or reproduce the material for that end user's personal use. User hereby grant SherpaEdu, the right to edit, copy, publish and distribute any material made available on the Portal by User.
12. Indemnity and Limitation of Liability
12.1. User agree to defend, indemnify and hold SherpaEdu, its employees, directors, officers, agents and their successors and assignees, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of or relating to claims based upon User’s actions or inactions, which may result in any loss or liability to us or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms, Privacy Policy or arising out of violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity and loss of service by other subscribers. This clause shall survive the expiry or termination of these Terms.
12.2. IN NO EVENT SHALL SHERPAEDU BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
12.3. Subject to the above and notwithstanding anything to the contrary contained in this Terms, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of SherpaEdu vis-à-vis any User, regardless of the form of claim, shall not exceed the amount paid by the User under the applicable Subscription Plan.
12.4. The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.
13. Term and Termination
13.1. SherpaEdu may terminate these Terms at any time. Without limiting the foregoing, SherpaEdu shall have the right to immediately terminate User’s Account or block User’s IP address, in the event of any misconduct by User, which SherpaEdu, in its sole discretion, considers to be unacceptable, or in breach of these Terms.
13.2. User may terminate these Terms at any time, provided that User discontinues any further use of the Portal.
13.3. Termination or expiration of these Terms in part or in whole, shall not limit the SherpaEdu from pursuing other remedies available to it, nor shall User be relieved of its obligation to pay all monies that are due and owing under these Terms up to the effective date of termination. SherpaEdu shall not be liable to User for any damages resulting solely from termination as permitted herein
14. Disclaimers
14.1. The Portal is provided without any warranties or guarantees and in an "as is" condition. User shall bear the risks associated with the use of the Portal.
14.2. Review of submissions of User shall not guarantee in any manner admission to any colleges, university or curriculum.
14.3. SherpaEdu will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems User may experience with the Portal. This disclaimer constitutes an essential part of these Terms.
14.4. SherpaEdu, our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, relevance and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Portal or that the operation of the Portal will be error free, completely secure and/or uninterrupted. Consequently, SherpaEdu assumes no liability whatsoever for any monetary or other damage suffered by the User on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Portal; and/or any interruption or errors in the operation of the Portal.
15. Severability
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
16. Entire Agreement
Unless otherwise specified herein, these Terms and Privacy Policy constitute the entire agreement between User and SherpaEdu with respect to the Portal and the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between User and SherpaEdu. SherpaEdu’s failure to act with respect to a breach by User or others does not waive SherpaEdu’s right to act with respect to subsequent or similar breaches.
17. Grievance Officer
Should you have questions about the Terms or Portal’s information collection, use and disclosure practices, you may contact, the Grievance Officer appointed by SherpaEdu. SherpaEdu will use reasonable efforts to respond promptly to any requests, questions or concerns, which you may have regarding our use of your personal information. If you have any grievance with respect to our use of your information, you may communicate such grievance to the Grievance Officer at [email protected].
