End-User License terms for User Account

1. Introduction
   1. These End-user license terms for User Account govern the use of this website www.edfina.com, its mobile phone application(s) and other related internet-based Applications (collectively referred to as “Application") for the creation of user account (hereinafter, “Terms”).
   2. All users of this Application are requested to read the Terms herein and confirm acceptance by pressing the “I agree” button to use the Application.
   3. Other terms and conditions mentioned in the Application specifically or in a general manner shall be applicable as it incorporated into these terms.
   4. To use the Application, users have to register with the Application and create a user account ("User Account”) and for availing our features (www.edfina.com/schoolexcel) availed from us through the Application after making payment of the Fee (www.edfina.com/schoolexcel).
   5. These Terms and your activity under this Terms are an electronic record, and these Terms being electronically generated by a computer system may not require any signatures. We recommend you print out a copy of these Terms for your future reference.
   6. We reserve the right to modify these Terms and other policies applicable in general and/or to specific areas of our services or to a particular service which shall also be considered as part of these Terms, at any time without giving you any prior notice, and such changes shall be binding on you.
   7. You shall re-visit these Terms from time to time to stay abreast of any changes that we may introduce to these Terms, and the same shall be prospectively applicable.
   8. You shall not accept these Terms if you are a person who is either barred or otherwise legally prohibited or not authorized to use the same.
   9. You shall not impersonate any person or entity or falsely state or otherwise misrepresent age, identity or affiliation with any person or entity.
   10. Notwithstanding anything contained herein, we reserve the right to deny your registration as a User and deny our services without assigning any reason whatsoever.
   11. We strongly advise that independent professional advice be obtained before you purchase or avail any product and/or service via our Application.
   12. By using the Application, you consent to the use of your information, as we outlined in our privacy policy. Our services use cookies; by using our services or agreeing to these Terms, you consent to our use of cookies in accordance with the Terms of our privacy policy.
   13. We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with us, and any inconsistencies among the different versions will be resolved in favor of the English version.
2. Using the Application and services
   1. Acceptance: By accepting these terms, you agree to unconditionally accept and agree to comply with and be bound by these Terms. You agree not to use the Application for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to you.
   2. User Account: You may create an account/s and and make payment of Fee (Refer fee details at www.edfina.com/schoolexcel) to use some of the features that are offered through the Application. You agree that you are solely responsible for maintaining the secrecy of your passwords, login, and account information for using the Application. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Each users under you shall also be bound to terms and conditions as mentioned in this Terms.
   3. Licenses: During the period while you are availing the services which we provide in our Application, we may provide licenses/permissions for the use of technology/services/materials and User Account through our Application. The same may be canceled at our discretion.
   4. You confirm and warrant to us that the details submitted by you are true and correct, and we can rely on it for providing the services sought by you from us or to enhance features of our products and services.
   5. Communications: By creating an account, you agree to receive certain communications in connection with us and our services. By using the Application and/or registering yourself our Application, you authorize us, our affiliates, our associates, partners to contact you via email or phone call or SMS and offer you their services for the product you have opted for, imparting product knowledge, offer promotional offers running on Application & offers offered by the associated third parties, for which reasons, as well as web aggregation, personally identifiable information, may be collected as detailed below. And irrespective of the fact if also you have registered yourself under Do Not Disturb or Do Not Call or similar service, you still authorize us to give you a call from us, our affiliates, our associates, partners for the above-mentioned purposes.
   6. Availability of Application or any services: Our Application or services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
   7. Services: The details of the services available from us will be updated from time to time. The details of the services available can be accessed through the link [www.edfina.com/schoolexcel]. We may withdraw or modify any services. To avail of the services, you shall select the same and make payment of applicable Fee. The disclaimers and terms forming part of the services shall be binding on you.
   8. Fee: You agree that you shall pay the fee for the services/products/liscenses which you avail through the Application. The fee once paid shall be non-refundable, unless approved by us in writing. The details of the Fee are available on the link [www.edfina.com/schoolexcel].
   9. Expiry of service: Other than as provided in these Terms, the services/products/licenses from our side will be available to you only during the validity period, which will be based on the fee paid by you, or before the termination of these Terms or before us we discontinuing the services/products/licenses.
3. Use of information
   1. We may, as a result of your interaction with the Application, hold, and process information obtained about you when you access the Application.
   2. By executing these Terms, you hereby grant us authority, power and also authorize us or our authorized representatives to do all acts on your behalf as may be necessary for providing the services sought by you through the options available in our Application.
4. Proprietary rights
   1. You do not have the right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to copy and use the software, text, images, graphics, video, and audio used on this Application (“Content”). You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the services. You will not copy or transmit any of the services.
   2. We neither represents nor warrants that your use of materials displayed at the Application will not infringe rights of third parties.
5. Prohibited Conduct
   1. By using our Application, you agree that you shall not:
      (a)  use our services and Application for spamming or any other illegal purposes;
      (b)  infringe ours or any third party's intellectual property rights, rights of publicity or privacy;
      (c)  post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
      (d)  post or transmit any message, data, image or program which violates any law;
      (e)  refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide to us;
      (f)  remove, circumvent, disable, damage or otherwise interfere with security-related features of our Application or features that enforce limitations on the use of our services and Application;
      (g)  upload any content that constitutes negligent advice or contains any negligent statement, an incitement to commit a crime or contains instructions for the commission of a crime or the promotion of criminal activity; or any content which is in contempt of any court, or in breach of any court order; or discriminates on the basis of age, sex, religion, race, gender; harassing, invasive of another's privacy, blasphemous; in breach of any contractual obligations or depicts violence or is pornographic, paedophilic, obscene, suggestive or sexually explicit; or consists of or contains any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; or constitutes spam; or is grossly harmful, offensive, deceptive, fraudulent, threatening, abusive, hateful, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or causes annoyance, inconvenience or needless anxiety to any person; or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or harm minors in any way or otherwise unlawful in any manner whatever;
      (h)  upload any content that threatens the unity, integrity, defense, security or sovereignty of any country, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any nation;
      (i)  upload any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      (j)  reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of our services and Application or any part thereof or infringe any patent, trademark, copyright or other proprietary rights;
      (k)  use our services and Application in any manner that could damage, disable, overburden, or impair, including, without limitation, using our services and Application in an automated manner;
      (l)  modify, adapt, translate or create derivative works based upon our services and Application or any part thereof; (m)  intentionally interfere with or damage the operation of our services and Application or any other User’s use of our services and Application, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
      (n)  use any robot, spider, other automatic devices, or manual process to monitor or copy our services and Application without our prior written permission;
      (o)  interfere or disrupt our services and Application or networks connected therewith;
      (p)  take any action that imposes an unreasonably or disproportionately large load on our infrastructure/network;
      (q)  use any device, software or routine to bypass our services and Application robot exclusion headers, or interfere or attempt to interfere, with our services and Application;
      (r)  forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our services and Application or to manipulate your presence on our services and Application;
      (s)  use the facilities and capabilities of our services and Application to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
      (t)  breach these Terms or any other policies which we may adopt from time to time;
      (u)  provide false, inaccurate or misleading information to our services and Application; and
      (v)  use our services and Application to collect or obtain personal information, including without limitation, personal information about other Users of our services, and Application.
      
   2. Although we may from time to time monitor or review postings, transmissions, and the like on the Application, we under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Application.
   3. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
   4. We retain the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
6. Display/ Advertisements/ Web Links
   1. We have not reviewed any sites that may be linked to the Application and are not responsible for the content of any off-site pages or any other sites linked to the Application. Your linking to any other off-site pages or other sites is at your own risk.
   2. Our display on or through the Application of various services or product options offered by third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation, or approval or advice from us for any such third parties or their products.
   3. You agree that we are in no way responsible for the accuracy, timeliness, or completeness of information it may obtain from these third parties. Your interaction with any third party accessed through the Application is at your own risk, and we will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.
   4. You agree that you may need to agree with the terms and conditions of such third parties by accessing their Application, and the same will be at your sole risk and responsibility.
7. Inaccuracies at the Application
   1. While we use reasonable efforts to include accurate and up to date information at the Application, we make no warranties or representations as to the Application's accuracy. We disclaim any and all liability for the accuracy, completeness, or correctness of such information.
8. Security at the Application
   1. While we use reasonable efforts to safeguard the security of the Application, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Application. We assume no liability or responsibility for any unauthorized alterations in the content or functionality of the Application.
9. Disclaimer of warranty
   1. The Application and all content and services provided on the Application are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. We make no warranty, and expressly disclaims any obligation, that:
      (a)  the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances;
      (b)  the Application will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis
      (c)  the results that may be obtained from the use of the Application or any services offered through the site will be accurate or reliable; or
      (d)  the quality of any products, services, information, or other material obtained by you through the Application will meet your expectations.
      
10. Limitation of Liability
    1. We (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for
       (a)  any injury, death, loss, claim, an act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with
       (i)   any failure or delay (including without limitation the use of or inability to use any component of the Application), or
       (ii)  any use of the Application or content, or
       (iii)  the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or
       (b)  any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Application or your downloading of any content from the Application.
       
11. Use information on this Application
    1. Except as specifically permitted by these Terms, no portion of the information on this web site may be reproduced in any form, or by any means, without our prior written permission.
12. Governing law and Jurisdiction
    1. The laws of India, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them.
    2. If you take any legal action relating to your use of the Application or these Terms, you agree to file such action only in the courts located in Bengaluru, Karnataka State, Republic of India.
13. Details of Grievance Officer
    1. The name and contact details of the Grievance Officer are provided below: Name: [Jitesh Bhandari] Email id: [jitesh@gefcglobal.com]
    2. Governing Law, Jurisdiction, and Dispute Resolution. The provisions of these Terms shall be governed by and construed in accordance with Indian law and shall be subject to the exclusive jurisdiction of the courts located in Bengaluru, Karnataka State, Republic of India. Any dispute, difference, claim, or controversy arising between the Parties (hereinafter "Dispute") out of or in connection with these Terms shall be settled amicably by mutual discussion and negotiation. Unresolved disputes, if any, shall be resolved by arbitration following the Arbitration and Conciliation Act, 1996 and the rules framed thereunder. The Dispute shall be referred to a sole arbitrator to be appointed by consent. The Arbitration proceedings shall be conducted, and the award shall be rendered in the English Language. The sole arbitrator appointed by the Parties shall be entitled to adopt the fast track procedure provided under the Arbitration and Conciliation Act 1996. The arbitration shall be in English, and all orders/ awards passed in the proceedings by the arbitrator shall be final, conclusive, and binding on the Parties. The venue of the arbitration shall be Bengaluru, Karnataka State, Republic of India. The Fee of Arbitrator shall be shared equally by the Parties. The arbitrator shall be entitled to award costs, including legal costs.
14. Breach of the Terms
    1. Without prejudice to our other rights under these Terms, if you breach these Terms and in any way, or if we suspect that you have breached these Terms in any way, we may
       (a)   send you one or more formal warnings;
       (b)   temporarily suspend your access to our Application and services;
       (c)   permanently prohibit you from accessing our Application and services;
       (d)   block computers using your IP address from accessing our Application and services;
       (e)   contact any or all of your internet service providers and request that they block your access to our Application and services;
       (f)   commence legal action against you, whether for breach of contract or recovery of amounts due or damages or otherwise;
       (g)   suspend or delete your account on our Application and services; and/or
       
    2. Notwithstanding anything to contrary contained this these Terms after termination or suspension of services or discountenance of your User Account on our Application pursuant to your breach or otherwise, you will not be entitled to refund of any Fee.
15. Feedback
    1. Your feedback makes use of our Application and services better; please feel free to share it with us on [contact@edfina.com]. Unless admitted explicitly by us or as required by law, all feedback shall be non-confidential.
    2. We will assume no responsibility for reviewing unsolicited ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in our future programs.
    3. Please do not reveal trade secrets or other confidential information in your messages to us.