This document is an “electronic record” in terms of The Information Technology Act, 2000 and Rules made thereunder and as they may be amended from time to time. Being a system generated electronic record, it does not require any physical or digital signature.
Greetings from ProTeen!
ProTeen (hereinafter referred to as the “Platform”) equips high-school and college students with the awareness and skills they need to make smart academic and career choices for the 21st Century.The Platform is created and owned by UniDEL Group.
1. Acceptance of Terms, etc
1.2. You consent to have these Terms and all notices provided to you in electronic form.
The minimum age to use the Platformis 18 (eighteen) years. By using the Platformand in order to be competent to contract under applicable law, you represent and warrant that you are at least 18 (eighteen) years of age or not a minor in any other jurisdiction from where you access the Platform. By using the Platform, you hereby represent and warrant to us that you have all right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions thereof. If you are less than 18 (eighteen) years old or a minor in any other jurisdiction from where you access our Platform, you state that you have the requisite permission to access the Platform from your parent/legal guardian and in which case, these Terms will be applicable to them and accordingly, they will be responsible and liable for all acts undertaken by the said minor. If we become aware that a minor has registered with us and provided us with personal information without consent from the parent/legal guardian, we may take steps to terminate such minor’s registration and delete his/her account with us.
3. Platform Account
3.2. Your account details you provide to us must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else and you are solely responsible and liable for any and all usage and activity on the Platformthat takes place under your account.
3.3. By agreeing to these Terms, you grant us the permission to send electronic communications to you as part of our offering. This includes but is not limited to sending emails, newsletters, notifications and promotional offers from us and our partners and service providers. Shouldyou no longer wish to receive such electronic communications, you may write to us firstname.lastname@example.org.
3.4. Any account you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other third party to access or use your account in any way whatsoever.
4. Term and Termination
4.1. These Terms will remain in full force and effect while you use the Platformor any part thereof, as a registered user.
4.2. You may terminate or disable your Platformaccount at any time and for any reason by deleting your profile and Platform account.
4.3. We may terminate or suspend, whether temporarily or permanently, your Platformaccount at any time without notice and for any reason. Further, at our sole discretion, we may terminate or suspend, whether temporarily or permanently, your Platformaccount at any time without notice if we reasonably believe that you have breached these Terms, or for any other reason, with or without cause. After your Platformaccount is terminated or suspended, all the terms hereof shall survive such termination or suspension, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
4.4. You acknowledge that we reserve the right to terminate or delete your account in case it remains ‘inactive’ for a duration as determined by us in our sole discretion. If we terminate or suspend your account because you have breached these Terms or Other Policies, you will not be entitled to any refund of unused subscription fees and for any fees towards any in-Platform purchases.
5. Platform Usage
5.1. Unless you have express permission from ProTeen to use the Platform for commercial purposes by way of a memorandum of understanding, purchase order, or any other form of written communication/email, the Platformis strictly available for your personal, educational and non-commercial use only.
5.2. You are hereby strictly prohibited from and against:
(i) undertaking any marketing, promotion, advertising or soliciting any other Platformuser to buy or sell any products or services whether through the Platformor not;
(ii) transmitting any chain letters, junk, bulk or spam e-mail or other unsolicited communications of any kind whatsoever to other Platformusers or publishing the same on the Platformor anywhere else; and
(iii) defaming, stalking, harassing, abusing or contacting any Platformuser with a malicious intent or using the details of any Platformuser for any purpose not expressly permitted under these Terms.
5.3. It is hereby expressly clarified that any of the aforesaid acts undertaken by you shall be to your sole liability, responsibility, risk and consequences and you hereby agree to indemnify us for the same.
5.4. You agree to take all necessary precautions in all interactions with other Platformusers when you communicate with them whether through the Platformor off the Platformor meet in person.
6. Account Security
You shall be solely responsible and liable for maintaining the utmost privacy and confidentiality of your Platformlog-in (username and password) details as well as for any and all activities that occur under your log-in. You agree to immediately notify us of any disclosure or unauthorized use of your log-in or any other breach of security email@example.com ensure that you log-out from your account at the end of each session.
7. Proprietary Rights
7.1. You confirm and agree that we are the owner of the proprietary information made available to you through the Platform and hereby retain all proprietary and intellectual property rights in the same, including but not limited to all confidential information.
7.2. You undertake not to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way, and whether partly or fully, any (i) confidential or proprietary information, or (ii) copyrighted or copyrightable material, trademarks, service marks or other proprietary information accessible via the Platformwithout first obtaining our prior written consent.
7.3. Other Platformusers may upload/publish/post any copyrighted information, which may have copyright protection or not or which may be identified as copyright. You undertake not to copy, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information in any way and for any purpose whatsoever.
7.4. By posting information or content to any profile pages or public area of the Platform, or making it accessible to us by linking your account to any social network accounts (e.g. via Facebook, Twitter, Instagram etc.), you grant us unconditionally and in perpetuity, and represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, fully-paid/royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing anywhere in the world. From time to time, we may modify, add or vary existing features or programs of the Platformor create, add, test or implement new features or programs on the Platformin which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, you grant us an unconditional and perpetual right and consent to the terms and conditions (if any) of such features or programs which will be in addition to these Terms.
8. User Information
8.2. It is hereby expressly agreed and understood by you that for exchanging personal contact information of yours with any other Platformuser, you shall have the choice to opt into the exchange. Upon choosing to opt in/turn on, you shall be solely responsible and liable for any and all risks and consequences thereof and you hereby agree to indemnify us for the same.
8.3. Notwithstanding any other provisions of these Terms, we reserve the right to disclose any information that you submit to us, if in our sole opinion, we reasonably believe that such disclosure is required to be disclosed (i) for complying with applicable laws, requests or orders from law enforcement agencies, appropriate authorities (such as without limitation, child protection agencies, court officials and the like) or for any legal process; (ii) for enforcing these Terms; (iii) for protecting or defending ours, any Platform user or any third party’s rights or property; or (iv) for supporting any fraud/ legal investigation/verification checks; or (v) in connection with a corporate transaction, including but not limited to sale of our business, merger, consolidation, or in the unlikely event of bankruptcy.You acknowledge and understand the provisions of this Clause 8.3 and grant us an unconditional, perpetual right and permission to make such disclosure.
8.4. By using the Platform, you hereby permit us to use the information you provide us, including your experiences to facilitate us to improve the Platformand its functionality as well as for promotional purposes, including the permission to publish your non-personal information in any of our partner websites.
9. Prohibited Activities
We reserve the right to investigate, suspend and/or terminate, whether temporarily or permanently, your Platformaccount with us if you undertake any of the following acts:
(ii) abuse, impersonate or defame us or any Platformuser or any other person, entity or any religious community;
(iii) use the Platformfor any commercial use or activity, including for any unlawful activity, not expressly permitted as per Clause 5 of these Terms;
(iv) make any statements, whether expressed or implied, and whether privately or publicly, as those endorsed by us without our specific prior written consent;
(v) use the Platformin an illegal manner or commit an illegal or unlawful act or use the Platform in any manner not expressly authorized by us;
(vi) undertake, ask, solicit or use Platformusers to conceal the identity, source, or destination of any illegally gained money, services or products;
(vii) use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, ‘data mine’, or in any way reproduce or circumvent the navigational structure or presentation of the Platform;
(viii) collect any personal information, including contact details, of any Platformusers by forcing any Platform user by electronic or any other means and for any purpose, not expressly permitted under these Terms;
(ix) send any unsolicited email or any other communication to any Platform user in any way whatsoever not expressly permitted under these Terms;
(x) undertake any unauthorized framing of or linking to the Platformor “frame” or “mirror” any part of the Platform, without our prior written authorization;
(xi) interfere with, obstruct, destroy or disrupt the Platformor the servers or networks connected to the Platform, whether partly or fully and whether permanently or temporarily;
(xii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Platform(either directly or indirectly through use of any third party software);
(xiii) use meta tags, code, programs or other devices, tools or technology containing any reference to us or the Platform(or any trademark, trade name, service mark, logo or slogan of ours) to direct any person to any other Platformor application for any purpose;
(xiv) directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform; or
(xv) post, use, transmit or distribute, directly or indirectly, in any manner or media any content (whether textual, graphical, images, audio, video, audio-video or any combination thereof) or information obtained from the Platformother than solely in connection with your use of the Platformin accordance with these Terms.
10. Content Posted By You
10.1. You are solely responsible for any and all content or information that you post, upload, share, publish, link to, transmit, record, display or otherwise make available (hereinafter collectively referred to as “publish”) on the Platformor transmit to other Platformusers, including text messages, chat, audio, video, photographs, images, graphics or any combination thereof, whether publicly published or privately transmitted (hereinaftercollectively referred to as “Content”).
10.2. We do not verify or validate the completeness, accuracy or truth of any Content you publish on or through the Platform. We are not the publisher of the Content and only provide you with a technology platform to facilitate you to publish such Content. Further, we are merely acting as an “intermediary” as per the Information Technology Act, 2000 and rules (Information Technology (Intermediaries Guidelines) Rules, 2011) made thereunder and as may be amended from time to time as regards such Content. We assume no responsibility or liability of any sort whatsoever for providing a technology platform to our Platform users to facilitate them to publish their Content. To protect the integrity of thePlatform, we reserve the right to exercise editorial control over your Content, including the right to block any Platform user from accessing the Platform, whether temporarily or permanently.
10.3. You shall not publish to us or to any other Platformuser (either on or off the Platform), any offensive, inaccurate, incomplete, inappropriate, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material or content that infringes or violates ours or any person’s rights (including intellectual property rights, and rights of privacy and publicity).
10.4. You represent and warrant that (i) all information and Content that you submit upon creation of your Platformaccount, including information submitted from any permissible linked third party account, is accurate, complete and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to publish the Content on the Platformand grant the licenses as agreed in these Terms.
10.5. You understand and agree that we have the right but not the obligationto monitor or review any Content you publish on the Platform. We may delete any Content, in whole or in part, that in our sole judgment violates these Terms or may harm the reputation of the Platformor ours or other Platform users.
10.6. By publishing Content on the Platform, you automatically grant us and to our affiliates, licensees, successors and assigns, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up/royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any publishing and use of your Content by us will not infringe or violate the rights of any third party.
10.7. You shall not publish or otherwise make available Content that:
(i) promotes racism, bigotry, hatred or physical harm or injury of any kind against any religion, group, community or individual;
(ii) advocates harassment or intimidation of another person;
(iii) requests money from, or is intended to otherwise defraud, other users of the Platform;
(iv) involves the transmission of “junk mail”, “chain letters,” or “spamming” or similar activities;
(v) is offensive, false, misleading, untrue, unlawful, illegal, defamatory, harassing, disparaging, obscene, sexually explicit, blasphemous, scandalous, libelous, threatening, abusive, hateful, harmful, bigoted, racially offensive, invasive of privacy right of any person, or otherwise objectionable or inappropriate;
(vi) belongs to another person and to which you are already aware that the same does not belong to you or that you do not have any right to the same;
(vii) directly or indirectly deals with child pornography;
(viii) is an illegal or unauthorized copy of another person’s copyrighted work;
(ix) contains video, audio, photographs or images of any person without his or her permission (or in the case of a minor, the minor’s legal guardian);
(i) contains unauthorised, restricted or password only access pages or hidden pages or images;
(xi) provides material or any content that exploits people in a sexual, violent, obscene or other illegal manner, or solicits personal information from anyone for any purpose not expressly permitted hereunder;
(xii) provides information about illegal activities prohibited by applicable laws;
(xiii) contains or disseminates viruses, time bombs, trojan horses, worms or other harmful or disruptive codes, components or devices;
(xiv) impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
(xv) provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
(xvi) disrupts the normal flow of communication between Platformusers or otherwise negatively affects a users’ ability to engage in real time communication through the Platform;
(xvii) solicits passwords or personal identifiable information for commercial, unauthorised or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;
(xviii) contains any advertising or commercial messages not expressly permitted under these Terms;
(xix) infringes upon or violates any third party’s right to privacy, including any intellectual property rights;
(xx) hinders the Platformfunctionality in any way or interferes or affects other Platformusers’ use and enjoyment of the Platform; or
(xxi) violates any applicable law for the time being in force.
We reserve the right, in our sole discretion, to investigate and take any legal action against anyone who violates this Clause 10.7, including deleting or removing the offending Content from the Platformand/or terminating or suspending the Platformaccount of such violating user. Whilst we reserve our right to delete or remove such Content, we do not guarantee that such offensive Content will be removed or deleted. Failure by us to remove or delete such Content does not waive our right to remove or delete the same in subsequent or similar cases.
10.9. We assume no responsibility or liability for any deletion of or failure to store any of your Content.
11. Modifications to the Platform
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Platform(or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform. Any access or usage by you of the Platformshall imply that you have accepted any new or modified Terms. Please re-visit these Terms from time to time to stay abreast of any changes that we may introduce.
12. Disclaimer of Warranty
12.1. Our Platform provides access to educational content, products, services and related materials. Granting of access to the Platform is not an endorsement or a substitution to the curriculum based education provided by the educational schools and/or institutions but is intended to supplement the same in a manner enabling ease of understanding. Subscription or usage of the Platform does not in any manner guarantee admission to any educational school or institution or passing of any exams or achievement of any specified percentage of marks or grade in any examinations. There are various means of delivering curriculum pedagogy and inclusion of any specific methods in the Platform does not imply endorsement of any particular method nor any exclusion implies its disapproval.
12.2. To the maximum extent permitted by applicable law, we have provided the Platformon an “AS IS” and “AS AVAILABLE” and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect statutory or otherwise with respect to the Platformor any part thereof (including all content contained therein), including any implied warranties of correctness, validity, accuracy, completeness, appropriateness, fitness, compatibility for a particular purpose or outcome or non-infringement. We do not warrant that the use of the Platformwill always be secured, uninterrupted, available, error-free or will meet your requirements or expectations, or that any defects in the Platformwill be corrected or result in the desired results. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the Platformat all times and the results of the use of thePlatform.
12.3. While we have made efforts to train our personnel, we make no warranty or representation, whether express or implied, regarding the quality and competence of such personnel and would not be responsible for any behaviour of any such personnel. Any feedback from your end relating to the same should be sent to us at firstname.lastname@example.org we reserve our right and discretion to take any action in this regard.
12.4. Opinions, advice, statements, offers, or other information or content made available through thePlatform, directlyor indirectly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not (i) guarantee the accuracy, completeness or usefulness of any information provided on thePlatform, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us.
12.5. From time to time, we may offer new features or tools which our Platformusers may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. The provisions of this Disclaimer of Warranty section shall apply with full force to such features and tools.
12.6. The Platform may be compatible only with certain devices/systems/hardware. We shall not be liable if you are unable to access the Platform if your device/system/hardware is incompatible. We reserve our right to upgrade our systems/hardware and type of compatible devices as may be required from time to time.
12.7. We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of thePlatform.
13. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, liquidated, punitive arising out of or relating to the use or inability to use the Platform, recommendation of thePlatform, conduct of any Platformuser or anyone else in connection with the use of the Platform, including without limitation, death, bodily injury, harassment, emotional distress, financial loss and/or any other damages resulting from communications or meetings with other users of the Platform, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if we know or have been advised of the possibility of such damages.
You agree to indemnify, defend and hold us harmless, as well as our partner websites and affiliates, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Platform, including but not limited to (i) any violation by you of these Terms, or (ii) any action arising from the Content that you publish on the Platformor using the Platformthat infringes any proprietary or intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party, or (iii) any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will co-operate fully in asserting any available defenses in such case.
15. Third Party Content
15.1. Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through the Platform by third parties (“Third Party Content”) are solely those of their respective providers and not ours and we do not guarantee the accuracy, completeness, reliability or usefulness of such Third Party Content. It is the responsibility of the Platform user to evaluate Third Party Content and we shall not be liable for any damage or loss caused any Platform user’s reliance on or other use of Third Party Content.
15.2. The content available on the Platform may include content such as text, audio, video and/or images available in the public domain which qualifies as “Fair Use” under copyright law. All such public domain content shown or represented in the Platform is the property of and protected by copyright and/or are trademarks of their respective owners/authors.
15.3. Certain links, including hypertext links, in the Platform will take you outside of the Platform. Such links are provided for your convenience and inclusion of any such link does not imply endorsement or approval by us of any linked site, its owner/operator or its content. We are not responsible for any content of any such site outside the Platform.
16.1. We may check user profiles strictly for verifying accuracy of profile information and any unsuitable, objectionable or inappropriate content. However, we may not be able to verify the identity of all Platformusers or the accuracy of their content, nor can we guarantee that we will be able to identify all unsuitable, objectionable or inappropriate content. Please do not take any user content as fully accurate and/or complete. We will not be liable or responsible for any false and misleading content and information given by any Platform user. If you have any concerns over any Platform use or any content published on the Platform, please write to us at email@example.com the details thereof.
16.2. You hereby acknowledge and agree that you shall ensure that at all times your interaction with other Platformusers will always be lawful and appropriate and that you alone shall be responsible for all consequences thereof.
17.1. Entire Agreement: These Terms constitutes the entire agreement between you and us regarding the subject matter hereof, and replaces and supersedes any and all prior agreements/ understandings/ correspondences, whether written or oral, between you and us.
17.2. Amendment: We reserve the right to amend these Terms from time to time. Any such amendments will be applicable to all persons viewing/accessing/using the Platformonce the revisions have been posted onto the same. You should therefore check the Platformfrom time to time to review the current Terms as applicable to you.
17.3. Survival: Termination or suspension of your Platform account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.
17.4. Governing Law and Jurisdiction: These Terms shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce the same. The Parties irrevocably submit to the exclusive jurisdiction of any competent courts situated at Mumbai and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
17.5. No Assignment: These Terms are personal to you. You cannot assign your rights or obligations, whether partly or fully, to anyone.
17.6. Severability: If any provisions of these Terms are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.
17.7. Waiver: No waiver of any term, provision or condition of these Terms whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these Terms.
18. Contacting Us
Any feedback you provide to us with respect to the Platform and our services shall be deemed to be non-confidential and we shall be entitled to use the same on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of yours or of third parties; and (ii) we are not under any obligation of confidentiality with respect to your feedback.
Please contact us by email firstname.lastname@example.org any feedback, questions or comments regarding these Terms or pertaining to the Platform.
Last updated on: 19th May 2020