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Terms of Use 

1. Background  

  • This document is an electronic record in terms of: (i) Information Technology Act, 2000; (ii) the  rules framed there under as applicable; and (iii) 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 Information Technology Act,  2000 and the rules made thereunder that require publishing the rules and regulations, privacy  policy and terms of use for access or usage of our Platform EkoGalaxy.com (“Website”) and  the application [EkoGalaxy] (“Application”). For the purposes of this Terms of Use document,  Website and the Application shall be collectively referred to as “Platform”.  

  • The Platform is owned, registered and operated by “Modenrgy Technology Pvt Ltd”  (“Company”), a private limited company, incorporated under the provisions of the Companies  Act, 2013 and having its registered office at Unit No. 13/3 TTK road 2nd cross street, Alwarpet,  Chennai 600018  

  • “Company”, “We’, “Us”, Or “Our” Means Modenrgy Technology Private Limited And Any Other  Companies That Are Its Subsidiaries And Affiliates. 

  •  These terms of use (“Terms of Use”) read along with the Privacy Policy constitute a legal and  binding agreement between you and the Company and govern your use of the Platform and  Services (as defined below) provided through the Platform. By using or visiting the Platform, or  by using any content or information provided as part of the Platform/Services, you shall be  deemed to have read, understood and accepted to be bound by these Terms of Use.  For the purpose of these Terms of Use, wherever the context so requires “you“, “your”, or  “user” shall mean any natural or legal person who uses the Platform for availing the Services.  The term “we”, “us”, “our” shall mean the Company.  

  • The Website Shall Hereinafter Be Referred To As The “Platform”, Which Term Shall Include  Any And All Associated Firmware, Applications, Software, Websites, APIs, Products, And  Services That Are Connected To The Platform.  

  • We reserve the right to make changes to these Terms of Use at any time. Any such  modifications will become effective immediately upon posting to the Platform and your  continued use of the Platform, and/or the Services constitutes your agreement to such  modifications. you agree to periodically review the current version of these Terms of Use as  posted on the Platform.  

  • In order to access or use the Platform, you must be “competent” to contract, as understood  within the meaning of the Indian Contract Act, 1872. You may not use our Services if you are a  minor. By agreeing to use our Services, you confirm that you are not a minor and are  competent to contract as understood within the meaning of the Indian Contract Act, 1872. We  shall not be responsible for any consequence that arises as a result of misuse of any kind of  our Services that may occur by virtue of any user including a minor using the Services  provided. By using the Services, we reserve the right to terminate your subscription and /or  refuse to provide you with access to the Services if it is discovered that the consent to use the  products or Services is not made by you, or if we find out that you are a minor, or any  information provided by you is inaccurate. You may not access or use the Platform and/or the  Services if we have previously banned you from the Platform or deactivated your account.  

2. Newsletter 

  • The Platform also gives you the option of subscribing to our newsletter. In order to do  subscribe, you will be required to provide us with your e-mail ID. The manner in which we  collect, use, store or disclose your personal information and sensitive personal information  collected on the Platform,  

 

3. Products & Services  

  • The Platform is a content Learning ,distribution, marketing and advertising platform which  allows you to Learn, Skill, read and view stories, articles, images, Internship, Industry Connect  etc. (“Services”). EkoGalaxy reserves the right to add/remove any product and service at its  sole discretion or change the price charged for such offerings.  

4. Fraud and Improper Conduct  

  • You may only access the Platform for availing the Services that are offered by us. You are  solely responsible for the knowledge of and adherence to any and all laws, rules, and  regulations pertaining to your use of the Services. You agree that you will not in any way: interfere with the ability of others to access or use the Platform and the Services;  disrupt the normal flow of communication or otherwise act in a manner that adversely affects  other users’ ability to use the Platform or the Services;  claim a relationship with or to speak for any individual, business, association, institution, or  other organization for which you are not authorized to claim such a relationship;  interfere with or disrupt the Services or servers or networks connected to the Services, or  disobey any requirements, procedures, policies, or regulations of networks connected to the  Services; upload or post or use the Service to transfer, any content or other material that contains or  constitutes viruses, trojan or other code with malicious, disruptive and/or destructive features;  you shall not attempt to gain unauthorized access to any hardware or software system, or  networks associated with the Services, or obtain any services or information not intentionally  made available to you by us on or through the Services; and  you shall not attempt to gain unauthorized access to the account of any other user or entity, or  otherwise interfere with any other user’s or entity’s use of the Services. 

5. Eligibilty 

  • The Use Of The Services Is Available Only To Those Individuals Who Can Enter Into Legally  Binding Contracts Under Applicable Law. Additionally, You Cannot Access Or Use The  Services If You Are Barred From Receiving The Services Under Any Applicable Law Or Have  Previously Been Barred From Using The Services.  

  • Important Note To Children Under The Age Of 18 (Eighteen): If You Are Under The Age Of 18  (Eighteen) Years, You May Use The Services With The Prior Approval Of A Parent Or A Legal 

  • Guardian. If You Are Under 18 (Eighteen) Years Of Age (“Child User”) And Are Using The  Services Without A Parent Or Legal Guardian’s Consent, Please Immediately Stop Using The  Services Until One Of Your Parents Or Legal Guardian Approve And Consent To The Usage  Of The Services In Accordance With The User Terms And The Privacy Policy.Any User Of The  Platform Or The Platform Services Or, Where Applicable, Parents Or Legal Guardian Of A  Child User (When Such Usage Has Been Consented By A Parent Or Legal Guardian Of Such  Child User) Are Hereinafter, Collectively, Referred To As The “You”, “Yourself”, Or “User".

  • Important Note To Parents And Legal Guardians: If You Have The Ability To Enter Into A  Legally Binding Contract And You Register, Approve Or Consent To The Usage Of The  Services By A Child User, You Represent And Warrant That You Are Such Child User’s Parent  Or Legal Guardian And You Agree To Be Bound By These User Terms On Behalf Of Such  Child User, Including Without Limitation Being Liable For All Use Of The Services By The Child  User. Further, You Hereby Covenant That You Will Cause The Child User To Use The  Services Strictly In Accordance With The User Terms And The Privacy Policy And All Terms  Contained Herein Shall Be Enforceable Against You And You Shall Be Responsible For All  Losses Or Liabilities Incurred By The Company Due To Any Breach Of These User Terms By  The Child User. You Hereby Acknowledge That The Company May Choose, But Is Not  Obligated, To Make Any Inquiries, Either Directly Or Through Third Parties, That The Company  Deems Necessary To Validate Your Information And Status As Parent Or A Guardian, Unless  Required Under Applicable Law. NOTWITHSTANDING THE FOREGOING, YOU  ACKNOWLEDGE THAT THE COMPANY CANNOT GUARANTEE THE ACCURACY OF ANY  INFORMATION SUBMITTED BY ANY USER (INCLUDING A CHILD USER) AND THE  COMPANY IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING  ANY USER’S CLAIM TO BE A PARENT OR A LEGAL GUARDIAN, OR TO VERIFY THAT A  PARENT OR THE LEGAL GUARDIAN IDENTIFIED BY A CHILD USER DURING  REGISTRATION OR USAGE IS SUCH CHILD USER’S ACTUAL PARENT OR LEGAL  GUARDIAN. A USER ACCOUNT, ALONG WITH ALL ASSOCIATED CHILD USER  ACCOUNTS, IF ANY, MAY BE TERMINATED BY THE COMPANY AT ANY TIME AND  WITHOUT WARNING FOR ANY FAILURE TO ABIDE BY ANY OF THESE USER TERMS. 

6. Intellectual Property Rights  

  • All Information, Data, Copyright, Content, Material, Trademarks, Software, Text, Images,  Logos, Sounds, Graphics, Video, Script, Audio, Voice Notes, Audio-Visual Combinations,  Services Marks, Brand, Source Code, Domain, Know-How, Trade Names, And Trade Secrets  And Other Intellectual Property (In Each Case Whether Registrable Or Not), Contained In The  Platform (Including But Not Limited To Tests, Content Formats, Game Formats, Algorithms,  Characters, Curricula, Reports, Dashboards) Or Used In Connection With The Platform  Services, Shall Collectively Hereinafter Be Referred To As “Intellectual Property”  

  • EkoGalaxy respects the intellectual property rights of our Content Providers and other third  parties and expects our users to do the same when using the Services. We reserve the right to  suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly  charged with infringing the copyrights, trademarks, or other intellectual property rights of others.  If you believe in good faith that materials provided in the course of rendering the Services  infringe your copyright, you may send us a notice requesting that the material be removed or  access to it blocked. EkoGalaxy shall own the right, title and interest in and to all reviews,  Feedback and other User Content posted by you with respect to the Services, and all derivative  works based upon the said content. To the extent applicable, EkoGalaxy shall be deemed to be  the “author” of all such derivative works, under Section 17(c) of the Indian Copyright Act, 1957  and any other applicable copyright law. Please note that by accepting these terms, you waive  any and all moral rights in and to such derivative works, and assign to EkoGalaxy all rights, title  and interest that you may have or may hereafter acquire in all such derivative works, including  all intellectual property rights therein. At EkoGalaxy’ expense, you shall execute all documents  and take all actions necessary for EkoGalaxy to document, obtain, maintain or assign its rights  to such derivative works. All such materials will be deemed to be the confidential, proprietary  and trade secret information of EkoGalaxy  

Copyright 

  • All content included on the Platform and delivered to Users as part of the Services, including  but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads,  data compilations, code, and software used on or incorporated into the Platform, is the property  of the Company, unless expressly provided otherwise, and is protected by Applicable Law. The  compilation of all content on this Platform is the exclusive property of the Company. You agree  not to decompile, reverse engineer or disassemble any content accessible through the  Platform, not to insert any code or product or manipulate the content of the Platform in any way  that affects a user’s experience, and not to use any data mining, data gathering or extraction  method. We reserve the right to terminate our engagement if we, in our sole and absolute  discretion, believe that you are in violation of this clause.  

  • The Company’s content available on or via the Platform, are provided to you as is for your  information and personal use only and may not be used, copied, reproduced, distributed,  transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes  whatsoever without the prior written consent of the Company. We reserve all rights, not  expressly granted in and to the Platform. 

Trademarks  

  • EkoGalaxy.com is the registered domain of the Company. The Platform, including, but not  limited to its text, graphics, logos, the name ‘EkoGalaxy’, button icons, images, scripts and  service names constitute trademarks/trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used in connection with any product or  service that is not affiliated with the Company in any manner that is likely to (a) cause  confusion among users or potential users; or (b) dilute the rights of the Company; or (c) to  disparage or discredit the Company.  

Warranty for your submission to the Platform 

  •  All Services And Content Provided By The Company On The Platform (Including Classes,  Recorded Content, Reading And Instructional Material, Tools, Reports, Information, Market  Place Offerings, Blogs, Videos, Assessments, Consultations) Are Hereinafter, Collectively Referred To As The “Platform Services”. This List Is Exhaustive And Services May Vary As Per  The Courses You Have Opted For And Any Promotions In Force.As between you and the  Company, you own the information you provide to the Company, and you may request its  deletion at any time. Any information you submit to us is at your own risk. By providing  information to us, you represent and warrant that you are entitled to submit such information  and the same is not confidential and not in violation of any law, contractual restrictions or other  third-party rights (including any intellectual property rights). Your Information May Be  Transferred To, And Maintained On, Computers Located Outside Of Your State, Province,  Country Or Other Governmental Jurisdiction Where The Data Protection Laws May Differ From  Those From Your Jurisdiction. If You Are Located Outside India And Choose To Provide  Information To Us, Please Note That We May Transfer The Data To India To Process The  Information. Your Consent To This Privacy Policy Followed By Your Submission Of Such  Information Represents Your Agreement To That Transfer. We Will Take All Steps Reasonably  Necessary To Ensure That Your Data Is Treated Securely And In Accordance With This  Privacy Policy And No Transfer Of Your Data Will Take Place To An Organization Or A Country  Unless There Are Adequate Controls In Place Including The Security Of Your Data.  

  • License Provided to You Subject to these Terms and our policies (including the Copyright and  Trademark Policy, and course-specific eligibility requirements, and other terms), we grant you a  limited, personal, non-exclusive, non-transferable, and revocable license to use our Services.  You may download content from EkoGalaxy Platform only for your personal, non-commercial  use. Please note that the content available on EkoGalaxy Platform should not be downloaded  or used for any other purposes. You also agree that you will create, access, and/or use only  one user account unless expressly permitted by us, and you will not share with any third party,  access to your account. Please note that our Services does not give you ownership of any  intellectual property rights in our Services or the content you access on EkoGalaxy Platform.  Content Offerings Changes to Content Offerings EkoGalaxy offer courses and content  ("Content Offerings") from content providers ("Content Providers"). While we seek to provide  quality Content Offerings from our Content Providers, unexpected events may happen.  EkoGalaxy reserves the right to cancel, interrupt, reschedule, or modify any Content Offerings.  Content Offerings are subject to the Disclaimers and Limitation of Liability sections mentioned  below. EkoGalaxy Content Providers have no obligation to have Content Offerings recognized  by or affiliated to any educational institution or accreditation organization. Your Content User  Content EkoGalaxy Platform enables you to share your content, such as projects, assignments  you submit, posts you make in the forums, and the like ("User Content"), with EkoGalaxy, the  Content Providers, and/or other users. User Content does not include the Content Offerings or any other material made available on or placed on to the EkoGalaxy Platform by EkoGalaxy  Content Providers. Such Content Offerings are governed by the relevant agreements signed  between EkoGalaxy and its Content Providers. How EkoGalaxy and Others May Use User  Content To the extent that you provide User Content, EkoGalaxy shall have a fully-transferable,  perpetual, sub-licensable, exclusive, worldwide license to copy, distribute, modify, create  derivative works based on, publicly perform, publicly display, and otherwise use the User  Content. (Please refer to the Copyright and Trademark Policy) EkoGalaxy shall also have the  right to authorize Content Providers to use User Content, included but not limited to video  recordings of meeting sessions, assignments, with their Users registered on EkoGalaxy  Platform. Nothing in these Terms shall restrict other legal rights EkoGalaxy may have to User  Content, for example under other licenses. We reserve the right to remove or modify User  Content for any reason including but not limited to User Content that we believe violates these  Terms.  

6. Linked Sites  

  • As part of the advertising and marketing services offered the Company, the Platform may  contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of  Platform and/or the Company. We are not responsible for the content of any Linked Site, or any  changes or updates to the Linked Site. 

  • We do not intend the Linked Sites to be referrals to, endorsements of, or affiliations with linked  entities.  

  • On accessing the Linked Sites, you shall be governed by the terms of use, privacy policy and  any other additional policies of the Linked Sites. You further acknowledge and agree that the  Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused  or alleged to be caused by or in connection with the use of any such content, advertising,  products, services or other materials available on or through any Linked Sites or for any errors,  defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic  material, or any profanity contained therein  

7. User Feedback/Comments/Suggestions 

  • We encourage Users to submit/ post/ share their comments/ suggestions/ opinions/ feedback  etc. (“User Feedback”) with us.  

The User agrees and acknowledges that:  

  1. The User Feedback does not contain any confidential information or is not in violation of any  third party right including intellectual property rights;  

  2. The User Feedback shall not be unlawful, obscene, defamatory, libellous, threatening,  pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate  as under Applicable Law;  

  • We are not under any obligation of confidentiality, express or implied, regarding the User  Feedback;  

  • We reserve the right to use or disclose such User Feedback for any purpose, in any way, as we  deem fit; and We are not obligated to review the User Feedback.  

  • We reserve the right to reject, remove, delete or edit such User Feedback, at any time, without  any reason, without providing any notice.  

  • Occasionally, Users may express themselves in a way that undermines the integrity of the  review system. If a review is flagged, it will only be removed if it clearly falls into one the  following categories. 

  • Reviews unrelated to the student’s learning experience with the instructor 

Examples of reviews EkoGalaxy WILL remove:  

  • I took a different course on this topic that I recommend very highly.  

  • Reviews deemed obscene, profane, threatening, or hate speech.  

  • Derogatory & abusive content  

Examples of reviews EkoGalaxy will NOT remove:  

  • I can’t use the downloadable resources.  

  • The audio is so distorted I can’t hear the instructor.  

  • This course is not made to be watchable on mobile.  

  • Modules don’t play (reproducible problem with original file)  

  • I can’t understand Voiceover accent  

  • Examples of reviews EkoGalaxy WILL remove:  

  • The video playback is choppy (due to EkoGalaxy/internet speeds)  

  • The product is expensive, you should use this (free)  

  • The captions are poor quality.  

  • I can never understand courses from people of this background.  

  • Module is bullsh*t  

  • Topic Represented/referred in a competing course  

8. Limitation and Disclaimer of Warranty 

  • The Platform, the Services and each portion thereof are provided “as is” without warranties of  any kind either express or implied. To the fullest extent possible pursuant to Applicable Laws of  India, we disclaim all warranties, express or implied, with respect to the Platform, the Services  and each portion thereof, including, but not limited to, implied warranties of merchantability,  fitness for a particular purpose, non-infringement or other violation of rights. For the purpose of  this Terms of Use, “Applicable Law” shall mean, any statute, law, regulation, ordinance, rule,  judgment, notification, rule of common law, order, decree, bye-law, government approval,  directive, guideline, requirement or other governmental restriction, or any similar form of  decision of, or determination by, or any interpretation, policy or administration, having the force  of law of any of the foregoing, by any authority in India having jurisdiction over the matter in  question, whether in effect as of the date of these Terms of Use or thereafter. 

  • We hereby disclaim any guarantees of exactness as to the finish and appearance of the final  Product as ordered by the Users, as quality of imagery cannot be taken a final representation.  The quality of any Products, Services, information, or other material purchased or obtained by  you through the Platform will be as per our standards. 

  • We do not warrant or make any representations regarding the use, validity, accuracy, or  reliability of, or the results of the use of, or otherwise with respect to, the Platform or its  Services. We only provide a platform that facilitates the purchase and sale of the Products and  do not manufacture or produce the Products displayed on the Platform.  

  • Under no circumstances, including, but not limited to, negligence, shall we be liable for any  direct, indirect, special, incidental or consequential damages, including, but not limited to, loss  of data or profit, arising out of the use, or the inability to use, the Platform, the Services or any  portion thereof, by any person, including employees and contracted personnel of the Company.  

  • Under no circumstances, shall the Company be liable for any direct, indirect, special, incidental  or consequential loss or damages arising due to gross negligence or wilful misconduct of any  third party service providers (example: payment gateway service providers, logistics service  providers, Vendors etc.) empanelled by the Company for the purposes of rendering its  Services.  

  • If you are dissatisfied or harmed by this Platform or anything related the Platform, you may  terminate these Terms of Use in accordance with Clause 10 below. 

  • The Company does not guarantee that the Platform will function without interruption or errors in  functioning. In particular, the operation of Platform may be interrupted due to maintenance  updates, or system or network failures. In the event of interruption in accessing the Platform  due to the above-mentioned reasons, we shall inform the User of the same, and we disclaim all  liability with respect to delay in provision of Services due to the same.  

  • Limitation of Liability To the maximum extent permitted by law, EkoGalaxy and the Associated  Parties shall not be liable for any indirect, incidental, special, consequential, or punitive  damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss  of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or  inability to access or use the Services; (b) any conduct or content of any party other than  EkoGalaxy and the applicable Associated Party, including without limitation, any defamatory,  offensive, or illegal conduct; or (c) unauthorized access, use, or alteration of your content or  information. You acknowledge and agree that the disclaimers and the limitations of liability set  forth in these Terms reflect a reasonable and fair allocation of risk between you and EkoGalaxy  and the Associated Parties and that these limitations are an essential basis to EkoGalaxy’  ability to make the Services available to you on an economically feasible basis. You agree that  any cause of action related to the Services shall be permanently barred unless it commences  within one (1) year after the cause of action accrues.  

9. Indemnification 

  • You agree to indemnify, defend and hold harmless the Company, and our affiliates, officers,  partners, employees, consultants and representatives, from and against all losses, expenses,  damages, costs, claims and demands, including reasonable attorney’s fees and related costs  and expenses, due to or arising out of: (a) your failure to comply with these Terms of Use; or  (b) where any information you submit, email, or otherwise transmit to us violates third party  rights or Applicable Laws. We reserve the right, at our own expense, to assume the exclusive  defence and control of any matter otherwise subject to indemnification by you, and in such  case, you agree to fully cooperate with such defence and in asserting any available defences.    

 

10. Termination  

  • We may terminate these Terms of Use immediately without notice in the event of any breach  by you of these Terms of Use or any of our applicable policies, as posted on the Platform from  time to time or upon a misuse of the Services by you.  

  • You may terminate these Terms of Use, for any or no reason, at any point. You acknowledge  that for Products or Services already availed by you (prior to the termination), these Terms of  Use will continue to apply.  

  • In the event of any termination or expiration of these Terms of Use, the following sections of  these Terms of Use shall survive: all provisions regarding ownership of intellectual property,  indemnification, disclaimer of warranties and limitations of liability, fraud or abuse, and the  provisions of this section.  

  • You agree that upon the termination of these Terms of Use, we may delete all information  related to you with respect to the Services availed by you. 

11. Severability  

  • If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to  Applicable Laws of India, 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 of Use shall continue in effect. 

 

12. General  

  • Unless otherwise specified herein, these Terms of Use constitute the entire agreement  between you and the Company in respect of the Products and Services and supersedes all  previous written and oral agreements between you and the Company, if any. The Company’s  failure to act with respect to a breach by you or others does not waive its right to act with  respect to subsequent or similar breaches.  

 

13. Governing Law and Dispute Resolution 

  •  These Terms of Use shall be governed by and constructed in accordance with the laws of India  without reference to conflict of laws principles. The courts in Chennai, India shall have the  exclusive jurisdiction to determine any disputes arising in relation to, or under these Terms of  Use. 

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