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2019 Flurosis Communication

Terms of Use

Thank you for using Odito!
Odito's products and services are provided by Flurosis Communication Pvt. Ltd. These Terms of Use ("Terms") govern your use of Odito's website, apps, and other products and services ("Services"). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms. Any User who does not agree with any provisions of this Privacy Policy and the Terms of Service is required to leave the Website immediately. Should you disagree with policy and still continue to access the Website and provide your personal information, Odito disclaim all the liabilities arising therefrom.

Applicability

This terms and conditions and privacy policy applies to all Users who access the Website or use the “Services” and are therefore required to read and understand the privacy policy before submitting any Personal Information. If you have inadvertently submitted any such information to Odito prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, stored or used, then you may access, modify and delete all information stored about You by writing to us at admin@odito.in . Odito is keeping personal data of the User, and every User is also entitled to require Odito to delete and destroy all such information (but not that of other Users). This privacy policy applies to Website and services that are owned and operated by Odito. Odito does not exercise control over the sites displayed as search results or links from within its Services. Third party websites may place their own cookies or other files on the Users' computer, collect data or solicit personal information from the Users, for which Odito is not responsible or liable. Accordingly, Odito does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does Odito guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by Odito of the website, the website's provider, or the information on the website. Odito encourages the User to read the privacy policies of that Website. Odito has taken all reasonable precautions to treat Personal Information as confidential with industry standards that it has implemented to protect from unauthorized access, improper use or disclosure, modification and unlawful destruction or accidental loss of the Personal Information.

Using Odito’s Services
Who May Use our Services

You may use our Services only if you can form a binding contract with Odito through yourself or through your Natural Guardian, and only in compliance with these Terms and all applicable laws. When you create your Odito account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain courses / Job Offers may have additional requirements and/or restrictions.
Our License to You
Subject to these Terms and our policies (including the Acceptable Use 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 our Services only for your personal, non-commercial use, unless you obtain Odito's written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

Our Courses
Course Modifications

While we take pride in our association with world-class institutions and courses, unexpected events do occur. Odito reserves the right to cancel, interrupt, or reschedule any course or to modify any course content or the point value or weight of any assignment, quiz, or other assessment. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.

No Academic Credit

Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of a course does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a course unless you have earned a Course Certificate for that course.

Disclaimer of Student-University Relationship

Nothing in these Terms or otherwise with respect to your participation in any course: (a) establishes any relationship between you and any educational institution with which Odito may be registered; (b) enrolls or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the chosen course.

Your Content
User Content

The Services enable you to share your content, such as homework, quizzes, exams, projects, and other assignments you submit, posts you make in the forums, and the like ("User Content"), with Odito, Professors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share. The user shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable. Odito may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

How Odito and Others May Use User Content

To the extent that you provide User Content, you grant Odito a fully-transferable, royalty-free, perpetual, sub licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Odito the right to authorize participating institutions to use User Content with their registered students and on-campus learners independent of the Services. Nothing in these Terms shall restrict other legal rights Odito may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Odito does not waive any rights to use similar or related Feedback previously known to Odito, developed by its employees or contractors, or obtained from other sources. Odito may at any time, without prior notice and in its sole discretion, remove such Feedback and/or terminate a user's account for submitting any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable in violation of these Terms of Service. You further grant Odito all the rights as regards the usage, advertise such feedback as submitted by you regarding the service and shall not reserve any right upon the usage of such feedback as submitted by you.

Security

We care about the security of our users. While we work to protect the security of your account and related information, Odito cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing care@odito.in

Exceptions

Your Personal Information may be shared with third parties who have a need or authority to receive such information, if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to comply with (i) in response to any authority having to receive such information under law (ii) any order of court (iii) detect, prevent, or otherwise address fraud, security or technical issues (iv) protect against harm to the rights, property or safety of Odito, our users or the public as required or permitted by law.

Third Party Content

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Odito cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Odito disclaims any responsibility or liability related to your access or use of such third party content.

Copyright and Trademark Policy

Odito respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Odito Copyright and Trademark Policy in accordance with applicable law, including the Copyright Act.

Paid Services

Odito offers paid Services (e.g., online Lectures and Tutors for certain courses) for a fee. Unless otherwise stated, all fees are quoted in Indian Rupees. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Odito reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Odito may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. None of Odito, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the " Odito Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.

Disclaimers

The services and all included content are provided on an "As is" basis without warranty of any kind, whether express or implied. The odito parties specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. The odito parties further disclaim any and all liability related to your access or use of the services or any related content. You acknowledge and agree that any access to or use of the services or such content is at your own risk.

Limitation of Liability

To the maximum extent permitted by law, the odito 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 the applicable odito party, including without limitation, any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or alteration of your content or information. In no event shall odito's aggregate liability for all claims related to the services exceed ten percent of the total amount of fees received by odito from you for the use of paid services during the past six months. Odito further agrees and confirms that incase you wish to remove yourself from the admission within two months so granted by any odito institution / course, then odito agrees and confirms to refund the entire fee so paid after necessary deductions. You acknowledge and agree that the disclaimers and the limitations of liability set forth in this terms of use reflect a reasonable and fair allocation of risk between you and the odito parties, and that these limitations are an essential basis to odito's ability to make the services available to you on an economically feasible basis. You agree that any cause of action related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. You acknowledge that odito is a mere intermiadiary and will not be liable on account of any inaccuracy of information by the institutions registered with odito. It is the responsibility of the applicant to further research the information on the site. Any breach of privacy or of the information provided by the registered institutions to odito to be placed in the website by technical or any other means is not the responsibility of odito. Odito does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on the odito website or any of its other websites / domains owned and operated by flurosis communications pvt. Ltd By accepting these terms and conditions, you agree to indemnify and otherwise hold harmless odito, its directors, officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the services obtained through odito.In including but not limited to information provided by you or any other matter relating to odito.

Indemnification

You agree to indemnify, defend, and hold harmless the Odito Parties from any and all claims, liabilities, expenses, and damages, including reasonable legal' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction

The Services are managed by Odito which is located in New Delhi and its registered institutions, which are located all over in India. You agree that any dispute related to these Terms will be governed by the laws of New Delhi, India, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in New Delhi as the legal forum for any such dispute. Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than One Lakh Rupees, either you or Odito may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, agreed upon by Odito. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. Flurosis Communications Pvt. Ltd. will not be party to any legal proceedings between a user (e.g. a subscriber) and a party contracted through the site. In case Flurosis Communications Pvt. Ltd. is implicated in any legal proceedings, costs will be recovered from the party that names Flurosis Communications Pvt. Ltd. Odito however will abide with any court order served on it through due process.

General Terms

Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability; Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Participating Institutions

Odito's participating institutions are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.

General Terms & Conditions for Online Payments.

Once a User has accepted these Terms and Conditions, he/ she / it may register and avail the Services. In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider's accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto. Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment,, check whether his/her/ its Bank Account has been debited or not and accordingly resort to one of the following options:
● In case the Bank Account appears to be debited, ensure that he/ she / it does not make the payment twice and immediately thereafter contact the Odito via e-mail or any other mode of contact as provided by the Institute to confirm payment.
● In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
● However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s). 4. The Odito and the Payment Service Provider(s) assume 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 Payment Gateway or Services in connection thereto; and/ or
● Any interruption or errors in the operation of the Payment Gateway. 5. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that the Institute or the Payment Service Provider(s) have no control over such matters. 6. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, the Odito does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet. 7. The Odito, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website. 8. The User will be required to login his/ her own User ID and Password, given by the Odito in order to register and/ or use the Services provided by Odito on the Website. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
● Choose a new password, whenever required for security reasons.
● Keep his/ her User ID & Password strictly confidential.
● Be responsible for any transactions made by User under such User ID and Password.
Debit/Credit Card, Bank Account Details 1. The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details. 2. The User may pay his/ her fees to the Odito by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
● The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
● The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
● The User is authorizing debit of the nominated card/ bank account for the payment of fees selected by such User along with the applicable Fees.
● The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.
Payment Gateway Disclaimer The Service is provided in order to facilitate access to view and pay Fees online. The Odito or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User. Cancellation Policy Once the User will be registered and paid the Fee through online Payment Gateway. He/She will not be able to cancel the transaction in any circumstances. No Payment will be refunded to the User. Payment Refund Policy for Online Payments Refund for Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach the Odito with his/ her claim details and claim refund from the Odito alone. Such refund (if any) shall be effected only by the Odito via payment gateway or any other means as the Odito deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained. Refund for fraudulent/duplicate transaction(s): The User shall directly contact the Odito for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by the Odito alone in line with their policies and rules.



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