Terms & Conditions

Last updated: 28th June, 2024

Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require anyphysical or digital signatures.

The Website https://www.edtex.in , hereinafter referred to as Website is owned by Winspire Educational Solutions Private Limited, a Company incorporated under the Companies Act, 2013 bearing CIN U74999TG2016PTC110546 and having its Registered Office atLIG-267, Nallagandla, S. Lingampally, Nalgonda, Hyderabad - 500019, Telangana, India (hereinafter referred to as “We”, “Us”, “Our”, "EDTEX or Edtex",“Company”).

Your use of the Website, its services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with EDTEX and these terms and conditions including the policies constitute your binding obligations, with EDTEX. The terms and conditions contained herein along with our Privacy Policy form an Agreement with you.  

When you use any of the servicesprovided by us through the Website, you will be subject to the rules,guidelines, policies, terms, and conditions applicable to such service, andthey shall be deemed to be incorporated into this Terms of Use and shall beconsidered as part and parcel of this Terms of Use. We reserve the right, atour sole discretion, to change, modify, add or remove portions of these Termsof Use or Services, at any time without any prior written notice to you. It isyour responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changeswill mean that you accept and agree to the revisions. As long as you complywith these Terms of Use, We grant you a personal, non-exclusive,non-transferable, limited privilege to enter and use the Website. You areadvised to read this Agreement carefully and if you are not agreeable to anyterms and conditions, you are suggested not use this service.

The use of this Website and anyrelated software Applications including, but not limited to, delivery ofinformation through the Website whether existing now or in the future isgoverned by this Terms of Use and any policy so mentioned by these Terms.Moving past home page or using any of the services shall be taken to mean thatyou have read and irrevocably agreed to be bound by all of these terms and anypolicies mentioned herein.

ACCESSING, BROWSING OR OTHERWISEUSING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONSUNDER THE SET TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFOREPROCEEDING. 

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Policies(including but not limited to Privacy Policy) as amended from time to time.

In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail.

DEFINITIONS

The following definitions apply tothe terms and conditions set out below that govern these terms of use -

1. “Website” means our Website www.edtex.in, and includes all technologies and intellectual property associated to the same.
2. “We”,“Us”, “Our”, “Edtex”, shall refer to Winspire Educational Solutions Private Limited, its employees, authorised agents and the persons that carry or undertake to carry the consignment hereunder or perform any other services incidental thereto on its behalf.
3. “You”,“Yours”, “User”, “Student” or “Institute” shall mean any person who has     agreed to avail the services provided by the Website.

USER(S) ELIGIBILITY

User(s) means who uses and has the right to use the Services provided by the Website. Our Services are available only to those users who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i. e. user(s)must be at least 18 years of age to be eligible to use our Services.

EDTEX advises its users that whileaccessing the Website, they must follow/abide by the related laws. Edtex is notresponsible for the possible consequences caused by your behavior during use ofthe Website. Further, EDTEX may, in its sole discretion, refuse the service toanyone at any time.

USER(S) AGREEMENT

This agreement applies to all User(s)who access the Website for any purpose. It also applies to any legal entitywhich may be represented by you under actual or apparent authority.

This agreement applies to all theServices offered on the Website, collectively with any additional terms andcondition that may be applicable to the specific service used/accessed by User(s).In the event of a conflict or inconsistency between any provision of the termsand conditions mentioned herein with those of the particular service, theprovisions of the terms and conditions applicable to such specific Servicesshall prevail.

TERM AND TERMINATION

This Agreement shall continue to bein full force and effect as long as you access and use the Website.

Either You or We may terminate theagreement at any time, with or without cause. However, We reserve the right, inour sole discretion, to terminate Your access to the services offered on the Websiteor any portion thereof at any time, without notice where,

1. Such User breaches any terms and conditions of the Agreement;
2. A third party reports violation of any of its right as a result of your use of the Services;
3. EDTEX is unable to verify or authenticate any information provided to EDTEX by a User;
4. EDTEX has reasonable grounds for suspecting any illegal, fraudulent or abusive     activity on part of such User; or
5. EDTEX believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for EDTEX or are contrary to the interests of the Website.

COMMUNICATIONS

By using the Contact Us Service provided on the Website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from Us at any time with the use of the contact information that has been provided by You for contacting You which is subject to the Privacy Policy. This consent to be contacted is for the request you have placed through the Contact Us Service. Incase you wish to stop being contacted by Us for the same, you may send us an e-mail to the effect

The sharing of the information provided by you will be governed by the Privacy Policy and We will not give outYour contact information to third parties not connected with the Website.

SERVICES OF EDTEX

EDTEX is engaged in rendering comprehensive and quality software services. Through the Website, We provideYou with the following services (“Services”):

a.     Requestfor a demo of all the products/ softwares sold by Us

b.    Detailed description of the products/softwares soldby Us

c.    Any other services that are made available on the Websitefrom time to time.  

These Terms of Use apply to thoseservices made available on the Website, which are offered to the Users.  

SECURITY

Transactions on the Website are secure and protected. Any information you enter when transacting with the Website is encrypted to protect you against unintentional disclosure to third parties.

USER OBLIGATIONS

You warrant, undertake and guarantee to us that:

a.     All the information which is provided to EDTEX will be complete and valid information and nothing will be mis-stated, withheld or false.

2. You are bound not to Cut, copy, distribute, modify, recreate, reverse  engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
3. You agree not to access (or attempt to access) the Website and/or the     materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content to us.
4. In places where this Website allows you to post or upload data/information,     You undertake to ensure that such material is not offensive and in accordance with applicable laws.
5. You     will not:some text
    
   1. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others
    
   2. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website)
    
   3. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity
    
   4. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.You may not reverse look-up, trace or seek to trace any information of any other user, of or visitor to the Website, including any Website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information,  including but not limited to personal identification information, other than Your own information, as provided for by the Website
    
   5. Disrupt or interfere with the security of, or otherwise cause harm to the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked apps
    
   6. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties
    
   7. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
    
   8. Violate any applicable laws or regulations for the time being in force within or outside India
    
   9. Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere
    
   10. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    
   11. Create liability for Us or cause us to lose (in whole or in part) the services of our internet Practitioners ("ISPs")      
    
   12. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, services related to that being displayed on the Website or related to us. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without      Our prior explicit consent.

We can (and You hereby expressly authorize Us to) disclose any information about You provided on the website to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

We shall have the right to remove oredit any content that in our sole discretion violates, or is alleged toviolate, any applicable law or either the spirit or letter of these Terms ofUse or for any other reason or no reason if we consider it to be objectionable,in violation of the Terms of Use or otherwise harmful to the Website or Users.Subject to the requirements of applicable law, we are not obligated to returnany of Your Content to you under any circumstances. Any review which isderogatory, defamatory or hateful and without any substantial evidence (e.g.,photograph or video) may be taken down at our sole discretion.

Notwithstanding this right, YOUREMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE.In no event shall We assume or have any responsibility or liability for any contentposted or for any claims, damages or losses resulting from use of contentand/or appearance of content on the Website. You hereby represent and warrantthat You have all necessary rights in and to all content which You provide andall information it contains and that such content shall not infringe anyproprietary or other rights of third parties or contain any libelous, tortuous,or otherwise unlawful information.

DATA PROTECTION

a.We respect your right to privacy in respect of any personal information provided to us for the purposes of availing ourServices. To see how we collect and use your personal information, please see our Privacy Policy available at the website.

b.The User, pursuant to the provisions of the Digital Personal Data Protection Act, 2023, provide his/her consent for use or processing of his/her personal information provided to us for the purpose of rendering the Services and such other purposes as detailed in ourPrivacy Policy.

INDEMNITY AND LIMITATIONS

You agree to defend, indemnify andhold harmless EDTEX, its directors, employees, officers, agents and theirsuccessors and assigns and against any and all claims, liabilities, damages,losses, costs and expenses, including attorney's fees, caused by or arising outof claims based upon the use of User's actions or inactions, including but notlimited to any warranties, representations or undertakings or in relation tothe non-fulfillment of any of your obligations under this Agreement or arisingout of the User's infringement of any applicable laws, regulations includingbut not limited to Intellectual Property Rights, payment of statutory dues andtaxes, claim of libel, defamation, violation of rights of privacy or publicityor loss of service by other User(s). This clause shall survive the expiry ortermination of this Agreement.

In no event shall we be liable toyou, or any third party for any special, incidental, indirect, consequential orpunitive damages whatsoever, including those resulting from loss of use, dataor profits, whether or not foreseeable or whether or not we have been advisedof the possibility of such damages, or based on any theory of liability,including breach of contract or warranty, negligence or other tortious action,or any other claim arising out of or in connection with your use of or accessto the Website, services or materials.

LIMITATION OF LIABILITY

IN NO EVENT SHALL EDTEX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

EDTEX’s liability for itself and for any of its or associate's, direct or indirect or consequential acts/ omissions/commissions be restricted to the Maximum extent of INR 1,000/-and nothing further.

INTELLECTUAL PROPERTY RIGHTS

1. Unless we have otherwise agreed, nothing herein gives the User a right to use any of the Website's trade names, trademarks, service marks, logos, domain     names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of this Agreement. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are a  property of EDTEX. Furthermore, with respect to the Website owned by EDTEX, EDTEX shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
2. You may not use any of our intellectual property in any manner that is likely     to cause confusion among users, or in any manner that disparages or     discredits us in any way.
3. You further acknowledge that the Website or Services may contain information     which is designated as confidential by us and that you shall not disclose     such information without our prior written consent.
4. We     do not warrant or represent that your use of any content or materials     displayed on the Website will not infringe rights of third parties not     affiliated with us. You agree to immediately notify us upon becoming aware     of any claim that any content on the Website or any Services infringe upon     any intellectual property of any party including but not limited to     copyright, trademark, or other contractual, statutory, or common law     rights.

DISCLAIMER OF WARRANTIES AND LIABILITIES

1. Except as otherwise expressly stated with respect to our services, all contents     of the Website are offered on an "as is" basis without any warranty whatsoever either express or implied.
2. All the content on this Website is for informational purposes only.
3. You agree and undertake that you are accessing the Website and transacting at your sole risk and that You are using your best and prudent judgment before     accessing or using any information on the Website.
4. EDTEX accepts no liability for any errors or omissions, whether on behalf of     itself or third parties.
5. We do not guarantee the functions contained in the Website will be     uninterrupted or error-free, that this Website or its server will be free of viruses or other harmful components, or defects will be corrected even if we are aware of them.
6. Any pictures of the products or any trademarks, copyright, design or other     intellectual property that may be displayed on the Website is purely for     the purpose of providing information to our Users.

Unless stated otherwise, allcontent, including any pictures displayed on the Website are believed to be inthe public domain as either promotional materials, publicity photos or pressmedia stock. Please email a request to remove any content by sending an emailto the Company, if you feel that your copyright or other intellectual propertyright has been infringed upon.

CONTENT AND SUBMISSIONS

We welcome your suggestions and comments regarding your experience using our Website. Any comments, ideas, suggestions, initiation, or any other content you contribute to EDTEX or this Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, non-exclusive right and license for EDTEX to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary.

THIRD PARTY CONTENT AND LINKS

1. Some of the content displayed on the Website may include content and/or links     to materials that belong to third parties, such as third-party services providers. Please note that your use of such third-party services will be governed by the terms of service and privacy policy applicable to the respective third party. We may obtain business addresses, phone numbers, and other contact information from third parties who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services and accept no responsibility for them or any loss or damage that may arise from your use of them. We do not screen or investigate third party material before or after including it on our Website. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that EDTEX is not responsible for the availability of any such external apps or resources, and does not endorse any     advertising, products or other materials on or available from such web apps or resources.
2. Third party content, does not reflect our views or that of our branches,     employees, officers, directors, or shareholders. In addition, none of the     content available through the Website is endorsed or certified by the     providers or licensors of such third-party content. We assume no     responsibility or liability for any third-party content. You further     acknowledge and agree that we are not liable for any loss or damage which     may be incurred by you as a result of the availability of those external     apps or resources, or as a result of any reliance placed by you on the     completeness, accuracy or existence of any advertising, products or other     materials on, or available from, such web apps or resources. Without     limiting the generality of the foregoing, we expressly disclaim any     liability for any offensive, defamatory, illegal, invasive, unfair, or     infringing content provided by third parties.

DISPUTE RESOLUTION AND JURISDICTION

The formation, interpretation and performance of this Agreement and any disputes arising out of it will be resolved through a two-step Alternate Dispute Resolution mechanism.

1. Mutual discussion. In case of a dispute, the matter will first be attempted to be resolved by a mutual discussion between the Parties. If the dispute is not resolved within 30 days of initiation of discussion, then the dispute will be     resolved by Arbitration.
2. Arbitration. In the case that mutual  discussion does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration proceedings shall be presided over by a Sole Arbitrator, to be appointed by EDTEX. The arbitration shall take place at     Hyderabad, Telangana, India and shall be conducted in English. The award     as the outcome of the arbitration is final and binding on both parties.

In the event of the disputeresolution mechanism failing, the matter shall be governed by the law, rulesand regulations of Hyderabad, Telangana, India. The exclusive jurisdiction andvenue for actions and disputes mentioned above shall be the courts located inHyderabad, Telangana, India, and you hereby submit to the personal jurisdictionof such courts.

MISCELLANEOUS PROVISIONS

1. Entire Agreement: This     Agreement is the complete and exclusive statement of the agreements     between you and us with respect to the subject matter hereof and     supersedes all other communications or representations or agreements     (whether oral, written or otherwise) relating thereto.
2. Waiver: The failure of either     party at any time to require performance of any provision of this     Agreement in no manner shall affect such party's right at a later time to     enforce the same. No waiver by either party of any breach of this     Agreement, 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 other such breach, or a waiver of any other breach of this Agreement.
3. Severability: If any provision of this     Agreement shall to any extent be held invalid, illegal or unenforceable,     the validity, legality and enforceability of the remaining provisions of     this Agreement shall in no way be affected or impaired thereby and each     such provision of this Agreement shall be valid and enforceable to the     fullest extent permitted by law. In such case, this Agreement shall be     reformed to the minimum extent necessary to correct any invalidity,     illegality or unenforceability, while preserving to the maximum extent the     rights and commercial expectations of the parties hereto, as expressed     herein.
4. Independent Relationship: The user acknowledges and agree that EDTEX and     the User are, and at all times during this Agreement shall remain,     independent contractors in relation to the other party, and neither party     nor its employees or other representatives are authorized to make any     representations or any commitment on the other party's behalf unless     previously authorized by such party in writing. Neither party shall have     the authority to bind the other party.

CONTACT US

If you have any queries or grievances regarding the Services provided on the Website, please contact the grievance officer of the Company.

If you have any questions concerning the Website and the Terms and Conditions, you may contact Mr. Arun Korupolu, our Grievance Officer cum Nodal Officer at arun@edtex.in and support@edtex.in.

DISCLAIMER

The information contained in this Websiteis for general information purposes only. The information is provided by EDTEX andwhile we endeavor to keep the information up to date and correct, we make norepresentations or warranties of any kind, express or implied, about thecompleteness, accuracy, reliability, suitability or availability with respectto the Website or the information, products, services, or related graphicscontained on the Website for any purpose. Any reliance you place on suchinformation is therefore strictly at your own risk.

In no event will we be liable forany loss or damage including without limitation, indirect or consequential lossor damage, or any loss or damage whatsoever arising from loss of data orprofits arise out of, or in connection with, the use of this Website.

Through this Website, you are ableto link to other apps, which are not under the control of EDTEX. We have nocontrol over the nature, content and availability of those apps.

Every effort is made to keep the Websiteup and running smoothly. However, EDTEX takes no responsibility for, and willnot be liable for, the portal being temporarily unavailable due to technicalissues beyond our control.

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