Terms Of Use

Introduction

  1. These terms of use (the “Terms of Use”), read together with the privacy policy located at http://www.duxedu.in/privacypolicy (“Privacy Policy”), other policies which may be applicable to specific portions of the Website (defined hereunder) and any disclaimers which may be present on the Website (defined hereunder) are collectively constitute a legal and binding agreement (“Agreement”) between you, Website (defined hereunder) users (hereinafter referred to as “You”, or “Your” or the “User(s)” and Dux Technologies Private Limited (also referred as “We”, “Us”, the “Company”), having its registered office at No. 752, Ground Floor, 10th Main, 5th Cross Road, Nagendra Block, Banashankari, Stage 1, Bengaluru - 560050, and provides, inter alia, the terms that govern Your access and use of the Company’s website (http://www.duxedu.in), Services (defined hereunder) and products individually and collectively known as “Website”.
  2. These Terms of Use constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
  3. These Terms of Use apply to all Users including students and educators visiting the Website who may avail Our Services (defined hereunder).
  4. Please read the Terms of Use and the Privacy Policy of the Company with respect to registration with us, the use of the Website carefully before using the Website. Any capitalized term used in this Term of Use and not defined herein shall have the meaning as defined in the Privacy Policy. In the event of any discrepancy between the Terms of Use and any other policies with respect to the Website the provisions of these Terms of Use shall prevail.
  5. By using or visiting the Website You accept the Agreement. If You do not agree to any of these terms, please do not use the Website.
  6. The Website and the domain name i.e. https://www.duxedu.in and all its content, information, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video(s) and related tutorials, script and audio, contained in the Website are proprietary information of the Company.
  7. This Agreement does not alter in any way the terms or conditions of any other agreement You may have with us, or our subsidiaries or affiliates, for Services (defined hereunder) or otherwise. If You are using the Website on behalf of any entity, You represent and warrant that You are authorized to accept these terms on such entity's behalf, and that You agree to indemnify us for violation of this Agreement.

Website Use

  1. A condition of the User’s use of and access to the Website and to the services provided by the Company (the “Services”) is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this Website immediately and immediately discontinue use of all other Services.
  2. When You click on the ‘I accept’ tab at the time of registering or access the Website or otherwise provide Your personal information, You specifically consent to Our Privacy Policy & Terms of Use. Page 2 of 9
  3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard.
  4. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website with respect to User content.
  5. The Company hereby grants You a limited, personal, revocable, non-sublicensable and nonexclusive license to access and use the Service for personal or internal business purpose through the Website. This license granted herein does not include any collection, aggregation, copying, duplication, display or derivative use of the Services nor anyuse of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless otherwise set forth in this Agreement.
  6. Any use of the Services and/or Website beyond the scope of authorized access as set forth in these Terms of Use immediately terminates any permission or license granted herein.
  7. In addition to the above, You further acknowledge and agree that You will not:
    1. reproduce or attempt to reproduce the Website;
    2. modify, adapt, translate or create any derivative works of the Website or attempt to do the foregoing;
    3. attempt to circumvent or disable the Website or any technology, features or measures in the Website by any means or in any manner;
    4. attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Website;
    5. distribute, encumber, sell, rent, lease, sub-license the Website to any third party;
    6. access or use the Website/Services/products in any manner that could damage, disable, overburden or impair any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted.
    7. make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content.
    8. remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Website or used in connection of the Website.
    9. disrupt or interfere with the security of, or otherwise cause harm to, the Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website/Services/products or any affiliated or linked sites.
    10. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
    11. post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or Page 3 of 9 that may harvest or collect any data or personal information about other Users without their consent.
    12. give any unauthorized access or distribute or reproduce the educational content or any other content which you may access on the Website to a third party. In the event, the Company becomes aware of any Users giving unauthorized access to any third party or distributing or reproducing any educational and related content on the Website to or any third-party channel, Company’s competitors or any media house, the Company reserves the right to suspend or terminate the said User’s account with immediate effect.
  8. This Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
    1. the Indian Contract Act, 1872;
    2. the Information Technology Act, 2000 (the “IT Act”);
    3. the rules, regulations, guidelines and clarifications framed under the IT Act, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);
    4. the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”); and
    5. the Consumer Protection Act, 1986.

Submission of information

  1. If You allow a third party, access to the Services through Your account, You shall ensure that the
  2. Please refer to our Privacy Policy to know more about our policy with regards to collections, storage and use of personally identifiable information provided by You.
  3. The Company authorizes You to access the Website solely for the purpose of using the Services.
  4. You hereby authorize the Company to (i) render the Services provided by the Company (ii) use. Your submitted information to contact You, (iii) maintain a record of Your queries, visit of the Website, and/or feedback, and (iv) use all submitted information by You in a manner as it may deem necessary.
  5. By submitting content on or through the Services (your “Material”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate your Material with you, except as described below. You agree that others may use Your Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose your Material in accordance with these Terms. If you delete your user account your Material and name may remain available through the Services.
  6. For certain functions of the Website’s Services, such as reviewing and tracking Your use of the Services or to provide effective Service through the Website, You may be required to provide Your name, age, mobile or phone number, and/or address; without limiting the generality of foregoing, You are required to provide accurate and complete information.
  7. The Company may, at any time and without having to serve any prior notice to You, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the contents of Terms of Use and/or the Privacy Policy. It shall be Your responsibility, in such cases, to review the terms of the Agreement from time to time. Such change shall be made on the Website and shall reflect accordingly. The Company may also alter or remove any content from the Website without notice and without liability and that the Company shall not be liable for any loss of data as may be provided by you whatsoever. Any material changes shall be highlighted on the homepage. Page 4 of 9
  8. The Company reserves the right, at its sole discretion, to suspend Your ability to use or access the Website (or a part thereof) or the Services at any time while the Company investigates complaints or alleged violations of these Agreement, or for any other reason. Further, it shall also have the ability to prohibit or restrict You from using the Website if the Company, in its opinion, feels that You are misusing the Website in any manner whatsoever.
  9. The use of the Website is governed by the Company’s Privacy Policy which sets forth its standard practices regarding the collection, use and disclosure of personal information that it obtains about You in connection with the Services.

User Covenants

  1. You must be 18 (eighteen) years of age to submit any information on the Website. If You are between below 18 (eighteen) years of age, You may only use the Services under the supervision of a parent or a legal guardian who agrees to be bound by these Terms. Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for Company’s products or Services. Persons who are minors, undischarged insolvents etc. are not eligible to register for our products or Services on their own. In the event a minor utilizes the Website and the related Services, it is assumed that his/her legal guardian or parents have provided their consent for usage and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of the Website or any of Company’s products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete. The Company reserves the right to terminate Your subscription and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria.
  2. You shall at all times, while using the Website comply with all applicable laws and regulations necessarily required to procure the Services from the Company and that the Company shall not be liable for any of Your unlawful acts while using the Website.
  3. As mandated by Regulation 3(2) of the IG Rules, and to the extent of this Agreement, the Company hereby informs You that You are not permitted to host, display, upload, modify, publish, transmit, update or share any information wherever it may be required which:
    1. belongs to another person and to which You do not have any right;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
    3. harms minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. impersonates or defames another person in a manner which could on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever hurt his religious feelings; Page 5 of 9
    8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
    9. 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 cognisable offence or prevents investigation of any offence or is insulting to any other nation.
  4. The Company shall in order to increase its reachability across India and other countries, shall provide for referral scheme programs which shall allow its Users to opt for the scheme and avail such benefits as may be offered by the Company. Since it shall be an optional selective policy of the Company, the decision of the Company shall be final at all times and the same shall not be either disputed or challenged. It should be noted with abundant caution that no User, any partner on boarding or intending to work with the Company or other stake holder shall do business with the Company in anticipation of such referral benefits. Company shall not be held responsible if some User, student or any customer does business with the objective of getting referral benefits as in when paid by the Company which shall be a entirely dependent on Company’s own discretion based on internal parameters and various demographic and economic factors.
    1. violating or attempting to violate the integrity or security of the Website;
    2. transmitting any information on or through the Website that is disruptive or competitive to the provision of the services provided by the Company;
    3. intentionally submitting on the Website any incomplete, false or inaccurate information;
    4. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
    5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
    6. copying or duplicating in any manner any of the information available from the Website; and
    7. framing or hotlinking or deep linking any contents from the Website.
    8. The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email about any such information as mentioned in clause 5.4 above, shall be entitled to disable such information that is in contravention of clause 5.4, the Company shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.

Payment

You agree to pay all Service fees, applicable to Your use of the Services. While Company will strive to give You a fair estimate of fees in advance, the actual fee may be dependent on the type of Services that You purchase and may vary based on the number or duration of the Services subscribed to. At the sole discretion of Company, the fees could also be paid offline and be either collected personally from the User. The payment process would be complete only on receipt of the amount to Company designated bank account. Company shall send an intimation of fee receipt through an email and/or your contact details within seven (7) working days of fee receipt from You.

The fees could be paid online through the facility provided through the Company. Third parties support and services are required to process online fee payment. Company is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Company. Page 6 of 9

An invoice for fees against Services received by You will be generated periodically and will be intimated to You on the Website and/or on Your contact details. You may be requested to make the payment immediately or on a deferred basis, at the sole discretion of Company. In case the fees against Services are not received within the requested timeframe, Company reserves the right to stop provision of Services on immediate basis, permanently delete Your account and all information stored against your account and, suspend or terminate the Agreement. You will be solely responsible for the consequences of non-payment for the fees within the requested timeframe and have no right of recovery in any form against the Company.

Subjected to terms under clause ‘Use of Services’ of this Agreement for all Services, Company shall provide refund of any unexpended advance fees paid by You only if:

  1. Company is not able to deliver the Services for any reason.

In case You wish to seek a refund of the advance paid by You because You believe;

  1. Service is not as per the specification provided on the Website, please write to

contact@duxedu.in Company will process refund the unexpended amount provided internal investigation confirms the claim made by you.

Third party information

The Website may provide information regarding third party Website(s), affiliates or business partners and/or contain links to their Websites. Such information and links are provided solely for the purpose of Your reference. The Company is not endorsing the material on the Website, is not responsible for such errors and representation nor is it associated with it and You shall access these Websites at Your own risk. Further, it is up to You to take precautions to ensure that whatever links You select or software You download from the Website, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects and other items of a destructive nature.

Intellectual property rights

All the intellectual property used on the Website by the Company, service providers or any third party as the case may be shall remain the property of the Company, service provider or any other third party (as applicable). You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any material or enforce limitations on use of the Website or the materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

Liability

  1. The Company does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Service.
  2. The Company shall not be liable for any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the inability to use or performance of the Website or the Services. This shall extend to the loss suffered by You due to delay or inability to use or access the Website or the Services.
  3. The Company shall not be responsible or liable in any manner to You for any losses, damage, injuries or expenses incurred as a result of the use of the Website in any manner.
  4. It is agreed and acknowledged by You that to the fullest extent permitted by law, in no event shall the Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of user content or any other content available on Page 7 of 9 the Website, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party, and/or (v) any errors or omissions in any user content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
  5. We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, the Company limits its liability for any claims under those warranties or conditions to supplying you the Services through the Website.
  6. It is agreed and acknowledged by You that the Company shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You

Use of Website

The fundamental purpose of the Website is to provide an education platform to its Users for enrolling and getting acquainted with different educational courses in order to learn about different courses offered therein. The usage of the Website and the courses and other offerings are provided for just educational purposes and that such usage is not endorsed as a substitution to the curriculum based education provided by various educational institutions across India. The Website only provides for additional and supplemented approach to explain and clarify different concepts in an attempt to ease the understanding of its Users. The Company acknowledges that there are various means of delivering and providing for structured curriculum pedagogy and inclusion of various alternate methods in the Services/products provided on the Website does not imply endorsement of any particular method nor exclusion imply disapproval of any offerings of any educational institutions or any other establishments engaged in similar offerings. Subscription of any course or other offerings on the Website for procuring Services does not in any manner guarantee any higher grades/enhanced performance in any manner whatsoever or admission to any educational institutions in India or other countries or clearing/passing of any exams or achievement of any specified percentage of marks in any examinations whatsoever. The Company at no point provides for any warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data available on the Website.

Non - Registered User: A Non - Registered User is not permitted to access or make use of the Application for any purpose other than browsing the Website without accessing any Services; and to share the Website via social media applications. Registered User: A Registered User is specifically permitted to:

  1. Enjoy all the access and usage rights of a Non-Registered User;
  2. Access and use the Services subject to such limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to Registered User from time to time through any contact information shared by such user at the time of registration.
Access to Users:

Indemnity

You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Page 8 of 9 (i) Your access to or use of the Website in any fraudulent manner, (ii) violation of the Agreement i.e. Terms of Use and Privacy Policy as agreed herein, (iii) infringement, or infringement by any other user of Your account with the Company, and (iv) infringement of any intellectual property or other right of any person or entity. The Company will notify You promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.

User Submissions

You understand that when using the Website, You may be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and You agree and assume all liability for Your use. You hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto.

Severability

If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

Term and Termination

  1. This Agreement will remain in full force and effect while You use the Website in any form or capacity.
  2. You can terminate Your relationship with Company at any time by providing ninety (90) days’ prior written notice at contact@duxedu.in. We need this period to inactivate User account, only after verifying if there are any ongoing or pending Services. The Company may require User to continue until the completion of an on-going Service should the situation warrant.
  3. The Company reserves the right to terminate Your access to the Website and this Agreement in the event of breach of any terms contained in this Agreement, misrepresentation of information, any unlawful activity or is unable to verify or authenticate any information the You submit to the Company through the Website.
  4. The Company may terminate its relationship with You after providing 30 (thirty) days’ prior written notice to Your registered email address. However, it does not prejudice Company’s right to refuse Service to You without providing any reason.
  5. Company may terminate the Agreement without notice and with immediate effect where, in the sole opinion of NTHS:
    1. Any material relating to personal information furnished by a User appears to be untrue; or
    2. A User is unstable or dead; or
    3. Financial dues have not been paid by a User within requested timeframe; or
    4. User fails to co-operate with Service Provider/s or Company; or
    5. Service Provider/s and/or other resources of Company are no longer adequate, available and/or suitable to accommodate User’s requirements.
  6. Clauses under the headings Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution, and Notices shall continue and survive the termination of this Agreement.

Dispute Resolution and Governing Law

  1. This Agreement and any contractual obligation between the Company and You will be governed by the laws of India, subject to the exclusive jurisdiction of courts at Bengaluru.
  2. All disputes will be subject to arbitration at Bengaluru in English by a single arbitrator appointed by the Company under the Arbitration and Conciliation Act, 1996.

Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the terms of Service or the right to use the Website by the Users contained herein or any other section or pages of the Website in any manner whatsoever.

Disclaimer

  1. The Website is provided to You on “As Is” basis. The Company hereby disclaims all representation(s) and/or warranty(ies), either express or implied, including without limitation, warranties of fitness for particular purpose, title, non-infringement. In addition, thereto the Company makes no representations, warranties or guarantees that:
  2. this Website shall be free from any error, loss, destruction, damage, corruption, attack, viruses, interference, hacking, other security intrusion,
  3. the use or results of the use of the Website (including all of its content) is or will be accurate, reliable, current, and/or uninterrupted,
  4. the Company disclaims any liability relating thereto.

Notices

All notices and communications shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/ facsimile, with due acknowledgment of complete transmission to the following address:

No. 752, Ground Floor, 10th Main, 5th Cross Road, Nagendra Block, Banashankari, Stage 1, Bengaluru - 560050.

Force Majeure

Company shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond Company’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, pandemic or denial of service attacks.

Questions and Contact Information

Questions or any feedback about the Website or the Services may be directed to the Company and You may contact us at email address: https://contact@duxedu.in

Email: contact@duxedu.in
#31 (752), Ground Floor, 10th Main, 5th Cross Road,
BSK 1st Stage, 2nd Block, Bangalore,
Karnataka, 560050