Site-franchise license agreement

All information and services displayed on the website constitute an "invitation to offer". Your request for availment constitutes your offer which shall be subject to the terms & conditions as listed below. All the terms & conditions form an Agreement regulating our relationship with regard to use of online transactions.

All the terms and conditions must be read very carefully. If you do not agree to any of the terms and conditions, you should not use this service. Your use of a Site shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions. By using this facility, you accept that this will form a legal binding agreement between you and GEPL.

You may not copy, reproduce, modify, distribute, republish, display, post or transmit any part of the Website without the permission of GEPL. Any candidate doing any unlawful activities/spamming may be blocked by GEPL with immediate effect.

"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures and will include the references to this Agreement as amended, supplemented, varied or replaced from time to time.

"Site-franchisee" means you/ your company/ your firm which agrees to provide services/ products to end-users/ candidates

"Site" means the online transaction platform owned and operated by GEPL, on your request/ order, which provides access to end-users/ candidates of the site franchisee.

"User" means and includes you and/or any person or an entity including using or accessing the services provided on the Site.

"Product/s" connotes Registration Forms that appear in the Site where the User can fill the form online and services promoted / displayed on the Site and offered for any use /sale.

"GEPL" means Graposs Edutech Pvt Ltd.

GEPL shall in no event be responsible and disclaims all liability for any loss, liability, damage (whether direct, indirect, special or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of, or reliance upon any information, links or service provided through this website, or any actions and/or liability for consequential or incidental damages .In such jurisdictions, our liability is limited to the greatest extent permitted by law.

GEPL would endeavor to keep the site up and running, not-withstanding any acts/ reasons beyond its control or due to 'acts of God'

GEPL will not be responsible for any interruption, delayed or failed transmission, loss of programs or other data, storage or delivery of information, resulting from whatsoever cause.

All the information appearing on the website is provided without a representation or warranty whatsoever, whether express or implied.

The information contained on the website provides general information on particular subjects and is not exhaustive treatment of such subjects.

Eligibility:

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

Registration

Upon registering for an Online e-learning programme, the programme is usually available for the User for 1 month/3 months/ 6 months/ 1 year after registration ("Availability Period"). In exceptional cases, the Availability Period can be extended.

A registration for an Online e learning programme at the Site is only final after full payment is made, and only after the User has given his consent to these Terms and Conditions.

GEPL shall charge the Non-refundable fees or other charges from the Site-franchisee, in respect of its products and service or any other aspect of this Site which is to be paid by you at the time of this registration.

Expiry of Student Plan Date

Note that we sell plans that have specified time validity. After 30 days of the expiry of the plan date, the history of the questions of the tests taken by student will not be visible to the student. Students are requested to take the necessary print outs of the permitted sections,for any further use, beyond the 30 days of the expiry of the plan.

Revision of Fees/Changes

GEPL reserves the right to revise the fees or other charges or withdraw or suspend / cancel, or discontinue any or all of the services without prior notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice and at the sole discretion of GEPL.

Cancellation / Refund Policy

Cancellation and Refund of Fee/Charges once made by filling the Registration forms at User's request, shall not be allowed under any circumstances.

Modification of Terms and conditions of Service:

GEPL may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event wherein the modified terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms. Your use of the Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

Electronic Communication

When you visit the Site or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Relationship

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and GEPL and you shall have no authority to bind GEPL in any manner whatsoever. The Site-franchisee further agrees and abides by all terms of usage as per End-user license agreement of GEPL on its web-site The site-franchisee agrees to let use all content and information provided by GEPL by its users. GEPL shall have no liability to you for any interruption or delay in access to the Site and service irrespective of the nature of the cause.

Waiver and Severability

The failure of GEPLto exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

Indemnity

You shall indemnify and hold harmless GEPL and its respective officers, directors, agents, and employees from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions.

Security

Any person that delivers or attempts to deliver any damaging code to Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that GEPL suffers any damage or loss.

Cancellation of/changes to this disclaimer and/or terms of trade

GEPL reserves the right to cancel or alter this disclaimer and /or the terms of trade at its sole discretion from time to time.

Annexure 1

Condition for domain name

We will offer only .in and co.in domains, Any domain name which coincides with the famous people or any government projects etc will not be offered. Sarkaripariksha team will try and provide some options to the client opting for white label but the final decision will lie with the Sarkaripariksha team.

For white labels

We will buy the Domain, Provide hosting, Create the website with all exam content as offered on Sarkaripariksha platform, create a mobile application for them under Eclara, make regular updates with additional exams and also in the existing exams and maintain this website. All this will be done FREE for the first year. Only in case of payment gateway requirement by whitelabel, there is a one time Rs. 1000/- integration cost that needs to be paid separately.

Renewal charge for White label

The first year Maintenance is free for all the client who opt for White label. Renewal fees in the 2nd year is Rs 425/Month which is Rs 5100/year [charged in the beginning of the 2nd year]. In case if a white label has done one complete recharge of Rs 15000 --- the renewal fees will be discounted to Rs 2000 for that year. And in case if the white label has made two complete recharge of Rs 15000 in the same year then this Renewal fees will be completely waived for that year.

Content on the White label Platform

The white label website is made to render content of education and skills only. White label partner will also be offered an other services page which allows them to show case their other service page.

White label Banner Policy

Being an education and Skill related website which is used by the students, it is imperative that Education and Skill related banners are only visible.

Refund Policy for White label

It is expected for the client to clearly understand all the features before opting to be a White label. There is no policy of refund for the White label.