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Terms Of Service

 

TERMS OF SERVICE

Last Updated September 01, 2021

Terms and Conditions

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity(“you”) and Praya Labs, doing business as Praya Labs(“Praya Labs”, ”we”, “us”, or “our”), concerning your access to and use of the https://prayalabs.com website as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto(collectively, the “Site”). We are registered in India and have our registered office at 17/5, Ramalinganar 9th street, Tiruvannamalai, Tamil Nadu 606601. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU DISCONTINUE USE IMMEDIATELY.

Use/Change in Service

By using the Services, you accept and agree to be bound by these Terms of Use. The Website Provider reserves the right to suspend, cancel, or discontinue any Service or the entire website itself at any time or make modifications and alterations in any or all of the contents and/or Services contained on the Website without prior notice and at its sole discretion. The provisions regarding disclaimer of warranty, accuracy of information and indemnification shall survive such termination, change, suspension or discontinuation. The Website Provider may monitor access to the Website.

Eligibility

By registering on the Website and using the Services, you represent that you are a major (have crossed eighteen (18) years of age at the time of using this Website) and are otherwise legally entitled to contract under Indian law or the law of your jurisdiction, and are not barred by any law, in any jurisdiction or bound by any agreement that restricts your right to accept these Terms of Use or use the Website and/or the Services. In the event you are not a major or bound by any agreement that restricts your right to accept the Services, you may not register on the Website and avail the Services provided on the Website.

User Access, Consent to Use of Data

In order to register with the Website, you will have to provide your name, email id, phone/mobile number, address, education, graduation year and graduation percentile, professional experience.

You agree to: (a) provide true, accurate, current and complete information about yourself as required in the registration form available on the Website (“Registration Data”)and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Website Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Website Provider has the right to suspend or terminate your account and/or refuse any or all current or future use of the Website or any portion thereof.

As part of the registration process, you will choose a User ID and password. In choosing your User ID you will not (i) choose or use a User ID of another person already registered with the Website with an intent to impersonate that person; (ii) choose or use the User ID in which another person has proprietary rights without such person’s written authorization submitted to the Website; (iii) choose a User ID that is offensive, vulgar or misleading; or (iv) you will not choose a pseudonym or aliases.

You will solely be responsible for all usage or activity in your account after registration with the Website, including use of the account by any third party authorized by you. You agree that you will not use the Website to post pornographic content or content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or market, or sell business, products or services that is illegal. Any fraudulent, abusive, misuse or otherwise illegal activity may be grounds for removal of such content and/or termination of your account at the Website Provider’s sole discretion. You will immediately notify the Website Provider at info@prayalabs.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security. The Website Provider will not be liable for any losses caused to you, whether directly or indirectly for any unauthorized use of your account or for your failure or delay to intimate the Website Provider of known or suspected unauthorized use(s) of your account, or any known or suspected breach of security.

You acknowledge, consent and agree that the Website Provider may access, preserve or disclose your account information, including but not limited to personal information like name, email id, phone/mobile number, password, User ID, payment information like credit/debit card details (e.g. credit card number and related verification information),and other financial information such as bank account details, as well as related personal information, such as your name, address, mobile number, date of birth, education, professional experience, etc if required to do so by law or in good faith, believing that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process or the order of any Government authority; (b) enforce the Terms of Use; (c) respond to claims that the account information violates the rights of third parties; (d) carry out fraud verification of the credit/debit card details and other financial information provided (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Website Provider, its users and the public.

You acknowledge and agree that upon your registration and use of the Website, the Website Provider will collect, use, store and archive information about you. The collection, storage, use and sharing (if any) of your information and data by the Website Provider will be in accordance with the Privacy Policy of the Website which can be found at www.prayalabs.com/privacy-policy

You may not sell, trade, or transfer an account to another person, nor accept or use an account that was not originally yours. If you violate these conditions, your account will be terminated immediately.

Each registration is for a single user only. Therefore, we do not permit any of the following:

  • 1. Any other person sharing your User ID and password;
  • 2. Any part of the Website being cached in proxy servers and accessed by individuals who have not registered with the Website as a user; or
  • 3. Access through a single user name and password being made available to multiple users on a network.

 

Service Availability

The Website Provider may change, suspend or end any Service, or change and modify prices for any paid or premium Services in the Website Provider’s sole and absolute discretion. You acknowledge and agree that the Website Provider has no obligation to store, maintain or provide you a copy of any content or information that you or others provide.

Payments

If you wish to avail any of our paid or premium Services you agree to pay us the applicable fees and taxes. For making payments through the Website, you will have to provide (i) your credit/debit card details (e.g., credit card number and related verification information), and other financial information such as bank account details, as well as related personal information, such as your name, email ID, address, mobile number, date of birth, education, professional experience, etc., to the approved payment processing provider(s). In this regard, you agree to provide correct and accurate details to the approved payment processing provider(s) for making payments for the services. You will not use the credit/ debit card or online banking facility which is not lawfully owned by you, i.e. for any transaction, you must use your own credit/debit card or online banking facility. Apart from the approved payment processing provider(s), the information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will solely be responsible for the security and confidentiality of your credit/ debit card details. The Website Provider expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/debit card or online banking facility.

You acknowledge and understand that the payment gateway services made available through the Website are owned, controlled and provided by the payment processing provider(s) and hence, the Website Provider does not warrant and in no way will be liable for the timeliness of such services and the receipt of customer payments through such services.

Services & Third-Party Material

The Website enables access to the Services including the access to third party services. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Website Provider shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You also understand that any information (including personal information) you may share with any third parties, or other users whilst using the interactive features of the Website (such as Learning management system, online chats, online classroom sessions and email features) will be solely at your risk as to the security of such information and the Website Provider cannot guarantee the security of such information or the nature of its use by the third parties to whom you disclose such information.

The Website will display, include or make available content, data, information, applications or materials, from third parties, service providers, content providers or other users of the Website (collectively and individually called “Third Party Materials”). By using the Website, you acknowledge and agree that the Website Provider is not responsible for examining or evaluating the content, accuracy, completeness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. The Website Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. To the extent you choose to access the services provided through the Website, by the service providers or Third-Party Materials, you do so at your own initiative. You understand and acknowledge that the Website Provider will not be responsible for the credibility, reliability, valid and lawful existence of such service providers.

You agree that the Services contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Website. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works of the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, bully, threaten, defame, impersonate, gamble, exhibit or transmit sexually explicit, pornographic, pedophilic content, promulgate hate speech, carry out illegal activities or otherwise infringe or violate the rights of any person (including other users of the Website and third parties, related or unrelated to the use of the Website or the services provided through it) including any patent, copyright, trademark, trade secret or other proprietary rights of such persons. You also agree that the Website Provider is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Services.

The Website Provider reserves the right to change, suspend, remove, or disable access to the Website or any of the Services at any time without notice. In no event will the Website Provider be liable for the removal of or disabling of access to any Services through the Website. The Website Provider may also impose limits on the use of or access to any Services or any service providers made available through the Services, without notice or liability.

Restrictions on Use of Website / Services

When using the Website/Services, you shall not:

  • 1. Restrict or inhibit any other user from using or enjoying the Website, or the Services, including without limitation by means of hacking or defacing any portion of this Website or the Services;
  • 2. Transmit any information that contains a virus, worm, time bomb, trojan horse or other harmful or disruptive component;
  • 3. Reproduce, duplicate, copy, sell, resell or exploit for any commercial or unlawful purposes, the content of the Website or content of the Services or any portion thereof;
  • 4. Remove any copyright, trademark, or other proprietary rights notices contained in this Website or the Services;
  • 5. Frame, mirror or link any part of the Website without the Website Provider’s prior written authorization;
  • 6. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or the Services or to retrieve or index any portion of the Website or collect information about users;
  • 7. Use the Website or the Services for any illegal or unauthorized purpose.
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Copyright

This Website is owned and operated by the Website Provider. All content made available on the Website including but not limited to any Services, text, images, graphics, data, database, software, video and audio used on the Website belong to the Website Provider or has been licensed to the Website Provider by third parties. Any use, including the reproduction, modification, adaptation, distribution, translation, transmission, re-publication or in any other way exploitation of the content on the Website or of the Services is strictly prohibited. The Website, the Services and their content are made available solely for your own personal, non-commercial (except for lawful services made available through the Website by service providers) and lawful use. Nothing contained on the Website should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names contained in the Website without the expressed written consent of the applicable rights holder.

Links

The Website may contain hyperlinks or other connection devices, which will allow you to use the Website and access other websites. The Website Provider is not responsible and assumes no responsibility for the contents of any linked website, or for any potential damage arising out of or in connection with the use of any such link. The websites to which links are provided in this Website are not under the control of the Website Provider. Access to any other website linked to the Website is at the user’s own risk.

In addition, the existence of a link between this Website and any other Website is not and should not be understood to be an endorsement by the Website Provider of any material, substance, information or the owner or proprietor of the linked website, and such link shall not imply nor create any relationship or endorsement between Website Provider and the owner or proprietor of such linked website.

Advertisements

The Website Provider, any users of the Website, or any business microsites of the Website may display advertisements and promotions on the Website. The manner, mode and extent of advertising by the Website Provider on the Website are subject to change. By clicking on any advertisements, you may leave this Website and be directed to an external website, or to a website maintained by an entity other than the Website Provider. If you decide to visit any such website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Website Provider makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.

The Website Provider makes no warranty or representation regarding the merchantability, fitness for particular purpose, availability, efficacy, reliability, durability of any product or service advertised on the Website.

Cookies

The Website Provider uses cookies, device finger printing, open device identifier number, web beacons or similar technologies on the Website. A cookie is a small text file that is stored on the hard drive of your computer or your device when you access the Website. We use cookies to enhance user experience on the Website and to provide better services. You are free to decline cookies, but by doing so, you may not be able to use certain features on the Website or take full advantage of all of the Services and other offerings.

No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND/OR THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE WEBSITE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE WEBSITE PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY OR THROUGH, THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. IN THE EVENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, THE ABOVE EXCLUSION AND LIMITATIONS WILL APPLY TO YOU TO THE EXTENT PERMISSABLE BY LAW.

Limitations of Liability

IN NO EVENT SHALL THE WEBSITE PROVIDER OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND FUNCTIONS OF THE WEBSITE OR ANY LINKED WEBSITE/MOBILE APPLICATION, EVEN IF THE WEBSITE PROVIDER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify and hold harmless the Website Provider, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to your use of the Website, including without limitation of the foregoing, any action you take which is in violation of these Terms of Use.

Choice of Law

These Terms of Use shall be governed by the laws of Republic of India without giving effect to its conflict of law’s provisions. These Terms of Use shall be subject to the exclusive jurisdiction of the courts at Chennai, India.

No Third-Party Beneficiaries

This contract is solely for your benefit and the benefit of Website Provider.

Severability

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Contact Details: info@prayalabs.com