General Terms and Conditions (“Terms”)
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://ushiksha.com/ website (the "Service") operated by Uthsara Technologies Private limited ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. If You are under the age of 18 (Eighteen), it is mandatory that your parent or guardian has read and accepted the Terms on your behalf before using the Website.
Description of Website and Service:
http://ushiksha.com/ is an online portal owned by Uthsara Technologies Private limited, a private company incorporated in Nepal for enhancing the logical reasoning skills in children. Users interested in learning or practicing logical reasoning problems are presented with different types of questions along with solution. Ushiksha in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently
You will not upload, display or otherwise provide on or through the Service any content that: (i) is defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Ushiksha's sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Ushiksha or its users to any harm or liability of any kind.
As a part of our Services offered through our Website, we shall grant you access to our content, courseware, practice tests, and other information, data which may be in audio/video, written, graphic, recorded, photographic or any machine-readable format in relation to the package subscribed by You ("Courseware"). We reserve the right to amend or update the Courseware offered to You. In the event such amendment or updation occurs, we may require you pay an additional amount of fees to access such amended or updated Courseware.
Our content is created by experts and goes through strict quality checks. The Website is available to users, including you, on an â€œas isâ€ basis, without any warranties as to accuracy, fitness for use for a particular purpose, merchantability, freedom from any errors, defects or non-infringement, and the Company does not makes any warranties that the Website shall always be running and free of downtime, or that it shall be error-free, or any representations regarding the availability and performance of its Website or any of the websites to which links maybe provided in the Website. Our site may be temporarily unavailable at any point of time due to maintenance, up-gradation or any other reason. We reserve the right to modify without prior notice and in Our sole discretion to refuse Service to any person. We reserve the right to accept or reject registrations on the website. We reserve the right to change prices for all our Services, offers or deals.
Grant of License & Intellectual Property Rights
We grant you a personal, restricted, non-transferable, non-exclusive and revocable license to use the Services offered through the Website for a limited time period i.e. till the date of validity mentioned at the time of purchasing your order. The Services and the Content are provided solely for your personal and non-commercial use ("Restricted Purpose"). You may not use, download, save or print the Content for commercial use without written permission. The Services are personal to you and you may not assign your rights and obligation under the Terms to any person. You are not permitted to reproduce, distribute, sub-license, disseminate or prepare derivative works of the Content, or any part thereof, in any manner or means, without our prior written consent. All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Ushiksha. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Ushiksha, all data and information generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the "Activity Data"), shall be exclusively owned by Ushiksha, and you shall not have any right to use such Activity Data except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to Ushiksha any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Data. Uthsara Technologies Private Limited is the owner and/or the licensee of all the trademarks, logos or other intellectual property on the Website.
Cancellation and Refund Policy
All purchases and payments made will be final and non-refundable, except where explicitly it is stated. Users can evaluate the Services through the free trial chapters provided on the Website. All packages are valid till the validity date as mentioned in the Order details. No refund will be given if you wish to discontinue the Services before the validity date. All refunds, if eligible, will be processed within 14 (Fourteen) business days of receiving cancellation request
Applicable Law and Jurisdiction
These Terms are governed by the laws of Nepal and you agree that the courts of Kathmandu will have exclusive jurisdiction over any dispute (contractual or non-contractual) concerning these Terms.
Limitation of Liability
You expressly agree that use of the Website and the Services and the Courseware is at your sole risk. We do not warrant that the Website, the Services or access to the Courseware will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services or the Courseware or as to the accuracy or reliability of any information provided through the Website, the Services or the Courseware. We do not guarantee any particular outcome regarding the results of the users during the entrance exams. In no event will we, or our affiliates will be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Website, the Services or the Courseware. You agree that our liability or the liability of Our affiliates, directors, officers, employees, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Courseware shall not exceed the fee You paid to Us for the particular/relevant package.
Ushiksha may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Ushiksha account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Ushiksha's proprietary rights, indemnities, limitations of liability and governing law and venue shall survive any such termination.
Revision of Terms
Information on the Website including the Terms is subject to change at our discretion at any time, without any prior notice or obligation to notify you.