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 website and payment gateway. 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 Simandhar Education Professional Exam Review India Private Limited and or Simandhar Education Publications Private Limited.
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.
MODIFICATION OF TERMS AND CONDITIONS OF SERVICE
When you visit https://simandhareducation.com/ 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.
CREDIT CARD DETAILS
To avail of and use the Services you will have to register with Simandhar Education with details of your information like email-id, name, mobile/telephone number, date of birth etc. As a part of the registration process/fee payment process you agree to provide credit card details/bank details. You agree, understand and confirm that the credit card details provided by you for availing of services offered by Simandhar Education will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You represent that you have valid rights and title in any and all Contents/Credit Card details that you submit on the Site, that you have not infringed on any right over the same belonging to any party and further that you will indemnify Simandhar Education or its affiliates for all claims arising out of any content/Credit Card details that you post on the Site. You further agree and undertake to provide the correct and valid credit card details to Simandhar Education. Simandhar Education will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
You acknowledge and agree that Simandhar Education may preserve Content and the said information will not be utilized and shared or disclosed by Simandhar Education with any third party unless required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process, law, regulation or court order;
- enforce the Terms and Conditions of this agreement;
- respond to claims that any Content/ Credit Card details violates the rights of third-parties;
- respond to your requests for customer service; or charges:
Cancellation and Refund of Fees/Charges once made by filling the payment forms with credit card/debit card/bank details, at User’s request, shall not be allowed under any circumstances.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Simandhar Education and you shall have no authority to bind Simandhar Education in any manner, whatsoever.
GOVERNING LAW AND JUDISDICTION
This agreement and the relationship between you and Simandhar Education shall be governed and construed in accordance with the Laws of India without regard to its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Hyderabad, India, in all disputes arising out of or relating to the use of the sites/services.
SETTLEMENT OF DISPUTES
Without prejudice to any provisions in the terms and conditions herein, any dispute or difference arising out of or touching this agreement shall be settled amicably in the First instance. Unresolved disputes or differences shall be referred to a Sole Arbitrator to be appointed/nominated by Simandhar Education. The arbitration shall be governed by the (Indian) Arbitration and Conciliation Act, 1996 and any modifications thereon and rules made thereunder and the law governing the same shall be Indian Laws. The Seat of arbitration shall be at Hyderabad or at the sole discretion of Simandhar Education.
Simandhar Education shall have no liability to you for any interruption or delay in access to the Site AND services irrespective of the nature of the cause.
WAIVER AND SEVERABILITY
The failure of Simandhar Education to 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.
You shall indemnify and hold harmless Simandhar Education 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.
By using Simandhar Education’s sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of the website. We reserve the right, to modify this Privacy Statement at any time.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.