- Welcome to www.theellcafe.com (the “website”). This domain name and website are owned and operated by The English Language Learners’ Cafe Pvt. Ltd., (the “Company”). “The English Language Learners’ Cafe” is the trademark owned by the Company.
- You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the website. These terms are to be read along with any other policies on the website.
- The term “You” or “User” shall mean any natural or legal person or entity accessing or using the services provided on this Website;
- The term “We“, “Us“, or “Our” shall mean the website and/or the Company, as per the context.
- “Third Party”, “Third-party”, or “third-party” shall mean and refer to any individual(s), company or entity apart from the User and the Company.
- The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
ABOUT THE WEBSITE
The website is an online platform to that provides users with information on the various courses offered by the company.
You represent and warrant that you are at least 18 years of age and otherwise 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 website if you are not competent to contract under the Indian Contract Act, 1872 and any other applicable laws, rules and regulations.
ACCOUNT AND REGISTRATION
- By liking or following our social media pages, you consent us to share your social media account profiles on the website. The social media accounts include, but are not limited to, Facebook, twitter, Google Plus, and LinkedIn. You confirm that you are the owner of any social media account and that you are entitled to disclose your social media account information to us. Further, you give us permission to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions,
- You are solely responsible for all activities that occur in your social media account. You agree to notify us immediately of any unauthorised use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for the purpose of transacting in your name on our website.
This Agreement shall continue to be in full force and effect as long as you access and use the website.
Either You or We may terminate the agreement at any time, with or without cause. However, we reserve the right, in our sole discretion, to terminate your access to the the Website or any portion thereof at any time, without notice.
Access to this website is free of cost, which includes the browsing of the site and the use of the services. You will only have to pay for the services availed as per the agreed schedule. However, we reserve the right to amend this no-fee policy and charge for any or all services rendered.
You are a restricted user of this website.
- You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.
- You agree not to access (or attempt to access) the website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
- In places where this website allows you to post or upload data/information, you undertake measures to ensure that such material is not offensive and in accordance with applicable laws.
- You shall not impersonate any other party, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorised by us, or provide or use false information to obtain access to a business’ listing on the website that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may us or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
- Further, You undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others.
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website).
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- Post any file that infringes the copyright, patent or trademark of other legal entities.
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer.
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace, or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites.
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this section.
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
- Violate any applicable laws or regulations for the time being in force within or outside India.
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India.
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers.
We can (and You hereby explicitly and expressly authorise us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to respond to the feedback shared through the Website.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. In no event shall we assume or have any responsibility or liability for any content posted or for any claims, damages, or losses resulting from use of content and/or appearance of content on the website. You hereby represent and warrant that you have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to us, we may in our sole discretion limit user access and/or activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the Site.
- If the User is in breach any of the terms and conditions of this agreement.
- If the User has provided wrong, inaccurate, incomplete, or incorrect information.
- If your actions may cause any harm, damage, or loss to the other users or to us.
INDEMNITY AND LIMITATIONS
You agree to defend, indemnify, and hold harmless the website and the Company, its employees, directors, officers, agents, and their successors and assigns and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations, or undertakings or in relation to the non-fulfilment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this agreement.
In no event shall we be liable to you, or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
INTELLECTUAL PROPERTY RIGHTS
- Unless we have otherwise agreed, nothing herein gives the user a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of this agreement. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created and developed by the website and other distinctive brand features of the Website are a property of the Company. Furthermore, with respect to the Website created by the company, the Company shall be the exclusive owner of all the designs, graphics, and the like, related to the Website.
- You may not use any of our intellectual property in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us in any way.
- You further acknowledge that the Website may contain information which is designated as confidential by us and that you shall not disclose such information without our prior written consent.
- We do not warrant or represent that your use of any content or materials displayed on the website will not infringe rights of third parties not affiliated with us. You agree to immediately notify us upon becoming aware of any claim that any content on the website or any Services infringe upon any intellectual property of any party including but not limited to copyright, trademark, or other contractual, statutory, or common law rights.
DISCLAIMER OF WARRANTIES AND LIABILITIES
- Except as otherwise expressly stated with respect to our products, all content of the site are offered on an “as is” basis without any warranty whatsoever either express or implied.
- All the content on this website is for informational purposes only.
- We make no representations, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose.
- You agree and undertake that you are accessing the Website at Your sole risk and You are using your best and prudent judgment before accessing or using any information on the Website.
- The Website and the Company accept no liability for any errors or omissions, whether on behalf of itself or third parties.
- We do not guarantee the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or defects will be corrected even if we are aware of them.
- Any pictures of these products or any trademarks, copyright, design or other intellectual property that may be displayed on the website is purely for the purpose of providing information to our users. We do not claim to manufacture, sell or make available any of the products displayed.
- Unless stated otherwise, all content, including any pictures displayed on the website are believed to be in the public domain as either promotional materials, publicity photos or press media stock. Please email a request to remove any content by sending an email to email@example.com if you feel that your copyright or other intellectual property right has been infringed upon.
CONTENT AND SUBMISSIONS
- We welcome your suggestions and comments regarding your experience using our Website. Any comments, ideas, suggestions, initiation, or any other content you contribute to the Company or this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right, and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary.
- You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by the Company will not infringe upon or violate the rights of any third party.
- You further represent that your information is truthful and accurate; and Your information does not violate the Terms or any applicable laws.
Third Party Content
- Third party content, including that posted by our users, does not reflect our views or that of our branches, employees, officers, directors, or shareholders. In addition, none of the content available through the website is endorsed or certified by the providers or licensors of such third-party content. We assume no responsibility or liability for any third-party content. You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
DISPUTE RESOLUTION AND JURISDICTION
The formation, interpretation and performance of this agreement and any disputes arising out of it will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as the sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The parties in good faith will attempt to bind by the decision.
- Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration proceedings shall be presided over by a Sole Arbitrator, to be appointed by the Company. The arbitration shall take place at Chennai, Tamil Nadu, India and shall be conducted in English. The award as the outcome of the arbitration is final and binding on both parties.
In the event of the dispute resolution mechanism failing, the matter shall be governed by the law, rules and regulations of Chennai, Tamil Nadu, India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Chennai, Tamil Nadu, India, and you hereby submit to the personal jurisdiction of such courts.
- Entire Agreement: This agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either party at any time to require performance of any provision of this agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this agreement.
- Sever-ability: If any provision of this agreement, shall to any extent, be held invalid, illegal or unenforceable; the validity, legality, and enforceability of the remaining provisions of this agreement shall in no way be affected or impaired thereby and each such provision of this agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent, the rights and commercial expectations of the parties hereto, as expressed herein.