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Terms and Conditions

Last Updated: 25th March, 2023

1. Overview

 

By accessing and using this site, you acknowledge that you have read, understand, and accept the following terms and conditions, without limitation or qualification. If you do not agree to these terms, please do not use this Website. Gyaniversity Publications may, without notice to you, at any time, revise these Terms of Use and any other information contained in this Website. Gyaniversity Publications may also make improvements or changes in the products, services, or other content displayed on this Website at any time without notice.

Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein, and their arrangement are the property of Gyaniversity Publications. All trademarks used or referred to in this website are the property of their respective owners.

2. Use of Website

Gyaniversity Publications grants you a non-exclusive, limited permission to access and display the pages on this Website as a current or potential customer, vendor, employment candidate or business partner of Gyaniversity Publications, provided you comply with these Terms of Use. All other uses of the Website are prohibited. 

 

Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark, or other proprietary interest of Gyaniversity Publications or any third party. This site and the content provided in this site, including, but not limited to, graphic images, books, assignments, projects, media, audio, video, HTML code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Gyaniversity Publications, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.

The information provided on this site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and Gyaniversity Publications. Links on this site may lead to services or sites not operated by Gyaniversity Publications. No judgment or warranty is made with respect to such other services or sites and Gyaniversity Publications takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to this site, is at your own risk. In addition, Gyaniversity Publications is not a party to or responsible for any transactions you may enter with third parties, even if you learn of such parties (or use a link to such parties) from a Gyaniversity Publications Website. When you access a non-Gyaniversity-Publications-controlled website, please understand that it is independent of Gyaniversity Publications, and that Gyaniversity Publications does not control the content.

The Website is intended for users who are at least 16 years old. By using the Website, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into these Terms.

3. Warranty

Use of this website is at your sole risk. This site and its contents are provided "as is" and Gyaniversity Publications makes no representation or warranty of any kind with respect to this site or any site or service accessible through this site. Gyaniversity Publications expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will either Gyaniversity Publications or its third-party service providers be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site service linked to, or any copying, displaying, or use thereof.

GYANIVERSITY PUBLICATIONS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. GYANIVERSITY PUBLICATIONS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR DOCUMENTS REFERENCED BY OR LINKED TO THIS SITE.

4. Submission of Information on the Website

  • You are responsible for complying with the laws of the jurisdiction from which you are accessing this site and you agree that you will not access or use the information on this site in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit the information you consider confidential.
     

  • By sending Gyaniversity Publications any information or material, you hereby grant Gyaniversity Publications an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Gyaniversity Publications is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. Personally identifiable information that you submit to Gyaniversity Publications for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the Privacy section on this Website for information regarding Gyaniversity Publications' privacy policies.

  • Gyaniversity Publications does not accept unauthorized idea submissions outside of established business relationships. To protect the interests of our current clients and ourselves, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship, Gyaniversity Publications cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions to Gyaniversity Publications through this website. Any ideas disclosed to Gyaniversity Publications outside a pre-existing and documented confidential business relationship are not confidential and Gyaniversity Publications may therefore develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. Gyaniversity Publications will make every reasonable effort to return or destroy any unauthorized idea submissions without a detailed review of them. However, if a review is necessary for Gyaniversity Publications' sole discretion, it will be with the understanding that Gyaniversity Publications assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to Gyaniversity Publications through this website, you agree to be bound by the terms of this stated policy.

5. Governing Law and Mandatory Arbitration

Gyaniversity Publications and you agree that these terms of use and any legal action or proceeding relating to this site shall be governed by the laws of the State of Karnataka without reference to its choice of law rules. If you attempt to bring any legal proceedings against Gyaniversity Publications you specifically acknowledge that Gyaniversity Publications is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this site to choose the laws of the State of Karnataka to govern any such proceedings, we will probably choose to defend any such action in Karnataka and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this site.

Most disagreements can be resolved informally and efficiently by contacting a Gyaniversity Publications management representative directly. If you access or utilize this Website:

a.    You and Gyaniversity Publications agree that any dispute, claim or controversy arising out of or relating in any way to your access to and use of the Website (a “Claim”) will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction in India or if located in another country outside of India, you agree to that particular country’s equivalent of small claims court or international arbitration.

b.    Small Claims Court. Either of us can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied, including any limitations on jurisdiction and the amount at issue in the dispute. Either of us may seek to have a Claim resolved in small claims court in your county of residence or in the Superior Court of Karnataka.

c.     Arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, or if located in another country the international laws of Arbitration, and that you and Gyaniversity Publications are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use.

d.    Notice of Claim. If you elect to seek arbitration, you must first send to Gyaniversity Publications, by certified mail, a written Notice of Your Claim ("Notice of Claim"). The Notice of Claim to Gyaniversity Publications should be addressed to: General Counsel, Gyaniversity Publications, and should be prominently captioned “NOTICE OF CLAIM.” The Notice of Claim should include both the mailing address and email address You would like Gyaniversity Publications to use to contact you. If Gyaniversity Publications elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to the address you provide to us in your Notice of Claim. A Notice of Claim, whether sent by you or by Gyaniversity Publications, must (a) describe the nature and basis of the claim or dispute; (b) set forth the specific amount of damages or other relief sought ("Demand"); and (c) whether you reject any subsequent modification of this Section by Gyaniversity Publications.

e.    Arbitration Proceedings. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, you or Gyaniversity Publications may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org. The arbitrator is bound by these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Gyaniversity Publications and you agree otherwise, any arbitration hearings will take place in Bangalore, Karnataka. If your claim is for U.S. $1,000 or less, Gyaniversity Publications agrees that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.

f.      Injunctive and Declaratory Relief. Except as provided in Section 4(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by you or Gyaniversity Publications and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or Gyaniversity Publications prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall stay pending the outcome of the merits of any individual claims in arbitration.        

g.    Arbitration Fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each Party is required to pay its own portion of AAA’s initial filing fee. Gyaniversity Publications will not seek to recover the administration and arbitrator fees we are responsible for paying under the AAA Rules or these Terms of Use, unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

h.    Class Action Waiver. YOU AND WE AGREE THAT WE EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If you have elected arbitration, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Section 4 (Governing Law and Mandatory Arbitration) shall be null and void.

Except as otherwise required herein or by law, these terms are governed by the laws of the State of Karnataka, India. If any term in these Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of these Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties rights under these Terms of Use.

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