Terms and Conditions
As updated on March 18, 2021
Welcome to the Handa Education Services Private Limited (“Handa”) terms and condition. These terms and conditions (“Terms and Conditions”), are between Handa and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website https://www.handakafunda.com/ (“Website”), you agree to be bound by the provisions of these Terms and Conditions.
Please read these Terms and Conditions, along with the Privacy Policy and all other rules and policies made available or published on the Website as they shall govern your use of the Website. By using or visiting the Website or any software, data feeds, and service provided to you on, from, or through the Website, you signify your agreement to (1) these “Terms and Conditions”, (2) Handa’s Privacy Policy and any other terms that are updated from time to time. If you do not agree to any of these terms, please do not use the Website.
A. About Handa
The domain name and Website are owned, registered and operated by Handa Education Services Private Limited, a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at T-855, Block 14, Rangoli Gardens Maharana Pratap Road, Near Vaishali Nagar Jaipur 302034, (hereinafter referred to as “Handa” or “ us” or “we” or “our” or “Company”).
B. Platform
1. These Terms and Conditions apply to all Users of the Website,
2. The Website may include or contain links to any third-party websites that may or may not be owned or controlled by Handa. Handa has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Handa will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Handa from any and all liability arising from your use of any third-party website or services. However, we recommend that before you use any third-party services or website you read and understand the terms and conditions and privacy policy of each such website that you visit.
3. Subject to these Terms and Conditions, Privacy Policy and all other other rules and policies made available or published elsewhere, Handa hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Website in accordance with these Terms and Conditions.
4. You agree and acknowledge that Handa shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, the hours of availability and equipment needed for access or use. Further, Handa may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Handa reserves the right to refuse access to the Website remove or edit contents without any notice to You.
C. Access, Permissions and Restrictions
Handa hereby grants you permission to access and use the Website as set forth in these Terms and Conditions, provided that:
1. You agree not to distribute in any medium any part of the Website or the content without Handa’s prior written authorization.
2. You agree not to alter or modify any part of the Website.
3. You agree not to access content of any other User through any technology or means other than the video playback pages of the Website itself.
4. You agree not to use the Handa Website for any of the following commercial uses unless you obtain Handa’s prior written approval:
• the sale of access to the Website;
• the sale of advertising, sponsorships, or promotions placed on or within the Website or content; or
• the sale of advertising, sponsorships, or promotions on any page or website that provide similar Website as that of Handa.
1. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Handa Website in a manner that sends more request messages to Handa’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Handa grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Handa reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g., comments, email) for any commercial solicitation purposes.
2. You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give Handa limited, royalty free, worldwide, non-exclusive license to use the communication in developing its Website and in any of its marketing or promotional activities.
3. In your use of the Website, you will at all times comply with all applicable laws and regulations.
4. Handa reserves the right to discontinue any aspect of the Website at any time with or without notice at its sole discretion.
D. Content Use
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
1. Handa Content utilized on the Website which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics are owned by or licensed to Handa and subject to copyright and other intellectual property rights under the law.
E. Handa Intellectual Property Right
The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Website is owned and controlled by Handa and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, Handa owns all IPR to and into the Website.
The mark “Handa”, “Handa ka Funda” is the sole property of Handa. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from Handa.
F. Electronic Communication
When you visit the Website or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on the Website. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
G. Confidentiality
You will not without obtaining prior written consent of Handa, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Website.
For the purpose of this clause Confidential Information shall include but shall not be limited to User list, business model, processes, ideas, concepts etc. relating to Handa or the Website which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of Handa and any breach of the same shall cause irreparable damage to us.
H. Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HANDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
I. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HANDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY , (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, WEBSITE LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE WEBSITE AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT HANDA SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE WEBSITE IS CONTROLLED AND OFFERED BY HANDA FROM ITS FACILITIES IN INDIA. HANDA MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
J. INDEMNITY
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless HANDA, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Website.
K. ELIGIBILITY TO USE AND ACCEPTANCE OF THE TERMS AND CONDITIONS
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the Website.
Handa reserves the right to refuse access to use the Website to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms and Conditions with our Website so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the Website is subject to the most current version of the Terms and Conditions made available on the Website at the time of such use.
L. Force Majeure
Handa shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
M. Information Technology Act
These Terms and Conditions are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access or usage of the Website.
You are advised not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
N. Other Laws
Certain laws require to maintain data with respect to the Website and other personal information in a prescribed format and Handa will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
O. Governing Law and Jurisdiction
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India.
P. Modification, Amendment or Termination
Handa may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Website post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
Q. General
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Website shall be in writing and sent to the registered office of Handa. We do not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.