This User Agreement (this “Agreement”) is a contract between you (“you” or “User”, which includes both Parents and Children). Anyone below 18 years of age is assumed to be a child (“Child”) and requires parental consent to use the Platform. The parents of the Child or users above 18 years of age are hereinafter referred to as “You”. The term “Users” for the purposes of these Terms shall be read as You and/ or Child. and ALSOWISE™ CONTENT SOLUTIONS LLP. (“ALSOWISE™ ”, “we”, or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our websiteWWW.ALSOWISE.COM, all affiliated websites, including mobile websites and applications, owned and operated by usor our successors. This also includes all services, applications and products that are accessible through the Site and all ALSOWISE™ mobile applications whether provided by us or our Affiliates. This Agreement includes and hereby incorporates the agreementsand Site usage policies and as such agreements and policies may be modified by ALSOWISE™ from time to time. Subject to the conditions set forth herein, ALSOWISE™ may, at its sole discretion, amend this Agreement and the Terms of Service at any time by posting a revised version on the Site. Any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. If a revised version includes a Substantial Change in that case, we will notify you in writing or email of the Substantial Change, after whichtheSubstantial Change becomes effective. Your continued use of the Site or the Site Services after the effective date of a revised version of this Agreement constitutes your acceptance of the agreement and you remain bound by the Terms of Service. In the event of a conflict between this Agreement and the other Terms of Service, this Agreement will prevail unless the other Agreement explicitly states that it controls. These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
Please read the Terms and the privacy policy of the Company (“ Privacy Policy”) with respect to registration with us, the use of the Application, Website, Services, mobile application and products carefully before using the Application, Website, Services or products. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or products, the provisions of the Terms shall prevail.
Your use/access/browsing of the Application or Website or the Services or sample products or demonstration products or products or registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
If you do not agree with the Terms or the Privacy Policy, please do not use the Application or Website or avail the Services or products. Any access to our Services/Application/products through registrations/subscription is non-transferable.
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES.
By registering for an ALSOWISE™ account on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site or application, you are deemed to have executed this Agreement electronically, effective on the date you sign up for an Account, pursuant to the prevailing Indian laws regulating the cyber contracts. Your Account sign up and/or registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and any amendments for your reference.
In connection to your use of this site and its services you may have to receive certain records, such as contracts, notices,invoices and communications, in writing. You give us permission to provide these records to you electronically instead of in paper form. ALSOWISE™ will make all reasonable efforts to ensure that a paper form record is issued and mailed to you in exceptional cases like audit or demand by Law enforcing agencies.
To use the Site Services and mobile application, you must register for an Account with ALSOWISE™ . ALSOWISE™ offers the Site and application Services to you as a Userin order toreceive the services related to education and training as provided by us. To register for an Account, you must be a legal entity or an individual 18 years or older who can form legally binding contracts. In case of children and persons who are less than 18 years of age or of the required age for legally binding contracts, the account shall be jointly created and used by the child and Parents of the child (both considered to be Users). A child will be invited by its Parent(s) to subscribe to the services of the site and application and then only he/she would be able to login and use the services provided by ALSOWISE™ . By registering for an Account and by using the Site Services, or by clicking to accept the Terms of Service when prompted on the Site, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described on the Site and application; and (b) be financially responsible for your use of the Site and its Services. ALSOWISE™ reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Site Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or you registered with a malafide intention to harmor other conduct otherwise violates this Agreement.
You agree to provide true, accurate, and complete information on all registration and other forms on the Siteand application or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You must not provide false or misleading information about yourself.
When you sign up for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to your password.
ALSOWISE™ encourages you to leave objective balanced feedback about our offering of services and use of the site and mobile application. ALSOWISE™ provides its public feedback system as a means through which Users can share their opinions publicly and ALSOWISE™ does not monitor or censor these opinions. ALSOWISE™ does not investigate any remarks posted by Users for accuracy or reliability but may do so if it is found be false, fake and defamatory. You may be held legally responsible and accountable for any consequences resulting from damages suffered by other Users or by usas a result of your remarks if such remarks are legally actionable or defamatory. In order to protect the integrity of the feedback system and protect Users from abuse, ALSOWISE™ reserves the right to remove posted feedback or information that in ALSOWISE’s sole judgment violates the Terms of Service.
We believe that every user of our Application/Services/products/Website must be in a position to provide an informed consent prior to providing any Information required for the use of the Application/Services/products/Website. By registering with us, you are expressly consenting to our collection, processing, storing, disclosing and handling of your information as set forth in this Agreement now and as amended by us. Processing your information in any way, including, but not limited to, collecting, storing, deleting, using, combining, sharing (with your consent), and disclosing information, all of which activities will take place in India. If you reside outside India your information will be transferred, processed and stored in accordance with the applicable data protection laws of India.
The Application/Website/Services/products obtains the information you provide when you download and register for the Application or Services or products. When you register with us, you generally provide (a) your name, age, email address, address, phone number, password and your ward’s name, age, sex, current institution; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) information you enter into our system when using the Application/Services/products, such as while initiating a dispute, clarifying a doubt, participating in discussions and taking tests. The said information collected from the users could be categorized as “Personal Information”, “Sensitive Personal Information” and “Associated Information”. Personal Information, Sensitive Personal Information and Associated Information (each as individually defined under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (the “Data Protection Rules”)) shall collectively be referred to as ‘Information’ in this Policy. We may use the Information to contact you from time to time, to provide you with one or more Services, important information, required notices and marketing promotions. We will ask you when we need more information that personally identifies you (personal information) or allows us to contact you. We will not differentiate between who is using the device to access the Application, Website or Services or products, so long as the log in/access credentials match with yours. In order to make the best use of the Application/Website/Services/products and enable your Information to be captured accurately on the Application/Website/Services/products, it is essential that you have logged in using your own credentials. We will, at all times, provide the option to you to not provide the Personal Information or Sensitive Personal Information, which we seek from you. Further, you shall, at any time while using the Application/Services/products, also have an option to withdraw your consent given earlier to us to use such Personal Information or Sensitive Personal Information. Such withdrawal of the consent is required to be sent in writing to us at the contact details provided in this Agreement below. In such event, however, the Company fully reserves the right not to allow further usage of the Application or provide any Services/products thereunder to you.
In addition, the Application/products/Services may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application/Services/products. As is true of most Mobile applications, we also collect other relevant information as per the permissions that you provide. We use an outside credit card processing company to bill you for goods and services. These companies do not retain, share, store or use personally identifiable information for any other purpose.
We use the collected Information to analyse trends, to conduct research, to administer the Application/Services and products, to learn about each user’s learning patterns and movements around the Application/Services and products and to gather demographic information and usage behaviour about our user base as a whole. Aggregated and individual, anonymized and non-anonymized data may periodically be transmitted to external service providers to help us improve the Application, products and our Services. We will share your information with third parties only in the ways that are described below in this Agreement. We may use the individual data and behaviour patterns combined with personal information to provide you with personalized content, and better your learning objectives. Third parties provide certain services which we may use to analyse the data and information to personalize, drive insights and help us to better your experience. However, these third party companies do not have any independent right to share this information. We do not sell, trade or share your Information to any third party. We may at times provide aggregate statistics about our customers, traffic patterns, and related site information to reputable third parties, however this information when disclosed will be in an aggregate form and does not contain any of your Personally Identifiable Information. ALSOWISE™ will occasionally send email notices, messages or contact you to communicate about our Services, products and benefits, as they are considered an essential part of the Services/products you have chosen. We may disclose Information:
We will provide you with the means to ensure that your Personal Information is correct and current. If you have filled out a user profile, we will provide an obvious way for you to access and change your profile from our Application/Services/Website/products. We adopt reasonable security measures to protect your password from being exposed or disclosed to anyone. Some Personal information cannot be changed, however, including your first and last name, and your ward’s date of birth, without having to create a new profile for you or your ward accordingly.
The Site and Application are platform/technology enabler where Users, Individuals, can avail the services of education and training. Subject to the terms of this Agreement, ALSOWISE™ provides the Site and Mobile Application Services to the Users when the Users register themselves and agree to the terms and conditions in all respect.
ALSOWISE™ has the right and discretion to charge service fees for its offerings and services and those fees are displayed on the site and mobile application. When a User wishes to avail the services, the applicable fees need to be paid by the User to access those services and/or modules of services. User agrees that ALSOWISE™ has the right to change, modify, amend and provide discountson theservice fees as per its discretion.
ALSOWISE™ has a clearly defined mechanism for cancellation and refund of fees, if any, which are regulated and enumerated in the Payment, Cancellation and Refund Policy. User can refer to the policy posted and published on the site as well as the application.
ALSOWISE™ will issue formal invoices to the Users. ALSOWISE™ will be adding/includingGoods and ServicesTax (GST) or any applicable taxes, to be paid to the authorities,on the invoice amount.
ALSOWISE™ (its website, sites services, applications, products and services) provides English Skill Enhancement services through its site and applications and Registered Users (inclusive of both parent and child) agree that some of the services are available for free and some of the services are available on payment of the Subscription Fees. When you as a User register with Us then we allow you to have access to certain materials and services which are guaranteed to all the Users and are available for free. Additionally, there are certain services and materials which you can access on the ALSOWISE™ mobile application only after you have made the payment for those services and materials.
ALSOWISE™ will provide access to these materials and services without charging any fees and they are available to all kinds of users, either paid or otherwise. Those services and materials are as follow;
In addition to the above mentioned services and materials ALSOWISE™ shall allow you to have access to the following once you have made the payment for these services. The User must note and agree that only those services and materials will be made available for which the payment, either in lumpsum or EMI, has been made and those modules, services or materials access has been activated post payment.
The list of these services and materials are as follow:
i. Based on your child’s performance in the diagnostic test, the system will recommend one of the three levels for your consideration, which you can subsequently subscribe to by choosing any of the payment and pricing options available to you. The Programmes are as under:
When ALSOWISE™ recommends one of the above mentioned programmes to you, you are allowed to enrol your child/ children in either the recommended programme or in the programme one level lower than the one recommended, but not the programme one or more levels higher. For e.g., if ALSOWISE™ recommends the Consolidating Programme (Level 2), you can choose to enrol your child/children in the Consolidating Programme (Level 2) or the Emerging Programme (Level 1), but not the Advanced Programme (Level 3).
At the end of any programme, the parent will be sent a comprehensive AWsum Performance Report, which is meant to outline various aspects of the way the student engaged with the programme with a view to showing you where he/ she really improved, and where he/ she may want to continue to strive towards improvement in the future. Please note that the programme must be completed in its entirety for this report to be generated and shared with you.
Access to Supplementary Quizzes, that consist of 20 questions and relate to one of the 25 topical Lessons mentioned above. These Supplementary Quizzes may be purchased 5 at a time for a fee of INR 500.00 (including GST). Once purchased, your child may enjoy taking these quizzes any number of times for a period of up to 30 days from the date of purchase. Please note that Supplementary Quizzes will not be offered and cannot be purchased until your child has completed a programme in its entirety, and the AWsum Performance Report has been generated accordingly.
The Company reserves its right to amend, revise, update, modify, replace or remove the contents and/or services related to those materials and contents and you as a User agree neither to question or seek the original material or services as your legal claim.
You agree to notify ALSOWISE™ immediately if any person improperly contacts you or suggests making or receiving payments outside of the Site. ALSOWISE™ has no other method of accepting the payments except what is provided on the site and application. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to ALSOWISE™ by sending an email to: policymatters@ALSOWISE.com.
ALSOWISE™ will have all the rights and interest on the materials, processes and methodologies including the residual technology created in due process of providing the platform/website/applicationto a User to avail ALSOWISE’s Web (online) Services and Mobile Application Services. Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services and products are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on this Application or Website or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. You may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium.
Certain content on the Website may not be original content or may belong to third parties. Such content has been reproduced either after copyright has expired or after taking prior consent from said parties and all rights relating to such content will remain with such third parties. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.
Your use of our products, Website, Application and Services is solely for Your personal and non-commercial use. Any use of the Application, Website, Services or products or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Application, Website, products and / or our Services or mobile applications shall be subjected to the following restrictions:
User understands and agrees that there is no relation between the User and ALSOWISE™ other than the contractual relationship of consuming the services as provided by ALSOWISE™ through its site and mobile application. This Agreement and any Account registration will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between Users and ALSOWISE™ , except and solely to the extent expressly stated in this Agreement.
Subject to the conditions on compliance with this Agreement, ALSOWISE™ grants you a limited license to access and, if you have created an Account, to use the Site and application for the purpose of using the Site and Application Services. You must not access (or attempt to access) the Site or Application Services by any means other than the interface provided, and you will not use information from the Site or Site Services or mobile application for any purposes other than the purposes for which it was made available. You will not access Site Services or mobile applicationin order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Site Services. The ALSOWISE™ logos and names are trademarks of ALSOWISE™ and may be registered in certain jurisdictions.
When using our mobile applications, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. Our mobile applications may not contain the same functionality available on the Site and the services provided on the mobile application may be different from the website. To use our application on mobile devices, either android or iOS, your mobile device must adhere to the following minimum operating requirements;
We may from time to time at our sole discretion develop and provide Site Services and mobile application updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features. Updates may also modify or delete in their entirety certain features and functionality. You will promptly download and install all Updates and acknowledge and agree that Site Services or portions thereof may not work properly should you fail to do so. You further agree that all Updates will be subject to the terms of this Agreement, unless otherwise provided in terms associated with such Update. ALSOWISE™ reserves the right, at any time, to modify, suspend, or discontinue Site Services or mobile application functionality or any part thereof without notice.
To the extent a User provides Confidential Information to us, the recipient (ALSOWISE™ ) will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another’s Confidential Information (including, without limitation, the storage or transmission of Confidential Information on or through the Site).
ALSOWISE™ will not publish, or cause to be published, any User’s Confidential Information, except as may be necessary under any law or state authority notifications.
M1 The Company offers You and the Child the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, or suggestions.By submitting content on or through the Services (your “Material”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate your Material with you, except as described below. You agree that others may use Your Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose your Material in accordance with these Terms. If you delete your user account your Material and name may remain available through the Services.You agree that you shall not claim any remuneration or compensation for your material posted on our website or applicationfor whatsoever reason.
M2 In the preparation of the Application/Website/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application. Any feedback from User is most welcome to make the Application and contents thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.The User specifically covenants that in case of any inadvertent error found by it in the site, application or services, the User shall promptly report the same to the Company and shall neither make it a cause for any litigation nor shall be publishing the same in social media unless we have not acted upon it when reported by the User.
M3 Our website and application provide Users with access to some original content based on publicly available information. Such information is sourced on an As Is basis and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website and application. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information.
M4 The contents of the Application/Services/products are developed to simplify the concepts of English grammar, to augment English word usage, and to develop the habit of reading. The usage of the Application/Services/products is not endorsed as a substitution to the curriculum based education provided by educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner that enables easy understanding. The Company acknowledges that there are various means of delivering the aforementioned concepts and inclusion of methods in the Application/Services/products does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Application or usage of our Services/Website/products does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
M5 Some parts of the Services are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. The Company accepts no responsibility or liability for any material communicated by third parties in this way. The Company reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, we will not be responsible or liable for any content uploaded by Users directly on the Website and the application, irrespective of whether We have certified any answer uploaded by the User. We will not be responsible for verifying whether such questions/answers or contents placed by any User constitutes an infringement of content and materials contained therein.
M6 The Company may, based on any form of access to the Application (including free download/trials) or Services or Website or registrations through any source whatsoever, contact the User through in-app notifications, email and phone, to give information about their offerings and products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through in-app notifications e-mail and phone, and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) and Do not Disturb (DND) database. By registering yourself, you agree to make your contact details available to our employees, agents and partners so that you may be contacted for education information, offerings and promotions through in-app notifications, email, phone etc.
M7 The User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the products and that User has relied solely on his or her own investigations, examinations and inspections as the User to make a decision in regard to the Services and products, and that the Company has afforded the User the opportunity for full and complete investigations, examinations and inspections.
M8 Upon registration through any means whatsoever, the Company may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services. The User expressly permits the Company to contact him/her and the student/ward utilising the Services, through the above mentioned means at any time post registration. Further, the Company shall have the right to monitor the download and usage of the Application/Services/products and the contents thereof by the User/student, to analyse such usage and discuss the same with the User/student to enable effective and efficient usage of the Services. The User expressly permits the Company to clear the doubts of the student using the Application/Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, and communicating with the student through telephone or e-mail on express consent of the legal guardian/parent of the User or through any other forum.
M9 While the Company has made efforts to train the personnel engaged in the digital marketing and webinars for the parents, teachers and the educational institutionsand services relating to its products/services to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Company reserves the right and discretion to take any action in this regard.
M10 The Company reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Application/products or registrations do not automatically entitle the User to any and all elements of Services provided by the Company and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion.
M11 The Company’s products and / or Services, including the Application and content, are compatible only with certain devices/tablets/instruments/hardware. The Company shall not be obligated to provide workable products and / or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Company’s products and Services. The company reserves the right to upgrade the table/ type of compatible devices as required from time to time.
M12 The Company shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our products and Services.
ALSOWISE™ is not liable, and you agree not to hold it responsible, for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:
You agree that in no event shall the Company, its officers, directors, employees, partners or agents 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 or any other claim arising out, of or in connection with, Your use of, or access to, the Application.
You hereby release ALSOWISE™ , its Affiliates, and its respective officers, directors, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any services or offerings. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Services provided to you.
You will indemnify, defend, and hold harmless ALSOWISE™ , its Affiliates, and its respective directors, officers, employees,partners, agents and representatives(each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to: (a) use of the Site and the Site Services by you, including any payment obligations incurred through use of the Site Services; (b) failure to comply with this Agreement by you; (c) failure to comply with applicable law by you; (d) negligence, willful misconduct, or fraud by you; and (e) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you.
This Agreement, as amended from time to time, will become effective on the later of the Effective Date or your first visit to the Site and will remain in effect for the duration of your use of the Site or Site Services or mobile application and its services. Unless both you and ALSOWISE™ expressly agree otherwise in writing, either of us may terminate this Agreement at your sole discretion, at any time, without explanation, upon written notice to the other. You may provide written notice to INFO@ALSOWISE.COM. In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed; however, (a) if you have any open Engagements for which you have made the payments when you terminate this Agreement, you will continue to be bound by this Agreement until all such Engagements have closed on the Site; and (b) ALSOWISE™ will continue to perform those Site Services necessary to complete any open Engagement.
Without limiting ALSOWISE’s other rights or remedies, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Site Services or mobile application and its services to you if: (i) you breach any terms and conditions of this Agreement or other parts of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you or other Users, or ALSOWISE™ or our Affiliates. If your Account is suspended or closed, you may not use the Site and the mobile application and its services under the same Account or a different Account or reregister under a new Account without ALSOWISE’s prior written consent.
If your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If required by law, ALSOWISE™ will retain this information along with all your previous posts and proposals for a period of up to ten (10) years from the date of closure. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which ALSOWISE™ will have no liability whatsoever.
ALSOWISE™ has the right, but not the obligation, to suspend or revoke your access to the Site and Site Services as well as mobile application if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the Terms of Service or violated our rights or those of any another user. Without limiting ALSOWISE’s other rights or remedies, we may suspend or close your Account, use self-help in connection with our rights to reclaim funds, and refuse to provide any further access to the Site or the Services to you if (a) you breach any terms and conditions of this Agreement or other Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, other Users, or ALSOWISE™ .
After this Agreement terminates, the terms of this Agreement that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions protecting Confidential Information, requiring arbitration, permitting audits, protecting intellectual property, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates.
If a dispute arises between you and ALSOWISE™ , our goal is to resolve the dispute quickly and cost-effectively. Accordingly, you and ALSOWISE™ agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, your relationship with ALSOWISE™ , the termination of your relationship with ALSOWISE™ , or the Site Services or the mobile application and its services in accordance with this Section. All the Parties will make reasonable efforts to settle the dispute amicably. If unresolved then parties can amicably and mutually agree to opt for arbitration and you agree that the Company shall have the right to appoint a sole arbitrator.
This Agreement and any Claim will be governed by and construed in accordance with the applicable laws of Union of India and the place for arbitration will be Kolkata.
This Agreement, together with the other Terms, sets forth the entire agreement and understanding between you and ALSOWISE™ relating to the subject matter hereof. Even though ALSOWISE™ drafted this Agreement, you represent that you had ample time to review and decide whether to agree to the terms of this Agreement. If an ambiguity or question of intent or interpretation of this Agreement arises, no presumption or burden of proof will arise favoring or disfavoring you or ALSOWISE™ because of the authorship of any provision of this Agreement.
User will not violate any applicable National, State, or local laws or related to the Site. Without limiting the generality of the foregoing, User agrees to comply with all applicable laws and regulations.
No modification or amendment to this Agreement will be binding upon ALSOWISE™ unless in a written instrument signed by a duly authorized representative of ALSOWISE™ . For the purposes of this subsection, a written instrument will expressly exclude electronic communications, such as email and electronic notices, but will include facsimiles. This Section does not apply to amendments to this Agreement posted by ALSOWISE™ to the Site from time to time.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of such party.
User may not assign this Agreement, or any of its rights or obligations hereunder, without ALSOWISE’s prior written consent in the form of a written instrument signed by a duly authorized representative of ALSOWISE™ (and, for the purposes of this subsection, a written instrument will expressly exclude electronic communications such as email and electronic notices but will include facsimiles). ALSOWISE™ may freely assign this Agreement without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void.
If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance by such party will be extended by the period of such delay.
Our Customer Service Officer shall undertake all reasonable efforts to address your grievances at the earliest possible opportunity. Reach out to us on support@alsowise.com, in case of any queries.
