TERMS AND CONDITIONS OF MEMBERSHIP
1.0 MEMBERSHIP RIGHTS AND OBLIGATIONS (CONTRACT TERMS ) :
(EDUCAREMONEY A UNIT OF “VIKALP JK STORE”)
1.2 These terms govern our provision and members' use of the EDUCAREMONEY
online service ("the Service"). Please read them carefully. The Service is purely
non-refundable and renewal base service. Renewal tenure will be decided by the
company EDUCAREMONEY.
1.3 We provide the Service only in accordance
with these terms and if you do not
agree to be bound by the following terms you may not use the Service. By
registering as a member, you agree to accept the following terms.
1.4 As part of these Terms & Conditions of Service,
each member must agree to and
follow the Terms of Use for the EDUCAREMONEY, which forms an important
part of this agreement. We care very much about the standard of the Service, and we
want to hear from you if you are not satisfied in any way. Please click to
educaremoney@gmail.com email us or call our customer services team on
+919978970703.
1.5 WE ARE:
EDUCAREMONEY, a company registered in INDIA under registered
number PII/SRND/2900004/0227500 Dated 13.12.2018 with a GST number (20L
Under GST Rules no GST number require as of now) and registered office at V/7,
SHRI KRISHNA NAGARI, VEJALPUR, AHMEDABAD 380051. Our business
address is OM SHANTINAGAR MAIN GATE, SHOP NO.: 02, VEJALPUR,
AHMEDABAD 380051.
1.6 Our Obligations :
We will provide membership with the rights to use the
Service. These rights will depend on the form of the membership that you have
chosen to open with us.
1.7 Membership System :
Membership will be on renewal basis, period will be
decided by the EDUCAREMONEY.
1.8 Generally :
EDUCAREMONEY Member’s agrees to pay the every 6 month
renewal fees to continue for his/her Membership and its benifits, as may be
amended from time to time in accordance with the Bylaws.
1.9 Compliance with Policies :
Member agrees to abide by, and shall have all
applicable rights and obligations as set forth in, the Bylaws, EDUCAREMONEY
Intellectual Property Rights Policy (the “IPR Policy”), the Privacy Policy, and any
and all additional policies and procedures adopted by EDUCAREMONEY, as any
of these may be amended from time to time in accordance, all of which are
hereby incorporated by reference (the “EDUCAREMONEY”).
1.10 Suspension and Termination :
EDUCAREMONEY shall have the right to
suspend participation, or cancel the membership, of Member if it (i) fails to pay its
renewal fees on time, or (ii) violates any of the EDUCAREMONEY and fails to
correct that breach within ten (10) days of notice from EDUCAREMONEY or the
EDUCAREMONEY staff, or (iii) substantially, flagrantly or repeatedly violates any
of the EDUCAREMONEY. No refunds of Membership fees or any kind of other
payments will be given.
2.0 GENERAL :
2.1 Authority to Execute Agreement :
No one can change or sale there
membership to any other person only after death of member, his / her nominee
hereby represents, warrants and covenants to EDUCAREMONEY that (a) it has
the authority to enter into this Agreement and to perform its obligations
hereunder; (b) the execution and performance of this Agreement does not and
will not violate any agreement to which Member is a party or by which it is
otherwise bound; and (c) when executed and delivered, this Agreement will
constitute a legal, valid and binding obligation of Member, enforceable in
accordance with its terms.
2.2 No Other Licenses :
By executing this Agreement, Member neither grants nor
receives, by implication, estoppels, or otherwise, any rights under any copyright,
patents or other intellectual property rights of EDUCAREMONEY or another
member.
2.3 No Warranty :
EDUCAREMONEY AND MEMBER EACH ACKNOWLEDGES
THAT, EXCEPT AS OTHERWISE AGREED IN WRITING, ALL SERVICES AND
INFORMATION PROVIDED TO OR BY EDUCAREMONEY UNDER THIS
AGREEMENT IS PROVIDED “AS IS” WITH NO WARRANTIES OR
CONDITIONS WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, AND EDUCAREMONEY AND MEMBER EACH EXPRESSLY
DISCLAIM ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT,
AND FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO SUCH
SERVICES AND INFORMATION.
2.4 Limitation of Liability :
IN NO EVENT WILL EITHER EDUCAREMONEY OR
MEMBER BE LIABLE TO EACH OTHER OR TO ANY OTHER MEMBER OR
THIRD PARTY UNDER THIS AGREEMENT FOR THE COST OF PROCURING
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST REVENUE,
LOST SALES, LOSS OF USE, LOSS OF DATA OR ANY INCIDENTAL,
CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES,
WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE
POSSIBILITY OF SUCH LOSSES OR DAMAGES. EXCEPT FOR MEMBER’S
DUES COMMITMENT, OR IN CASES OF WILLFUL MISCONDUCT OR GROSS
NEGLIGENCE, OR WHERE REQUIRED BY APPLICABLE LAW, THE
AGGREGATE LIABILITY OF EDUCAREMONEY TO MEMBER AND TO OTHER
PARTIES, AND OF MEMBER TO EDUCAREMONEY, TO OTHER
EDUCAREMONEY MEMBERS OR TO OTHER PARTIES, SHALL NOT
EXCEED THE PAST 6 MONTHS’ MEMBERSHIP FEES PAID BY THE MEMBER
TO EDUCAREMONEY.
2.5 Governing Law:
This Agreement shall be construed and controlled by the laws
of the Commonwealth of Massachusetts without reference to conflict of laws
principles. If any claim or dispute between the parties is not resolved by good
faith negotiations, any suits or proceedings pursued by either party shall be
brought in the Federal or state courts located in Massachusetts, to whose
jurisdiction each party hereby submits.
2.6 Complete Agreement :
No Waiver : This Agreement, including all attachments,
sets forth the entire understanding of EDUCAREMONEY and Member and
supersedes all prior agreements and understandings relating hereto, unless
otherwise stated in this Agreement. The waiver of any breach or default will not
constitute a waiver of any other right hereunder or any subsequent breach or
default.
2.7 Amendment :
Member shall be given at least 3 days prior written notice
of the effective date of an amendment to this Agreement, including as a result of
any changes to the EDUCAREMONEY Bylaws or EDUCAREMONEY, which is
adopted in accordance with the Bylaws and that directly and materially affects
any of the rights or obligations applicable to Member hereunder (each of the
foregoing, an “Amendment”). If Member does not agree to any such Amendment
to this Agreement that was approved in accordance with the Bylaws, then
Member shall provide written notice to EDUCAREMONEY of such disagreement
prior to the end of the 30-day notice period. If the parties are not able to reach a
mutually acceptable accommodation (for example, the parties agree to a phase-in
of the Amendment, EDUCAREMONEY determines to withdraw, suspend or
modify the Amendment, or EDUCAREMONEY grants Member a waiver or
variance), this Agreement and Member’s membership in EDUCAREMONEY shall
terminate automatically upon expiration of the 3 day notice period, unless
Member elects to withdraw by written notice on an earlier date. Amendments
shall be prospective only unless otherwise agreed to by the Member and
EDUCAREMONEY. No termination or withdrawal pursuant to this paragraph will
entitle Member to a refund of Membership dues or other fees, all of which are
nonrefundable.
2.8 No Rule of Strict Construction.
Regardless of which party may have drafted
this Agreement, no rule of strict construction shall be applied against either party.
If any provision of this Agreement is determined by a court to be unenforceable,
the parties shall deem the provision to be modified to the extent necessary to
allow it to be enforced to the extent permitted by law, or if it cannot be modified,
the provision will be severed and deleted from this Agreement, and the remainder
of this Agreement will continue in effect.
2.9 Counterparts.
This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but collectively shall constitute one
and the same instrument.
2.10 Compliance with Laws :
Anything contained in this Agreement to the contrary
notwithstanding, the obligations of EDUCAREMONEY and Member shall be
subject to all laws, present and future, of any government having jurisdiction over
EDUCAREMONEY and Member including, without limitation, all export and
re-export laws and regulations. It is the intention of EDUCAREMONEY and
Member that this Agreement and all referenced documents shall comply with all
applicable laws and regulations.
2.11 Headings.
EDUCAREMONEY and Member acknowledge that the headings to
the sections hereof are for reference purposes only and shall not be used in the
interpretation of this Agreement.
2.12 Assignment.
Member may not assign its rights or obligations under this
Agreement without the prior written consent of EDUCAREMONEY or as
otherwise set forth in the Bylaws. For purposes of this Agreement, an assignment
shall be deemed to include a transfer or sale of all or substantially all of the
business of Member, or a merger, consolidation or other transaction that results
in a change in control of Member.
2.13 Force Majeure :
Neither EDUCAREMONEY nor Member shall be liable
hereunder by reason of any failure or delay in the performance of its obligations
hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm,
explosions, acts of God, war, governmental action, labor conditions, earthquakes
or any other cause which is beyond the reasonable control of such party.
2.14 Logos and Names :
You grant EDUCAREMONEY the right to use your
organization’s name and logo on the EDUCAREMONEY website and on related
marketing materials, solely to indicate your membership in EDUCAREMONEY.
As long as you remain a member in good standing, you may use
EDUCAREMONEY’s name and logo, in the format and with the notices provided
or requested by EDUCAREMONEY, solely to indicate your membership in
EDUCAREMONEY.