- a. contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third party website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
- b. make any libellous or defamatory comments or postings to or against anyone;
- c. collect personal data about other users or entities for commercial or unlawful purposes;
- d. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, except for internet search engines (eg. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
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- e. post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
- f. attempt to gain unauthorised access to computer systems owned or controlled by Student Benchmark or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site.
- g. use any automated device or software that enables the submission of automatic postings on Student Benchmark without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
- h. Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.
Student Benchmark does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. Student Benchmark has no obligation to monitor the Site, Service, Content, or User Submissions. However, Student Benchmark reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Student Benchmark is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. Student Benchmark also reserves the right to access, read, preserve, and disclose any information as Student Benchmark reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Student Benchmark, its users and the public.
Technical Failures
It is possible that you may face disruptions, including, but not limited to errors, disconnections or interferences in communication in the internet services, software or hardware that you have used to avail our Service. Student Benchmark is not responsible for such factors in the disruption or interruption in the Service and you take full responsibility with complete knowledge for any risk of loss or damages caused due to interruption of services for any such reasons.
Advertisements, Third Party Sites and Services
Some of the Student Benchmark Services are supported by advertising revenue and may display advertisements, promotions, and links to third-party websites. You hereby agree that Student Benchmark may place such advertising and promotions on the Student Benchmark Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Student Benchmark's control, and you acknowledge that Student Benchmark is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Student Benchmark or any association with its operators. You further acknowledge and agree that Student Benchmark shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Termination
Student Benchmark may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by contacting us at business@sigla.co.in till we develop the procedure on the website and apps. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer
Save to the extent required by law, Student Benchmark has no special relationship with or fiduciary duty to you. You acknowledge that Student Benchmark has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what affects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release Student Benchmark from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Student Benchmark makes no representations concerning any Content contained in or accessed through the Service, and Student Benchmark will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service and cannot be held liable for any third-party claims, losses or damages.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Service,
particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
THE SITE, SERVICE AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
STUDENT BENCHMARK, AND ITS AFFILIATES, TEAM, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You shall defend, indemnify, and hold harmless Student Benchmark, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Student Benchmark). Student Benchmark reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Student Benchmark in asserting any available defences.
Limitation of Liability
ALL LIABILITY OF STUDENT BENCHMARK, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF THE SITE, SERVICE, CONTENT OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF STUDENT BENCHMARK, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO THE VALUE OF STUDENT BENCHMARK'S SERVICES AVAILED BY THE USER FOR 12 MONTHS PRIOR TO THE INITIATION OF A CLAIM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STUDENT BENCHMARK, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT STUDENT BENCHMARK, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT OR USER SUBMISSIONS FOR:
● INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
● LOSS OF ACTUAL OR ANTICIPATED PROFITS;
● LOSS OF REVENUE;
● LOSS OF GOODWILL;
● LOSS OF DATA;
● LOSS OF ANTICIPATED SAVINGS;
● WASTED EXPENDITURE; OR
● COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, STUDENT BENCHMARK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Governing Law
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Student Benchmark agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Terms of Use and all other policies available on this Service shall be interpreted and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms of Use and/ or other policies available on this App, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by a sole arbitrator in accordance with the Arbitration Rules of the the Arbitration and Conciliation Act, 1996 for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitrator is to be solely appointed by Student Benchmark. The seat and venue of Arbitration shall be India and the language of proceedings shall be English. Subject to the foregoing, the Courts of India shall have exclusive jurisdiction over any disputes relating to the subject matter, herein.
Notwithstanding the foregoing, if a dispute arises with respect to the validity, scope, enforceability, inventorship, ownership, infringement, breach or unauthorised use of any patent, trademark, copyright or other intellectual property right or any non-proprietary data owned and/or controlled by Student Benchmark, whether or not arising from the Terms of Use, such dispute (at the option of Student Benchmark) shall not be submitted to arbitration and instead, Student Benchmark shall be free to initiate litigation, including but not limited to a claim for interim injunctive relief, in a court of competent jurisdiction, in any country or other jurisdiction in which such rights apply.
Integration and Severability
These Terms of Use are the entire agreement between you and Student Benchmark with respect to the Service and use of the Site, Service, Content or User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Student Benchmark with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Student Benchmark must provide you with written notice of such waiver through one of its authorised representatives.
Modification of Terms of Use
Student Benchmark reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. Student Benchmark may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. You shall also be notified of any modifications to these Terms of Use as and when effected or at least once a year.
Other Provisions
Claims of copyright or trademark infringement should be sent to Student Benchmark's designated agent. If you believe that someone is infringing your copyright or trademark rights on the Site, you can report it to us by contacting our designated agent at business@sigla.co.in with a report containing the following information:
a. your complete contact information (name, mailing address and phone number),
b. a detailed description of the Content that you claim infringes your copyright or trademark along with details on how it infringes upon your copyright or trademark,
c. the web address (URL) of the infringing content,
d. a declaration that you are filing this report in good faith and that all the information provided is accurate and that you are the owner of the copyright and/or trademark in question.
Please attach your digital signature or physical signature to the report.
Within 36 hours of receiving this notice with the above mentioned details, we will take down the allegedly infringing material from public view while we assess the issues identified in your notice.
On completion of the take-down procedure above:
● If the complainant is successful in obtaining an order of injunction from a court of competent jurisdiction within 21 days from filing the complaint, the material will be permanently removed from Student Benchmark's Site and database upon Student Benchmark being provided with a copy of such order;
● If the complainant is not successful in obtaining an order of injunction from a court of competent jurisdiction within 21 days from receiving notice from the complainant, the material will be made available for public view once again.
Before you submit a report of infringement, you may want to send a message to the person who posted the Content. You may be able to resolve the issue without contacting Student Benchmark. Please remember, only the copyright/trademark owner or their authorised representative may file a report of infringement. If you believe something on the Site infringes someone else's copyright/trademark, you may want to let the rights owner know.
Notice
Student Benchmark may give notice by means of a general notice on the Site / Service, notification within the mobile application on your account, electronic mail to your email address in your account, or by written communication sent to your address as set forth in your account. You may give notice to Student Benchmark by written communication to Student Benchmark's email address at business@sigla.co.in or physical address at RB-6, Bengal Ambuja, City Centre, Durgapur, India - 713216.
General
You may not assign or transfer these Terms of Use in whole or in part without Student Benchmark's prior written approval. You hereby give your approval to Student Benchmark for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Student Benchmark's equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Student Benchmark or any Third Party Provider as a result of the contract between you and Student Benchmark or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words "including" and "include" mean "including, but not limited to."
Miscellaneous
Student Benchmark shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Student Benchmark's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Student Benchmark's prior written consent. Student Benchmark may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Contact
You may contact us at the following address:
Sigla Technologies Private Limited
RB-6, Bengal Ambuja, City Centre, Durgapur, India - 713216
Email: business@sigla.co.in