Table of Contents:

1. About Ekagrata CA and the Platform
2. Platform Services
3. Right to Access and Account Creation
4. Pricing and Payment
5. Use of the Platform
6. User-generated Content
7. Your Conduct on the Platform
8. Feedback
9. Claims Against Use of Third-Party Intellectual Property
10. Ekagrata CA's Rights
11. Communications
12. Processing of Personal Information
13. Platform Availability
14. Deletion of Account
15. Disclaimer
16. Limitation of Liability
17. Indemnity and Release
18. Applicable Laws and Jurisdiction
19. General Provisions
20. Contact for User Support/Queries
21. Consumer Grievances
22. Contact Us

 

Welcome to Ekagrata CA! We hope that you have a great experience using our Platform.

These Terms of Service (“Terms of Service”) set out the terms and conditions for use of https://www.ekagrata.co.in//  (the “Site”), the mobile application (the “App”)  and any features, subdomains, content (except as specified hereunder), functionality, products, services (including the Services), media, applications, or solutions offered on or through the Site and/or the Application and/or through any modes, medium, platform or format, including through Secure Digital (‘SD') cards, tablets or other storage/transmitting device (hereinafter collectively referred to as the “Platform”/ “Ekagrata CA Platform”).

These Terms of Service apply to all users who register on the Platform to purchase the Tests (defined below) and access other Services (defined below) available on the Platform (“Test Taker”) or users who access the Platform otherwise (collectively referred to as “you”, “your”, or “User(s)”).

When we speak of “Ekagrata CA”, “we”, “us”, and “our”, we collectively refer to Sorting Hat Technologies Private Limited – a company incorporated in India.

These Terms of Service along with the Privacy Policy and any other terms and conditions, rules, policies or guidelines included in these Terms of Service or Privacy Policy by reference and/or as updated on the Platform or otherwise communicated to you from time to time (including terms and conditions of other third party platforms that may be used or accessed for gaining access to the Platform or using the Services on the Platform) (collectively referred to as the “Platform Term(s)”), defines the relationship between you and Ekagrata CA, and they shall govern your use of the Platform and the Services (defined below) offered therein. Your access to the Platform is subject to your acceptance of the Platform Terms and such acceptance of the Platform Terms forms a legally binding agreement between you and Ekagrata CA(“Agreement”). Hence, please take your time to read the Platform Terms in their entirety.

From time-to-time, updated versions of the Platform Terms may be made available as aforesaid for your reference. By visiting and accessing the Platform, providing your Personal Information (as defined in the Privacy Policy), using the Services offered or by otherwise signalling your agreement when the option is presented to you, you hereby expressly accept and agree to the Platform Terms. If you do not agree to any of the terms or do not wish to be bound by them, then please do not use the Platform in any manner.

All capitalized terms are defined/have the meaning assigned to it under these Terms of Service. In other words, if you find any word herein that has its first letter capitalized, then it means that we have explained the meaning such word has in the context of these Terms of Service and/or other Platform Terms; if not here, then it will be provided in the relevant Platform Terms – when we refer to any such term in these Terms of Service, we will try and specify where in these Terms of Service and/or other Platform Terms you can find the meaning/definition.

1. About Ekagrata CA and the Platform: The Platform is owned, managed, operated and offered by Sorting Hat Technologies Private Limited, a company incorporated under the (Indian) Companies Act, 2013, having its corporate office at 221 A Dwarkapuri Indore MP 452009.

 

1. Platform Services: Ekagrata CA, inter alia, is an online Platform that offers individual mock test papers (“Test(s)”) relating to subjects that form a part of the Chartered Accountancy Foundation and Intermediate exams along with evaluation services including but not related to correcting the Answer Sheets (defined below) submitted by a Test Taker (“Evaluation”) and other allied services. Once a Test-taker purchases a Test, such Test shall be added to their account and the Test Taker can schedule a time to start the Test. Once the Test has commenced, the Test Taker shall be able to view the Test only for the duration of the Test. The Test Taker shall be required to provide the answers to the questions on the Test outside the Platform on paper (“Answer Sheet”). The Test Taker shall scan the Answer Sheet, convert it to portable document format (PDF) or follow any instructions provided on the Platform before uploading the Answer Sheet for Evaluation on the Platform. The Test Taker shall receive the corrected Answer Sheet pursuant to the Evaluation. As part of the Services offered, the Test Taker may also send notes/queries related to the evaluated Answer Sheet by following the instructions available on the Platform which shall be answered as part of the Evaluation service provided on the Platform.

 

For the purpose of the Platform Terms, usage of the terms “Platform Services”/ “Services” shall mean and include all the services referred to in this section and such other products or services as may be offered by the Ekagrata CA Platform.

 

You agree and acknowledge that Ekagrata CA shall have the right at any time to change or discontinue any Service, product, aspect, or feature of the Platform, including without limitation to, the Tests, Evaluation, its availability and Supported/Compatible device required to access or use the Services. Ekagrata CA reserves the right to restrict your access to the Platform if you choose not to provide / partially provide the requested information and/or fail to adhere to the Platform Terms.

 

1. Right to Access and Account Creation: As a Test Taker, to access the Platform and use certain Services, you will be required to register and create an account on the Platform by providing the requested details.

 

To register on the Ekagrata CA Platform you must meet the ‘Age Requirements' specified hereinbelow. By using the Ekagrata CA Platform, you, through your actions, affirm that the Age Requirements are met.

 

You can register on the Platform for free however, certain Services, including Tests and Evaluation offered on the Platform may be chargeable. Please review the Service offerings on our Site. You are not obligated to purchase any product or use any Service offered on the Platform.

 

‘Age Requirements': To register on the Ekagrata CA Platform you must have attained at least 18 (eighteen) years of age. If you are less than 18 (eighteen) years, then by using the Platform, you confirm to us that your use of the Platform is with the permission of your Parent(s) (as defined below), and your Parent has read, agreed and accepted to the Agreement; and in the event of any dispute between you and Ekagrata CA pursuant to your Agreement with us, the terms of our Agreement shall be applicable to and enforceable against your Parent.

By using the Ekagrata CA Platform, you, through your actions, affirm that the Age Requirements are met.

 

A Test Taker who does not fulfill the Age Requirements mentioned above (as may be revised as per applicable laws from time to time) and is desirous of registering on the Platform i.e., if a Test Taker is a “Minor”/ “Child”, then the Test Taker may use the Platform with the consent of, and under the supervision of, their parent or legal guardian (“Parent”). Accordingly, in such a case, the Parent must agree to the Platform at the time of their registration on the Platform. Please note that minors/children are not by themselves eligible to register on the Platform. Further, the Parent understands and agrees that they shall be fully responsible for their Child's use of the Platform including all financial charges and legal liability that their Child may incur.

 

Ekagrata CA reserves the right to terminate your account or restrict your access to any Test(s) or any subscriptions purchased by you and / or restrict your access to the Platform, if it is discovered that you do not meet the Age Requirements and/or the consent to register and use the Platform is not obtained as above. You acknowledge that Ekagrata CA does not have the responsibility to ensure that You conform to the aforesaid Age Requirements. It shall be Your sole responsibility to ensure that the required qualifications are met.

 

You are responsible for maintaining the confidentiality of your account and password to access the Platform. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform and to restrict access to your device to prevent any unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other Personal Information.  You should take all necessary steps to ensure that the password is kept confidential and secure at all times, and if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you agree to immediately change your password or inform us of any unauthorized access to or use of your username or password, so that we are able to help you stop or prevent such unauthorized access. Please ensure that the details you provide us are correct and complete.

You represent that the information provided by you at the time of the registration are correct, true, and accurate, and you agree to update the same as and when there is any change in the said information. Please read our Privacy Policy to understand how we handle your information.

 

Please note that we reserve the right to reject or put on-hold your registration on the Platform as may be required to comply with any legal and regulatory provisions, and also reserve the right to refuse access to the Platform, terminate accounts, remove content at any time without providing any notice to you, and/or reserve the right to disable any account, feature, or identifiers, whether chosen by you or provided by us, at any time if, in our opinion, any information provided by you violates or you have violated, any provision of the Platform Terms or any applicable law or government policies.   

 

Further, to access the Platform, access/view the Tests or any Services offered on the Platform, you will need to use a “Supported/Compatible Device” which means a personal computer, mobile phone, or other electronic device that meets the system and compatibility requirements and on which you are authorized to operate the Platform.

 

1. Pricing: Ekagrata CA Platform does not charge any fee for registration and account creation. However, access to

 

Please read the below terms applicable for the purchase of Services on the Platform

• Your payments to Ekagarata CA shall be subject to applicable taxes including without limitation Goods and Service Taxes (GST) and Value Added Taxes (VAT) or other similar taxes as may be applicable in your country of residence/from where you have created your account on the Platform/ purchased the underlying Subscriptions.
• We reserve the right to change/revise the pricing of the Subscriptions.
• We use third-party payment gateways and/or aggregators to process payments applicable to the Services offered by us. Third-party payment gateway(s) made available to you may vary depending on the Subscription you choose. Similarly, we have also enabled integration of third-party payment providers to facilitate better payment options to you, which may vary depending on your territory or the Subscription you choose. Third-party payment gateways/aggregators and third-party payment providers shall collectively be referred to as “Third-Party Service Providers”.

 

Third-Party Service Providers may also charge you fees to use or access their services and may require your Personal Information to complete any transaction for the Platform. Further, to facilitate completion of your payments to us through the Platform or avail the payment options provided to you, you may be redirected to an external website operated by the Third-Party Service Provider. We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by the Third-Party Service Provider or its respective websites or (ii) control collection or use of your Personal Information by such Third-Party Service Provider. Hence, prior to using any services offered by a Third-Party Service Provider, we suggest that you read their terms and conditions, privacy policy and other policies, that may apply, to understand their terms of usage and to understand how your Personal information is being processed. Ekagrata CA is not affiliated to any Third-Party Service Provider and neither Ekagrata CA nor any of the Third-Party Service Provider are agents or employees of the other. Ekagrata CA is only facilitating various payment options to you and is not offering the payment by itself in any manner.

 

 

1. Use of the Platform:

 

• Ekagrata CA's Intellectual Property: All information and materials (in whatever form or media) provided or communicated to you by or on behalf of Ekagrata CA including but not limited to, the Platform, the trademarks, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, educational videos, video files, any software which is owned by or licensed to Ekagrata CA and / or its affiliates, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or elements of the Services made available by Ekagrata CA are owned or licensed to Ekagrata CA and Ekagrata CA reserves all rights therein and thereto not expressly granted by these Terms of Service. (“Ekagrata CA's Intellectual Property” or “Ekagrata CA's IP”). Ekagrata CA's IP specifically excludes any content made available by the Users, including without limitation, any reviews, or testimonials on the Platform.  Ekagrata CA's IP, including its trademarks, will not be used, modified, or altered by you in any way. You acknowledge and agree that you do not acquire any ownership or rights to Ekagrata CA's IP or the Platform by use of the Platform. You acknowledge and agree that Ekagrata CA's IP is protected by the copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the Ekagrata CA's IP and any component thereof is strictly prohibited and may result in legal / penal consequences. 

 

It is further clarified that, Ekagrata CA, its logo, and other marks indicated on our Platform are our trademarks or registered trademarks. Platform\'s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of the Platform. Ekagrata CA's trademarks and trade dress may not be used in connection with any product or service that is not Ekagrata CA's, in any manner that is likely to cause confusion among customers, or in any manner that disparages, or discredits Ekagrata CA. All other trademarks not owned by Ekagrata CA that appear on this Platform are the property of their respective owners, who may or may not be connected to Ekagrata CA.

 

• License to use the Platform: Subject to the Platform Terms, Ekagrata CA hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services through the Platform for your own personal, non-commercial and private use on an ‘as is' basis in accordance with these Terms of Service and other Platform Terms.

 

Ekagrata CA may make available on the Platform  Tests, educational content, exercises, other  materials that are owned by Ekagrata CA or its licensors ( “Licensed Content”).  Ekagrata CA grants to you a non-exclusive, non-transferable right to access and use the Licensed Content as made available on the Platform by Ekagrata CA solely for your personal, non-commercial purposes. 

Except as expressly permitted under the Platform Terms or otherwise in writing, you will not, either by yourself or through any other person, reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information). 

• Restrictions on usage of the Platform: The license granted to you is limited to the purpose defined under the Platform Terms. You shall not use the Platform for any purpose or in any manner other than as expressly permitted under the Platform Terms, and you shall not, either by yourselves or through any other person, do or cause to do, any act or omission that would result in:
• distribution, sale, rent of any part of the Platform or the Ekagrata CA's IP or Licensed Content, through any mode or medium, without Ekagrata CA's prior written authorization.
• sale or rental of any part or any derivatives based on the Licensed Content.
• Providing training or support that use or reference the Licensed Educational Content for a fee.
• alteration or modification of or tampering with any part of the Platform or result in creation of other derivative works of the Platform or the Services offered therein.
• reverse engineering, disassembly, or de-compilation of the Platform or any part thereof or result in derivation of the source code of any software included in the Platform or made available to you as part of the Services using means or processes that are deemed unauthorized and/or illegal.
• accessing or using the Platform or Services in a way intended to avoid incurring fees or exceeding usage limits or quotas.
• gaining access to another Test Taker's content to which you do not have authorized or legitimate access.
• circumvention or attempt to circumvent any limitations imposed on your account;
• probing, scanning, or testing of the vulnerability of any system or network used by Ekagrata CA, unless Ekagrata CA has given you a prior written authorization.
• sale of access to the Platform (other than as permitted under the Platform Terms) or sale of any advertising, sponsorship or promotion space on or within the Platform, without Ekagrata CA's prior written approval.
• use or launch of any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Platform in a manner that sends more request messages to Ekagrata CA'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.
• unauthorized collection or harvesting of any personally identifiable information, including account names, from the Platform, or in unauthorized use of the communication systems provided by the Platform.
• extraction of any substantial parts of this Platform for re-utilization, including through utilization of any data mining tools, robots, or similar data gathering and extraction tools, without Ekagrata CA's express prior written consent.
• purchase of search engine or other pay per click keywords (such as Google AdWords), or domain names that use the name ‘Ekagrata CA' or Ekagrata CA's trademarks and/or variations and misspellings thereof.

 

• Other terms applicable for your use of the Platform:

 

• You agree to receive installs and updates from time to time from Ekagrata CA. These updates are designed to improve, enhance, and further develop the Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Ekagrata CA to deliver these to you) as part of your use of the Platform.
• Notwithstanding anything stated to the contrary herein in this section of the Platform Terms, Ekagrata CA grants the operators of public search engines permission to use spiders to copy materials from the Platform 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. Ekagrata CA 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 may post or submit reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content so submitted or sent 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.

 

When you submit any reviews, comments or testimonials to Ekagrata CA including any images, photographs, videos or animation in such reviews, comments or testimonials, Ekagrata CA shall have the right to make such reviews comments or testimonials publicly available on its Platform and/or through any other modes, medium, platform or format. By accepting our Platform Terms, you hereby grant Ekagrata CA a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, share, display, publish, retain, make available such reviews, comments and/or testimonials on the Platform and/or on any other platform through any other modes, medium, or format.

• You will not misrepresent or embellish the relationship between Ekagrata CA and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you). You will not imply any relationship or affiliation between Ekagrata CA and you.

 

1. User-generated Content:

 

• You shall remain the sole owner of any content uploaded, published, submitted, or posted by you on the Platform, including without limitation, any text, image, media, written statements, notes, questions, comments, ratings, reviews, videos and other audio-visual materials and communications (“User-generated Content”), and Ekagrata CA does not claim any ownership over any User-generated Content uploaded by you on the Platform.
• You understand that Ekagrata CA does not guarantee any confidentiality with respect to any User-generated Content you submit.
• You shall be solely responsible for your own User-generated Content and the consequences of submitting and publishing such content on the Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User-generated Content that you submit; and you grant limited license to Ekagrata CA to all patent, trademark, trade secret, copyright or other proprietary rights in and to such User-generated Content for publication on the Platform pursuant to the Agreement for the duration the said User-generated Content is available on the Platform.
• You further agree that User-generated Content you submit on the Ekagrata CA Platform will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant Ekagrata CA all of the license rights granted herein.
• Furthermore, you confirm that you shall not host, display, upload, modify, publish, transmit, store, update or share User-generated Content or any information on the Platform that:
• is defamatory, obscene, pornographic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
• is harmful to child;
• infringes any patent, trademark, copyright or other proprietary rights of another;
• violates any law, statue, ordinance or regulation or terms of the Agreement;
• deceives or misleads any User about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• impersonates another person;
• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
• contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
• is false, inaccurate or misleading;
• obscene or contain pornography;
• contains any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

 

• You grant Ekagrata CA a non-exclusive, royalty-free, transferable and sublicensable rights to use, copy, distribute, retain and transmit User-generated Content as well as technical information collected via the Platform to the extent necessary to (i) provide the Platform and our services; (ii) perform our obligations under the Agreement; (iii) provide, monitor, correct, and improve the Platform and services related thereto; (iv) de-identify User data such that there is no reasonable basis to believe that the information can be used, alone, or in combination with other reasonably available information, to identify any individual or to identify User as the source of such data; (v) aggregate User data with other data; and (vi) comply with applicable laws.  The User represents and warrants that it has provided all necessary notices to process any personal information and to transfer any personal information to Ekagrata CA. You also hereby grant each User of the Platform a limited, non-exclusive license to access your User-generated Content through the Platform.

 

1. Your Conduct on the Platform: Your conduct on the Platform shall strictly be in accordance with the Platform Terms.

 

You understand and confirm that you shall not during your use of the Platform at any time post or publish any content, comments or act in any way which will amount to harassment or discrimination of any other User. If at any given point it comes to Ekagrata CA's notice that you have engaged in any kind of harassment or discrimination of other Users or with any person in association with your use of the Services offered on the Platform or any personnel associated with Ekagrata CA, then in such a case you agree that Ekagrata CA shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.

 

Ekagrata CA does not endorse any User-generated Content submitted on the Platform by any User, or any opinion, recommendation, or advice expressed therein, and Ekagrata CA expressly disclaims any and all liability in connection with User-generated Content. Ekagrata CA does not permit copyright infringing activities and infringement of intellectual property rights on the Ekagrata CA Platform,  and Ekagrata CA will remove all User-generated Content if properly notified that such User-generated Content infringes on another's intellectual property rights. Ekagrata CA reserves the right to remove User-generated Content without prior notice if it has reason to believe that the User-generated Content is violative of these Terms and Conditions. Please refer to the ‘Claims against use of Third-Party Intellectual Property' section below to understand the process to notify Ekagrata CA about any infringing content and the process of takedown of infringing content followed by Ekagrata CA.

 

You shall not engage in any activity that will negatively impact Ekagrata CA and/or other Users of the Platform, including without limitation, activities that involve screen-recording, screen-casting or downloading on any other device of any Test or evaluated Answer Sheet or other content made available on the Platform for your personal consumption in any manner that is not directly facilitated as feature within the Platform and/or sharing or otherwise publishing such screen-recorded content on third-party platforms, either for a cost or otherwise. If Ekagrata CA becomes aware of your engagement, either by yourself or through a third-party, in any such activity, then Ekagrata CA may immediately terminate your or such User's access along with termination and removal of access to all content with a right to initiate appropriate legal action, at the sole discretion of Ekagrata CA.

 

1. Feedback: If any User(s) submits suggestions, ideas, comments, or questions containing feedback about the Platform or any of the Services, either through the Platform or otherwise (“Feedback”), then such User(s) grants Ekagrata CA and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Feedback in any form. Users shall have no intellectual property right in the Platform as a result of Ekagrata CA's incorporation of their Feedback in the Platform.

 

1. Claims against use of Third-Party Intellectual Property: At Ekagrata CA, we respect the intellectual property of others just as much ours and, hence, if you believe that your intellectual property rights or of any person you are aware of , have been used in a way that gives rise to concerns of infringement, then kindly write to us at ___________with complete details as required hereunder.

 

If Ekagrata CA has knowledge of or has any reason to believe that any content on the Platform violates the intellectual property rights of Ekagrata CA or other Users, then we reserve the right to remove access to such content in accordance with takedown practices specified hereinbelow.

 

• COPYRIGHT COMPLAINTS AND TAKEDOWN POLICY: All complaints/ notices of alleged copyright infringements or violations received by Ekagrata CA shall be processed, investigated and appropriate actions will be taken in the following manner:

 

All complaints/ notices of alleged copyright infringements or violations received by Ekagrata CA shall be dealt with in accordance with the Indian Copyright Act, 1957 (as amended from time to time). If you, in good faith, believe that your work or that of a person you know, has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be emailed to Ekagrata CA at ___________(Subject line: “Ekagrata CA Copyright: Takedown Request - India”) which contains the information stated hereinbelow. You may also send the said information by mail at: Metis Eduventures Private Limited, 221 Dwarkapuri Indore MP 452009

 

Please note that by claiming copyright infringement you are initiating a legal process, kindly be sure to consider whether fair use, fair dealing, or a similar exception to copyright apply before you report.

 

To be effective, the notification you send to us must be in writing and contain the following information:

• an electronic or physical signature of you or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
• Your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

Please note that we may send a copy of any infringement claim received to the person whose content was reported by you as infringing, and such person will have the right to respond to your notice in accordance with the applicable laws. Only if we believe to have reasonable grounds that shows proof of any infringement or if there are any court orders, then we will take down the infringing content in accordance with the Platform Terms and applicable laws.

 

If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Platform is infringing upon a copyright, you may be held liable for damages and attorneys'/lawyers' fees.

 

• Counter-Notice: If you believe that any content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use content, you may send a written counter-notice containing the following information to Ekagrata CA's designated agent using any of the methods mentioned under ‘Copyrights Complaint' section above:
• Your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and email address, a statement that you consent to the applicable jurisdiction of the courts as per the Terms and Conditions, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by Ekagrata CA, then Ekagrata CA will send a copy of the counter-notice to the original complaining party informing that person, that it may replace the removed content or cease disabling it in 10 (ten) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 (ten) to 14 (fourteen) business days or more after receipt of the counter-notice, at our sole discretion.

 

• TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS: A product or service branded with the Ekagrata CA name or logo is a reflection of Ekagrata CA. Unless you are one of our licensees, we don't allow others to make, sell, or give away anything with our name or logo on it.

 

Further, if you believe that your intellectual property rights (other than copyrights) or that of any person you know have been used in a way that gives rise to concerns of infringement, then kindly write to us at __________ with a description of the trademark or intellectual property that you claim has been infringed, a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform, and your address, telephone number, and email address.

 

• REPEAT INFRINGER POLICY: UAX has adopted a policy of terminating users who are deemed to be repeat infringers, in appropriate circumstances and at Ekagrata CA's sole discretion. Ekagrata CA may also at its sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringes any intellectual property rights of others, whether or not there is any repeat infringement. Further, we reserve the right to remove access to any content that we know, or have reason to know, violates the intellectual property rights of Ekagrata CA or others.

 

• DESIGNATED COPYRIGHT AGENT:

 

Legal Department, Ekagrata CA

Email ID: ____________

 

1. Ekagrata CA's Rights: In respect of the entire Platform, Ekagrata CA reserves the following rights:

 

• Ekagrata CA reserves the right to put on-hold or reject or suspend or terminate your registration on the Platform for the purpose of complying with the legal and regulatory requirements.
• Ekagrata CA reserves the right to remove you without notice if you violate any provisions of the Platform Terms.
• Ekagrata CA may modify, terminate, or refuse to provide Services at any time for any reason, without notice.
• Ekagrata CA reserves the right to access your account in order to respond to requests for technical support, to maintain the safety and security of the Platform, legal purposes and for other legitimate business purposes, as necessary, in Ekagrata CA's discretion.
• Ekagrata CA has no obligation to review any conduct occurring through the Platform, however, if Ekagrata CA receives notice or becomes aware of, any violation of the Platform Terms, then, Ekagrata CA reserves the right to refuse your access to the Platform, terminate accounts or remove such violating content at any time without notice to you.

 

1. Communications: When you visit the Platform, you are communicating with us electronically. You may be required to provide a valid phone number while creating any account with us or while enrolling or purchasing any Services or Tests. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. By providing your information you authorize Ekagrata CA, its affiliates that offer similar Services through other platform, and their respective employees, agents, and contractors to initiate electronic communications by email, telephone calls, or such other mode of communication with respect to your use of the Platform and regarding the products and services offered by Ekagrata CA and its affiliates. These communications may be made by or on behalf of Ekagrata CA or its affiliates, even if your phone number is registered on any state or federal do not call list. Telephone calls may be recorded. You acknowledge that your telephone operator and/or internet service provider may have levied certain charges on you vis-à-vis your communications with Ekagrata CA as it constitutes availing their services, and you agree to be responsible for all such charges, and Ekagrata CA will not be responsible for any such charges. Do not submit your information if you do not consent to being contacted by telephone, text, email or such other mode of communication by Ekagrata CA or its affiliates. Further, you will always have an option to unsubscribe / opt out from any promotional communications sent by Ekagrata CA and / or its affiliates either by following the relevant instructions that may be communicated via text, email or such other mode of communication in which you received a promotional communication or by disabling the options provided within your account on the Platform.

 

Please note that –

 

• If you opt out of promotional communications, we may still send you transactional communications, such as service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt out of these communications. If you no longer wish to use our Platform or receive any communications from us (except for those that are legally required), then you may delete your account by either writing to us at the email address provided under ‘Contact for User Support/Queries' section below by using the option enabled within the Platform; and
• opting out of promotional communications only affects future communications from us. If we have already provided your information to a third party (as stated in our Privacy Policy) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party.
• We do not sell your Personal Information to third parties.

 

1. Processing of Personal Information: All our collection, processing, sharing and storing of any Personal Information collected from you shall be in accordance with our Privacy Policy. Kindly read the same to understand the security measures undertaken by Ekagrata CA to safeguard your Personal Information. Should have any queries in respect of the same, please feel free to right to us at

 

1. Platform Availability: Your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance, or due to the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. You agree that Ekagrata CA will not be liable for any losses that may be incurred by you if for any reason all or part of the Platform is unavailable at any time or for any period for use.

 

1. Deletion of Account: You may delete your account at any time by either writing to us from your registered email id at the email address provided under ‘Contact for User Support/Queries' section below or by using the delete option provided within your account on the Platform (if available). If your account is deleted (regardless of the reason), you will no longer have access to your account or the Services that you have purchased; any deletion once processed is irrecoverable. Ekagrata CA is not responsible for the loss of your information upon deletion. Please note that all accounts will remain active unless you explicitly ask us to delete it) or otherwise terminated in accordance with the Platform Terms.

Please note that we may not be able to delete all communications or photos, files, or other documents publicly made available by you on the Platform.

1. Disclaimer: YOU AGREE THAT THE PLATFORM, SERVICES AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Ekagrata CA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, Ekagrata CA EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR COMPLETENESS OF THE PLATFORM, CONTENT ON THE PLATFORM, OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT ON THE PLATFORM OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. Ekagrata CA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT OR THE PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Ekagrata CA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF ANY SERVICES. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

1. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Ekagrata CA, ITS AFFILIATES, THEIR RESPECTIVE 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) ERRORS, MISTAKES, OR INACCURACIES OF ANY OTHER CONTENT AVAILABLE AT Ekagrata CA, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR Ekagrata CA PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Ekagrata CA PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR Ekagrata CA PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN SERVICES PROVIDED ON THE PLATFORM OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Ekagrata CA PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Ekagrata CA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

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, Ekagrata CA AND ITS AFFILIATES LIMIT THEIR LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE Ekagrata CA PLATFORM AGAIN.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT Ekagrata CA SHALL NOT BE LIABLE FOR USER-GENERATED CONTENT OR 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 Ekagrata CA PLATFORM IS CONTROLLED AND OFFERED BY Ekagrata CA AND / OR ITS AFFILIATES IN INDIA. Ekagrata CA MAKES NO REPRESENTATIONS THAT THE Ekagrata CA PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE Ekagrata CA PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

 

1. Indemnity and Release: To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Ekagrata CA, its affiliates, their respective 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 Ekagrata CA Platform; (ii) your violation of any term of the Platform Terms; (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 defense and indemnification obligation will survive these Terms of Service and your use of the Ekagrata CA

 

You hereby expressly release Ekagrata CA, its affiliates and any of their respective officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against any of Ekagrata CA, its affiliates and any of their respective officers, directors, employees and agents under any statute, contract or otherwise.

 

1. Applicable Law and Jurisdiction: The Agreement shall be governed by and construed in accordance with the laws of India; and you agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India.

 

1. General Provisions:

• Legal Notices: In the event of any other disputes or claims arising from the use of the Ekagrata CA Platform, please get in touch with us at ________________.
• Modification, Amendment or Termination: Ekagrata CA may, in its sole discretion, modify or revise the Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Platform post any modification of the Agreement shall be taken as your consent and acceptance to such modifications. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits. You are advised to check our Platform frequently to see recent changes and to keep yourself updated with the most recent updates.
• Force Majeure: Ekagrata CA 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 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.
• Miscellaneous: If any part of the Agreement is found to be unlawful, void or unenforceable, that part of the Agreement 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 Platform shall be in writing and sent to the registered office of Ekagrata CA. We do not guarantee continuous, uninterrupted or secure access to the Platform, and operation of the Platform 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. Our 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.

1. Contact Us:

If you have concerns or queries regarding the Platform Terms, you may write to us by email at ______________ or by post to:

 

Ekagrata CA

221 A Dwarkapuri Madhyapradesh India 452009

 

Terms of Service - Version 1.0

Created on __________