These Terms and Conditions of Use shall apply to all Users who use or access the Website (as defined below), including persons who wish to submit applications for students admissions online, that is owned by Perigon IT Edu Pvt. Ltd, a Society registered under the laws of India, , having its registered office at 803, 8th floor, Door No. 113-134, Raheja Towers, Anna Salai, Chennai- 600002, (hereinafter “the company”) being the company and administrator of the Perigon Edu, Chennai (hereinafter “Perigon Edu admin”).
The Website is essentially an online platform where Authorized Users may and gather information about the company and the Perigon Edu admin, participate in discussions, obtain contact information of the company and the Perigon Edu admin and also make online applications for students’ admissions into the Perigon Edu admin.
Once accepted or deemed accepted (as stated herein), the Terms shall form the legal contract (hereinafter “the User Agreement”) between a User and the company vis-à-vis the use and access of the Website and all other matters arising out of or in connection therewith.
Please ensure that you read and understand the Terms carefully. By accessing the Website, you agree to be bound by the Terms and signify your absolute and unqualified acceptance thereof. If you do not agree with any of the Terms, please do not use or access the Website. If you have any questions about the Terms, please contact Perigon Edu admin.
Use and access of the Website is void where prohibited. The company may amend/modify the Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms on the Website. You are required to review the modified Terms periodically (as often as possible) to be aware of such modifications. Your continued access or use of the Website shall be deemed proof of your acceptance of the Terms as modified.
In the event that you access or use the Website in contravention or violation of any of the Terms, the company shall be entitled to terminate the User Agreement immediately, block your Registered Account and remove any information or posting which is does not comply with the terms or any law in force in India. The company shall also be entitled to block access by you to the Website and/or seek any additional relief as available under law.
Unless the context otherwise requires or unless otherwise defined or provided for herein, the capitalized terms used in the Terms shall have the following meanings:
The singular includes the plural and vice versa, and words importing a gender include other genders.
All references to requirements of notice to, permission or consent of, or communication with the company shall be construed as being required to be given to, or received from, the authorized personnel alone of the company.
You may access the Website for procuring information about the company, Perigon Edu admin and related matters. Access and use of the Website is prohibited for Unauthorized Users.
In order to submit an application form for admission to Perigon Edu on the Website, you may do so by creating a Registered Account, i.e., registering yourself on the Website (in which case you will be provided with a User login ID and password by providing certain information – you may use this Registered Account for future transactions or interactions with the Website as well).
You may be required to submit certain information mandatorily in order to open a Registered Account. In the event that you do not submit such information, the company shall have the right to refuse to create a Registered Account for you or accept an application made on the Website. All such mandatory information as well as optional information shall be true and correct in every aspect. You shall be solely liable for any consequences (civil and criminal) on account of the User submitting incorrect, false, deceptive, misleading or wrong information for any reason whatsoever. The company shall not, under any circumstances whatsoever, be liable for any such incorrect, false, deceptive, misleading or wrong information submitted to the company or for ensuring the authenticity of any information. For more information on the company’s and User’s liabilities for information, please see the Disclaimer available here
Once you create a Registered Account, you may proceed to submit the application form for students’ admission. For further information on the use of information, your liability for information submitted and related matters, please read the relevant terms in the User Agreement carefully. Please ensure that you fill all information in the application form correctly before proceeding to the payment stage. The information on the application form will not be allowed to be modified after submission.
After completing the application form, you will be redirected to the payment stage, where you may choose to pay the aforementioned fee in any of the following methods:
Some of these payment methods may not be available at all times, and you may be required to choose another form of payment. Further, each payment method you choose may be subject to certain restrictions or conditions as detailed in these Terms. Please ensure all the payment being carried out or done by adults incase 18+ as the application deals with small childrens.
Where you use a debit card, credit card, you must provide us with the correct information pertaining to the cardholders name, card type, the card number, the card expiry date and the security code on the back of the card (if any), in order to make payment on the Website. You shall be responsible for the correctness of the information provided.
Once you choose a payment method, you will be redirected to a secure payment gateway where you will be required to complete your transaction. Please note that such gateway is a third party site and will be governed by its own terms and conditions. We shall not be responsible for any activity, security breaches, claims or losses of any nature whatsoever that may occur on such site. For further information on our liability for third party sites, please see the Disclaimer available here.
No refunds will be made for the fee under any circumstances whatsoever, including (without limitation) incorrectness of information submitted, discontinuation of a student for any reasons or otherwise.
However, if payment is made twice for a single invoice due to some technical issues and your account has been debited twice, please mark a mail to firstname.lastname@example.org and the amount will be refunded as per Bank policy.
“Confidential information” shall mean and include, but is not restricted to, all information that is technical, and commercial concerning business, books of record and account, financial data, systems, software, services, wages related information, documents, prototypes, samples, media, documentation, discs and code, trade secrets, know-how, proprietary information (including listings and member directories), business and marketing plans, financial and operational information, and all other non-public information, material or data relating to the current and/ or future business and operations of the company or its group companies, partners and affiliates, and analysis, compilations, studies, summaries, extracts or other documentation whether in written or oral form, provided by the company or a third party Person on behalf of the company to the User pursuant to access or use of the Website, or any other information which may come to the knowledge of the User and whether or not marked as Confidential Information.
The User here to agrees that the User shall not disclose the Confidential Information to any third party under any circumstances whatsoever without the prior written consent of the company.
Further, the User shall reveal Confidential Information to its employees or agents or other associates strictly on a “need to know” basis and shall impose upon them the confidentiality obligations stated herein.
The obligation of non-disclosure described in the Agreement however, will not be deemed to restrict the User from using and/or disclosing any of the Confidential Information which:
No User shall use Confidential Information obtained from the Website for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way or reproduce, copy, access or download such Confidential Information for any purpose other than the User’s internal or personal purposes.
Any violation of the above terms by the User shall be treated as a material breach of the terms entitling the company to terminate the User Agreement, seek injunctive relief, damages and any other relief provided under law against such User.
Upon the termination of the User Agreement, the User shall return to the company all original documents, records, data and other material in the possession, custody or control of the User forming a part or incorporating any Confidential Information therein.
The obligations set forth in this clause shall inure irrespective of the termination of the User Agreement for any reasons whatsoever.
All logos, brands, trademarks and service marks pertaining to the company and/or its associates or partners shall be the sole property of the company, its associates or partners respectively and all rights of any nature whatsoever (whether statutory, common law rights or otherwise) shall vest with such Person alone. Access to the Website does not confer upon the User any license or right of any nature to use such logos, brands, trademarks and service marks and the User is prohibited from using the same in any manner. In the event that the User violates the above terms, the company of the rights in such logos, brands, trademarks and service marks shall be entitled to proceed against the User for the protection of its rights, including (but not limited to) injunctive relief and damages. The company also owns all the Intellectual Property rights in the databases, layout and design of the Website.
Any use by the User of such Intellectual Property (whether during the term of the User Agreement or thereafter) for any reason whatsoever or in any media whatsoever, or any act committed by any User with the intention to violate or facilitating the violation of such Intellectual Property rights shall constitute a violation of the Intellectual Property rights of the company and the company shall be entitled to take all action and/or initiate all legal proceedings of any nature in order to protect its rights and prevent further violation thereof, including (but not limited to) damages and injunctive relief.
The company, as a policy, also stands for and respects the Intellectual Property rights of all its Users and third party Persons and shall endeavour to and provide assistance for the protection of such Intellectual Property rights. In the event that a User violates the Intellectual Property rights of the company or another User, or commits any act with the intention to violate or facilitating the violation of such Intellectual Property rights, the company shall be entitle to terminate the User Agreement with such User without notice or reasons and take any further legal action against such User as available under law for the protection of the company’s rights and to claim damages from such User.
All licenses, permits, approvals, permissions and other rights of any nature whatsoever as may be required for accessing the Website by a User shall be obtained by the User at his/her own cost.
In addition to the obligations on the User contained elsewhere in the Terms and without prejudice to the generality of any other prohibition contained therein, every User shall be prohibited from the following:
In the event that you become aware of a violation of the above terms by another User, we would request you to please inform our Grievance Officer (whose details are given below in this document) in writing or through email signed with an electronic signature of the same in as much detail as possible. Before we take any action, we may request you for further information as required by us or by law (as amended from time to time), based on which will we consider the next course of action to be adopted against such violations.
In the event that the User breaches, violates or does not comply with any of the above mentioned covenants, then, without prejudice to any other rights of the company under the Terms or under law, the company shall have the following rights:
The company shall have the right, at its sole discretion, to carry out maintenance, repair, upgrading, testing, updating content or other works on the Website or to its servers at any time, and for such reason may deactivate or suspend the User’s Registered Account, access to or use of the Website. The company shall not, for any reason whatsoever, be liable for losses and damages of any nature whatsoever on account of the above.
The company does not endorse or recommend any advertiser or any of their products or services. All correspondences, commercial dealings and transactions of any nature whatsoever by a User with such an advertiser, and all the terms of such dealings transactions (including but not limited to sale prices, fees, warranties, representations and other conditions) shall be at the User’s own risk and as agreed between such advertiser and the User alone. The company shall not, under any circumstances whatsoever, be held liable for any aspect or dispute arising out of or in connection with any such dealings or transactions.
The company may, without notice in its sole discretion, and at any time and without giving notice or reasons, terminate the User Agreement with any User and/or or restrict a User’s use or access to the Website (or any part thereof) for the following reasons:
The above termination shall be without prejudice to the other rights of the company whatsoever.
In addition to the above, either the company or a User may terminate the User Agreement by giving the other a prior written notice of 90 days to this effect without assigning reasons. At the discretion of the company, such notice period may be waived or reduced by the company vis-à-vis a User.
In the event that any User commits or attempts to commit or abets the commitment of, in the sole discretion and opinion of the company, a breach of any nature whatsoever of the Terms or the User Agreement, whether in letter or spirit, then without prejudice to the rights of the company contained elsewhere in the Terms or under law, the company shall have all the following rights:
In the event that a User is blocked, suspended or otherwise prevented or prohibited from accessing the Website and/or the User’s Registered Account, then the User shall not attempt to access the Website through another User’s Registered Account or by creating another Registered Account or through any other false identity.
If the company’s performance of any of its obligations hereunder is prevented, restricted or interfered with by reason of fire or other casualty of accident, strike or labour disputes, maintenance or failure of any network, computer resource, system or server, failure of the server’s uptime, war or other violence, any law or regulation of any Government, or any act or condition whatsoever beyond its reasonable control (each such occurrence being hereinafter referred to as “Force Majeure”) then the company shall be excused from such performance to the extent of such prevention, restriction and interference provided, however, that the company shall give notice (except where such notice is impractical or not possible) to the User of such Force Majeure, including a description, reasonably specifying the cause of non-performance hereunder, whenever such causes are removed.
In the event that the company’s performance of any of its obligations hereunder is delayed as a result of a Force Majeure, the obligation of the company to perform such obligation shall stand extended for the term the Force Majeure existed. However in case the company is unable to perform any material obligation under this Agreement for a continuous period of 180 (one hundred and eighty) days because of any Force Majeure, then either of the Parties will have the right to terminate this Agreement effective 30 (thirty) days after the expiration of such 180 (one hundred and eighty) days period from the date the act of Force Majeure has occurred.
The User agrees that the User shall indemnify and keep indemnified the company, its group companies, subsidiaries, associates, employees, licensees and partners from all or any losses, damages, suits, claims, charges, proceedings, actions, demands and costs of any nature whatsoever incurred by such Person on account of any act or omission of the User while using or accessing the Website or a breach of the Terms committed by the User.
While the company has taken steps to ensure that all the information on the Website is correct, the company does not guarantee and shall not be responsible for the quality, accuracy or completeness of any data, information, product or services, except as specifically mentioned in the Terms.
The company shall not be responsible for any losses, damages, costs, claims, charges, suits or proceedings of any nature whatsoever (whether direct, indirect, punitive, exemplary, consequential, under tort, or for loss of profit, reputation or goodwill, costs of procuring substitute services, costs on account of loss or unauthorized use or access of information on the Website, third-party actions) arising out of or in connection with the use or access of the Website by a User for any reason whatsoever. The generality of the foregoing shall not prejudice the specific disclaimers stated elsewhere in the Terms.
The relationship between the company and the User shall be on a principal-to-principal basis and nothing in the Terms shall be construed so as to imply a relationship of agency, employment, partnership, joint venture, franchise or technical collaboration between both the company and the User.
These Terms and the User Agreement shall be governed by and construed in accordance with the laws of India. All disputes arising out of or in any way connected with these Terms and/or the User Agreement shall be deemed to have arisen at Chennai, India and the appropriate courts of law in Chennai, India shall have exclusive jurisdiction to resolve the same.
Failure to exercise any right under these Terms, in any one or more instances, shall not constitute a waiver of such rights or any other rights in any other instances.
If one or more of the provisions hereof shall be void, invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality, and enforceability of the remaining provisions herein contained shall not be affected or impaired in any way.
The company may assign the User Agreement to any Person without notice to the User. The User shall not be entitled to assign the User Agreement, either fully or in part, with any of its rights and obligations to any other Person without the prior written consent of the company.
No oral agreement exists between the User and the company. The User Agreement shall constitute the entire and exclusive agreement between User and the company with respect to the subject matter hereof, and shall supersede and subsume any prior agreements, documents and or communications regarding such subject matter.
All notices shall be in English and in writing and sent to the following addresses:
Notices by the company to a User shall be displayed on these Terms, elsewhere on the Website or sent to the User at the abovementioned address.
In the event that a User has any other grievance in relation to the Website, or if a User becomes aware of an abuse or violation of the Terms, then the User may contact the company’s Grievance Officer at the following address:
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