By using the EduBigg.com website ("Service"), services of EduBigg ("EduBigg"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
EduBigg reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at http://www.EduBigg.com/Terms.html.
Violation of any of the terms below will result in the termination of your account. While EduBigg prohibits such conduct and Content on the Service, you understand and agree that EduBigg cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Standard Account Terms1. You must provide your legal full name, a valid email address, contact number, and any other pertinent information requested in order to complete the signup process.
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. Your login may only be used by one(1) person - a single login shared by multiple people shall not be permitted.
4. Single center plan must only be used for one(1) center only - a single center used for multiple centers shall not be permitted.
5. You are responsible for maintaining the security of your account and password. EduBigg cannot and will not be liable for any loss of information or security breaches that result from your failure to comply with this security obligation.
6. You are hereby considered fully responsible for all content posted and any and all activity that occurs under your account, even when certain content is posted by others who have accounts under your account.
7. Only one person may maintain a free account.
8. You may not use the Service for any illegal activities.
9. You must not, throughout your use of the Service, violate any applicable laws in your jurisdiction, and this is including but not limited to copyright laws.
Payment, Taxes, Refunds, Upgrading and Downgrading Terms1. The Service bills in advance on a yearly basis and is non-refundable. There will be no refunds or credits for partial months of service or upgrade/downgrade refunds. We will not make any exceptions, however extreme the circumstance.
2. Your account subscription fees will be charged in INR (Indian Rupees).
3. All fees are exclusive of taxes. GST of 18% is levied on every purchase.
4. We consider the payment process to be complete only on receipt of the amount to EduBigg’s designated bank account.
5. Services will be delivered immediately upon successful payment of fees.
6. In case of cheque payment, the billing will be activated once the cheque is cleared.
7. In case of cheque bounce, INR 500 fine will be charged.
8. EduBigg reserves the right to modify the fee structure by providing a 10 days prior notice, either by notice on the Website or through email to the Authorized User, which shall be considered as valid and agreed communication.
9. We do not entertain refund and cancellation in any circumstances.
Cancellation and Termination1. It is your responsibility to ensure that your account has been properly cancelled. An arbitrary email requesting an account to be cancelled is not considered definitive.
2. All of your Content will be immediately deleted from the Service should you initiate cancellation. This information is irretrievable once deleted.
3. Your cancellation will be effective immediately once initiated. You will not be charged again from that point forth.
4. EduBigg has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time.
5. EduBigg reserves the right at any time, with or without notice, to modify or discontinue the Service, temporarily or permanently.
6. Non-payment of fee for a continuous period of 3 months, EduBigg reserves the right to discontinue the Services to you and delete all information in your Account.
SMS rates and delivery Terms 1. You, the User of EduBigg, confirm that the mobile phone numbers to whom messages will be sent using EduBigg are authentic & belong to people you have personal, professional or business relationships with. You further confirm that you have not included in the list any number of any person(s) who is not known to you.
2. You, the User of EduBigg, confirm that you can provide, on request, an auditable acceptance or permission from all such people whom you intend to send messages to using this service, to receive messages from you via SMS.
3. You, the User of EduBigg, agree to bear all responsibility for the messages and the content sent to your group by using this service. You agree to indemnify EduBigg against all complaints and claims arising out of violation of the NCPR provisions due to your acts.
4. You, the User of EduBigg, understand and agree that it is your responsibility to consume the service within validity period offered to you, else the service will lapse after the validity period.
5. You, the User of EduBigg, understand and agree that delivery reports of messages sent through the service are dependent on data provided to EduBigg by telecom operators, which in turn is shared by EduBigg with you. If the telecom operator does not provide data on delivery reports to EduBigg, EduBigg will not be able to pass on the same to you.
6. You, the User of EduBigg, agree to follow all laws of the land and respect and abide by all directives, guidelines and circulars issued by TRAI, as maybe applicable, from time to time.
7. You, the User of EduBigg, understand and agree that telecom operators can increase the price of services at any time, and such increase being beyond the control of EduBigg, EduBigg can pass on such increase to you, fully or partially, by way of levying additional charges and /or deduction of proportionate credits from your account with EduBigg.
8. You, the User of EduBigg, agree to follow all laws of the land and respect and abide by all directives, guidelines and circulars issued by TRAI, as maybe applicable, from time to time.
9. By making or issuing payment for the EduBigg service, you agree to all the terms and conditions above.
General Conditions1. Your use of the Service is at your own risk.
2. Technical support is only provided to paying account holders.
3. You acknowledge and understand that EduBigg uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. Unless with explicit permission from EduBigg, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
5. We may remove Content and Accounts containing Content that we determine in our sole discretion are violating the terms of service, including but not limited to content deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, explicitly obscene, generally objectionable or violating any party's intellectual property.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any EduBigg employee, member, or officer will result in immediate account termination and potential criminal charges.
7. You must not transmit any worms, viruses or any other code of a destructive and furtive nature.
8. EduBigg does not guarantee in any capacity that the service will meet your specific needs.
9. EduBigg does not guarantee that the service will be uninterrupted, secure or error-free, that the results that may be obtained from the use of the service will be definitively accurate or reliable at all times.
10. EduBigg cannot guarantee that any errors in the Service will be corrected at any time.
11. You hereby and explicitly understand and agree that EduBigg is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including (but not restricted to) damages for loss of profits, data or other intangibles, by means of the use or the inability to use the service, unauthorized access to your data, or any other matter relating directly to the Service.
12. The failure of EduBigg to aggressively enforce any right or provision of the Terms of Service shall not be construed as a waiver of such right or provision. The Terms of Service outlines the entire agreement between you and EduBigg and supersedes any prior agreements between you and EduBigg including prior iterations of the Terms of Service.
13. Any questions about the Terms of Service should be sent to support@edubigg.com.
Applicable Law and Dispute Settlement1. You agree that this Agreement and any contractual obligation between EduBigg and User will be governed by the laws of India.
2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by EduBigg. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
3. Subject to the above Clause, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
