The terms “We” / “Us” / “Our” / “Company” / “KnowledgeBay” individually and collectively refer to the app where “KnowledgeBay” term is used in the name and which is built and operated by the company AS EDUCATION SOLUTION and the terms “Visitor”/ “User” refer to the users.
This Page states the Terms and Conditions under which you (Visitor) may visit our websites (www.aseducationsolution.com, www., www.knowledgebay.net) or use our Mobile App (where “KnowledgeBay” term is used in the name and built and operated by AS Education Solution).
Use of Content
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website and the app. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. You may not sell or modify the content of this Website and the app or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
Revision to Terms
We may revise these Terms from time to time, and we will try to provide you with at least seven (7) days advance notice prior to any new terms taking effect. However, in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We may announce changes through the KnowledgeBay site, and/or by sending a notification to the phone number you have provided to us. After we have updated these Terms, you may continue to access or use our Service after those revisions become effective, in which case you have agreed to be bound by the revised terms, or you can immediately stop using our Service.
Use of the Service; License Grants
Our Service allows you to store, access, organize, view, display, and share Content (as defined below) through our mobile softwares (where the “KnowledgeBay” term is used in the name and built by AS Education Solution).
So long as you are not prohibited from using the Service under the laws of your jurisdiction, we grant you a revocable, limited, non-exclusive license to use the Service subject to these Terms until you choose to terminate your use of the Service (by not using the service or terminating your account) or until we terminate/suspend your Account (as defined below) pursuant to these Terms.
In addition, we grant you a personal, worldwide, revocable, non-assignable and non-exclusive license to use KnowledgeBay Software provided to you by or on behalf of KnowledgeBay, for the sole purpose of enabling you to use KnowledgeBay Software and access the Service, subject to any applicable license terms provided with KnowledgeBay Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in KnowledgeBay Software or the Service. If you download KnowledgeBay Software to your mobile device or computer, you may be asked to agree to an end user license agreement (“EULA”). The EULA will take precedence if there is a conflict between the terms contained in the EULA and these Terms, but only to the extent of such conflict.
You may not:
(i) copy, modify or distribute KnowledgeBay Software for any purpose;
(ii) transfer, sublicense, lease, lend, rent or otherwise distribute KnowledgeBay Software or the Service to any third party;
(iii) decompile, reverse-engineer, disassemble, or create derivative works of KnowledgeBay Software or the Service; or
(iv) use KnowledgeBay Software or Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
Obtaining equipment such as a mobile device, and paying for connectivity and data plans is your responsibility. KnowledgeBay has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.
Creating a KnowledgeBay Account
You may need to register and create an account (“Account”) in order to use those aspects of our Services which requires the creation of an Account.
If you are under the age of 18 and reside in India, you represent that your parent or legal guardian has reviewed and agreed to these Terms.
If you reside outside India, by creating an Account and using the Service, you represent and warrant that you are 18 years of age or over and have the right, authority and capacity to enter into these Terms, or you are the legal age required to form a binding contract in your jurisdiction.
When creating an Account, you may be required to provide certain personal information about yourself. You will also need to provide a username and your Postal Index Number Code (PIN Code). You agree to provide accurate, current and complete information about your Account.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the accuracy, completeness, and confidentiality of your Account and you will be responsible for all activities that occur under your Account, including activities of others to whom you have provided access to your Account. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account secure. If you discover any unauthorized use of your Account or suspect that anyone may be able to access your private Content, you should immediately notify us via email to aseducationsolution(at)gmail.com.
Our Service allows you and other users to store, access, organize, view, display, share and otherwise make available and access certain information, images, videos, text and/or other content (“Content”). You are responsible for the Content that you submit to the Service, including its legality, reliability, and appropriateness. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
However, in order for us to provide Services to you, we must obtain from you certain rights and licenses to the Content you submit. These rights and licenses are necessary so that our storage, access, distribution, reproduction, processing, and related handling of your Content in order to provide Services to you does not infringe copyright and other related laws. Therefore, by using the Service, you grant us a non-exclusive, transferable, sub-licensable, fully paid and royalty-free, worldwide right and license to modify, delete from, add to, publicly perform, publicly display, reproduce, translate, distribute, and otherwise use your Content on and through the Service, except that the use of your Content will be subject to your privacy settings. Subject to your privacy settings, you agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You also agree that KnowledgeBay has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion. The license you grant to KnowledgeBay in connection with your Content ends when you delete your Content or your Account unless your Content has been shared with others, and they have not deleted it.
You agree that these rights and licenses include a right for KnowledgeBay to make such Content available to, and pass these rights along to, others with whom KnowledgeBay has contractual relationships related to the provision of the Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if KnowledgeBay determines such access is necessary to comply with its legal obligations. If you elect to use any third party service or application that is integrated with KnowledgeBay, you also agree that the licenses granted to KnowledgeBay in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application. If the third party service or application you elect to use would access or extract Content, you grant KnowledgeBay the right and license to enable such access to your Content.
You represent and warrant that:
(i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and
(ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We don’t have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.
You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service.
While you own the Content you store with KnowledgeBay, you agree that KnowledgeBay (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service. KnowledgeBay Software and Service are protected by copyright, and other laws of India and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to KnowledgeBay Software and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying KnowledgeBay Software or the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding KnowledgeBay Software or the Service (“Feedback”) will be the sole and exclusive property of KnowledgeBay and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification to KnowledgeBay by providing us with the following information in writing :
You can contact us in connection with the above copyright policy via email at aseducationsolution(at)gmail.com.
Our Service should be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service:
(i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;
(ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
(iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;
(iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms;
(v) violate any applicable law or regulation; or
(vi) encourage or enable any other individual to do any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You are prohibited from violating or attempting to violate the security of the website and the KnowledgeBay software, including without limitation,
(i) accessing data not intended for such user or logging into a server or account which you are not authorized to access,
(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
(iii) attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or crashing, or
(iv) sending unsolicited electronic mail, including promotions and/or advertising of products or services.
Violations of system or network security may result in civil or criminal liability. KnowledgeBay and/ or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You may not use the website and the KnowledgeBay software in order to transmit, distribute, store or destroy material
(a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulations,
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or
(c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
Links to Third Party Sites
The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.
Our Service may, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service. Inasmuch as some advertising or other content we provide will be based upon information provided by third parties, we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other content. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
Changes to the Service
KnowledgeBay may, in its sole and absolute discretion, make changes to the Service from time to time and/or stop (permanently or temporarily) providing the Service (or certain aspects of the Service), with or without prior notice to you. You acknowledge that certain actions by KnowledgeBay may restrict or prevent you from accessing your Content or using the Service, for limited periods or permanently, and agree that KnowledgeBay has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you find that any such modifications or interruption of the Service adversely affects you, you may notify us, explain the adverse impact the modification has created and, if you desire, request a termination of your Service. Upon receipt of any such request, we will extend the duration of your Service subscription for a period of time equal to the interruption and/or refund a portion of your Service subscription fee equal to the remaining unused term of the Service subscription, in our sole discretion.
Refund and Cancellation Policy
To know our Refund and Cancellation Policy click here.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we have the right to suspend or stop your access to or use of KnowledgeBay Software and/or Service. We will notify you by email or at the next time you attempt to access your Account. You may also delete your Account at any time.
You unilaterally agree to indemnify and hold KnowledgeBay, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the whatsoever arising from or resulting from their use of www.aseducationsolution.com or knowledgeBay App, their breach of the terms, any violation of these Terms or any other actions connected with your use of the Service (including all actions taken under your Account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the Account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
You understand and agree that KnowledgeBay Software and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis, WITHOUT ANY WARRANTIES EXPRESS OR IMPLIED. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Without limiting the foregoing, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption). We make no warranty that ANY ASPECT OF THE Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis, THAT ANY ERRORS IN ANY SOFTWARE OR SERVICE WILL BE CORRECTED, OR THAT THE SERVICE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
Limitation of Liability
WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
(i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE KnowledgeBay SOFTWARE OR SERVICE;
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
(iii) ANY CONTENT OBTAINED FROM THE SERVICE;
(iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR
(v) ANY OTHER MATTER RELATING TO OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR THE SERVICE IS TO STOP USING THEM.
If you require any more information or have any questions about our mobile app or site’s disclaimer, please feel free to contact us by email at aseducationsolution(at)gmail.com
All the information on this website – www.aseducationsolution.com and mobile app built by AS Education Solution – is/are published in good faith and for general information purpose only. AS Education Solution does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this app and website (AS Education Solution), is strictly at your own risk. AS Education Solution will not be liable for any losses and/or damages in connection with the use of our website and app.
From our website and mobile app, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone ‘bad’.
Please be also aware that when you leave our website and app activity, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.
User agrees that neither knowledgeBay nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if KnowledgeBay has been advised of the possibility of such damages.
User further agrees that KnowledgeBay shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that KnowledgeBay shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall KnowledgeBay’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to KnowledgeBay if any, that is related to the cause of action.
These Terms constitute the entire agreement between you and KnowledgeBay and govern your use of the Service, except, and then only to the extent that you have entered into another agreement with KnowledgeBay (i.e. a EULA). These Terms supersede any prior agreements or earlier versions of these Terms between you and KnowledgeBay for the use of the Service. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party. The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. Any amendment to or waiver of this Statement must be made in writing and signed by us.
KnowledgeBay reserves all rights not expressly granted to you.
By using our website and app, you hereby consent to our disclaimer and agree to its terms.
Should we update, amend or make any changes to this document, those changes will be prominently posted here.
Questions & Contact Information
Please contact us via “Contact Us” link if you have any questions about our Terms.
Last updated January 22, 2019