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Welcome to Edukan on Rent!

The following terms and conditions (“Terms of Service”) together with our Privacy Policy (“Privacy Policy”) (collectively, the “Edukan on Rent Terms”) govern your use of the Platform and/or the Services. The Edukan on Rent Terms constitute a binding and enforceable legal contract between you and Maisha Infotech Pvt Ltd. and its Affiliates – so please read them carefully. Edukan on Rent By using the Platform and/or the Services, you agree to be bound by the Edukan on Rent Terms. The Edukan on Rent Terms constitute a binding and enforceable legal contract between you and Maisha Infotech Pvt Ltd. and its Affiliates – so please read them carefully. If you do not agree to the Edukan on Rent Terms, do not access and/or use this Platform or the Services. Edukan on Rent Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Users with Edukan on Rent Accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Information Technology Act, 2000 ("IT Act") and the Indian Penal Code, 1860 ("IPC") of India.

1. Definitions and Interpretation

1.1. Unless otherwise defined, the definitions and provision in respect of interpretation set out in Schedule 1 (“Definitions and Interpretation”) will apply to these Terms of Service.

2. Edukan on Rent Account

The following terms and conditions (“Terms of Service”) together with our Privacy Policy (“Privacy Policy”) (collectively, the “Edukan on Rent Terms”) govern your use of the Platform and/or the Services.

The Edukan on Rent Terms constitute a binding and enforceable legal contract between you and Maisha Infotech Pvt Ltd. and its Affiliates – so please read them carefully. Edukan on Rent

By using the Platform and/or the Services, you agree to be bound by the Edukan on Rent Terms. The Edukan on Rent Terms constitute a binding and enforceable legal contract between you and Maisha Infotech Pvt Ltd. and its Affiliates – so please read them carefully. If you do not agree to the Edukan on Rent Terms, do not access and/or use this Platform or the Services.

Edukan on Rent Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Users with Edukan on Rent Accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Information Technology Act, 2000 ("IT Act") and the Indian Penal Code, 1860 ("IPC") of India.

3. Privacy

3.1. As part of using the Services (and Third-Party Services we make available through the Platform and/or the Services), Edukan on Rent and/or Third-Party Service providers may require the collection, access and use of personally identifiable information pertaining to you, your company and End Users, including the activities or navigation undertaken by you and End Users through the Services and/or User Websites. You acknowledge and agree that our Privacy Policy and each such Third-Party Services’ privacy policy govern such activities.

4. General use of Services and/or access to the Platform

Your Obligations. You undertake and agree to:

  • 4.1. Comply with any and all guidelines, notices, operating rules and instructions pertaining to the use of the Services and/or access to the Platform, as may be amended by us from time to time;
  • 4.2. Be solely and fully responsible for all activities that occur under your Account and/or User Website and for any of your User Content, whether or not authorised by you;
  • 4.3. Comply with all applicable laws including any specific laws applicable to you and your End Users;
  • 4.4. Regularly save and back up any of your User Content and information pertaining to your End Users, your User Products and any applications or Third-Party Services used by you.

Restricted Activities. You agree and undertake not to:

  • 4.5. Use the Platform or Services for illegal or unauthorised purposes;
  • 4.6. Post, promote or sell through the Platform or Services any Prohibited Products or initiate fraudulent or deceptive communication;
  • 4.7. Post, transmit or display any User Content in a context which may be deemed as scandalous, defamatory, libellous, obscene, profane, harassing, threatening, abusive, racist, offensive, inflammatory, deceptive or fraudulent, encouraging unlawful conduct, or which otherwise violates the rights of Edukan on Rent or any third party (including any intellectual property rights privacy rights and/or contractual rights);
  • 4.8. Upload, post or transmit any information, content, or proprietary rights that you do not have a right to transmit;
  • 4.9. Use another User’s Account in any capacity;
  • 4.10. Copy, duplicate, reverse engineer, sell, resell or exploit any portion of the Services or copyrightable materials or any other content on the Platform which is or may be subject to intellectual property rights without the express written permission of Edukan on Rent;
  • 4.11. Purchase search engine or other pay per click keywords (such as Google AdWords) or domain names that use Edukan on Rent or Edukan on Rent s trademark and/or variations and misspellings thereof;Edukan on Rent
  • 4.12. Remove existing Edukan on Rent trademarks and logos from the templates;
  • 4.13. Impersonate any person or entity or provide false information on the Platform and/or User Website;
  • 4.14. Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Edukan on Rent or any third party endorses you, your User Website or your User Products;
  • 4.15. Attempt to gain unauthorised access to any part of the Platform, the server(s) on which the Platform is stored, or any other server, computer or database connected to the Platform and the Services;
  • 4.16. Use or upload any software or material that contains, or which you have a reason to suspect that contains viruses, damaging components, malicious code of harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of the Platform and/or Services;
  • 4.17. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Edukan on Rent s systems or networks connected to the Services, attack the Platform by means of a denial of service attack, a distributed denial of service attack, spam or otherwise interfere with or disrupt the operation of any of the Services or the servers or networks that host them;
  • 4.18. Act in a manner that may be perceived as damaging to our reputation and goodwill or which brings Edukan on Rent into disrepute or harm;
  • 4.19. Abuse or use threatening language in verbal or written form (including threats of abuse or retribution) towards any of our Users, employees (including external consultants), officers or members; or
  • 4.20. Copy or plagiarise content or material from Edukan on Rent’s Platform or communication channels.
  • 4.21. By breaching the provisions of the Edukan on Rent Terms, you may be committing a criminal offence under the Computer Misuse and Cybersecurity Act The Information Technology Act, 2000 ("IT Act") and the Indian Penal Code, 1860 ("IPC") We will report such breaches to the relevant authorities, and we will cooperate fully with those authorities by disclosing your identity and/or details to them.
  • 4.22. If you materially breach the provisions of the Edukan on Rent Terms, we reserve the right to take one or more of the following actions:

    (a) issue a written warning to you and/or;
    (b) shut down your User Website and/or;
    (c) commence legal proceedings against you and/or; and (d) any other actions which we deem reasonably appropriate under the circumstances.

  • 4.23. We exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of the Edukan on Rent Terms.

Our Rights. We reserve the right to:

  • 4.24. Monitor, screen and remove any User Website or User Content from the Platform, and/or request that you remove any User Content from your User Website within a stipulated timeframe. We may (but are not obliged to), in our sole discretion, investigate any violation of the Edukan on Rent Terms and take the actions we deem appropriate;
  • 4.25. Restrict access to, disrupt services or delete your Account for any reason whatsoever and at any time;
  • 4.26. Report any activity we suspect to be in violation of any applicable law to the appropriate authorities and cooperate with such authorities;
  • 4.27. Request any information from you in connection with your use of the Services and/or access to the Platform at any time;
  • 4.28. Provide our Services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that our employees and contractors may also be our merchants and that they may compete with you, although they may not use your confidential information in doing so;
  • 4.29. Include any User Content or User Product on Edukan on Rent Global in a category, using our sole discretion, which may be different to the category, if any, chosen by you for the same User Content or User Product on the Platform; and
  • 4.30. Reject your application for an Account, unpublish an existing account, cancel a subscription or delete an existing Account for any reason, in our sole discretion.

5. User Content and User Products

  • 5.1. Our Layout Templates.
  • To the extent supported by the functionalities available, you may modify Edukan on Rent's layout templates to suit your User Website. Not all aspects and sections of Edukan on Rent layout templates may be edited by you, as we reserve the right to keep some of these aspects / sections locked in order to ensure a proper functioning of the Platform and the Services. We may add or modify the footer that refers to Edukan on Rent in our sole discretion at any time and without previous communication. You must not copy, duplicate, reverse engineer, sell, resell or exploit any content on the layout templates which is or may be subject to intellectual property rights. We may modify our layout templates in our sole discretion, notably where we believe there is any element that may be unlawful, offensive, threatening or otherwise objectionable or that violates any person’s intellectual property rights, even if you have received the template in that condition and is using that particular template in your User Website. We may also modify the design to reflect technical changes and updates as required.

  • 5.2. Domain name.
  • If a sub-domain or a custom domain name is obtained through the Platform or by Edukan on Rent that sub-domain or custom domain name is owned by Edukan on Rent and is not transferrable to you, even in the event of a cancellation of your subscription or deletion of your Account. If you own your custom domain name, you are solely responsible for handling all matters related to your custom domain directly with your domain provider. Please refer to our Domain Name Registration Agreement which can be found here.

  • 5.3. User Content.
  • You are responsible for ensuring that the User Content is (and will continue to be) true, current, non-infringing upon any third party rights or any applicable laws, not part of the sample products from the template design, and in no way unlawful for you to possess, post, display or sell in the country in which you or your End Users reside, or for Edukan on Rent and/or End Users to use or possess in connection with the Services. By uploading the User Content, you agree to (a) allow other internet users to view your User Content; (b) allow Edukan on Rent to display and store your User Content; (c) allow Edukan on Rent to review and/or edit your User Content at any time and for any reason, without previous notice (even though we have no obligation to do so); and (d) allow Edukan on Rent to showcase your site through any of the Edukan on Rent or Edukan on Rent Affiliates sites.

  • 5.4. Sale of User Products.
  • You are solely responsible for the User Products and fulfilment of any sale transaction that occurs on your Account via the Platform, by any channels available. You are responsible for setting the correct applicable taxes for your User Products. You are also the sole responsible for providing all clarifications required by actual and potential buyers of your User Products, including (but not limited to) complete and transparent information regarding specifications, including those required by regulation in your country, recommended use, ingredients, expiry date, safety and health-related concerns, age restrictions, guarantees and warranties available, applicable charges, fees and other relevant aspects as applicable. We are merely providing a platform for you to manage your sale activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products, and Edukan on Rent shall not be responsible for any customer engagement on your behalf / in regard to your User Products.

6. Intellectual Property

  • 6.1. Your Intellectual Property.
  • You are responsible for and shall own all intellectual property pertaining to your User Content, including but not limited to any designs, images, fonts, logos, illustrations, photographs, compositions, artworks, interfaces, text or literary. You shall indemnify Edukan on Rent and Third-Party Service providers, including their respective employees, directors, officers, investors and partners against all claims, damages, losses, costs (including legal costs) and expenses if your User Content infringes the intellectual property rights of any third party. You grant us a worldwide, unlimited, revocable (should you decide to terminate your Account and stop using the Services) and free of charge right to use your Trademark on our Platform and/or Services for the purpose of providing our Services to you and identifying and referring to your business and your products and services for marketing or promotional activities.

  • 6.2. Our Intellectual Property
  • All rights, title and interest in and to the Services, including any copyrightable materials, are owned by or licensed to Edukan on Rent Subject to your compliance with the Edukan on Rent Terms and timely payment of all applicable Fees, we hereby grant you, upon creating your Account and as long as we provide you with our Services, a non-exclusive, non-transferable, non-sub licensable, fully revocable, limited licence to use the Services for the purpose of displaying your User Website and offering your User Products to the End Users, solely as expressly permitted under the Term of Service within the Services.

  • 6.3. Trademarks.
  • The Trademarks are registered and unregistered trademarks of ours or Third-Party Service providers. Nothing on the Platform or in these Terms of Service shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademarks displayed on the Platform without our written consent or consent from any other applicable trademark owner.

  • 6.4. You shall not, without our prior written approval:
  • a. use any Trademarks in relation to any product, service, merchandise or website;
    b. copy, reproduce, adapt, modify, distribute, publish, post, or otherwise use or exploit any Content on the Platform in any way or for any purpose;
    c. distribute or make any part of the Platform over any other website or any network;
    d. hyperlink or in-link the Platform and/or any Trademarks to any website; or
    e. frame or otherwise incorporate into another website any of the Content or other materials on the Platform.

  • 6.5. Whilst you may use the Trademarks or the Platform in a descriptive manner, you shall not refer to the Trademarks or the Platform in any way to suggest that you or your User Website is affiliated to or is endorsed by Edukan on Rent, its affiliates, associates, Business Partners or Third-Party Service providers.

7. Fees and Payment

  • 7.1. In order to sell your User Products on the Platform, you are required to pay the applicable Fees. Edukan on Rent will provide notice of such Fees and the payment options then in effect on the Platform. Although we use our best efforts to provide a seamless payment experience, not all payment methods may be available on all channels and/or for all countries. Edukan on Rent currently offers two pricing models, namely the Transaction Model and the Subscription Model.Edukan on Rent
  • 7.2. Transaction Model:
  • Under the Transaction Model, you will be charged (i) Transaction Fees and (ii) a fixed Monthly Hosting Fee, which is chargeable at the end of every month, commencing the month after your date of sign-up. Please refer to Schedule 3 for details of the Transaction Fees and Monthly Hosting Fee.

  • 7.2.1. Invoicing.
  • Edukan on Rent will from time to time raise Invoices regarding the prevailing Fees. We will send such Invoices via your registered email and/or via an in-app / dashboard notification. We reserve the right to not send you an Invoice should there be no outstanding Fees and/or Processing Fees.

  • a. Transaction Fees will be billed from the date of your first transaction. Edukan on Rent will raise an Invoice every seven (7) days covering all transactions carried out during this previous 7-day period.
  • b. Monthly Hosting Fee will be billed monthly.
  • 7.2.2. Payment of Invoice.
  • You agree to pay the outstanding Invoices raised by Edukan on Rent according to the due date stated in each Invoice (the “Payment Due Date”). By creating an Account you authorise Edukan on Rent to auto-debit any outstanding amount from your Authorised Payment Source.Edukan on Rent

  • 7.2.3. Processing Fee.
  • Edukan on Rent will charge a Processing Fee for all Invoices outstanding, partially or full, beyond Payment Due Date. Such Processing Fee(s) will be included to the overall total of the next Invoice.

  • 7.2.4. Non-Payment of Invoice.
  • If you do not pay an outstanding Invoice beyond the Payment Due Date, Edukan on Rent reserves the right to disrupt the Services and delete your Account.

  • 7.2.5. Rebates.
  • Please refer to Schedule 3 for details regarding rebates.

  • 7.2.6. Upgrading of Account
  • You may upgrade to the Subscription Model at any time provided that you have fully paid up all Invoices and/or outstanding payments due to us.

  • 7.3. Subscription Model.
  • Under the Subscription Model, you are charged a Subscription Fee based on the subscription plan that you choose. If you are on the Subscription Model, you will not incur any Transaction Fees or Monthly Hosting Fee. For avoidance of doubt, all transaction and other applicable fees charged by Third-Party Service providers such as payment gateways and/or shipping providers will continue to apply according to their respective terms and conditions.

  • 7.3.1. Subscription Fees.
  • All Subscription Fees are payable in advance, regardless of the Subscription Plan chosen. Edukan on Rent will raise an Invoice and upon payment of the Subscription Fees you will receive a payment receipt. By creating an Account you authorise Edukan on Rent to auto-debit the applicable Subscription Fees from your Authorised Payment Source. Please refer to Schedule 3 for details on the Subscription Fees.Edukan on Rent

  • 7.3.2. Subscription Renewals.
  • In order to ensure that you do not experience any disruption of Services, your subscription will be automatically renewed on a recurring fees basis (except where explicitly stated otherwise by Edukan on Rent in writing). Accordingly, where applicable, Edukan on Rent will attempt to automatically renew the Services for a renewal period equal in time to the original subscription period for such Services, and automatically debit the applicable Fees from your Authorised Payment Source on the subscription renewal date. For example, if your existing Subscription Plan is six (6) months, each subsequent renewal period will be for six (6) months. We may notify you by email at least seven (7) days prior to the expiry of the then current subscription period to remind you of the upcoming renewal. Therefore, unless you delete your Account, cancel your subscription or change your Subscription Plan within seven (7) days prior to the subscription renewal date, we will automatically renew your subscription based on your existing Subscription Plan when it is due for renewal and charge you the applicable Subscription Fee. All Invoices for renewal Subscription Fees will be issued in electronic form and sent to you via email within seven (7) days after the renewal date.

  • 7.3.3. Non-Payment.
  • If we are unable to auto-debit the renewal Subscription Fee from your Authorised Payment Source for any reason whatsoever, we may, in our sole discretion, recover the same from you at a later time and/or downgrade your Account to Transaction Model, without further notice.

  • 7.3.4. Refunds or Rebates.
  • Edukan on Rent will not provide refunds or rebates on your Subscription Fees, pro-rated or otherwise.

  • 7.4. Other Fees:
  • The use of certain Services will be subject to payment of Fees. If you wish to use such Services, you are required to pay all applicable Fees accordingly. Edukan on Rent reserves the right to vary its pricing models and/or Fees for the Services from time to time. Edukan on Rent will provide information regarding the prevailing Fees or any variations thereto on the Platform.

  • 7.4.1. Annual Custom Domain Fee.
  • If you have purchased the use of a domain through the Platform, as per the terms and conditions mentioned therein, you will be sent an Invoice. Please refer to the Domain Registration Agreement by clicking here.

  • 7.4.2. Annual Custom Domain Fee.
  • The Annual Custom Domain Fee covers the use of the purchased custom domain for a period of one (1) year. You may choose to auto renew to pay the Annual Custom Domain Fee at the end of every year, which shall be subject to the prevailing Fees mentioned on the Platform.

  • 7.4.3. Promotions.
  • From time to time, Edukan on Rent may offer a promotion on the Fees or price on any of our Services. Promotional pricing applies only to the first charge. Subsequent billings and renewals will be at the original price unless otherwise stated.

  • 7.4.4. Authorised Payment Source.
  • We will charge applicable Fees to the Authorised Payment Source used by you in your first payment to Edukan on Rent, and we will continue to charge the Authorised Payment Source (or any alternate payment source) for applicable Fees until the Account is deleted and/or any and all outstanding Fees have been paid in full. If your Authorised Payment Source is not valid for any reason, you will be required to pay us by using an alternative method. If you do not pay, we reserve the right to use any means necessary to recover the outstanding amount.

  • 7.4.5. Taxes.
  • The Fees are exclusive of Taxes, and you shall be responsible for payment of all applicable Taxes relating to your use of the Services or to any payments made by you.

  • 7.4.6. Chargebacks.
  • If, at any time, you contact your bank or credit/debit card company and chargeback or otherwise reject the charge of any payable Fees (“Chargeback”), this act will be considered a breach of your payment obligations under the Terms of Service and your use of the Services may be automatically suspended or terminated by us. In the event that a Chargeback occurs, your Account may be blocked without the option to re-use it and any User Content and End User data, including any domains and Third-Party Services may be subject to cancellation. Your use of the Services will not resume until you have paid all applicable Fees in full, including any Fees and expenses incurred by us and/or Third-Party Services for each Chargeback received. We reserve the right to dispute any Chargeback received, including by providing the relevant card company with any information and documentation proving that you did in fact authorise the transaction and make use of the Services.

  • 7.4.7. Auto Debit.
  • You agree to allow Edukan on Rent to debit your Authorised Payment Source for all Fees applicable to your use of the Platform and/or the Services and renewals, including but not limited to Subscription Fees, Transaction Fees, Monthly Hosting Fees annual Edukan on Rent Global Listing Fees and Annual Custom Domain Fees.

  • 7.4.8. Currency.
  • All payments shall be in the currency specified in Edukan on Rent’s Invoice.

8. Third-Party Services

  • 8.1. We may from time to time enable you to engage with or provide you with access to Third-Party Services.
  • 8.2. Your purchase, access or use of any such Third-Party Services is solely between you and the applicable Third-Party Services provider. Any use by you of the Third-Party Services offered through the Platform or Services is entirely at your own risk and discretion and will be subject to the terms applicable to such Third-Party Services, which you agree to be bound by. You acknowledge and agree that Edukan on Rent has no control over Third-Party Services’ terms and conditions (including pricing policies), products / services, and that Third-Party Service providers may at their sole discretion alter any of such terms and conditions while you use the respective Third-Party Service.
  • 8.3. Any account(s) you open with the Third-Party Service providers must be maintained by you and it is your responsibility to close them if you no longer use such Third-Party Services.
  • 8.4. If any disputes or queries arise in respect of Third-Party Services, such disputes must be resolved directly with the applicable Third-Party Service provider.
  • 8.5. If you enable Third-Party Services for use with the Services, you grant us permission to allow the applicable Third-Party Service provider to access your data (including personal data) and to take any other actions as required in order to provide Third-Party Services and Services. Any exchange of data or interaction between you and the Third-Party Services provider is solely between you and such Third-Party Services provider. Edukan on Rent is not responsible or liable for any disclosure, modification or deletion of your End User data or User Content, or for any corresponding losses or damages you may suffer as a result of access by a Third-Party Services provider to your End User data or User Content.
  • 8.6. You acknowledge and agree that Edukan on Rent has no control over Third-Party Services and is not responsible or liable to you for such Third-Party Services. The availability of Third-Party Services through our Platform and/or Services or the integration or enabling of the Third-Party Services with the Services does not constitute or imply endorsement, authorisation, sponsorship or affiliation by or with Edukan on Rent. We recommend that you seek proper advice before using or relying on Third-Party Services to ensure they will meet your needs.

9. Changes to the Services and Fees

  • 9.1. Fees for using the Services are subject to change upon thirty (30) days prior notice from Edukan on Rent. Such notice will be provided to you in accordance with the Notices provision (Clause 12).
  • 9.2. We reserve the right to at any time modify, suspend or discontinue the Services (or any features thereof) without notice to you. We shall not be liable to you or any third party for any modification, Fee change, disruption or deletion of the Services.

10. Downgrade, Cancellation and Deletion of Account

Subscription Model:

  • 10.1. Cancellation of Subscription by You.
  • You have the option of cancelling your Subscription and/or downgrading your Account to a Transaction Model at any time. This can be made effective on the Platform and will take effect post the subscription cycle end date.

  • 10.2. Account Deletion
  • You may Delete your Account by clicking on the ‘Delete Account’ button on the Platform. All outstanding Fees are required to be settled prior to deletion.

  • 10.3. Cancellation by Us.
  • Failure to comply with any of the Edukan on Rent Terms (including payment of outstanding Fees and undertaking to not sell any Prohibited Products) shall entitle Edukan on Rent to disrupt service or delete your Account as well as the provision of any related Services or Third-Party Services to you. Edukan on Rent shall not be liable to you for any effect such disruption or deletion might have. For the avoidance of doubt, the disruption or deletion shall not prejudice our rights against you for any breach of the Edukan on Rent Terms, for any amounts due or other obligations accrued prior to such disruption or deletion.

  • 10.4. Upon cancellation of our subscription and/or service by either party for any reason:
  • a. Edukan on Rent will downgrade you to Transaction Model on the expiry of the then current subscription period;
    b. You will not be entitled to any refunds or rebates of any Fees, pro rata or otherwise;
    c. Your automatically renewed subscriptions will be discontinued upon the expiration of the then-current subscription period for which you have already made payment; and
    d. If your User Website was listed on Edukan on Rent Global, the listing will be immediately disconnected, unless Edukan on Rent Global Listing Fees are paid.

Transaction Model:

  • 10.5. Account Deletion.
  • You can delete your Account by clicking on the ‘Delete Account’ button on the Platform. All outstanding fees are required to be settled prior to deletion.

  • 10.6. Cancellation by Us.
  • Failure to comply with any of the Edukan on Rent Terms (including payment of outstanding invoices and undertaking not to sell any Prohibited Products) shall entitle Edukan on Rent to disrupt the Services or delete your Account as well as the provision of any related Services or Third-Party Services to you. Edukan on Rent shall not be liable to you for such disruption or deletion. For the avoidance of doubt, the disruption or deletion shall not prejudice our rights against you for any breach of the Edukan on Rent Terms, for any amounts due or other obligations accrued prior to such disruption or deletion.

Cancellation of other Services:

  • 10.7. You may cancel other Edukan on Rent Services, such as Edukan on Rent Global listing or Custom Domain renewal by clicking the ‘cancel’ button or writing in to Edukan on Rent with your request.
  • 10.8. General terms of all cancellations or deletions of Account.
  • a. Any outstanding Fees as at the effective date of such deletion will immediately become due and payable in full.
    b. If a sub-domain or custom domain name was obtained through or by Edukan on Rent, that custom or sub-domain name will not be transferred to you and will no longer be automatically renewed.
    c. If your User Website was listed on Edukan on Rent Global, the listing will be immediately disconnected.
    d. Your User Content, End User data or other usage data may be deleted after seven (7) days.
    e. Your User Website will be unpublished.
    f. Any preferential rates you receive in respect of the Third-Party Services will cease.

11. Discussion Forums and Other Social Interactions

  • 11.1. Edukan on Rent makes no representations or warranties with respect to any forums, blogs, private messages, emails or other electronic discussion mediums made available through or in connection with the Services (collectively, the “Discussion Areas”) or with respect to any information or materials contained in the Discussion Areas. Your use of, or reliance upon, any such information or materials is at your sole risk.
  • 11.2. All information, content or materials you post to a Discussion Area must comply with the Edukan on Rent Terms. Edukan on Rent has no obligation to monitor the Discussion Areas, but may do so at its discretion and may delete, move or edit any information, content or material posted by you in the Discussion Areas.

12. Notices

  • 12.1. Notices from us.
  • We may provide you with notices in any of the following methods: (a) via the Platform, including by a banner or pop-up in the Platform, your Account or elsewhere; (b) by email, sent to the email address you provided to us; and (c) through any other means, including any phone number or physical address you provided to us. Edukan on Rent’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

  • 12.2. Notices from you.
  • You may only give notice to us in writing sent to our designated email address and we shall be deemed to have received such notice only upon receipt. Notices to Edukan on Rent must be sent exclusively to info@edukanonrent.com

13. Disclaimer of Warranties

  • 13.1. No representations or warranties.
  • The Platform and/or Services are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose are given in conjunction with the Platform and the Services. Without prejudice to the generality of the foregoing, we do not warrant:

    a. the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or User Website;
    b. that the Platform or the Services will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
    c. that the Platform or the Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks; or
    d. the security of any information transmitted by you or to you through the Platform or the Services; or
    e. that the Platform or the Services will meet your business needs and/or expectations.

14. Reporting of Copyright Infringement

  • 14.1. If anybody believes that any User has copied or otherwise used their work in a way that constitutes copyright infringement, please contact us on Support info@edukanonrent.com
  • 14.2. Upon receiving such a notice, we may remove or disable access to the allegedly infringing User Content. Once provided with a notice of takedown, you can reply with a counter notification to object to the complaint. The original complainant has fourteen (14) days after we receive a counter notification to seek a court order restraining the User from engaging in the infringing activities, otherwise we will restore the relevant User Content.

15. Limitation of Liability

  • 15.1. Edukan on Rent its officers, directors, employees and agents shall not be liable to you or the End User for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever even if Edukan on Rent has been advised of the possibility of such damage, including any damages resulting from
    (1) any access, use or inability to use the Platform or the Services;
    (2) errors, mistakes or inaccuracies of or in any content (including User Content) made available through the Platform and/or through the Services;
    (3) any unauthorised access to or use of our servers and/or any personal information and/or other information stored herein;
    (4) any interruption or cessation of transmission to or from the Services; or
    (5) your use of the Third-Party Services or use of or access to any other website linked to the Platform.
  • 15.2. Edukan on Rent shall not accept any liability arising out of any disruption or non-availability of the Platform or the Services due to external causes including, but not limited to, Internet Service Provider (“ISP”) equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

16. Indemnity

  • 16.1. You agree to defend, indemnify and hold harmless Edukan on Rent our officers, directors, shareholders, employees, affiliates and agents from and against any and all claims, damages, obligations, losses, liabilities, costs (including attorney fees) arising from
  • (a) your breach of any term of the Edukan on Rent Terms;
    (b) your breach of any third-party right, including any copyright, property, or privacy right, resulting from your User Website or User Content and your use of the Services or Platform; and
    (c) any other type of claim discussing alleged damages caused by your User Website and/or User Content to a third party.

  • 16.2. In addition, Edukan on Rent may use whatever information that is available about you to stop any such breach of the Edukan on Rent Terms, any unlawful or inappropriate use of the Platform and Services, including informing any third party we deem appropriate of such breach or use and/or disclosing your personal information to such third party.

17. General

  • 17.1. Amendments.
  • You acknowledge and agree that we may, in our sole discretion, amend the Edukan on Rent Terms at any time by posting the relevant amended and restated Edukan on Rent Terms on the Platform and such amendments to the Edukan on Rent Terms are effective as of the date of posting. You should check these Edukan on Rent Terms periodically for, and read carefully, any such amended Edukan on Rent Terms. In the event of any conflict between the current version of Edukan on Rent Terms and any previous version(s), the provisions that are current and in effect shall prevail unless it is expressly stated otherwise. Your continued use of the Platform and/or Services after such date constitutes your unrestricted agreement to, and acceptance of, the amended Edukan on Rent Terms. If you do not agree to any changes to the Edukan on Rent Terms, you must stop accessing or using the Platform and the Services.

  • 17.2. Acknowledgement of Acceptance.
  • By clicking “Accept”, “Agree”, “Submit”, “Sign up” or “Continue” or taking any other action signifying your assent when prompted in relation to the Services or any transaction on the Platform, you shall be deemed to have read, understand and agree to the terms and conditions of such Services or, and such act of clicking “Accept”, “Agree”, “Submit”, “Sign up” or “Continue” or taking any other action signifying your assent shall also constitute an acceptance in accordance with Section 11 of the Electronic Transactions Act (Cap. 88) of Singapore.

  • 17.3. Governing Law.
  • Use of the Platform and/or the Services and the Edukan on Rent Terms will be governed by and construed in accordance with the laws of India and you hereby submit to the exclusive jurisdiction of the INDIAN courts. The United National Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

  • 17.4. Entire Agreement.
  • Terms constitute the entire agreement between you and Edukan on Rent and govern your use of the Platform and the Services, superseding any prior understandings, communications and agreements between you and Edukan on Rent (including but not limited to, any prior versions of the Edukan on Rent Terms).

  • 17.5. No waiver.
  • No waiver of any breach or default of any provisions of the Terms of Service shall be deemed to be a waiver of any preceding or subsequent breach or default.

  • 17.6. Severability.
  • If any provision of the Terms of Service is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remain provisions of the Terms of Service.

  • 17.7. Sub-contracting and delegation.
  • We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.

  • 17.8. Binding and conclusive.
  • You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and/or Services will be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you.

  • 17.9. Assignment.
  • You may not assign your rights under these Terms of Service without our prior written consent which Edukan on Rent may refuse in its sole discretion. Any attempt by you to assign your rights under the Terms of Service without Edukan on Rent s prior explicit and written consent will be null and void. We may assign our rights under these Terms of Service to any third party.

  • 17.10. Third-Party Rights.
  • A person who is not a party to this User Agreement shall not have or acquire any right to enforce any term of the Edukan on Rent Terms (including, but not limited to, any right to enforce or have the benefit of any exclusion or limitation of liability contained in this User Agreement) under the Contract (Right of Third Parties) Section 28 of the Indian Contract Act This Clause shall override any other provision in the Edukan on Rent Terms that is or may be inconsistent with it.

  • 17.11. Force Majeure.
  • We will not be liable to you or any third party for any failure by us to perform our obligations under the Terms of Service in the event that such non-performance arises as a result of the occurrence of an event beyond our reasonable control, including an act of war or terrorism, natural disaster, failure of electricity supply, pandemic, riot, civil disorder or other event of force majeure.

18. Edukan on Rent Global

  • 18.1. Proprietary Aggregation Platform.
  • Edukan on Rent Global is an online aggregation platform where we have the right to curate and showcase, on our sole discretion, User Content & User Products in a suited category.

  • 18.2. Listing.
  • The eligibility of merchants listing on Edukan on Rent Global rests solely with Edukan on Rent Your User Website, products and content may be eligible for Edukan on Rent Global listing if it satisfies the Edukan on Rent terms & conditions, which includes but is not limited to having a subscription plan with Edukan on Rent and/or paying the Edukan on Rent Globnal Listing Fee.

18. Edukan on Rent Global

  • 18.1. Proprietary Aggregation Platform.
  • Edukan on Rent Global is an online aggregation platform where we have the right to curate and showcase, on our sole discretion, User Content & User Products in a suited category.

  • 18.2. Listing.
  • The eligibility of merchants listing on Edukan on Rent Global rests solely with Edukan on Rent Your User Website, products and content may be eligible for Edukan on Rent Global listing if it satisfies the Edukan on Rent terms & conditions, which includes but is not limited to having a subscription plan with Edukan on Rent and/or paying the Edukan on Rent Globnal Listing Fee.

  • 18.3. End User.
  • If you access Edukan on Rent Global as a buyer, you may be directed to the relevant User’s Website when you click on any product displayed on the webpages of Edukan on Rent Global. You acknowledge and agree that the merchant is solely responsible for fulfilment of any order you make on that User Website and for the product quality. We do not ourselves offer, market or sell any User Product and we are not a party of, nor privy to, any contract or transaction between yourself and a merchant. Therefore, Edukan on Rent is not responsible for ensuring that a buyer or merchant will honour their contractual obligations.

  • 18.4. Edukan on Rent Global User.
  • If you are a Edukan on Rent Global User, you acknowledge and agree that we reserve the exclusive right to include any User Product or User Content and decide its categorization on Edukan on Rent Global on our sole discretion. You further acknowledge and agree that your User Products may be listed with other competing User Products.Edukan on Rent

  • 18.5. Use of Edukan on Global.
  • You acknowledge that Edukan on Rent in its sole discretion may remove your User Website, User Content and User Product from the listing if it breaches our guidelines or any applicable laws. We will not provide a refund or rebate pro-rated or otherwise.

19. SCHEDULE 1 - DEFINITIONS AND INTERPRETATIONS

1. Definitions

  • 1.1. “Account” or “Edukan on Rent Account”
  • means an account you have with Edukan on Rent for the purpose of using the Services.

  • 1.2. “Affiliate”
  • means a company that is a direct or indirect subsidiary of Maisha Infotech Pvt. Ltd. or otherwise related to Edukan on Rent through common ownership or control.

  • 1.3. “Annual Custom Domain Fee”
  • means the annual fee payable by Users who purchase the use of a domain through the Platform, as per the terms and conditions mentioned therein.

  • 1.4. “Authorised Payment Source”
  • means a credit card, debit card, bank account, e-wallet or such other mode of payment you authorise Edukan on Rent s nominated payment gateway to deduct all Fees, charges and expenses relating to your Account and/or use of the Platform when you create your Account.

  • 1.5. “Business Partner”
  • includes business associates, or any party who introduces or refers you to the Platform and/or the Services.

  • 1.6. “Chargeback”
  • has the meaning and is restricted to the conditions set out in Clause 7.4.6.

  • 1.7. “Content”
  • includes, but is not limited to, texts, photographs, images, illustrations, audio clips, video clips, files, photographs, logo’s, slogans or any other material that is published on the Platform.

  • 1.8. “Delete” or “Deletion”
  • refers to deletion of Account along with User Contents, User Products & User Website.

  • 1.9. “Discussion Forums and Other Social Interactions
  • means any forums, blogs, private messages, emails or other electronic mediums made available through or in connection with the Services, either on the Platform, social media or other channels used by Edukan on Rent from time to time.

  • 1.10. “Disruption of Service”
  • includes an inability on the part of the User to publish a User Website and/or User Website details including User Contents, User Products, orders & End User details.

  • 1.11. “End User”
  • means visitors and users of your User Website, chat or social channels.

  • 1.12. “Fees”
  • means the fees, as determined by Edukan on Rent in its sole discretion, applicable to your use of the Services.

  • 1.13. “Invoice”
  • means the document issued by Edukan on Rent for the payment of Fees.

  • 1.14. “Monthly Hosting Fee”
  • means the monthly hosting fee payable by Accounts under the Transaction Model.

  • 1.15. “Payment Due Date”
  • means the due date indicated in the Invoice issued by Edukan on Rent for the payment of Fees.

  • 1.16. “Platform”
  • means (a) both the web and mobile versions of the websites operated and/or owned by Edukan on Rent, which include the following URLs and their subdomains: www.edukanonrent.com and www.edukanonrent.in and (b) the mobile applications made available from time to time by Edukan on Rent, including the iOS and Android versions.

  • 1.17. “Processing Fees”
  • means fees charged on overdue Invoices not paid within the Payment Due Date.

  • 1.18. “Prohibited Product”
  • means any product, content or services set out in in Schedule 2 (“Prohibited Product List”) or otherwise prohibited from being posted, promoted or sold through the Platform or the Services.

  • 1.19. “Services”
  • means the services, information and functions made available by us at the Platform.

  • 1.20. “Edukan on Rent”, “we”, “our”, and “us”
  • means Maisha Infotech pvt. Ltd., a Indian company with registered address at 701, 7thFloor, D-MALL, N.S.P, Pitampura Delhi 110034 INDIA and its Affiliates.

  • 1.21. “Edukan on Rent Global”
  • is the proprietary aggregation platform at http://global.edukanonrent.com or https://edukanonrent.com used by Edukan on Rent to list curated User Products from the User Website to attract End Users.

  • 1.22. “Subscription Model”
  • Subscription Plan model with recurring payments at regular chosen tenures. Plans are charged at a fixed subscription price.

  • 1.23. “Taxes”
  • means all applicable taxes (including GST, value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities.

  • 1.24. “Third-Party Services”
  • means third-party software, applications, products and services that we make available through the Platform and/or Services.

  • 1.25. “Trademark”
  • means the trademarks, service marks, trade names and logos used and displayed on the Platform.

  • 1.26. “Transaction Fee”
  • means the percentage fee applied on the sales value after discounts of a User Product sold via the Platform. The sales value excludes related taxes, shipping fees, payment fees, marketplace fees and other third-party charges. The Transaction Fee amount is subject to local taxes where applicable.

  • 1.27. “Transaction Model”
  • the Transaction Model charges the User a Transaction Fee plus a fixed Monthly Hosting Fee.

  • 1.28. “User” or “you”
  • means each visitor or user of the Platform and/or Services, including additional individuals for whom you provide access through Multi-User functionality.

  • 1.29. “User Agreement”
  • means the agreement between you and Edukan on Rent regulating the use of the Platform and the Services, which shall be considered valid and in force as of your acceptance of our Terms of Service.

  • 1.30. “User Content”
  • means any data, graphics, photos and links that is uploaded on your User Website.

  • 1.31. “User Product”
  • means any product, content or services sold by you through the Platform.

  • 1.32. “User Website”
  • means the Website, online store created by you on the Platform and/or using our Services.

2. Interpretation

  • 2.1. Whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”.
  • 2.2. Unless expressly indicated otherwise, all references to a number of days mean calendar days and the words “months” or “monthly” as well as all references to a number of months means calendar months.
  • 2.3. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Service.
  • 2.4. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Service, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in Edukan on Rent’s favour and the provision which is more favourable to Edukan on Rent shall prevail.

20. SCHEDULE 2 - PROHIBITED PRODUCT LIST

  • 1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.
  • 2. Body parts which include organs or other body parts.
  • 3. Bulk marketing tools including email lists, software or other products enabling unsolicited email messages (spam).
  • 4. Cable descramblers and black boxes including devices intended to obtain cable and satellite signals for free.
  • 5. Child pornography which includes pornographic materials involving minors.
  • 6. Copyright unlocking devices including Mod chips or other devices designed to circumvent copyright protection.
  • 7. Copyrighted media including unauthorised copies of books, music, movies, and other licensed materials.
  • 8. Copyrighted software which includes unauthorised copies of software, video games and other licensed or protected materials, including OEM or bundled software.
  • 9. Counterfeit and unauthorised goods which include replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps and other potentially unauthorised goods.
  • 10. Drugs and drug paraphernalia which include illegal drugs and drug accessories, herbal drugs like salvia and magic mushrooms.
  • 11. Drug test circumvention aids which includes drug cleansing shakes, urine test additives and related items.
  • 12. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
  • 13. Gaming/gambling which includes lottery tickets, sports bets, memberships/enrolment in online gambling sites, and related content.
  • 14. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.
  • 15. Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property.
  • 16. Illegal goods which includes materials or products promoting illegal goods or enabling illegal acts.
  • 17. Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes.
  • 18. Offensive goods which includes literature, products or other materials that: a) defame or slander any person or groups of people based on race, ethnicity, national origin, religion, gender, sexual orientation, or other factors b) encourage or incite violent acts; and/or c) promote intolerance or hatred.
  • 19. Offensive goods which include crime scene photos or items, such as personal belongings associated with criminals.
  • 20. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
  • 21. Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
  • 22. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, surveillance equipment; goods regulated by government or other agency specifications.
  • 23. Securities, which includes stocks, bonds, or related financial products.
  • 24. Tobacco and cigarettes including cigarettes, cigars, chewing tobacco, e-cigarettes and related products.
  • 25. Traffic devices including radar detectors/jammers, license plate covers, traffic signal changers, and related products.
  • 26. Weapons which include firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
  • 27. Wholesale currency including discounted currencies or currency exchanges.
  • 28. Live animals or hides, skins, teeth, claws and other parts of animals.
  • 29. Multi-Level marketing collection fees.
  • 30. Matrix sites or sites using a matrix scheme approach.
  • 31. Work-at-home information.
  • 32. Drop-shipped merchandise.
  • 33. Any other products or services which are not in compliance with applicable laws and regulations in which your business is located.
  • * All prices are exclusive of any applicable GST and other applicable taxes.
  • ** Rebate on Transaction Fee is calculated based on the total product cost of cancelled orders only. It will be processed within four (4) weeks from date of order cancellation and will be provided as a credit in subsequent Invoice. Such credit can be set off against transaction fees within a period of six (6) months only