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Madhavidesai.Com User Agreement and Terms of Service

This User Agreement and Terms of Service (“the Agreement”) sets out the terms and conditions on which madhavidesai.com offers you the use of its Service.

1 Acceptance of Terms

Madhavi Desai Consulting Pvt Ltd (“madhavidesai.com”) provides its online Service to you, subject to the following Agreement of Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time .By clicking the “I Accept” button below you agree to be bound by this Agreement and all the terms, conditions, undertaking and covenants herein contained. Before being permitted to use this Service, you must expressly accept the entire terms and conditions of this contract without any modification or reservation.

2 Definitions

Agreement means these Terms of Service for the time being in force and governing the relationship between User and madhavidesai.com
Madhavidesai.com means and includes the Owner
Madhavidesai.com website and Website each means the web property located at the URL http://www.madhavidesai.com and all second-level and sub-domains there under and includes all facilities, services, contents, information and material thereon.
Content means all text, data, images, photographs, graphics, music, videos, suggestions, advice and generally all other material of whatsoever description legitimately posted to the madhavidesai.com Website.
Display means and includes the unrestricted publication online or offline of all Content and specifically covers all copyright and other intellectual property rights necessary to effectuate the same.
Owner means Madhavi Desai Consulting Pvt Ltd, its affiliates, divisions, subsidiaries, successors, parent companies, co-brand partners, assigns and their and each of their respective employees, partners, principals, agents and representatives, and any third-party provider(s) or sources of information, services, graphics, text, data, products, stores or material.
Third Party refers to several third parties with whom MadhaviDesai.com works to serve advertisements and provide other services to this site.
Registered User means a User who has furnished Registration Data and has obtained/been issued a user identification and password.
Registration Data means such information about User as must be entered when prompted by the Service's registration form, and without which the registration cannot be completed.
Service means and includes all services, content, facilities, information and material available at the madhavidesai.com Website.Site Material includes the Service, Content, User Content, other information, material, graphics, text, data, products, stores or materials on the madhavidesai.com Website and includes the provision, rendering and display thereof. Software means the software used in connection with the Service and the Site Material,
Terms of Service means the Terms of Service for the time being in force and governing the relationship between User and madhavidesai.com.
User Content means and includes the User Profile and all Content.
User means a visitor to the madhavidesai.com Website
User Profile means the Registration Data and any optional information provided by a Registered User.

3 Interpretation

The headings in this Agreement are for convenience only, not to be deemed to be part of this Agreement or to be taken into consideration in the interpretation or construction thereof, and shall not affect the terms hereof. Schedules and exhibits, if any, attached hereto are a part of this Agreement. Words denoting the singular include the plural and vice versa.

Reference to one gender includes a reference to all other genders. References to any enactment (including any subordinate legislation) are to be constructed as references to that enactment as for the time being amended or modified and/or to any enactment for the time being replacing the same. The words "include" and "including" shall be construed without limitation. The recitals shall be taken into account in the interpretation of this Agreement. Capitalized terms used in this Agreement have the meanings as defined in this Agreement. The word “you” with all its grammatical variations when used in this Agreement means a User or a Registered User as the context may require. The description of an action, whether permissive or prohibitory, includes the attempt to carry out that action.

4 Description of Service

The Service is intended to facilitate awareness and to enable students and their families to make an informed decision or choice about higher education overseas, specifically in the United States of America. To this end, madhavidesai.com offers views, reviews, advice, comments, feedback, suggestions and comments (“the Service”).

Madhavidesai.com may periodically introduce new feature to augment or enhance the current Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new madhavidesai.com resources, shall be subject to the TOS. To use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access.

In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

Madhavidesai.com has absolutely NO areas on the Service that contain adult or mature content.

5 Your Registration Obligations

In consideration of use of the Service, you agree to

Provide true, accurate, current and complete Registration Data
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete
Register once and only once;

Should

You provide any information that is untrue, inaccurate, not current or incomplete,
Madhavidesai.com have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
Attempt to have multiple registrations under different names or email addresses;
Robotize the system to gain any advantage or benefit, monetary or otherwise;
Select an ID or submit a description or photograph of yourself that is calculated, designed or intended to mislead or deceive madhavidesai.com about your true identity, financial status, academic or educational qualifications, achievements, grades, test
scores or examination results, citizenship status, age or family background or which has or tends to have that effect;
Share your account and password with others;
Otherwise abuse or violate the terms of this Agreement; then madhavidesai.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

6 Registration Representation

By completing the sign-up registration form you expressly represent that you are not a minor, i.e., a person under the age of 18, and that you are otherwise competent in law to contract. You further represent that you are completing the sign-up process for bona fide, legal and legitimate use for yourself. If you are a minor under the age of 18, you must obtain parental consent for signing up at this service. In the case of a minor, Registration Data includes Registration Data for the parent or guardian.

7 Madhavidesai.Com Privacy Policy

Pursuant to madhavidesai.com's privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time.

Madhavidesai.com gives you various means and options to determine just how much information about yourself you would volunteer. By accepting this Agreement, you expressly consent to madhavidesai.com using your personal information (including using email) to communicate with you as described in the Privacy Policy. This Policy should be read with this Agreement as if the same formed part hereof and was set out herein in its entirety.

8 Use of Service

The madhavidesai.com website contains information, material, opinions, advice, views, reviews, comments and suggestions for general guidance regarding further education overseas. You are welcome to use this service subject to the disclaimers contained in these terms of service. you may not at any time or under any circumstances use the service in any way to transmit, propagate, disseminate, publish or otherwise make known or attempt so to do any matter or material that is defamatory, libelous, illegal, racist, communal, offensive, spam, scurrilous, obscene or vulgar.

Further, you are not permitted to use the Service to
Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way;
Impersonate any person or entity, including without limitation a madhavidesai.com official, forum leader or discussion group moderator, guide or chat host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any email or other content transmitted through the Service;
Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national or international law;
"Stalk" or otherwise harass another;
Collect or store personal data about other users;
Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "crush" content;
Robotize, script, spider, or otherwise automate data inflows to gain any benefit, monetary or otherwise;
Obtain more than one Registered User status for yourself;
Modify the Software in any manner or form, or to use modified versions of the Software,including for the purpose of obtaining unauthorized access to the Service;
Access the Service by any means other than through the interface that is provided by madhavidesai.com for use in accessing the Service;
Use any automated means to access the site or collect any information from the site (including robots, spiders or scripts);
Frame the site, place pop-up windows over its pages, or otherwise affect the display of its pages.

Engage in commercial activities via the Service, including

Offering for sale any products or services;
Soliciting for advertisers or sponsors;
Conducting raffles or contests that require any type of entry fee;
Displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services; and

Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.

Madhavidesai.com at all times reserves the right to take down the Website and generally to take such action as it deems appropriate or necessary to protect itself and its interests.
MadhaviDesai.com is not responsible for any performance/ service level lapses by third party service providers.

9 Parental Control

The madhavidesai.com Service may not be used by a minor without parental consent. This means that a parent must approve the registration of the minor by filling in and certifying the special fields provided for minors. Incorrect or inaccurate information about minors will result, at the very least, in the disabling, suspension or cancellation of the account of the minor and of the parent.

10 International Use

International users, i.e., those not from India agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

11 Termination of Service

At its discretion, madhavidesai.com may terminate your use of the Service immediately, without notice and without being required to substantiate or give reasons for such termination. Violation of the terms of this Agreement, will result in immediate termination without notice. At the same time, madhavidesai.com reserves the right to take less stringent action against you at its discretion, without notice, forewarning and without being required to assign reason. This may include sending you a warning email or refusing to respond to your queries or inquiries.

12 Indemnity

You agree to indemnify and hold madhavidesai.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

13 No Resale of Service

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.

14 Disclaimer

The site material is made available at the madhavidesai.com website strictly and only on an "as is" basis, without warranties of any kind. madhavidesai.com expressly disclaims any representations and warranties, express, implied or statutory, including inter alia as to merchantability and fitness for a particular purpose, title, non-infringement, freedom from computer virus in respect of the site material or arising from a course of dealing or course of performance at the madhavidesai.com website.

Without prejudice to the generality of the foregoing, madhavidesai.com does not warrant or represent that any part of the madhavidesai.com website or the service will be functioning or available at any given time. madhavidesai.com makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of any site material or that the same may be relied upon for any reason. in addition, madhavidesai.com does not represent or warrant that the information accessible via this site is accurate, complete or current.

Madhavidesai.com makes not warranty, guarantee, representation or assurance that use of this website will ensure admission to any university or that any application form for admission submitted on the basis of information made available on this website will even be considered by the admissions office of that university. madhavidesai.com makes no warranty, representation or guaranty that the site material will be uninterrupted or error free or that any defects can or will be corrected. madhavidesai.com is not responsible for any errors, omissions or representations on any pat of the madhavidesai.com website or on any links thereon. madhavidesai.com does not endorse in anyway any advertisers on the madhavidesai.com website.

15 Limitation of liability

Madhavidesai.com shall have absolutely no liability in connection with the site material including any liability for damage to your computer hardware, data, information, materials, or business resulting from the information or the lack of information available on the madhavidesai.com website.

Madhavidesai.com shall have no liability for
Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the site material;
Any errors, omissions, or inaccuracies in or relating to the site material regardless of how caused, or delays or interruptions in delivery;
Any decision made or action taken or not taken in reliance upon the site material;

Any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on the site material or from the use of the internet generally.

In no event shall madhavidesai.com be liable for any for any special, incidental, consequential, exemplary or punitive damages for any loss of profits, goodwill, use or other intangible losses including in negligence, whether remote, proximate or foreseeable, and whether or not madhavidesai.com has been advised of the possibility of such damages, arising out of or in connection with

The use or the inability to use the service;
The cost of procurement of substitute services resulting from any goods, data information or services gathered or obtained or messages received through or from the
service;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the service; or
Any other matter relating to the service, the madhavidesai.com website or this agreement.

16 Modifications and Amendments to service & Agreement

Madhavidesai.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that madhavidesai.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Madhavidesai may amend this Agreement periodically. Such amendments will be effective and binding when posted. You agree to be bound by the terms of such amended Agreement, regardless of whether or not your attention has been specifically directed to the same. It is your responsibility to check the current Terms of Service periodically.

17 Advertisements and Promotions

Madhavidesai.com runs advertisements and promotions on madhavidesai.com . You agree that madhavidesai.com has the right to run such advertisements and promotions. The manner, mode and extent of advertising by madhavidesai.com on your madhavidesai.com profile is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that madhavidesai.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

18 Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because madhavidesai.com has no control over such sites and resources, you acknowledge and agree that madhavidesai.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that madhavidesai.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

19 Madhavidesai.Com Proprietary Rights

Unless otherwise indicated by suitable text, all Site Material included on the Madhavidesai.com Website is the property of Madhavidesai.com or is duly licensed to Madhavidesai.com and is protected by Indian and international copyright law, with all rights reserved. “Madhavidesai.com”, “{We Build Futures™}” and the Madhavidesai.com logo are all proprietary materials, trade and service marks and styles that belong to the Owner.

Some images, icons, graphics and audio clips are believed to be in the public domain, have been derived from public sources and are used without assumption of any liability whatsoever. If you are the owner of copyright in any of these images please send snail-mail to Madhavidesai.com under the signature of a person or agency duly authorised to act on your behalf with sufficient proof of authorship, registration and prior publication. Unsigned claims will not be acknowledged.

Some images have been substantially modified and such modified images are deemed to be original work by Madhavidesai.com which is the owner thereof and in whom copyright therefore vests. The compilation (meaning the collection, arrangement and assembly) of all content on this site, including the “look and feel”, the juxtaposition of elements and layout of the site is the exclusive property of Madhavidesai.com and is protected by Indian and international copyright law. Any use, including the reproduction, modification, distribution, transmission, republication, display or performance, whether or not for profit or commercial gain, of any part of the content on the Madhavidesai.com site, without prior written permission or authorization is strictly prohibited. Madhavidesai.com asserts its moral and legal rights to be identified as the owner of the copyrights in proprietary works on this site.

The Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Except as expressly authorized by Madhavidesai.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by Madhavidesai.com for use in accessing the Service.

20 Governing Law & Jurisdiction

The owner is an Indian company, based in India and is rendering worldwide service from India, even though the website address may be located in North America. however, the entire management and all the business activities including the providing the contents of the website, providing service, information, materials, data, etc., are organized, updated and maintained by the owner from India and are controlled from India. this agreement is governed by the laws of India.
Before being permitted to use this service, you must expressly accept the entire terms and conditions of this contract without any modification or reservation and only thereupon will you be permitted to use the Madhavidesai.com website and the service, irrespective of where you or your organization are located.
This agreement is deemed to have been signed and executed in Mumbai (Bombay), India and you expressly submit yourself to the exclusive jurisdiction of courts in Mumbai (Bombay), India, in respect of any disputes arising in any manner out of or relating to the Madhavidesai.com website, the service, the site materials, this agreement or your use or understanding thereof.
You expressly waive any objection of whatsoever nature to Indian jurisdiction and agree not to raise any objection or take any plea as to Indian jurisdiction on the ground of forum inconvenient, delay, expense, hardship or otherwise howsoever.
You further expressly agree not to initiate any legal proceedings against the owner in respect of any matter relating to or arising out of the Madhavidesai.com website, the site material, the service or this agreement or its use, interpretation or understanding in any jurisdiction except that of the courts in Mumbai (Bombay), India. you expressly agree that in the event of any litigation being commenced by you or anyone claiming under you or associated with you against the owner in any jurisdiction other than that of the courts in Mumbai (Bombay), India, then you will consent in and support an application for the stay of legal proceedings in such other jurisdiction so that the parties concerned may adopt appropriate legal proceedings in local Indian jurisdiction.
You are advised to take a hard-copy print-out of this agreement and to keep the same in a secure place.

21 Entire Agreement

The TOS constitute the entire agreement between you and Madhavidesai.com and govern your use of the Service, superceding any prior agreements between you and Madhavidesai.com or Madhavidesai.com (including any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Madhavidesai.com services, third-party content or third-party software.

22 Non-Waiver

Save and except as expressly provided in this Agreement, no exercise, or failure to exercise, or delay in exercising any right, power or remedy vested in this Agreement shall constitute a waiver by madhavidesai.com of that or any other right, remedy or power. No forbearance, indulgence or relaxation or inaction by madhavidesai.com at any time to require performance of any of the provisions of this Agreement shall in any way affect, diminish or prejudice the right of madhavidesai.com to require performance of that provision and any waiver or acquiescence by you of any breach of any of the provisions of this Agreement shall not be construed as a waiver or acquiescence of any right under or arising out of this Agreement, or acquiescence to or recognition of rights and/or position other than as expressly stipulated in this Agreement.

23 Severability

If any term, provision or condition of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable provision of this Agreement shall be replaced with a provision which is valid and enforceable and most nearly reflects the original intent of the unenforceable provision. If, for any reason, such replacement is not possible or permissible, then and in that event the offending term, provision, condition same shall be deemed to be deleted from this Agreement and shall be of no force and effect and effect as if such term, condition or provision had not been contained in this Agreement.

24 Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within six months after such claim or cause of action arose or be forever barred.

25 Cumulative Rights

All remedies of either Party under this Agreement, whether provided herein or conferred by statute, civil law, common law, custom, trade, or usage, are cumulative and not alternative and may be enforced successively or concurrently.

26 No Agency

The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party shall have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent.

27 No Assignment

The benefits under this Agreement are personal to you and you may not in any way and under any circumstances assign the same or any part thereof.