Terms and Conditions
Introduction
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website achs-india.org (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of domain name achs-india.org (“Website”), including the related mobile site (hereinafter referred to as “Website”)
The website is owned by Asian Christian High School a unit of Asian Christian Academy of India a registered society under Karnataka Societies Registration Act, 1960 with its registered office at # 369/E Agara Main Road, Horamavu Village, Bengaluru, Karnataka, India – 560043 hereinafter referred to as “ACHS.”
Your use of the website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the website, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website, you shall be contracting with ACHS and these terms and conditions including the policies constitute your binding obligations, with ACHS.
Your use of the website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the website, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website, you shall be contracting with ACHS and these terms and conditions including the policies constitute your binding obligations, with ACHS.
For the purpose of these terms of use, wherever the context so requires “You” or “Website” shall mean any natural or legal person who has agreed to become a user on the Website by providing registration data while registering on the website as registered website using the computer systems. The term “We”, “Us”, “Our” shall mean ACHS.
When you use any of the services provided by us through the website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these terms of use and shall be considered as part and parcel of this terms of use.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these terms of use, at any time without any prior written notice to you. It is your responsibility to review these terms of use periodically for updates/changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these terms of use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website.
Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions under these terms of use, so please read the terms of use carefully before proceeding. By impliedly or expressly accepting these terms of use, you also accept and agree to be bound by ACHS Policies (including but not limited to privacy policy) as amended from time to time.
We own all the intellectual property rights associated with the website and its contents. No right, title or interest in any downloaded material is transferred to you as a result of any such downloading or copying. The Website is protected by copyright as a collective work and/ or compilation (meaning the collection, arrangement, and assembly) of all the content on this Website, pursuant to applicable law.
Our logos, product and service marks and/ or names, trademarks, copyrights and other intellectual property, whether registered or not (our Intellectual Property) are exclusively owned by us. Without our prior written permission, you agree to not display and/ or use Our IP in any manner. Nothing contained in this Website or the content, should be construed as granting, in any way to the User, any license or right or interest whatsoever, in and/ or to Our IP, without our express written permission.
Website Transactions and Usage of Website Provided Information
Transaction on the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the website.
If you use the website, you shall be responsible for maintaining the confidentiality of your display name and password and you shall be responsible for all activities that occur under your display name and password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this terms of use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the website and refuse to provide you with access to the website.
Your mobile phone number and/or e-mail address is treated as your primary identifier and contact information on the website. It is your responsibility to ensure that your mobile phone number and your email address is always up to date on the website. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the website.
You agree that ACHS shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your account in cases, including, where you have failed to update your revised mobile phone number and/or e-mail address on the website.
If you share or allow others to have access to your account on the website (“Account”), by creating separate profiles under your account, or otherwise, they will be able to view and access your account information. You shall be solely liable and responsible for all the activities undertaken under your account, and all activities done using your phone number and email ID, and any consequences therefrom.
Communications
When you use the website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records, and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Use of the Website
You agree, undertake, and confirm that your use of website shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is false, inaccurate or misleading in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other websites;
- solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
- interferes with another WEBSITE’s use and enjoyment of the Website or any other individual’s Website and enjoyment of similar services;
- refers to any Website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- deceives or misleads the addressee/ websites about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other website of or visitor to website, or any other customer, including any account on the website not owned by you, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms ACHS, www.achs-india.org, or otherwise engage in any conduct or action that might tarnish the image or reputation, of ACHS or otherwise tarnish or dilute any ACHS’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or ACHS’s systems or networks, or any systems or networks connected to ACHS.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the website, or with any other person’s use of the website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You may not use the website or any content for any purpose that is unlawful or prohibited by these terms of use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ACHS and / or others.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- We reserve the right, but has no obligation, to monitor the materials posted on the website. ACHS shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website and in your private messages. Please be advised that such content posted does not necessarily reflect ACHS views. In no event shall ACHS assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the website. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Privacy Policy
We view protection of your privacy as a very important principle. We understand clearly that you and your Personal Information is one of our most important assets. We store and process your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If you object to your Information being transferred or used in the manner that this website handles, please do not use our website.
We do not disclose your personal information to third parties for their marketing and advertising purposes. We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to enforce our Terms or Privacy Policy.
Collection of personal information: You may not be able to browse to some or whole of this website without registering with us. Please note we do not offer any product or service under this website outside India. Your personal information will primarily be stored and processed in India and may have data protection laws that are different from those that apply in the country in which you are located. By visiting this website, providing your information or availing our service, you expressly agree to be bound by the terms and conditions of this privacy policy, the terms of use and the applicable service terms and conditions, and agree to be governed by the laws of India including but not limited to the laws applicable to data protection and privacy. If you do not agree please do not use or access our website.
We may collect personal information (such as email address, postal address, name, phone number, credit card/debit card and other payment instrument details) from you when you set up an account to transact with us. Browsing this site requires require registration. We use your contact information to send you course details and further communications pertaining to your enquiry, etc. We record information relating to your use of ACHS, such as the searches you undertake, the pages you view, your browser type, IP address, location, requested URL, referring URL, and timestamp information. We use this type of information to administer ACHS and provide the highest possible level of security and service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of ACHS. However, you cannot be identified from this aggregate information.
The personal information collected will be used only for the purpose of enabling you to use the services provided by us, to help promote a safe service, inform you about updates, troubleshoot problems, customize User experience, detect and protect us against error, fraud and other criminal activity, collect money, enforce our terms and conditions, and as otherwise described to you at the time of collection of such information.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about you, we may collect such information into a file specific to you.
Retention of personal information: We retain your Personal Information for as long as we have a relationship with you. We may retain your personal information for a period of time after our relationship with you has ended where there is an ongoing business need to retain it, including to comply with our legal, regulatory, tax and / or accounting obligations. We will do so in accordance with our data retention policies and applicable law.
ACHS does not access or store your financial information when you subscribe to our services. ACHS partners with third party providers to process payments. These partners’ use and processing of your personal information, including your financial information, is subject to their privacy policies and not this ACHS Privacy Policy.
We maintain reasonable physical, electronic and procedural safeguards to protect your information. Whenever you access your account information, we offer the use of a secure server. Once your information is in our possession, we adhere to our security guidelines to protect it against unauthorized access. However, by using the website, the users accept the inherent security implications of data transmission over the internet and the World Wide Web which cannot always be guaranteed as completely secure, and therefore, there would always remain certain inherent risks regarding use of the Website.
You hereby acknowledge that ACHS is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner. Users are responsible for ensuring the protection of login and password records for their account.
Cookies and online tracking technologies: ACHS may use cookies (a small text file placed on your computer to identify your computer and browser) and other third-party tracking technologies such as web beacons (an electronic file placed on a website that monitors usage) to collect general and personally identifiable information about visitors to the Websites. The information collected is used to improve the experience of the Websites and Services, such as allowing us to recognize you when you revisit the websites to provide you with customized information and / or to remember your preferences. We use cookies and other third-party tracking technologies such as web beacons to collect personal information. Most web browsers are initially set up to accept cookies.
Online Payment and Refunds
- You, as a website, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with the ETS to purchase the application / pay fees / using the payment facility, and you shall pay the transaction price through your issuing bank to the us or the directed seller using payment facility.
- Refund shall be subject to user complying with extant policies.
- Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees after adjusting for administrative or cancellation fee as maybe applicable.
- For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
- Refunds may be supported for select banks. Where a bank is not supported for processing refunds, you will be required to share alternate bank account details with us for processing the refund.
- Refund shall be conditional and shall be with recourse available to ETS in case of any misuse by user.
- We may also request you for additional documents for verification and to investigate the need for a refund requested. Note that bank fees levied as platform or convenience fees by payment gateway agencies are not refundable.
- ACHS reserves the right to impose limits on the number of transactions or transaction price which ACHS may receive from an individual valid credit / debit / cash card / valid bank account / and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual user during any time period, and reserves the right to refuse to process transactions exceeding such limit.
- ACHS reserves the right to refuse to process transactions by users with a prior history of questionable charges including without limitation breach of any agreements by user with ACHS or breach / violation of any law or any charges imposed by issuing bank or breach of any policy.
- ACHS may do such checks as it deems fit before approving the receipt of / users commitment to pay (for cash on delivery of services or goods transactions) transaction price from the user for security or other reasons at the discretion of ACHS. As a result of such check if ACHS is not satisfied with the creditability of the user or genuineness of the transaction or other reasons at its sole discretion, ACHS shall have the right to reject the receipt of / users commitment to pay transaction price.
- Most valid credit / debit / cash card / and other payment instruments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the buyer and the respective issuing bank and payment instrument issuing company.
- All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between buyer and the respective Issuing Bank.
- While availing any of the payment methods available on the website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transactions, or
- Exceeding the preset limit mutually agreed by you and between “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
- All payments made against the services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the payments made on Website.
Complaints and Grievance Redressal
Any complaints or concerns in relation to your personal information or content of this website or any dispute or breach of confidentiality or any proprietary rights of user during use of the website or any intellectual property of any user should be immediately informed to the Grievance cum Nodal Officer at media@acaindia.org