A. Terms of Services on the Website and / Or Mobile Apps of mPower Business Services ( A Unit of SRIS Business Services LLP ) :

General

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it 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 www.mpower-education.com and all other associated web sites and applications

1. The domain name www.mpower-education.com (hereinafter referred to as “the Website”) is owned by mPower Business Services hereinafter referred to as the “Company”), having its registered office at Flat # B 402, KBC Heights, Nidamanuru Road, Poranki, Near Z P High School, Vijayawada, Andhra Pradesh - 521137.
2. For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to use the Website by providing Registration Data while registering on the Website. The term “mPower Business Services” or “we” or “us” shall mean the “Company”. The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
3. The use of this website by you is solely governed by these terms and conditions and any policy so mentioned by terms of reference. Moving past home page or using any of the services mentioned on the Website shall be taken to mean that you have read and agreed to be bound by all of the policies. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into these Terms of Use and shall be considered a part and parcel of these Terms of Use.
4. We hold the sole right to modify the Terms of Service without prior permission from you or informing You. The relationship creates a duty on you to periodically check the terms and stay updated on its requirements. If you continue to use the Website following such a change, this is deemed as consent by you to the so amended policies. 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 Company Policies (including but not limited to Privacy Policy available at the website) as amended from time to time.

ABOUT US

We provide a digital platform for selling both products and services and identify and create communities with common needs and enable services large scale ecommerce within those communities on a single platform.

1. MEMBERSHIP

   Use of this Website/Application is only available to those above the age of 18, excluding those “Incompetent to Contract”, and inter-alia include insolvents. If you are a minor and wish to use the Website, you may do so through your legal guardian and the Website/Application reserves the right to cancel your transaction on knowledge of you being a minor and having registered on the Application or availing any of its services without a legal guardian.

2. YOUR REGISTRATION OBLIGATIONS

   If you use the Website/Application, 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 Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website/application and refuse to provide You with access to the Website.

3. COMMUNICATIONS

   You are required to provide Company with your e-mail and/or mobile number, login/ password while transacting through this Website/Application. By using this Website/Application, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, from us at any time with the use of the telephone that has been provided by you for the use of this website which are subject to the Privacy Policy. This includes contacting you through information received through other parties. This consent to be contacted is for purposes that includes and are not limited to clarification calls and marketing and promotional calls. In case you wish to stop contact from us for the same, you may send us a mail to the effect at support@mpower-education.com with the subject line as “remove – your details”, you may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made. The sharing of the information provided by you will be governed by the Privacy Policy and we will not give out such contact information of yours to third parties not connected with the Website.

4. PLATFORM FOR TRANSACTION AND COMMUNICATION

   The Website/Application is a platform that Users utilize to meet and interact with one another for their transactions and availing services. Company is not and cannot be a party to or control in any manner any transaction between the Website’s Users.

5. DISPUTE RESOLUTION

   The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Vijayawada, and you hereby submit to the personal jurisdiction of such courts.

6. COVENANTS

   All commercial/contractual terms are offered by and agreed to between you and Company. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of transaction, warranties related to products and services and after sales services related to products and services.

   Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bonafides of any particular User that you choose to deal with on the Website and use your best judgement in that behalf.

   The Website/Application is only a platform that can be utilized by users to reach a larger base to transact, buy and sell products or services. Company is only providing a platform for products and services.

   You shall agree upon the manner and terms and conditions of payment, insurance etc. Disclaimer: Pricing on any product(s)/Service(s) as is reflected on the Website/Application may due to some technical issue, typographical error or product/service information published may be incorrectly reflected and in such an event Company may cancel such your transaction(s).

   You release and indemnify Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law.

7. CHARGES

   Company reserves the right to change its Fee Policy from time to time. Changes to the Fee Policy shall be updated on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.

8. USER OBLIGATIONS

   You are a restricted user of this Website. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website/Application. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/Application is not permitted and it is punishable.

   1. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, 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/Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/Application is specifically banned. You acknowledge and agree that by accessing or using the Website/Application or Services, You may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/Application. Further, you may report such allegedly offensive content to support@mpower-Education.com
   2. In places where this website/Application allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
      1. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
      2. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
      3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      4. Publish, post, disseminate, any information which 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”.
      5. Post any file that infringes the copyright, industrial design, patent, trademark or any other intellectual property of other legal entities.
      6. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Application or another’s computer;
      7. Probe, scan or test the vulnerability of the Website or any network connected to the Website, or 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 user of or visitor to, the Website/Application, or any other customer of the website/Application, including any website/Application Account not owned by You, to its source; or exploit the Website/Application or Service or information made available or offered by or through the Website, in any manner, whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
      8. Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Application, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
      9. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
      10. Use the Website/Application or any material or 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 this website or other third parties;
      11. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
      12. Violate any applicable laws or regulations for the time being in force within or outside India;
      13. Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
      14. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
      15. Multiple accounts for the same purpose are not allowed on the website/application. Result of such activity is all irrevocable account suspension.
      16. Our payment methods can be changed anytime without any notification. You shall not engage in advertising to, or solicitation of, other Users of the Website to transact, buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We 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. In no event shall Company 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 libellous, tortuous, or otherwise unlawful information.

   3. Company holds no responsibility for any content posted by any user or third party. For any content/s posted by anyone on the website, that party shall solely be liable for such content/s.Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Company express prior written consent. You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, ( 2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

      You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

   4. 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 personal 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 thereunder. Our current Privacy Policy is available at https://www.mpower-educatoin.com/privacy-policy/ if you object to Your Information being transferred or used in this way please do not use this Website.

      We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out. We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

      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; responding to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public. We and our affiliates will share some of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

   5. This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Company does not warrant that:
      

      • This Website will be constantly available, or available at all; or
      • The information on this Website is complete, true, accurate or non- misleading.
      
      Company will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Company does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold/services provided through this Website are governed by different state laws and if Seller/service provider is unable to provide such Products/services due to implications of different state laws, as per the Refund and Cancellation policy please contact respective seller / service provider/ education institution’s in regard to refund of advanced paid for the transaction. You will be required to enter a valid phone number while connecting with other users on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications/ or any other mode, in case of any transaction, order or shipment related updates.

   6. While availing any of the payment method/s 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 transaction/s, 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 purchases/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 purchases made on Website.
        
        Further
      • Transactions, Transaction Value and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between User, Buyer, Seller and payment facilitator is merely used by the User, Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Website.
      • You have specifically authorized Company or its service providers to collect, process, facilitate and remit payments and/or the Transaction Value electronically in respect of transactions through Payment Facility.
      • You understand, accept and agree that the payment facility provided by Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the Company Website using the existing authorized banking infrastructure and payment gateway networks with multiple payment method/instruments. Further, by providing Payment Facility, Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Value.
      
      

   7. You understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the other User to purchase the products and/or services from Company using the Payment Facility, and you shall pay the Transaction Value through Your issuing Bank to the Seller/service provider using Payment Facility.

      You, as a User/Buyer, may agree with the Seller/service provider through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch/Delivery time or subsequent novation/variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

      You, as a Buyer, shall electronically notify Payment Facility using the appropriate Company Website features immediately upon Delivery or non Delivery within the time period as provided in Policies.

      Refund, if any, shall be made at the same Issuing Bank from where Transaction amount was received.

      Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction amount received in Indian Rupees.

      Transaction charges levied shall not be refundable in any case whatsoever. 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).

      • Company reserves the right to impose limits on the number of Transactions or Transaction Value which it may receive from on 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/Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
      • Company reserves the right to refuse to process Transactions by Users/Buyers with a prior history of questionable charges including without limitation breach of any agreements with Company or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
      • Company may do such checks as it deems fit before approving the receipt of Users/Buyers commitment to pay offline or in Digital (for Payment in person transactions) Transaction Value from the User/Buyer for security or other reasons at the discretion of Company. As a result of such check if Company is not satisfied with the creditability of the User/Buyer or genuineness of the Transaction / Transaction Value, it will have the right to reject the receipt of Users/Buyers commitment to pay Transaction Value.
      • Company may delay notifying the payment confirmation i.e. informing Seller/service provider, if Company deems suspicious or for Users/Buyers/service providers conducting high transaction volumes to ensure safety of the Transaction and Transaction Value.
      • The User/Buyer/Seller/service provider/ acknowledge that Company will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Value or any delay in processing a Transaction/Transaction Value.
      • User/Buyer/seller/service provider shall comply with all the applicable laws (including without limitation ) Upload or distribute files that contain viruses, corrupted files, and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India).

9. DATA PROVIDED BY US

   1. From time to time, our team may post comments or articles. These articles are the Intellectual Property of the Company and you are prohibited from posting, re producing, publishing, changing, editing such articles. In case that you have a problem with any article so posted, you may report the same via mail and we will look into it. We are under no obligation to remove such articles and the final decision lies with us.
   2. We take utmost care to ensure that data provided at our Website is true and accurate. Sometimes, system errors creep in and data generated by other Users may be false. We are not responsible for any such data.
   3. We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property and Trademark infringement, breach of laws, etc.
   4. From time to time, our Website will have external links connected to other websites. We in no way endorse these websites. We are in no way liable for the information found on those websites. External websites may have their own policies and we in no way are responsible for any loss or damage cause by the same to you. You are advised to use at your own risk.

10. TRADEMARK, COPYRIGHT AND RESTRICTION

    This site is controlled and operated by Company. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited and punishable. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

11. INDEMNITY

    You agree to defend, indemnify, and hold harmless Company, its officers, subsidiaries, affiliates, successors, assignees, directors, officers, agents, service providers, suppliers, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses arising from-
    

    • Your use of and access to the website and/or the service;
    • Your violation of any term of these Terms;
    • Your violation of any third party right, including without limitation any copyright, trademark, trade secret, or other property, or privacy right; or
    • Any claim that your content caused damage to a third party.
    
    This defence and indemnification obligation shall survive termination, modification or expiration of these Terms and your use of the service and the website.

12. TERMINATION AND LIMITATION OF SERVICE

    You acknowledge and agree that Company may establish limits from time to time concerning use of the service, including among others, the maximum number of days that content will be maintained or retained by the service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the service, and the frequency with which you may access the service or the website. You acknowledge and agree that Company has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the website or the service. You acknowledge and agree that Company in its sole and absolute discretion, has the right (but not an obligation) to delete, or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the services Immediately and without notice and remove and discard any content within the service, for any reason or no reason at all, including without limitation, if Company believes that you have violated these Terms.

13. GRIEVANCE OFFICER

    If you have any grievance with respect to the Website or the service, you can contact our grievance officer at: support@mpower-education.com