Please read and accept all of the terms and conditions of this TERMS OF SITE USE (hereinafter referred to as, ‘Agreement’) carefully before You start to use the www.pathtocolleges.com (hereinafter referred to as, “Site”).
The Site is owned and operated by PATH TO COLLEGES, whose Corporate Office is located at 48A, Zamrudpur, Opp. LSR College, New Delhi -110048, India.
You represent and warrant that You possess the legal right and ability to enter into this Agreement and to use this Site in accordance with all terms and conditions herein after contained. You also acknowledge and agree that, unless PATH TO COLLEGES specifically provide otherwise, this Agreement only applies to this Site and PATH TO COLLEGES online activities, and does not apply to any of PATH TO COLLEGES offline activities.
1. Modification of Terms
PATH TO COLLEGES may add to or change or update this Agreement at any time entirely at its own discretion without any advance notice. Changed terms and condition will become effective once posted on the Site. Your use of a Site after any amendment to the terms and conditions of use shall constitute your acceptance of these terms and conditions.
2. Disclaimer of Warranties and Limitation of Liability
All the contents of this Site are only for general information or use. They do not constitute any advice and should not be relied upon in making (or refraining from making) any decision. PATH TO COLLEGES disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Site, or by anyone who may be informed or act upon any of its contents.Your access to and use of software and other materials on, or through, this Site is solely at Your own risk. PATH TO COLLEGES make no warranty whatsoever about the reliability, stability or virus free nature of such software.
PATH TO COLLEGES have taken reasonable steps to ensure the information provided by it on this Site is accurate at the time You view it. However, PATH TO COLLEGES cannot and have not checked the accuracy of all information provided by outside sources for example by the providers of other information, or of other parties linked to or from the Site.
PATH TO COLLEGES aim to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed and PATH TO COLLEGES reserve the right to withdraw or amend the service PATH TO COLLEGES provide on the Site without notice. Also, Your access to the Site may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. PATH TO COLLEGES will attempt to limit the frequency and duration of any such suspension or restriction. PATH TO COLLEGES will not be liable if for any reason Site is unavailable at any time or period. You also agree and confirm that Your usage of this Site is subject to force majeure conditions.
2.2 Disclaimer of Warranty
To the maximum extent permitted by applicable law, PATH TO COLLEGES disclaim all warranties relating to the information, software, products and services contained in this Site. All such information is provided ‘AS IS’ without warranty of any kind. PATH TO COLLEGES hereby disclaim all warranties and conditions with regard to this information, software, products and services contained in this Site including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
2.3 Limitation of Liability
PATH TO COLLEGES and its affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to Your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the PATH TO COLLEGES Sites/services, with the delay or inability to use the PATH TO COLLEGES Sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the PATH TO COLLEGES Sites/services, or otherwise arising out of the use of the PATH TO COLLEGES Sites/services) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made by PATH TO COLLEGES as to the:-
(a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation;
(b) that the service will be uninterrupted, timely, secure, or error-free;
(c) the quality of any products, services, content, information, or other material purchased or obtained from the Site will meet your expectations or requirements; or
(d) any errors in the Site will be corrected.
In no event will PATH TO COLLEGES be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:
1. Access to, or use of this Site, or delay or inability to use this Site, or any information contained in this Site; or,
2. The availability and utility of products and services
Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law. Any rights not expressly granted herein are reserved by PATH TO COLLEGES.
As a condition of use of this Site, You agree to indemnify PATH TO COLLEGES and its affiliates, employees, consultants and associates from and against any and all liabilities, expenses (including attorney's fees) and damages arising out of claims resulting from Your use of this Site, or Your violation of any law or the rights of a third party, including without limitation any claims alleging facts that if true would constitute a breach by You of this Agreement.
5.Termination of Account
PATH TO COLLEGES reserves the right to refuse service, restrict, suspend, terminate Your access to Site; Refuse, move or remove for any reason any content/image that You submit on or through the services; Refuse, move, or remove any content/image that is available on or through the services; Establish general practices and limits concerning use of the services) at any time in its sole discretion with or without cause, and with or without any prior notice for any violation of this Agreement . Upon such termination or suspension, Your right to use the Site shall immediately cease.
6. Limitations on Use
You agree to use this Site solely to determine the availability of goods and services and make legitimate reservations or transact business with PATH TO COLLEGES. You agree to use the Site only for personal, non-commercial use. All fees, assessments, charges, taxes and duties arising out of use of the Site are Your sole responsibility.
You agree not to abuse the Site. 'Abuse' includes, without limitation, using the Site to:
1. Defame, harass, stalk, threaten, abuse or otherwise violate others' rights as defined by applicable law.
2. Harm or interfere with the operation of others' computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses.
3. Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software.
4. Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark.
5. Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information.
6. Download or upload files that are unlawful to distribute through the Site.
7. Transmit any information or software obtained through the site, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Site.
8. interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
9. bypass PATH TO COLLEGES’s robot exclusion headers or other measures, PATH TO COLLEGES may use to prevent or restrict access to the Site.
10. Cause an excessively large load on the infrastructure of the Site.
11. Falsely use a password or personal identification number during logging into the Site, or misrepresent one's identity or authority to act on behalf of another.
12. Violate this Agreement in any other manner.
7.Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this Site are the property of PATH TO COLLEGES, its affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of PATH TO COLLEGES. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
8. Electronic Communications
When You visit this Site or send emails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
9. Arbitration & Jurisdiction
Any dispute or difference relating to the Site or this Agreement shall be referred to the Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory re-enactment of the same. Reference shall be made to the sole Arbitrator to be appointed by PATH TO COLLEGES. The venue of the Arbitration shall be New Delhi and the language of the Arbitration shall be English. The award of the Arbitrator shall be final and binding on the parties.
The Agreement shall be governed by the Laws of India. Any legal actions pertaining to this Site or this Agreement shall be commenced within the competent courts in New Delhi to the exclusion of other courts.