Terms of Services1. Introduction
1.1. www.cleartranscripts.com and all associated sites linked with the same(the “Website”) are operated by EduRecords Education Services Private Limited (including its directors, full time employees, subsidiaries and affiliates, collectively the “Company”). The Company offers professional services, customer care services and custom logistics services towards obtaining educational records, including all information, tools and services available from time to time, on the Website (the “Services”).
1.2. By visiting or accessing any part of the Website or purchasing the Services, you agree to be bound by these terms and conditions (the “Terms of Service”), including any additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content. If you do not accept any or all of the Terms of Service, you may not access the Website or use any of the Services.
1.3. You can review the most current version of the Terms of Service at any time on this page. The Company reserves the right to unilaterally update, change or replace any part of these Terms of Service by posting updates or changes to the Website.It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
2. Description of Services
2.1. The Company’s objective is to simplify the process of obtaining official transcripts and other educational records to our Clients. As part of the Services, the Company provides a person to person logistics services platform specifically for educational records delivery. The Company’s associates apply, pick, pack and ship educational records from various educational institutions (the “Educational Institutions”). To enable this simplification we use one or more of technology platform, systems integration, professional services and partner network. You may be required to register yourself as a user of the Website to use any of the Services provided.
2.2. We do not verify or guarantee accuracy of the information provided by our Clients. We do not verify whether the educational records issued by the Educational Institutions are accurate. You agree that, the Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the application packet and all its attachments or ensuring the accuracy of the educational records as provided by the Educational Institutions.
2.3. It is hereby expressly clarified that you are applying for a logistics service offered by associates towards procuring educational records from the Educational Institutions only, and that the Company is in no way affiliated with the Educational Institutions.
3. Registration Obligations
3.1. During registration process on the Website for the use of any of the Services, you agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form and maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of all or any of the Services.
3.2. On registration, you will receive a password protected account and a user identification. You agree to: (i) maintain the confidentiality of your password; (ii) take full responsibility for all activities by users accessing the Website or Services through your account; (iii) immediately notify the Company of any unauthorised use of your account or any other breach of security that you become aware of; and (iv) ensure that you exit from your account at the end of each session. You are solely responsible for all activities that occur under your account.
3.3. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of the Company.
5.1. By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years of age you have given us your consent to allow any of your minor dependents to use this Website.
5.2. You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
5.3. You must not transmit any worms or viruses or any code of a destructive nature.
5.4. A breach or violation of any of the Terms of Service will result in an immediate termination of the Services provided.
6. General Conditions
6.1. The Company reserves the right to refuse service to anyone for any reason at any time.
6.2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
6.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any or access to the Service or any contact on the website through which the Service is provided, without express written permission of the Company.
6.4. The headings used in this Terms of Service are included for convenience only and will not limit or otherwise affect the contents of these Terms of Service.
6.5. You hereby authorize the Company and their nominated persons to apply and collect your transcripts and other educational records, as mentioned in the online application on your behalf, from the Educational Institutions.
7. Accuracy, Completeness and Timeliness Of Information
7.1. You agree that the information that you provide in the online and offline forms such as scanned copies of marks sheets, degree certificate or any other educational records asked for are complete, correct and are true replicas of the original issued by the institution and they have not been tampered. If any information supplied is considered to be untrue, incomplete or misleading in any respect, you agree that the Company and the Educational Institutions may take such action as it believes necessary including the disclosure of the information to any person or entity that Company considers has a legitimate interest in receiving it, and you consent to such disclosure.
7.2. The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Website. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk.
7.3. The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of the Website at any time, but has no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
7.4. Occasionally there may be information on the Website or in our Services that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the Services, the Educational Institutions, Service descriptions, pricing, promotions, offers, shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel requests for Services if any information on the Website or pertaining to the Services is inaccurate at any time without prior notice (including after you have engaged us in the Services).
7.5. We undertake no obligation to update, amend or clarify information in the Website or related to the Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Website or information pertaining to the Services, should be taken to indicate that all information on the Website or pertaining to the Services have been modified or updated.
8. Accuracy of Billing and Account Information
8.1. The Company reserves the right to refuse to provide any Services that you engage the Company for. The Company may, at its sole discretion, limit or cancel and order for Services. In the event the Company makes a change to or cancels a request for Services, the Company may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The Company reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by anyone who is not an end user of the Services, i.e. agents, intermediaries or persons engaged in similar businesses.
8.2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8.3. For more detail, please review our Returns Policy.
9. Disclaimers and Limitation of Liability
9.1. You expressly understand and agree that:
9.1.1. the Website and Services are provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to you.
9.1.2. the Company makes no representation or warranty that: (i) the Website and Services will be accurate or reliable; (ii) the Website and Services will be uninterrupted, timely, secure, or error-free; (iii) any information that may be obtained from the use of the Website and Services will be accurate, timely or complete; or (iv) any errors in any software used on the site or in connection with the Website and Services will be corrected.
9.1.3. THE COMPANY DOES NOT REPRESENT ANY EDUCATIONAL INSTITUTION, AND DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY ERROR OR INCONSISTENCY WITH RESPECT TO ANY INFORMATION RELATING TO SUCH EDUCATIONAL INSTITUTION DISPLAYED ON THE SITE OR WITH RESPECT TO THE SERVICES PROVIDED. ANY INFORMATION PROVIDED WITH RESPECT TO THE EDUCATIONAL INSTITUTION AND APPLICATION FEES PAYABLE IS SUBJECT TO CHANGE WITHOUT NOTICE. ANY TRADEMARK, WORD MARK OR INTELLECTUAL PROPERTY OF ANY EDUCATIONAL INSTITUTION BELONGS TO SUCH EDUCATIONAL INSTITUTION ALONE, AND THE COMPANY HAS NO RIGHT OR CLAIM OVER THE SAME.
9.1.4. the Company is not responsible and will have no liability for: (i) any content, services or products provided by any persons or entities other than the Company; (ii) damages of any kind that result from the downloading of any data or any other materials on the site or through the Website; or (iii) the failures of the internet or any data or telecommunications equipment, system or network used in connection with the site or the Website or Services.
9.1.5. neither the Company nor its affiliates will be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from your use of any of the Website or Services, or for any other claim related in any way to your use of the Website or Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or Services or any content posted, transmitted, or otherwise made available via the Website or Services, even if advised of their possibility.
10. Modifications to the Services and Prices
10.1. Prices for the Services are subject to change without notice.
10.2. The Company reserves the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
10.3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
10.4. The Company reserves the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. The Company may exercise this right on a case-by-case basis. The Company reserves the right to limit the quantities of any Services offered. Any offer for Services made on the Website is void where prohibited by applicable law.
10.5. We do not warrant that the quality of any Services purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
11. OPTIONAL TOOLS
11.1. The Company may provide you with access to third-party tools over which the Company neither monitors nor has any control nor input.
11.2. You acknowledge and agree that access to such tools is in an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. The Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
11.3. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
11.4. The Company may also, in the future, offer new Services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
12. Third Party Links
12.1. Certain content, products and services available via the Website or the Services may include materials from third-parties.
12.2. Third-party links on the Website may direct you to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
12.3. The Company isnot liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
13. User Comments, Feedback and Other Submissions
13.1. The Company may, but has no obligation to, monitor, edit or remove content that we determine in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
13.2. You agree that any of your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. The Company takes no responsibility and assumes no liability for any comments posted by you or any third-party.
14. Prohibited Uses
14.1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, nationalor state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of theWebsite, Services or any related website or other websites. The Company reserves the right to terminate your use of the Website, Services or any related website for violating any of the prohibited uses.
15.1. You agree to indemnify, defend and hold harmless the Company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
16.1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
17.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
17.2. These Terms of Service are effective unless and until terminated by either the Company or you. You may terminate these Terms of Service at any time by notifying the Company that you no longer wish to use the Website or the Services, or when you cease using our Website.
17.3. If in the Company’s sole judgment you fail, or the Company suspects that you have failed, to comply with any term or provision of these Terms of Service, the Company may also may terminate your access to the Website, or cease the provision of the Services at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Website or the Services (or any part thereof).
18. Entire Agreement
18.1. These Terms of Service and any policies or operating rules posted by the Company on the Websiteor in respect to the Servicesconstitutes the entire agreement and understanding between you and the Company and govern your use of the Website and the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
18.2. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
19.1. The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
20. Governing Law
20.1. These Terms of Service and any separate agreements whereby the Company provides you with the Services shall be governed by and construed in accordance with the laws of India. The courts in Bengaluru, Karnataka shall have the exclusive jurisdiction to hear any disputes that may arise under these Terms of Service. Any non-India addresses and means of communication provided on the Website are only for easing the application process and should not be construed as the Company’s business offices in that region.
21. Contact Information
21.1. Questions about the Terms of Service should be sent to us at email@example.com.