Publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.edusoftacademy.com website.

The domain name www.edusoftacademy.com or Mobile Application Edusoft Virtual or any other applications (hereinafter referred to as "Platform") is owned by Edusoft Technologies Private Limited, a company incorporated under the Companies Act- 2063, with its registered office at Kirtipur, Kathmandu, Nepal. (hereinafter referred to as "EDUSOFT ACADEMY").

Your use of this platform and services and tools provided by us are governed by the following terms and conditions ("Terms of Use") as applicable including the applicable policies which are incorporated herein by way of reference. If You transact on this platform, You shall be subject to the policies that are applicable for such transaction. By mere use of the platform, You shall be contracting with Edusoft Technologies Private Limited and these terms and conditions including the policies constitute Your binding obligations, with EDUSOFT ACADEMY.

For the purpose of these Terms of Use, wherever the context so requires "You" , “Yours” or "User" ” shall mean any natural or legal person who browses the Platform or has agreed to become a subscriber to the Services on the Platform by providing login credentials while registering on our Platform as a Subscribed User (defined below). The term "We", "Us", "Our" shall mean Edusoft Technologies Private Limited.

When You use any of the services provided by Us through this platform, including but not limited to, (e.g. Video Course, Test Series , Test Series Reviews, Notes, E-Book), 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 this 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 PLATFORM 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 EDUSOFT ACADEMY Policies (including but not limited to Privacy Policy available on https://www.edusoftacademy.com/) as amended from time to time.

Acceptance of Terms

1. These Terms of Use set forth a legally binding contract between Us, and You, the user. By using the Platform, you agree to be bound by all the conditions stated herein. Even if You only visit the Website or review any of the service offerings made available by Us, you will be bound by these Terms of Use. If You do not accept these Terms of Use, you must not use the Website or the Platform.

2. In consideration of your use of the Website and App, you agree:
1. To provide true, accurate, current and complete information about yourself complying with Clause 2 of this Terms and Conditions and as prompted in order to generate the login credentials.
2. To the responsibility of ensuring that You meet the required qualification while opting for the Paid Account (defined hereunder);
3. To maintain and promptly update your login credentials to keep it true, accurate, current and complete
4. And acknowledge that Edusoft Academy is not responsible to ensure that You Conform to the eligibility criteria;
5. To seek the consent of Your parents/legal guardians before providing any Information about Yourself or Your parents and other family members on this platform.
6. We are not responsible for any consequence that arises as a result of misuse of any kind in the Edusoft Academy portal or any of Our Services

3. 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, We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Platform.

4. This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

5. You may access this platform or subscribe to the Services only for Your personal use. The Platform as a whole, is owned exclusively by Edusoft Technologies Pvt. Ltd. You acknowledge that Edusoft Academy is providing You with a revocable, limited, non-exclusive, and non-transferable license to use the features of the Website and the Application or any services provided. You will upon logging into the Website as a regular user be entitled to view Our limited free content as a demo offerings. You will get access to once You enrol as a Subscriber. You are advised to review this free content before taking the decision to proceed to subscribe to the Services as a Subscribed User as defined in clause 1.7.

6. By registering Your e-mail address and/or phone number with Us, You consent to be contacted by Us via phone calls, SMS notifications, and/or e-mails, in case of any subscription or Service updates.

7. You are entirely responsible for maintaining the security and confidentiality of Your account as well as the login credentials to the account once you become a Subscribed User.

8. We will not be liable for any loss that You may incur because of someone else using Your account, either with or without Your knowledge. You may be held liable for any losses incurred by Us or another party due to someone else using Your account.

Eligibility

1. Persons who are "competent/capable" of contracting within the meaning of the Contract Act, 2065 (2000) shall be eligible to register for Edusoft Academy platform and be a Registered User (defined hereunder). Persons who are minors are not eligible to register for Our Services. As a minor if You wish to use this platform or Our Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Edusoft Academy App/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents.

2. To register on the Platform for availing the Services (as defined in Clause 3.1 below) on an account login based paid subscription (“Subscriber”/ “Subscribed User”), You will be mandatorily required to either be a student or candidate preparing for competitive exams taken by Public Service Commission, Teachers Service Commission, any registered university of Nepal or National Examination Board of Nepal. To be eligible to become a Subscriber or Subscribed User, You will be required to give details to validate your eligibility by filling in all mandatory fields in the online Service subscription enrolment. Subsequent to You completing all fields in the Service subscription form, you will have access to certain free content in the capacity of Registered User and have the option to purchase a paid subscription of your choice. If You choose to purchase a paid subscription, You will be directed to the purchase page and select the Services and duration for which You wish to become a Subscribed User. Post registration, only once the payment has been received by Edusoft Academy in full, will You attain the status of a Subscribed User or as Paid User. After the payment is complete, You will receive a confirmation email to the registered email ID confirming your plan details and credentials for accessing the Platform or you can assess the login credential to Edusoft Virtual app from students portal. You will have to make a request to activate your login credential.

Services of Edusoft Academy

1. To avail the full range of course content offered as part of the Services, You will have to mandatorily be a Subscribed User meeting all the requirements set out in Clause 2.2 The Services and amounts payable to access the Services may differ for different Subscribed Users and will be based on the course combination chosen by You either at the time of enrolling as a Subscribed User or thereafter based on the courses a Subscribed User adds through his/ her account. In these Terms of Use, the term “Services” shall mean and include with limitation, the online tutorial videos and content as well as study materials that will be accessible to You as a Subscribed User and will exclude the free demo content that is accessible to all Registered Users visiting the Platform. The foregoing meaning and scope of Services may be subject to change and the definition shall not in any way limit or restrict Our right to remove or add features to the Platform.

2. As a “Registered User”, You are enrolled to the basic demo video content by default and have the option to purchase a Paid Services Account (“Paid Account”) and become a Subscribed User. If You have initially enrolled. You will have the option of upgrading the Service to paid account which will give you access to the content you have paid for. After the payment you will have option to access the content through streaming or downloading. Once your paid account is activated you will be provided with the login credential to your registered email or your student bash board, which will facilitate you to access the video content through our application Edusoft Virtual which is made available to download through your Students Dashboard.

3. You agree that any Services provided by Edusoft Academy may be subject to change at the discretion of Edusoft Academy and Edusoft Academy may add, remove or modify offerings to its existing scope of Services at such fees as will be solely determined by Edusoft Academy.

4. Edusoft Academy may at its discretion revise the amount payable in respect of existing offerings forming part of the Services that may be made available to You.

5. You agree that Edusoft Academy may at any time and for any reason, terminate Your access to whole or part of the Platform, or restrict or suspend Your access to your Subscribed User account, for any or no reason, with or without prior notice, and without any liability to You.

Password and Security

1. If You use the Platform and wish to avail Services by creating a User account, You may be required to submit your phone number and/or email ID and choose a password which will be the only set of credentials basis which You will be granted access to the Platform and its Services. You are responsible for maintaining the confidentiality of Your password and other credentials to access the Services. If there is any compromise to Your account, you can change your password using the ‘forgot password’ functionality available on the login page used to access the Platform.

Third Parties

1. We may use/integrate another third party’s platform on Our Website or the Edusoft Academy App. We may also use third party platforms to provide services to ourselves. In such event, You will be bound by such third party’s terms and conditions, privacy policy, and any other applicable policies. You also agree and hereby authorize Edusoft Academy to share Your details and personal information with such third parties to the extent necessary for Edusoft Academy to deliver the Services to You which may be limited to your name, email and phone no.

Payment Terms

1. Any payments made to Edusoft Academy in respect of Services are subject to the payment terms of Edusoft Academy as will be notified to You once You initiate the process to become a Subscribed User. The current existing payment option have been given in product page of edusoftacademy.com

2. The Fee including VAT and any delivery charges payable in relation to delivery of hard copy or electronic versions of document based Study materials, if applicable, will be shown prior to completion of the online payment transaction.

3. In the unlikely event that, due to a technical error, the amount of the Fee displayed on the Platform is incorrect, Edusoft Academy will notify You as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Platform, Edusoft Academy will contact You through your registered e-mail address and/or phone number to notify You of the correct Fee. To avail all Services for the duration of Subscription, You may be required to remit any additional fees such that the correct Fee is paid by you.

4. Edusoft Academy hereby notifies You that Edusoft Academy uses third party payment gateway service providers to process payment made by You towards the Service subscription. It is hereby clarified that Edusoft Academy will not be responsible for any payment failures or errors occurring due to technical issues at the bank’s end or issues arising from the third payment gateway and all such issues should be resolved directly between You and the banking or payment gateway partner concerned.

Disclaimer as regards Study materials

1. The term “Study Materials” as used in these Terms of Use include the videos, question bank, test series and any other learning material posted for the specific topics as well as other hard copy or electronic materials that maybe made available from time to time. Sometimes soft copy document versions of the video lectures maybe provided to a Subscribed User basis Edusoft Academy’s sole assessment as regards the need for such material. Where soft copy Study Materials accompany the Services, these study materials will be made available to You, upon meeting all the conditions stipulated in these Terms of Use and You becoming a Subscribed User.

2. Edusoft Academy does not make any representation, guarantee or commitment to You that the Study Materials offered either in the demo versions or as part of subscribed Services will be error free.

3. Edusoft Academy do not claim any guaranteed rank, mark or success with the use of "Edusoft Academy" platform.

Online Subscription and Access Terms

1. Except as set out in the description of the subscription model available on the Platform, no additional study materials and/or video tutorials will be provided by Edusoft Academy.

2. Upon receipt of a confirmation e-mail from Edusoft Academy you will be notified when You (only as a Subscribed User) have access to purchased Services and for the length of time such access will be made available to You, subject however to Edusoft Academy’s absolute right to suspend or terminate access in accordance with these Terms of Use.

3. A subscription received is personal to You and You shall not transfer or share your right to access the Study Material or further sell the subscription or allow access to the subscription to any other person for consideration or otherwise.

System Requirements

1. Please note that it is Your responsibility to check that the computer or device You plan to use to access the subscription is compatible with the minimum specification requirement that relates to the subscription you are opting for. You acknowledge and accept that Edusoft Academy cannot be held responsible for any technical problems (including but not limited to playback of video content) with windows laptop or mobile phone devices You encounter following the commencement of the subscription.

2. Minimum System Requirements:
1. Android version 6.0.1 - Non-rooted – android mobile phone and tables
2. Windows laptop with minimum 2 GB RAM, windows 7 or above operating system, Disk space of minimum 64 GB, processor intel i3.

Modifications to Subscription

1. From time to time, Edusoft Academy may make modifications, enhancements or issue clarifications (for example, clarification of doubt, interactive sessions) to the subscription, including but not limited to changes in Services, number of Services available, pricing and validity of Subscription duration.

2. Technical Support and Access

3. Edusoft Academy does not warrant uninterrupted or error-free operation of the subscription.

4. Edusoft Academy is not obliged to offer You any technical support in relation to your subscription other than the specific support that has been included as part of the subscription plan You have opted for, however the technical support to install the application shall be provided form Edusoft Academy technical team. Contact number for the same shall be made available in students dashboard.

5. You also accept and acknowledge that Edusoft Academy cannot be held responsible for any delay or disruptions to your subscription as a result of such suspension or any of the following but not limited to:
1. the operation of the internet and the World Wide Web, including but not limited to viruses.
2. any firewall restrictions that have been placed on your network or the computer You are using to access the Services.
3. failures of telecommunications links and equipment or
4. updated browser issues
5. DRM protocols preventing playback of media
6. Not meeting standards any of the minimum system requirements as defined in clause 8.

Disclaimer of Warranties and Liabilities

1. We shall not be liable for any interference, virus, hacking, or any such consequence, caused by any network or internet service providers and failure of device manufacturers to support DRM protocols.

2. Any content posted on a third-party platform, by Us or any authorised third party, shall be subject to the terms and conditions, and policies, of that third-party platform in addition to the terms and conditions set forth herein.

3. SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL EDUSOFT ACADEMY OR ITS EMPLOYEES’, OR ITS AGENTS’, PARTNERS, AND CONTRACTORS’, AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE AFORESAID SERVICES TO YOU, EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY EDUSOFT ACADEMY FROM YOU, FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS. IN THE EVENT THAT YOU ARE NOT A SUBSCRIBED USER, EDUSOFT ACADEMY WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES.

Disclaimer of Services

You acknowledge and agree that the suggestions and recommendation provided by Us on the Platform or on our video course are only suggestions, and You may comply with it at Your choice and option. Edusoft Academy offers You various services via the Platform, to help You prepare for all types of competitive examinations with customised support and assistance.

Data protection

1. Edusoft Academy will process the information it receives from You or otherwise holds about You in accordance with these Terms of Use and the Privacy Policy. You consent to the use by Edusoft Academy of such information in accordance with these Terms of Use and Edusoft Academy’s Privacy Policy.

2. You acknowledge that Edusoft Academy may conduct online surveys from time to time. The data collected through these surveys are used to gauge our service, collect demographic information and other information that we may find useful. We may share non-personal, aggregated information with third parties. By agreeing to these Terms of Use, You agree to Edusoft Academy using your information in this manner.

Edusoft Academy No Sharing Fair Usage Policy

1. An Edusoft Academy Paid account is meant to be used by only one user.

2. Sharing Edusoft Academy Paid account credentials for both personal use or commercial purposes will result in account blockage without warning.

3. As per this Fair Usage policy, each user will have a maximum number of 1000 Fair Usage hours to watch the videos. Once the 1000 hours is exceeded, the account will fall under scrutiny and we will look for more evidence of sharing. Watch duration will be based on the number of hours of the course opted.

4. Apart from the Fair Usage Hours, we also track a number of other parameters to identify any form of sharing.

5. If a violation of this policy is identified, your account will get blocked and will not be reversed under any circumstances.

Prohibited Conduct

1. You agree that You shall not use the Services or the Website in order to host, display, upload, modify, publish, transmit, update, distribute, share, store material. 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. 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 is not permitted.
1. in violation of any applicable law or regulation;
2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
3. that belongs to another person and to which the user does not have any right to;
4. that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
5. that harms minors in any way;
6. that impersonate another person or entity;
7. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Edusoft Academy’s computer systems or site or Edusoft Academy’s Users, customer’s computer systems or site;
8. threatens the unity, integrity, defence, security or sovereignty of India and any other countries, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.

2. If You become aware of misuse of the Service by any person, please contact [support@edusoftacademy.com or call 9851138082].

3. You shall not either as a regular browsing user, Basic Plan user, or as a Subscribed User use the Platform to either directly or indirectly either alone or with another third party disassemble, reverse engineer or decompile any part or whole of the Platform in order to get access or attempt to get access to the underlying software, source or proprietary technology which enables the Services or other functionalities of the Platform or do anything with an intent to create derivative works or competing platforms that provide same or similar services.

4. You shall not either directly or through other third parties take, post, publish, transmit or otherwise make available any of the Study Material or video tutorials on any other medium. Further, You undertake not to use, display, mirror or frame the Platform or any individual element within the Platform, unless this is expressly approved by Edusoft Academy in writing.

5. You shall not copy or record or make any attempt to copy or record part or whole of the Services or use the Services for further distribution any mode so as to commercially benefit from the Study Material or engage in any form of piracy.

Termination or Suspension of Account for Illegalities or suspected Illegalities

1. If there is a suspicion of untoward or illegal activity, we may suspend your account immediately and if required, debar all future access by You to the Platform.

2. Edusoft Academy reserves the right to cancel any subscription it believes has been compromised, or is being used fraudulently, at its own discretion without any financial liability to You.

3. User’s account will be Blocked for the following reasons ( but not limited to):
1. If found suspicious (High/ Suspicious Activity)
2. Usage of Rooted/ Jailbroken Devices.
3. Screen Recording, Screen Mirroring, Downloading Videos out of Edusoft Academy Platform,
4. Using a camera, phone or any other device to record any Platform content
5. Sharing Edusoft Academy Screen Shots in Social Media or any other Network.
6. Sharing Edusoft Academy Accounts Credentials with anyone.
7. Usage of Multiple Devices (Other than upto to Two Devices for Personal Use)
8. Abusing Edusoft Academy and Edusoft Academy Faculties.
9. Try to sell Edusoft Academy Paid Accounts and Contents of Edusoft Academy.

Preservation/Disclosure

1. You acknowledge, consent and agree that Edusoft Academy may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
1. comply with legal process nationally or internationally;
2. enforce this Agreement;
3. respond to claims that any content violates the rights of third parties;
4. protect the rights, property or personal safety of Edusoft Academy, its subscribers and the public;
or
5. pursuant to the terms of the Privacy Policy, reach You for marketing or promotional purposes through any channel.

Security Components

1. You understand that Edusoft Academy and software embodied within Edusoft Academy and the Services you access may include security components that permit digital materials including the Study Materials to be protected, and that use of these Study Materials is subject to usage rules set by Edusoft Academy. You shall not attempt to override, disable, circumvent or otherwise interfere with any such security components, encryptions and usage rules embedded into Website or the specific Services accessible through Your Service account.

o Proprietary Rights

1. All materials on Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Edusoft Academy. You acknowledge and agree that all Material on Edusoft Academy is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in Edusoft Academy, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Edusoft Academy’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize Edusoft Academy or any part of the Material for any purpose other than its intended purposes is strictly prohibited

Edusoft Academy and Third Parties

1. All the tutors in the tutorial videos You access as part of the Services You use or subscribe for are independent third parties and not employees of Edusoft Academy. The professional and technical information contained in the video tutorial are the sole responsibility of the Tutor. Even though Edusoft Academy reviews content hosted as part of the Services on a best effort basis, Edusoft Academy disclaims all warranties as regards the authenticity or correctness of information communicated to You by the tutors and Edusoft Academy does not guarantee that the tutor videos contain updated information on the subject matter.

2. The Website may contain links to other apps or web pages owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Edusoft Academy does not assume any responsibility or liability for the actions, product, and content of any such websites. Before You access or visit any third party app or website, You should review website terms of use and policies for such app or web pages. If You decide to access any such third party platform, You do so at your own risk. The hosting of such links to third party content cannot under any circumstances be construed as Edusoft Academy’s endorsement of such third parties and You shall not implead Edusoft Academy in any suit or claim involving You and such third parties.

Trademark, Copyright and Restriction

1. Edusoft Academy provides You with a single limited license to use and access Website and applications and Materials hosted as part of the subscribed Services on devices which Edusoft Academy has permitted access at the time of Your subscription to the Services for the limited purpose of accessing the tutorial or associated Study Materials. The license is specifically personal, non-transferable, and non-exclusive. All content on website or the App, which is including, but not limited to, designs, text, graphics, images, information, logos, button icons, software, audio files and any other similar content are the exclusive and sole property of Edusoft Academy.

2. All icons and logos are trademarks of and proprietary to Edusoft Academy. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

3. All material on the Platform, including images, illustrations, audio clips, video clips and third-party licensed images are protected by copyrights, trademarks and other intellectual property rights. Material on Edusoft Academy 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 e-mail or other electronic means, whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of Edusoft Academy, modification of the Content, use of the Content on any other website, app 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.

4. At all times, Edusoft Academy and/or its licensors, remain the owner of the intellectual property in the tutorial, and the study materials. No Course and/or study materials nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of Edusoft Academy.

Terms and Termination

1. This Agreement shall remain in full force and effect for so long as You use Edusoft Academy. You may terminate your subscription at any time, for any reason, by contacting the Support channels of Edusoft Academy. Edusoft Academy however does not offer any refunds because of Your termination or discontinuation of the Services.

2. Edusoft Academy reserves the right to terminate Your services without prior notice. Your account or Your access to Edusoft Academy maybe terminated immediately, with or without notice to You, and without liability to You, if Edusoft Academy believes that You have breached any of covenants, conditions, restrictions or limitations contained in these Terms of Use or the Privacy Policy, or any false or misleading information, or interfered with use of Edusoft Academy by others.

Disclaimer of Warranties and Liability

1. All Content on the Platform, (including but not limited to software) and Services, included on or otherwise made available to You across all mediums are provided on permitted number of views basis on a limited number of whitelisted devices without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Edusoft Academy does not warrant that:

2. Platform will be constantly available or;

3. The information made available through the Services on the Platform is complete, true or accurate.

4. Edusoft Academy is not responsible to You for any data that You lose either
1. as a result of accessing the tutorial, or
2. as a result of accessing study materials, or
3. otherwise during the course of subscription.

5. Edusoft Academy will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any causes which is beyond Edusoft Academy’s reasonable control.

6. Each provision in these Terms of Use shall be construed separately as between You and Edusoft Academy. If any part of these Terms of Use are held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted, such provision shall apply but with such modification as may be necessary to make it valid and effective.

7. The tutorials are for personal training and for knowledge enhancement purposes only. Edusoft Academy will not accept any responsibility to any party for the use of the Services provided and/or the contents of the Study materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by You to any third party. Edusoft Academy shall not be responsible for any claims that may arise as a direct or indirect consequence of any third party placing reliance and acting upon the information obtained as part of the Services or Your advice to a third party basis the Study Material or tutorial videos or any other Services.

Indemnity

1. You agree to defend, indemnify and hold harmless Edusoft Academy, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:
1. your use of and access to the Website; 2. third party claims from Parties who rely on your representations to them basis the information made available through the Services; 3. your violation of any conditions in the Terms of Use and the Privacy Policy; or 4. your violation of any third party right, including without limitation any copyright, property, or privacy right.

Additional Terms

1. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or Platform (or any portion thereof) with or without notice. You agree that we will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of website.

2. This Agreement and any rights and licenses granted here under, may not be transferred or assigned by You, but may be assigned by Edusoft Academy without restriction.

3. These Terms of Use together with the Privacy Policy as well as subscription details such as pricing tables and any other legal notices published by Edusoft Academy on the Platform, shall constitute the entire agreement between You and Edusoft Academy concerning the Platform and governs your use of the Service and use of the Platform, superseding any prior agreements between You and Edusoft Academy with respect to the subject matter covered in these Terms of Use.

4. The failure of Edusoft Academy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

5. These Terms are governed by the laws of Nepal. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Kathmandu, Nepal.

Grievancess

1. In case of any grievance arising from the use of Platform, please contact: support@edusoftacademy.com or 01-5901590