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Terms and conditions

These Terms and Conditions of Use shall apply to all Users who use or access the Website (as defined below), including persons who wish to submit applications for students admissions online, that is owned by Don Bosco School of Excellence, a Society registered under the laws of India, having its registered office at 8, Casa Major Road, Egmore, Chennai 600008  (hereinafter “the Owner”) being the owner and administrator of the Don Bosco School of Excellence, Egmore, Chennai (hereinafter “Don Bosco School”).

The Website is essentially an online platform where Authorized Users may and gather information about the Owner and the Don Bosco School, participate in discussions, obtain contact information of the Owner and the School and also make online applications for students’ admissions into Don Bosco School.

Access to the Website is subject to your compliance with and acceptance of these Terms and Conditions of Use, the Privacy Policy (found here), the Disclaimer (found here) and any other terms and conditions which may be applicable to accessing and using the Website as detailed in the relevant pages of the Website, collectively referred to as “the Terms”. 

Once accepted or deemed accepted (as stated herein), the Terms shall form the legal contract (hereinafter “the User Agreement”) between a User and the Owner vis-à-vis the use and access of the Website and all other matters arising out of or in connection therewith.

Acceptance of the Terms, Modifications and Consequences of Violation of the Terms

Please ensure that you read and understand the Terms carefully. By accessing the Website, you agree to be bound by the Terms and signify your absolute and unqualified acceptance thereof. If you do not agree with any of the Terms, please do not use or access the Website. If you have any questions about the Terms, please contact School office.

Use and access of the Website is void where prohibited. The Owner may amend/modify the Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms on the Website. You are required to review the modified Terms periodically (as often as possible) to be aware of such modifications. Your continued access or use of the Website shall be deemed proof of your acceptance of the Terms as modified.

In the event that you access or use the Website in contravention or violation of any of the Terms, the Owner shall be entitled to terminate the User Agreement immediately, block your Registered Account and remove any information or posting which is does not comply with the terms or any law in force in India. The Owner shall also be entitled to block access by you to the Website and/or seek any additional relief as available under law.

Definitions

Unless the context otherwise requires or unless otherwise defined or provided for herein, the capitalized terms used in the Terms shall have the following meanings:

  • “Date of Commencement” shall mean the date on which the User Agreement comes into force or is deemed to come into force between the User and the Owner, and shall be the date from which a User first accessed or uses the Website or registers with the Website, whichever is earliest.
  • “Date of Termination” shall mean the date on which the User Agreement is terminated in accordance with the Terms.
  • “Don Bosco School” shall mean the Don Bosco School of Excellence, Egmore, Chennai, owned and administered by the Owner.
  • Intellectual Property" shall include all patents, copyrights, trademarks, logos, brand names, corporate names, designs and artistic creations and all information, ideas, technology, software, products and processes of inventions, improvements and discoveries, trade secrets, data and know-how and similar rights of any type, whether or not capable of being registered.
  • “Owner” or “we/our/us” shall mean School, a Society registered under the laws of India, having its registered of office at 8, Casa Major Road, Egmore, Chennai 600008, being the owner of the Website and its representatives, officers, successors and assignees.
  • “Person” shall mean shall include an individual, an association, a corporation, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company or other entity or organization, including a government or political sub-division, or agency or instrumentality thereof and/or any other legal entity recognized as such under the applicable laws of the territory in which it is incorporated.
  • Registered Account” shall mean the account granted to a Registered User with the Website after registration by the User with the Website which may be used for future transactions as well.
  • “Terms” shall mean collectively the Terms and Conditions of Use, the Privacy Policy, the Disclaimer of the Website and any other terms and conditions which may be applicable to use or access of the Website as detailed in the relevant page as amended or modified from time to time.
  • “User(s)” or “You/Your” shall include both Authorized Users and Unauthorized Users. An “Authorized User” shall mean a Registered User, i.e., a Person registered with the Website with a User login ID and password and who hold Registered Accounts and persons other than Unauthorized Users. An “Unauthorized User” shall include any Person who accesses the Website or its databases who does not have a legal right to use or access the Website, any Person who has for any reason (by the operation of law or otherwise) been prohibited from accessing the Website or hackers. Such Unauthorized User would also be fully bound by the terms, conditions and obligations set forth in the Terms and shall be liable to abide by the same.
  • “User Agreement” shall mean the legally binding contract deemed to exist between a User and the Owner and shall consist of the Terms as modified from time to time. However, it is hereby clarified that insofar as these Terms also apply to an Unauthorized User, the User Agreement shall only serve to define the obligations and liabilities of such Unauthorized User and shall not bind the Owner to perform any services or conditions or obligations, nor does it entitle the Unauthorized User to claim any rights, protection or benefits of any nature whatsoever thereunder.
  •  “Website” shall mean the website “www.dbschoolofexcellence.org ” and further web pages/websites created by or on behalf of the Owner for Don Bosco School related to the above-mentioned site.

 

The singular includes the plural and vice versa, and words importing a gender include other genders.

All references to requirements of notice to, permission or consent of, or communication with the Owner shall be construed as being required to be given to, or received from, the authorized personnel alone of the Owner.

Browsing, Access and Applications for Students Admissions on the Website

You may access the Website for procuring information about the Owner, Don Bosco School and related matters. Access and use of the Website is prohibited for Unauthorized Users.

In order to submit an application form for admission to Don Bosco School on the Website, you may do so by creating a Registered Account, i.e., registering yourself on the Website (in which case you will be provided with a User login ID and password by providing certain information – you may use this Registered Account for future transactions or interactions with the Website as well).

You may be required to submit certain information mandatorily in order to open a Registered Account. In the event that you do not submit such information, the Owner shall have the right to refuse to create a Registered Account for you or accept an application made on the Website. All such mandatory information as well as optional information shall be true and correct in every aspect. You shall be solely liable for any consequences (civil and criminal) on account of the User submitting incorrect, false, deceptive, misleading or wrong information for any reason whatsoever. The Owner shall not, under any circumstances whatsoever, be liable for any such incorrect, false, deceptive, misleading or wrong information submitted to the Owner or for ensuring the authenticity of any information. For more information on the Owner’s and User’s liabilities for information, please see the Disclaimer available here.

Registered Account Access

  • The User shall keep confidential and not disclose to any person information pertaining to the User’s Registered Account and all activities carried out by the User through his/her Registered Account.
  • The User shall access the Website for application submission and related matters only through his own Registered Account validly created and shall not permit any other Person to use or access the Website through the User’s Registered Account.
  • The User shall immediately notify the Owner of any unauthorized use of the User’s Registered Account or any other breach of security known to the User vis-à-vis the Registered Account.
  • The User shall be responsible for the set-up or configuration of his equipment for access to the Website.
  • The User shall be fully liable for all transactions and activity carried out through the User’s Registered Account, unless the User has informed the Owner about any hacking, breach of security or unauthorized access of the Registered Account, whether past, possible or threatened.

 

Filling and Submission of an Application and Payment

Once you create a Registered Account, you may proceed to submit the application form for students’ admission. For further information on the use of information, your liability for information submitted and related matters, please read the relevant terms in the User Agreement carefully. Please ensure that you fill all information in the application form correctly before proceeding to the payment stage. The information on the application form will not be allowed to be modified after submission.

The fee for submitting an application form is INR Rs. 500 per student application. After completing the application form, you will be redirected to the payment stage, where you may choose to pay the aforementioned fee in any of the following methods:

  • Payment by debit cards or credit cards
  • Internet banking

 

Some of these payment methods may not be available at all times, and you may be required to choose another form of payment. Further, each payment method you choose may be subject to certain restrictions or conditions as detailed in these Terms.

Where you use a debit card, credit card, you must provide us with the correct information pertaining to the cardholders name, card type, the card number, the card expiry date and the security code on the back of the card (if any), in order to make payment on the Website. You shall be responsible for the correctness of the information provided.

Once you choose a payment method, you will be redirected to a secure payment gateway where you will be required to complete your transaction. Please note that such gateway is a third party site and will be governed by its own terms and conditions. We shall not be responsible for any activity, security breaches, claims or losses of any nature whatsoever that may occur on such site. For further information on our liability for third party sites, please see the Disclaimer available here.

No refunds will be made of the application submission fee under any circumstances whatsoever, including (without limitation) incorrectness of information submitted, non-admission of a student for any reasons or otherwise.

However, if payment is made twice for a single application due to some technical issues and your account has been debited twice, please mark a mail to
accounts@dbschoolofexcellence.org
and the amount will be refunded as per Bank policy.

Use of information

Confidential information” shall mean and include, but is not restricted to, all information that is technical, and commercial concerning business, books of record and account, financial data, systems, software, services, wages related information, documents, prototypes, samples, media, documentation, discs and code, trade secrets, know-how, proprietary information (including listings and member directories), business and marketing plans, financial and operational information, and all other non-public information, material or data relating to the current and/ or future business and operations of the Owner or its group companies, partners and affiliates, and analysis, compilations, studies, summaries, extracts or other documentation whether in written or oral form, provided by the Owner or a third party Person on behalf of the Owner to the User pursuant to access or use of the Website, or any other information which may come to the knowledge of the User and whether or not marked as Confidential Information.
The User hereto agrees that the User shall not disclose the Confidential Information to any third party under any circumstances whatsoever without the prior written consent of the Owner.
Further, the User shall reveal Confidential Information to its employees or agents or other associates strictly on a “need to know” basis and shall impose upon them the confidentiality obligations stated herein.
The obligation of non-disclosure described in the Agreement however, will not be deemed to restrict the User from using and/or disclosing any of the Confidential Information which:

  • is or becomes publicly known or within the public domain without the breach of the Terms;
  • if the User is requested or required by law or by any Court or governmental agency or authority to disclose any of the Confidential Information, then the User will provide the Owner with prompt notice of such request or requirement prior to such disclosure.

 

No User shall use Confidential Information obtained from the Website for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way or reproduce, copy, access or download such Confidential Information for any purpose other than the User’s internal or personal purposes.

Any violation of the above terms by the User shall be treated as a material breach of the terms entitling the Owner to terminate the User Agreement, seek injunctive relief, damages and any other relief provided under law against such User.

Upon the termination of the User Agreement, the User shall return to the Owner all original documents, records, data and other material in the possession, custody or control of the User forming a part or incorporating any Confidential Information therein.

The obligations set forth in this clause shall inure irrespective of the termination of the User Agreement for any reasons whatsoever.

Intellectual Property of the Owner and Third Parties

All logos, brands, trademarks and service marks pertaining to the Owner and/or its associates or partners shall be the sole property of the Owner, its associates or partners respectively and all rights of any nature whatsoever (whether statutory, common law rights or otherwise) shall vest with such Person alone. Access to the Website does not confer upon the User any license or right of any nature to use such  logos, brands, trademarks and service marks and the User is prohibited from using the same in any manner. In the event that the User violates the above terms, the owner of the rights in such logos, brands, trademarks and service marks shall be entitled to proceed against the User for the protection of its rights, including (but not limited to) injunctive relief and damages. The Owner also owns all the Intellectual Property rights in the databases, layout and design of the Website.

Any use by the User of such Intellectual Property (whether during the term of the User Agreement or thereafter) for any reason whatsoever or in any media whatsoever, or any act committed by any User with the intention to violate or facilitating the violation of such Intellectual Property rights shall constitute a violation of the Intellectual Property rights of the Owner and the Owner shall be entitled to take all action and/or initiate all legal proceedings of any nature in order to protect its rights and prevent further violation thereof, including (but not limited to) damages and injunctive relief.

The Owner, as a policy, also stands for and respects the Intellectual Property rights of all its Users and third party Persons and shall endeavour to and provide assistance for the protection of such Intellectual Property rights. In the event that a User violates the Intellectual Property rights of the Owner or another User, or commits any act with the intention to violate or facilitating the violation of such Intellectual Property rights, the Owner shall be entitle to terminate the User Agreement with such User without notice or reasons and take any further legal action against such User as available under law for the protection of the Owner’s rights and to claim damages from such User.

All licenses, permits, approvals, permissions and other rights of any nature whatsoever as may be required for accessing the Website by a User shall be obtained by the User at his/her own cost.

Prohibitions

In addition to the obligations on the User contained elsewhere in the Terms and without prejudice to the generality of any other prohibition contained therein, every User shall be prohibited from the following:

  • Allowing a person other than the User to access the User’s Registered Account or to access the Website through another User’s Registered Account
  • Using or accessing the Website for any unlawful or illegal purpose
  • Allowing another Person to use or access the Website under the User’s Registered Account
  • Making commercial use of the information on the Website
  • Contravening any laws of India or any other laws to which the User is subject to while using or accessing the Website
  • Threatening, harming, bullying, harassing, annoying or otherwise displaying harmful or negative behaviour on the Website in general or towards any particular User or any third party Person
  • Violating or attempting to violate the security systems and procedures of the Owner and/or the Website; gaining unauthorized access any non-public information of any other Users or Persons, including (but not limited to) accessing data and information not intended for such Users or logging onto a server or account which the User is not authorized to access
  • Attempting to probe, scan or test the vulnerability of a system, computer resource, server or network or attempting to breach security or authentication measures on the Website
  • Attempting to gain access or gaining access to parts of the Website to which the User has no right to access by hacking, stealing passwords or otherwise
  • Introducing, posting, submitting or transmitting any information, software, command or any other material which contains a virus, worm, time bombs, cancelbots, easter eggs or other harmful component into the Internet through the Website, the Website itself or the Owner’s systems, networks or servers
  • Introducing, facilitating, transmitting, generating or posting spam messages, posts or e-mails of any nature whatsoever, including bulk e-mails, chain mails or commercial bulk mails or spam
  • Introducing any material or doing any act which would cause the networks, resources, systems or servers of the Owner and/or the Website to slow down or multiplying traffic on the Website or in any other way interfering or hindering the proper functioning of such networks, resources, systems or servers
  • Publishing, displaying or submitting information which provides information on illegal activities, communities, groups, Persons or associations which are banned or which incite or participate in illegal activities, or other activities such as the sale of illegal arms, ammunition and weapons
  • Soliciting directly or indirectly any passwords or other personal information of any Users or other Persons for commercial or illegal purposes, or hosting, publishing or submitting information about other Persons without such Person’s consent
  • Hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information on the Website that:
    • belongs to another person and to which the User does not have any right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • harm minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • violates any law for the time being in force;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • impersonate another person;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

In the event that you become aware of a violation of the above terms by another User, we would request you to please inform our Grievance Officer (whose details are given below in this document) in writing or through email signed with an electronic signature of the same in as much detail as possible. Before we take any action, we may request you for further information as required by us or by law (as amended from time to time), based on which will we consider the next course of action to be adopted against such violations.

  • Sending or receiving messages which are offensive on moral, religious or political grounds or which are indecent in any manner including (but not limited to) being within the meaning of "indecent representation of women" under The Indecent Representation of Women (Prohibition) Act, 1986
  • Promoting or encouraging participation in contests, membership of competitor websites, gambling, lottery, sweepstakes or pyramid schemes
  • Altering or removing any of the Terms or other terms of use contained elsewhere on the Website or misrepresenting the same to any other person
  • Copying or reproducing any part of the Website for any purpose whatsoever (save as expressly allowed under these Terms) whether in electronic or hard form whether manually or through automated methods including (but not limited to) as spiders, deep links, page scrapes or crawlers
  • Violating, by any act or omission in the course of access to or use of the Website, the rights of any nature whatsoever of a third party Person or a User, including publicity and/or ownership rights and intellectual property rights (including but not limited to inducement to violate rights or links to pirated music or files of any nature) or inducing Users or Persons to deal in, buy or sell stolen or counterfeit goods or goods or services otherwise prohibited for trade under any law for the time being in force
  • Restricting another User’s access to or use of the Website or other enjoyment of the User’s rights vis-à-vis the Website
  • Doing any act of any nature whatsoever which would cause the Owner to lose any services or supplies from the Owner’s vendors, suppliers or service providers of any nature whatsoever, or disturb or affect the Owner’s relationship with its associates, suppliers, service providers or vendors or otherwise create any liability of any nature whatsoever on the Owner

In the event that the User breaches, violates or does not comply with any of the above mentioned covenants, then, without prejudice to any other rights of the Owner under the Terms or under law, the Owner shall have the following rights:

  • To remove any information, data, blog posts, messages or other material which violate any of the above covenants;
  • To suspend or delete the User’s Registered Account;
  • To suspend or prohibit the User’s access to the Website or the User’s Registered Account;
  • To terminate the User Agreement and the User’s access to and use of the Website without becoming liable to pay any damages;
  • To proceed against the User for all or any losses or damages caused to the Owner of any nature whatsoever (including loss of business, reputation, goodwill and profit) and to initiate or assist in all legal proceedings of any nature (civil or criminal) against the User;
  • The Owner shall also be indemnified for all proceedings, losses and damages that may be instituted against or incurred by the Owner on account of such a breach.

 

Maintenance

The Owner shall have the right, at its sole discretion, to carry out maintenance, repair, upgrading, testing, updating content or other works on the Website or to its servers at any time, and for such reason may deactivate or suspend the User’s Registered Account, access to or use of the Website. The Owner shall not, for any reason whatsoever, be liable for losses and damages of any nature whatsoever on account of the above.

Advertisers

The Owner does not endorse or recommend any advertiser or any of their products or services. All correspondences, commercial dealings and transactions of any nature whatsoever by a User with such an advertiser, and all the terms of such dealings transactions (including but not limited to sale prices, fees, warranties, representations and other conditions) shall be at the User’s own risk and as agreed between such advertiser and the User alone. The Owner shall not, under any circumstances whatsoever, be held liable for any aspect or dispute arising out of or in connection with any such dealings or transactions.

Termination and Consequences of Termination

The Owner may, without notice in its sole discretion, and at any time and without giving notice or reasons, terminate the User Agreement with any User and/or or restrict a User’s use or access to the Website (or any part thereof) for the following reasons:

  • That the Owner, in its discretion, is of the view that the User has violated the Terms in letter or in spirit;
  • That in the opinion of the Owner or any Governmental authority or body, it is not in public interest to continue to allow the User to use or access the Website;
  • That the User is declared a bankrupt or into any compromise or arrangement with its creditors.

                                                                                                                                               
The above termination shall be without prejudice to the other rights of the Owner whatsoever.

In addition to the above, either the Owner or a User may terminate the User Agreement by giving the other a prior written notice of ___ days to this effect without assigning reasons. At the discretion of the Owner, such notice period may be waived or reduced by the Owner vis-à-vis a User.

Breach

In the event that any User commits or attempts to commit or abets the commitment of, in the sole discretion and opinion of the Owner, a breach of any nature whatsoever of the Terms or the User Agreement, whether in letter or spirit, then without prejudice to the rights of the Owner contained elsewhere in the Terms or under law, the Owner shall have all the following rights:

  • To terminate, without reasons or notice, the User Agreement with a User;
  • To block, suspend, delete or restrict access to a Registered Account by a User;
  • To block or restrict access to the Website;
  • To remove any information of any nature whatsoever on the Website posted, uploaded, published, displayed or submitted by a User;
  • To initiate all or any legal proceedings against a User for breach, civil and/or criminal, including (but not limited to) proceedings for indemnity, losses, damages and/or injunctions as appropriate;
  • To cooperate (without notice to the User) with all or any Governmental or legal authorities involved in any investigations, including the release of any information submitted by a User to the Owner / on the Website;

 

In the event that a User is blocked, suspended or otherwise prevented or prohibited from accessing the Website and/or the User’s Registered Account, then the User shall not attempt to access the Website through another User’s Registered Account or by creating another Registered Account or through any other false identity.

Force Majeure

If the Owner’s performance of any of its obligations hereunder is prevented, restricted or interfered with by reason of fire or other casualty of accident, strike or labour disputes, maintenance or failure of any network, computer resource, system or server, failure of the server’s uptime, war or other violence, any law or regulation of any Government, or any act or condition whatsoever beyond its reasonable control (each such occurrence being hereinafter referred to as “Force Majeure”) then the Owner shall be excused from such performance to the extent of such prevention, restriction and interference provided, however, that the Owner shall give notice (except where such notice is impractical or not possible) to the User of such Force Majeure, including a description, reasonably specifying the cause of non-performance hereunder, whenever such causes are removed.

In the event that the Owner’s performance of any of its obligations hereunder is delayed as a result of a Force Majeure, the obligation of the Owner to perform such obligation shall stand extended for the term the Force Majeure existed. However in case the Owner is unable to perform any material obligation under this Agreement for a continuous period of 180 (one hundred and eighty) days because of any Force Majeure, then either of the Parties will have the right to terminate this Agreement effective 30 (thirty) days after the expiration of such 180 (one hundred and eighty) days period from the date the act of Force Majeure has occurred.

Indemnification 

The User agrees that the User shall indemnify and keep indemnified the Owner, its group companies, subsidiaries, associates, employees, licensees and partners from all or any losses, damages, suits, claims, charges, proceedings, actions, demands and costs of any nature whatsoever incurred by such Person on account of any act or omission of the User while using or accessing the Website or a breach of the Terms committed by the User.

Limitation of the Owner’s Liability

While the Owner has taken steps to ensure that all the information on the Website is correct, the Owner does not guarantee and shall not be responsible for the quality, accuracy or completeness of any data, information, product or services, except as specifically mentioned in the Terms.

The Owner shall not be responsible for any losses, damages, costs, claims, charges, suits or proceedings of any nature whatsoever (whether direct, indirect, punitive, exemplary, consequential, under tort, or for loss of profit, reputation or goodwill, costs of procuring substitute services, costs on account of loss or unauthorized use or access of information on the Website, third-party actions) arising out of or in connection with the use or access of the Website by a User for any reason whatsoever. The generality of the foregoing shall not prejudice the specific disclaimers stated elsewhere in the Terms.

Relationship Between the Parties

The relationship between the Owner and the User shall be on a principal-to-principal basis and nothing in the Terms shall be construed so as to imply a relationship of agency, employment, partnership, joint venture, franchise or technical collaboration between both the Owner and the User.

 

Governing Law and Jurisdiction

These Terms and the User Agreement shall be governed by and construed in accordance with the laws of India. All disputes arising out of or in any way connected with these Terms and/or the User Agreement shall be deemed to have arisen at Chennai, India and the appropriate courts of law in Bangalore, India shall have exclusive jurisdiction to resolve the same.

Waiver

Failure to exercise any right under these Terms, in any one or more instances, shall not constitute a waiver of such rights or any other rights in any other instances.

Severability

If one or more of the provisions hereof shall be void, invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality, and enforceability of the remaining provisions herein contained shall not be affected or impaired in any way. 

Assignment

The Owner may assign the User Agreement to any Person without notice to the User. The User shall not be entitled to assign the User Agreement, either fully or in part, with any of its rights and obligations to any other Person without the prior written consent of the Owner.

Entire Agreement

No oral agreement exists between the User and the Owner. The User Agreement shall constitute the entire and exclusive agreement between User and the Owner with respect to the subject matter hereof, and shall supersede and subsume any prior agreements, documents and or communications regarding such subject matter.

Notice

All notices shall be in English and in writing and sent to the following addresses:

  • If sent or addressed to the User, then to the address provided by the User in the User’s Registered Account;
  • If sent or addressed to the Owner, then to the following address:

 

Name and Designation:
Address:
E-mail Address:

Notices by the Owner to a User shall be displayed on these Terms, elsewhere on the Website or sent to the User at the abovementioned address.

Grievances and Violations

In the event that a User has any other grievance in relation to the Website, or if a User becomes aware of an abuse or violation of the Terms, then the User may contact the Owner’s Grievance Officer at the following address:

Name and Designation:
Address:
E-mail Address:

Privacy Policy
 
Users of the Website shall be subject to Privacy Policy available here.