Terms & Conditions
The web pages available at bsnl.eshiksha.co (“Site”), are operated by AMALGA Educraft Pvt. Ltd, an Indian Company, and is accessed by you (“User”) under the following terms and conditions:
Access to the services :
Subject to the terms and conditions of this agreement (“Agreement”), BSNL , its subsidiaries, affiliates, associate companies, consultants, partners and suppliers may offer to provide certain information and services, as described more fully on the Site, and which are selected by User through the process provided on the Site or through mail (“Services”), solely for User’s own use, and not for the use or benefit of any third party conditioned on User’s acceptance without modification of the terms, conditions and notices contained herein. Services shall include, but not be limited to, eShiksha feeds and the public Really Simple Syndication feeds (“RSS”) and other content of different formats. User’s use of this Site constitutes User’s agreement to all such terms, conditions and notices. The information and Services offered on this Site or through email (“Site”) should not be considered as a substitute for professional advice. User’s use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. BSNL, its associate companies, its consultants, authors, partners, suppliers, printers and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, Services or other materials on this Site. While BSNL strives to keep the information on this Site accurate, complete and up-to-date, BSNL, its subsidiaries, affiliates, associate companies, consultants, partners, agents and suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. BSNL may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. BSNL may also impose limits on certain features and Services or restrict User’s access to parts or all of the Services without notice or liability. BSNL reserves the right, at its discretion, to modify this User Agreement at any time. User shall be responsible for reviewing and becoming familiar with any such modifications from time to time. Use of the Services by User following such notification constitutes User’s acceptance of the terms and conditions of this user agreement as modified. By accessing or using the Site, User agrees to be bound by this Agreement. User certifies to BSNL that User is an individual (i.e., not a corporation). User also certifies that he is legally permitted to enter into this Agreement and to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. If User is buying and/or availing goods and/or Services, User further warrants that User has legal authority to enter into other binding agreements for the purchase and/or use goods and/or Services. User agrees to be financially responsible for all of User’s use of the Services and access of the Site (as well as for use of User’s account by others, including without limitation minors living with User). User agrees and undertakes to supervise and be responsible for all usage of minors of the Services and access of the Site under User name or account. User also warrants that all information supplied by User or members of User’s household in using the Services and accessing the Site, including without limitation User’s name, email address, street address, telephone number, mobile number, credit card number is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the services.
If the user un-subscribes from the service then:
1. User will be prevented from accessing and uploading/downloading content from the website.
2. User can still use and access content till the validity period. Validity period is 30 days from date of subscription in the case of monthly rentals and may vary up to the period of a year based on the plan and tariff chosen by the customer.
Please note: The user needs to retain the license till the validity period. License once lost cannot be downloaded again by the user.
3. After the expiry period of 30 days of content license, in normal circumstances, the system will auto-renew your account and you can continue consuming the content. However, the user will need to re-subscribe to Learning On Demand plan if they have unsubscribed from the service to access the content and services of the portal. The User will however be charged the complete amount of the plan chosen per month since the minimum license issued for the content is valid for 30 day period.
Site content :
The Site and its contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, tunes, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright owned by BSNL subsidiaries, associate companies, consultants, partners, agents, suppliers, licensed content provider. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. Content delivered through this portal by BSNL is licensed by the owners and the license enables users to use the Content solely for their personal non-commercial use only. The Site is protected by copyright as a collective work and/or compilation, pursuant to Indian Copyrights laws, international conventions, and other copyright laws. BSNL grants to User a limited non-exclusive, non-transferable, non-sub licensable right under BSNL ‘s intellectual property rights to view, play and access the Content solely for their personal non-commercial use. If user wishes to use Content for commercial purposes, user must submit a business inquiry. Copying, using or storing any Content for other than non-commercial use is expressly prohibited without prior written permission from BSNL or from the copyright holder identified in such Content’s copyright notice. BSNL requests that, according to standard practice. BSNL neither warrants nor represents that use of materials by User will not infringe the rights of third parties not owned by or affiliated with BSNL.
Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. User acknowledges and agrees that if User uses any of the Services to contribute content to the Site, BSNL is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such content (including all related intellectual property rights) and to allow others to do so. User warrants, represents and agrees that it will not contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. BSNL reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if BSNL is concerned that User may have breached the immediately preceding sentence), or for no reason at all. BSNL and other BSNL logos, product and service names are trademarks owned by/licensed to BSNL by third parties (the “Marks”). Without the prior written permission of BSNL, or its appropriate affiliates, User agrees not to display or use in any manner, the Marks. Nothing contained in this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right in and to the Marks without the express written permission of BSNL or such third party. All other trademarks are the property of their respective owners. User’s misuse of the material and/or Marks on the Site and in its Contents, except as provided in this Agreement, is strictly prohibited. User is advised that BSNL will aggressively enforce its intellectual property rights in the Site and its Contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at User’s risk as to costs and consequences.
User is responsible for all of its activity in connection with the Services and accessing the Site. User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site and/ or Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any BSNL User. As a condition of use of this Site, User warrants to BSNL that User will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. User shall not use the Site and/ or Services in any manner which could damage, disable, overburden, or impair any Site and/ or Services (or the network(s) connected to any Site and/ or Service(s)) or interfere with any other party’s use and enjoyment of any Site and/ or Service(s). User shall not attempt to gain unauthorised access to any Site and/ or Services, other accounts, computer systems or networks connected to any Site and/ or Services, through hacking, password mining or any other means (whether now known or hereafter developed or invented). Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. If User violates any of these terms, User’s permission to use the Site and/ or Services automatically terminates and User may be subjected to criminal and civil liability.
Warranty disclaimer :
BSNL has no special relationship with or fiduciary duty to User. User acknowledges that BSNL has no control over, and no duty to take any action regarding: which User’s gain access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases BSNL from all liability for User having acquired or not acquired content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. BSNL makes no representations concerning any content contained in or accessed through the Site, and BSNL will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. The Services, materials, information, content, Site and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Although BSNL has taken adequate safeguard, BSNL makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any web-site linked to the Site. BSNL will not be liable for the privacy of User’s name, email addresses, street address, telephone number, mobile number, credit card number, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on BSNL ‘s equipment, transmitted over networks accessed by the Site, or otherwise connected with User’s use of the Services. User’s use this Site at his/ her own risk. It is expressly provided that no goods once sold and/or services availed will be replaced by BSNL. Changes are periodically made and added to BSNL Site and to the information herein. BSNL, its subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers may make improvements and/or changes in this Site at any time. BSNL Site contains views, opinions and recommendations of Users of BSNL Site, advertisers, third party information providers and organizations. BSNL Site does not warrant, represent or endorse the correctness, authenticity, accuracy, completeness, reliability or validity of any opinion or other information displayed, uploaded or distributed through the Site. BSNL assumes no responsibility to keep the material and/ or Content current, complete, up-to-date, valid, and/or accurate. BSNL shall not be responsible in any manner whatsoever for any errors or omissions in the materials and/ or Content even if such errors or omissions are due to negligence. User acknowledges that any reliance upon any such opinion or information shall be at User’s sole risk. BSNL makes no warranty or representation whatsoever regarding the Site or any Content, advertising, Services or products provided through or in connection with the Site. User acknowledges that any use of such Content, advertising, Services or products provided through or on BSNL Site shall be at User’s sole risk. BSNL expressly states that BSNL shall not be responsible or held liable for any Content, advertising, Services or products provided through or in connection with the Site. BSNL expressly disclaims any and all warranties, express or implied, including, without limitation:
Any warranties as to the availability, accuracy, completeness or content of information, products, Content or Services which are part of BSNL Site;
Warranties or fitness for a particular purpose, or merchantability or workman effort or title or against infringement. In no event will BSNL, its affiliates, licensors, employees, agents or contractors, be liable to User for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by BSNL Site, its public posting bulleting boards, its Content or any errors or omissions in its Content, even if advised of the possibility of such damages. The materials, consultations and services offered on BSNL Site are not to be understood as a substitute for the accurate and appropriate consultation with competent advisers.
Any service will be uninterrupted, timely, secure or error-free.
Changes to site :
BSNL, its associate companies, affiliates consultants, partners and/or its suppliers reserves the rights to make improvements or changes in the information, Services, Content, products, and other materials on this Site including but not limited to changes associated with the use of Site, or terminate this Site, at any time without notice.
Registration and Security :
As a condition to using certain Services, User may be required to register with BSNL and select a password and User name, e-mail id or mobile number, or all of them (“BSNL User id”). User shall provide BSNL with true, accurate, complete, and updated registration information. User may even be required to give other information as may be required. User shall refrain from impersonating or falsely representing User’s affiliation with any person or entity. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not select or use as a BSNL User id, mobile number and/or mail id, a name, number and/or mail id of another person with the intent to impersonate that person; or use as a BSNL User id a name subject to any rights of a person other than User without appropriate authorization. BSNL reserves the right to refuse registration of, or cancel a BSNL User id in its discretion. User shall be responsible for maintaining the confidentiality of User’s BSNL password. Except with the prior written permission of BSNL, User agrees to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
User is prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, racial, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. BSNL shall fully cooperate with any law enforcement authorities or court order requesting or directing BSNL to disclose the identity of anyone posting any such information or materials. User will indemnify and defend and hold BSNL, its parents, subsidiaries, affiliates, officers and employees and agents, harmless, from and against any and all costs, losses, claim or demand, losses, damages and liabilities, including costs and attorneys’ fees, made by any third party due to or arising out of User’s access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User including, without limitation, copyright and trademark infringement, obscene or indecent postings, and on-line defamation, or any third party using the User’s account, of any intellectual property or other right of any person or entity.
Subscription Pre-requisites The Service is accessible from any PC equipped with Windows ® XP and above, with a minimum system of a 266 megahertz (MHz) processor, (Intel Pentium type) and 64 megabytes (Mb) of RAM.
This PC must be connected to the Internet via a BSNL internet connection only.
For accessing content the PC used must comply with the minimum system requirements for each content piece as put forward by the editor.
In order to help the User, eShiksha offers information on the compatibility of certain components of the User’s computer for the digital content offered. BSNL recommends the use of Internet Explorer 10.X or Above, Google Chrome, Or Mozilla Firefox in their latest versions.
According to the present contract, the User is not allowed to copy, modify, or create a derived product, nor remove any identification of the name/ meta data of the digital content provided, in parts or as a whole. The user is permitted to use the digital content provided solely for his/ her personal use and does not have the right to: sell, transfer, rent or give the digital content to a third party.
Length of the subscription / termination: the period of subscription is one (1) initial month renewed by tacit agreement over monthly periods. The User can freely terminate the contract as long as he notifies BSNL of the termination as explained in article 6.3.
Price of the subscription:
The prices of the Collections proposed on the site are priced at the price shown on the site at the day of subscription.
Modification of the prices:
eShiksha is required to inform the User at least one (1) month before the subscription renewal date, the modification of the price will only take effect for the new monthly fee. The Collections will therefore be charged on the basis of the price given at the time of subscription, then on the date of subscription renewal.
Apart from this the following condition will apply to your Subscription, please read carefully.
a) Minimum Subscription Period: The minimum subscription period will be ONE MONTH.
b) Monthly charging: If the paid subscription for a customer starts on a date other than the first of the month, the charges for the month shall NOT be prorated.
c) Voluntary Closure of Subscription: If the subscriber withdraws his subscription on a date after the first of the month, the subscriber shall pay the full month charges for the month in which the service is withdrawn.
d) Voluntary Closure of the Broadband Connection: It shall be the responsibility of customer seeking closure of ‘DataOne’ broadband connection, to unsubscribe online the Learning on Demand service prior to the closure of the DataOne connection. The customer would be liable to pay the charges due on the learning service if the service remains open beyond the date of voluntary closure of ‘DataOne’ service owing to the failure of the customer to unsubscribe the service online.
e) Change of Service Plan: If the subscriber intends to change his DataOne plan, the request of the subscriber will be registered in the eShiksha portal. But the actual plan change will take effect from the beginning of the next month only in all cases where the request is received after the first of the month in which the request is made. In respect all requests received on the first of the month, the plan change would be made effective from the first itself.
Cancellation of a subscription or a trial
The User can cancel for any reason; at any time his/her subscription to a Collection or a trial period. Cancellation is carried out by using the Unsubscribe link on “Registration” tab on the Web Site. If the User cancels his/her subscription, the cancellation must be carried out online a minimum of 48hrs before the subscription renewal date. This delay is in place to ensure that the cancellation has taken effect prior to the BSNL charging its customer for the Collection in its monthly billing cycle. If the User cancels his/her subscription less than 48hrs before the subscription renewal date he/she runs the risk that the cancellation will not be effective before the following renewal date, the payment for that month will be automatically reflect in their DSL bill for the month..
Limitation of liability :
Suspension / Termination of the service eShiksha reserves the right to suspend, or even terminate the User’s access to the Service, in cases when the User does not respect one or more Conditions stated in this contract.
Fees and payment : Some of the Services may require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such Content and/ or Services selected by User. BSNL reserves the right to change its price list and to institute new charges at any time, which may be sent by email, SMS or posted on the Site. Use of the Content and/ or Services by User following such notification constitutes User’s acceptance of any new or increased charges.
Caveat : BSNL undertakes no obligations for confidentiality of information provided by User and User would do so entirely at User’s sole risk. User shall always use caution when giving out any personally identifying information about User in any communication service.
Termination : BSNL may terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Miscellaneous : The failure by BSNL to exercise in any respect any right provided herein shall not be deemed a waiver of any further rights hereunder. BSNL shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BSNL’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by User. This Agreement shall be governed by, construed interpreted, and enforced in accordance with the laws of India . Except for injunctive reliefs, disputes arising in respect hereto shall be subject to exclusive jurisdiction of the courts of Mumbai. Provided however that the foregoing shall not limit the rights of either Party to bring proceedings in any applicable jurisdiction to enforce or enter judgements upon such awards. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind BSNL in any respect whatsoever.