You agree to accept and bound by the terms & conditions of this Agreement by opting any of the following options:
If you are agree with all the terms & conditions of this Agreement then click "Accept"/download/copy/install/use/open the Product/Application. Else, if you do not agree to any/all of the terms & conditions of this Agreement, kindly click "decline" button/ do not download/copy/install/use/open the Product/Application or do not conduct any such act which will amounts to be considered as usage of the Product/Application. By downloading, installing, copying, accessing or using the Product/Application, You agree to this Agreement and in the event You are accepting this Agreement on behalf of another person or other legal entity, You represent and warrant that You have full authority to bind that person or legal entity to this Agreement.
By using the Services, you represent that you: (1) have read and understood the terms; (2) agree to use the Services in compliance with this EULA, all applicable local, state, national, and international laws and regulations, and the academic rules or policies of your Institution; and (3) are an Authorized User. You may not use the Services if you do not agree with the EULA or if you are not an Authorized User. If you have any questions about this EULA, please contact us legalteamindia@pearson.com
Notwithstanding the foregoing, the term Confidential Information does not include information that is:
Confidential Information shall also include; (i) Proprietary Information and (ii) Intellectual Property provided by one Party to the other for performance of the obligations under this Agreement.
Pearson may make changes to this EULA from time to time for any reason. Typically, these changes are made to conform to current practices, comply with changing regulatory requirements, or other similar purposes. If Pearson modifies this EULA in a manner that materially changes the terms or scope of the Services made available to you ("Service Change"), we will make reasonable efforts to notify you by either contacting you via email or posting reasonable notice in connection with the Services to alert you to such changes. Your continued use of the Services after reasonable notice of such changes to the EULA has been provided will constitute your consent to the revised EULA terms, which shall apply to any use of the Services following reasonable notice. If you deem any Service Change to have a material impact on you, you: (i) must so notify Pearson at legalteamindia@pearson.com within thirty days after receiving notice of such change; and (ii) may terminate your Subscription and your use of the Services. If you have any questions about this EULA, please contact us at legalteamindia@pearson.com
The Services are available only to such End User or individuals, including but not limited to administrators or other representatives of Institutions, and students, who have gained lawful access to the Services directly from Pearson or its Third-Party Service provider or through the Institution with which such individual is affiliated ("Authorized User"). In order to initiate access certain Services, you may be required to register for a user account ("User Account") by providing your first name, last name, age, valid email address (and in the case of Enrollments, your Institution and Course name or code), and designating a secret and unique username and password ("Account Credentials"), as well as any additional information that may be required by your Institution. In some cases, your User Account may already be established for you by your Institution, or by way of direct access from an integrated Third-Party Service, such as a learning management system, each of which may have additional terms of use or req
uirements for account access. Pearson may use your Account Credentials to validate your account prior to providing access to the Services each time you access the Services.
You may have only one active User Account at any given time. You agree to provide accurate and truthful information when creating a User Account and to promptly update such information should it change.
You may not self-register for or otherwise access the Services if you have not attained the age of majority as per the local laws of your jurisdiction or unless your Institution or parent has established an account or registered on your behalf. If you are under the age majority pursuant to the laws in your jurisdiction (typically under the age of 18), you may not register or use the Services without first obtaining permission from your parent or guardian. However, if you are under the applicable age of majority and enrolled at an institution of higher education, you may self-register for the Services.
You understand and acknowledge that the administrators associated with your Institution or a Third-Party Service may have access to your User Account and may suspend, modify or terminate your User Account and/or your access to the Services at any time and for any reason.
By creating, posting, uploading, or linking to User Content, You grant to Pearson a perpetual, royalty-free, worldwide right and license to use, host, license, store, reproduce, display, transmit, adapt, and distribute such User Content and any derivative works created from such User Content (such as those resulting from changes we make so that your User Content works better with the Services) in connection with the Services. Further, you acknowledge and agree that your User Content shall be available to other users on the same terms as granted by you to Pearson under this EULA and specifically this Section 5. Pearson shall not be responsible or liable for the deletion, destruction, damage, loss, or failure to store any User Content. By posting User Content that is owned by third parties, you represent that you have been granted the right to grant to Pearson the right to make such User Content available to users to the same extent as the Materials provided with the Services. You agree to provide proper copyright notices in connection with any User Content in which you or a third party assert a right of copyright. Additional terms and options may be presented through the user interface available on the Services for posting or uploading User Content, which shall supplement and have the same force and effect as the terms of this EULA.
You understand that the Services: (1) need Internet access to work; (2) may occasionally be offline for maintenance or emergencies; and (3) have features and functionality that may change over time. The scope and availability of the Services may vary according to: (1) additional terms presented at the time of purchase or registration; (2) enrollment in or registration for a specific Course or Service; and/or (3) any licensing terms between Pearson and your Institution. Pearson is not responsible for limitations of access resulting from any Third-Party Service or as the result of certain account settings established by your Institution.
You are responsible for obtaining Internet access in order to use the Services. You may access a Course available through the Services only for the duration of the Subscription purchased (typically one or two semesters depending on the Course), whether or not the Services are used, and subject to Pearson's right to terminate access under this EULA. Institution access may be provided for a different time period.
While Pearson makes reasonable efforts to ensure the availability of the Services to Authorized Users with active Subscriptions, the Services may be unavailable for limited periods of time due to scheduled routine maintenance, emergency maintenance or factors beyond Pearson's control, or due to Force Majeure conditions, such as disruptions of Internet services or unforeseen threats to the integrity or security of the Services.
Pearson may at any time, with or without notice to you, restrict the use and accessibility of the Services and/or discontinue any portion, feature, or content of the Services. Pearson will make reasonable efforts to provide Authorized Users with active Subscriptions notice of significant changes to the Services whenever reasonably feasible and provide alternative materials or services if substantial portions of the Services become unavailable.
End User shall use the Product/ Application as per the terms and conditions of the Agreement and of related agreements and shall not:
The price mentioned at the Product/ Application is the Maximum Retail Price (MRP) which is inclusive of all taxes, as applicable at that time. However, imposition of any other charges, in the coming future, by the State/ Central Government on the Product/ Application which is not inclusive in the price mentioned at the Product/ Application shall be borne by the End User and the company shall not be liable for the same. End user shall be responsible to bear any and all other charges in relation to the Product/Application.
It is agreed between the Parties that in the event the performance by the Company is prevented, interrupted or hindered in consequence of an Force Majeure Event, the obligations of the Company under this Agreement shall be wholly or partly suspended during the continuance and to the extent of such prevention, interruption or hindrance and it shall not to be deemed to be breach of this Agreement and/or related agreements by the Company. If the period of prevention, interruption or hindrance exceeds 30 (thirty) days then this Agreement shall automatically stand terminated unless the Parties agree to otherwise in writing. Termination pursuant to this clause shall be without prejudice to any accrued rights or remedies of the Company (including its right to claim and recover money losses/damages and other rights and remedies, which it may have in law or contract) in respect of the exercise of rights and the obligation performed prior to or not in relation to occurrence of such Force Majeure Event.
All disputes, differences, claims and questions whatsoever, which may arise either during the subsistence of this Agreement or afterwards between the Parties hereto and/or their respective representatives or any clause or anything contained herein or otherwise in any way relating to or arising from these presents or the interpretation of any provision contained herein shall be in the first place settled by mutual discussions between the Parties. However, if the Parties fail to settle the dispute, the same shall be referred to and settled by arbitration in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof (‘Act"’) for the time being in force. The arbitration will be conducted by a sole arbitrator who shall be mutually appointed by the Parties. In case of disagreement over the appointment of the sole arbitrator, the sole arbitrator shall be appointed in accordance with the provisions of the Act. The seat of arbitration shall be held at New Delhi and be conducted in English language. Any award made in such arbitration shall be binding on the Parties. The Parties shall bear the costs of arbitration equally.
This Agreement shall be governed by the laws of India. Nothing contained in this clause will preclude either Party from applying for and obtaining any injunctive, prohibitory or other similar urgent or interim relief from a competent court of law, for which the courts at New Delhi, shall have exclusive jurisdiction.
This EULA is personal to you, and you may not assign, transfer or delegate your User Account or your rights or obligations under this EULA (also known as "Terms") to anyone. Pearson may assign or delegate its rights or obligations under the Terms, in whole or in part, subject to Pearson's right and obligations under the Terms and any agreement it may have with your Institution. In the event that any provision of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of the Terms shall remain valid and enforceable according to its terms. The Terms comprise the entire agreement between Pearson and you with respect to the Services and cannot be modified by you absent a signed written agreement. Section headings and summaries in the Terms are for your convenience only and do not have any legal meaning or effect. If Pearson waives or fails to enforce any term or condition of the Terms on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce such terms will not prevent Pearson from enforcing any terms or condition of the Terms at any other time. It is the express wish of the parties that the Terms and all related documents be drawn up in English.