Australian School of Global Studies (ASGS) (“ASGS” or “Us” or “We”) owns and maintains the website https://www.asgs.global (“Site”)
These Terms and Conditions (“Terms”) contain provisions that define Your limits, legal rights, obligations and govern Your access to and use of the Site.
By accessing or using this Site, you agree to be bound by these Terms and accept them in full, as may be modified by Us from time-to-time and posted on this Site. Please read them carefully.
These Terms apply to You whether You are:
- A student, his/her representatives/ guardian/ relative/ friend or affiliate (“You” or “Your” or “User”)
- A user of the Site (“You” or “Your” or “User”)
These Terms and Conditions constitute an Agreement as per all the applicable provisions of India.
The following Terms, together with our Privacy Policy apply to Your access to and use of our Site and
the supply of services availed via our Site. By availing services from our Site, You acknowledge that
You have read, understood and agree to be bound by these Terms and the other documents referred
thereto.
These Terms constitute an Agreement and shall apply to all services made available by Us on the
Site (“Agreement”).
The services may change from time to time, at our sole discretion, and this Agreement will apply to
Your visit and Your use of the Site to avail the services, as well as to all information provided by You
on the Site at any given point in time.
Account Terms
By registering with the Site You can access or view our content and other confidential information.
You are fully responsible for using the Site in a secure manner and for all activities that occur under
Your account. We will not be liable for any damage or loss caused from any unauthorized account
access resulting from Your actions, such as not logging out of the account or sharing Your account
password.
You shall ensure that the account information provided by You in the Site's registration form is true,
complete, accurate and up-to-date. Use of another User's account information for availing the
services offered by Us is expressly prohibited. We reserve the right to refuse registration or cancel an
account at any given point in time.
User / Service Recipient
You may avail services offered online by Us by completing the registration and/ or other requisite
form(s) available on our Site. To avail our services via our Site, You must be of majority in age and
competent to enter into a legally binding contract. By accessing our Site and availing our Services,
You represent that You are of legal age to form a binding contract and are not a person barred from
receiving services under the laws as applicable in India.
You agree to deal with Us in good faith and in compliance with all the applicable laws. We may cancel
Your subscription of services where we consider that You have not dealt with Us in good faith or have
otherwise breached applicable laws, even if You have provided all the requisite details for the desired
purposes and a credit card has also been charged. If Your credit card is charged for the services
availed for and We cancel the order, We will notify You and credit Your credit card account for the
amount charged, less the applicable requisite charges and other applicable taxes and duties, at our
discretion.
Prices
All prices are in Indian currency. Prices exclude other taxes. All prices are subject to change without notice, which shall be updated on the Site accordingly.
Payment
The full payment for Your order for availing the services from our Site (including the applicable taxes)
is deducted from Your credit card on completion of the transaction and rendering of our services.
Service will commence once payment has been processed/validated. We accept payment by Visa,
Amex, Maestro and MasterCard. Large transactions may involve additional screening and We will
require confirmation on key details before We proceed to commence with the process of rendering the
services. In this event, We will contact You. In some cases, this may delay Your order by a short
period.
Errors
From time to time there may be errors on our Site owing to varied reasons. Despite anything else in
these Terms, to the extent legally permitted, we may decline or revoke rendering of services to You
that are affected by the error, even if the service order had been confirmed and a credit card was
charged. If Your credit card is charged for the said service from our Site and we cancel Your service
order, we will notify You and credit Your credit card account for the amount charged.
Indemnity
You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors,
licensors harmless from and against all losses, expenses, claims, proceedings, damages and costs
(including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and
nature made by any other party due to or arising out of any violation of these Terms, any terms and
policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance
or regulation or due to or arising out of any activity related to services supplied by Us.
You are informed that use of internet may be susceptible to several frauds, misuse, hacking and other
actions that could affect payment instructions/other instructions to Your bank through the payment
gateway. We shall aim to provide security to prevent the same, there cannot be any guarantee from
such internet frauds, hacking and other actions that could affect payment instructions/other
instructions including result in delay or failure in processing the instructions. We shall not be held
responsible for the same.
We shall not be responsible for any such failed transaction, where the bank account of the user of the
Site is debited for the transaction amount and the transaction is not completed, for any reason
whatsoever. Such User should connect with his/her banker for any such failed transactions and the
user of Site absolves Us of any liability, whatsoever, on this account.
Limitation of Liability
To the extent legally permitted, in no event will We be liable to any party for any direct, indirect,
incidental, special, exemplary or consequential failure of any type whatsoever related to or arising
from the supply of services via this Site or the use of such services by any person, including, without
limitation, any lost profits or savings, damage to or loss of property or personal injury, even if we are
expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to
all causes of action, whether based on contract, warranty, tort (including negligence) or any other
legal theories.
Excusing Events
You acknowledge and agree that We are excused from performing our services and other obligations
and will not be responsible for any delays where and so long as We are prevented from performing
our obligations under these Terms by events or causes beyond our reasonable control. We will
endeavour to notify You of any delay and its expected duration. If We are prevented from performing
our obligations for longer than a reasonable time, We may elect to cancel Your service order and
issue You a credit in the amount paid for the order without further liability to You.
Alterations
We may alter these Terms from time to time by posting the altered version on our Site. You should
visit the Site regularly to keep up to date with any alterations. In the case of an alteration, the altered
Terms only apply to services availed via the Site after the alteration takes effect.
Reviews, Comments and Other Content
Users of our Site may post reviews, comments and other content; as long as the content is not illegal,
obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property
rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain
software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any
form of "spam".
Typographical Errors
In the event a service is listed at an incorrect price or with incorrect information due to typographical
error or error in pricing, We shall have the right to refuse or cancel any orders placed for services
listed at the incorrect price. If Your credit/debit card has already been charged for the purchase and
Your order is cancelled, We shall issue a credit to Your credit/debit card account in the amount of the
charge.
Pricing
Charges displayed on the Site includes only the cost of the service. Service fee for payment,
facilitation fee will be levied/charged extra as applicable. Similarly, for any applicable refunds the full
amount, which has been charged, is refunded. All prices and availability of services are subject to
change without prior notice at our sole discretion.
Card Details
You agree, understand, undertake and confirm that the credit/debit card details provided by You for
making payments for service(s) availed through the Site, through the on-line payment gateway
mechanism will be correct, current, complete and accurate and You shall not use the credit card/ debit
card or any other bank account which is not lawfully owned by You. The aforesaid information
provided by You will not be shared by Us with any of the third parties unless required by law,
regulation or court order. We will not be responsible for any financial loss, inconvenience or mental
agony resulting from misuse of the information provided by You in anyway.
Prohibited Activities
You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
- invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner what so ever;
- 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, defense, 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.
Any content and or comment uploaded by You, shall be subject to relevant laws of India and may be
disabled, or and may be subject to investigation under appropriate laws. Furthermore, if You are
found to be in non-compliance with the laws and regulations, these Terms, or the Privacy Policy of the
Site, We shall have the right to immediately terminate/block Your access and usage of the Site and
We shall have the right to immediately remove any non-compliant content and or comment, uploaded
by You and shall further have the right to take recourse to such remedies as would be available to Us
under the applicable laws.
Intellectual Property Rights
The Site and the processes, and their selection and arrangement, including but not limited to all text,
graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code
(collectively, the "Content") on the Site is owned and controlled by Us and the design, structure,
selection, coordination, expression, look and feel and arrangement of such Content is protected by
copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Site (“Marks”) are our property. You are
not permitted to use the Marks without our prior consent and approval in writing.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by
a third party and so expressly mentioned, We own all intellectual property rights to and into the
trademark
https://www.asgs.global, and the Site, including, without limitation, any and all rights, title
and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade
secrets and inventions (including patent pending), goodwill, source code, meta tags, databases, text,
content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You agree that You shall not copy, republish, post, display,
translate, transmit, reproduce or distribute any Content through any medium without obtaining the
necessary authorization from Us or third party owner of such Content.
Notice of Copyright Infringement
We shall not be liable for any infringement of copyright arising out of materials posted on or
transmitted through the Site, by end users or any other third parties. Any complaints, abuse or
concerns with regards to content and or comment or breach of these terms shall be immediately
informed to the designated grievance officer as via in writing or through email signed with the
electronic signature addressed to grievance officer.
Relationship
None of the provisions of these Terms or the right to use the Site by the User contained herein or any
other section or pages of the Site and/or the linked sites, shall be deemed to constitute a partnership
between Us and the User and no party shall have any authority to bind or shall be deemed to be the
agent of the other in any way. It may be noted, however, that if by using the Site, the User authorizes
Us and our agents to access third party sites designated by them or on their behalf for retrieving
requested information, the User shall be deemed to have appointed Us and our agents as their agent
for this purpose only.
Entire Agreement
These Terms, together with any terms and conditions incorporated herein or referred to herein
constitute the entire Agreement between Us relating to the subject matter hereof, and supersedes any
prior understandings or agreements (whether oral or written) regarding the subject matter, and may
not be amended or modified except in writing or by making such amendments or modifications
available on this site.
Communication with Users
We reserve the right to communicate with Users regarding this Site and User's use of this Site or service availed by the User on this Site.
Violation of the Terms
You agree that We may, in our sole discretion and without prior notice, terminate Your access to the
Site and block Your future access to the Site if We determine that You have violated these Terms.
You also agree that any violation by You of these Terms will constitute an unlawful and unfair
business practice, and will cause irreparable harm to Us, for which monetary damages would be
inadequate, and You consent to Us obtaining any injunctive or equitable relief that it deems necessary
or appropriate in such circumstances. These remedies are in addition to any other remedies We may
have at law or in equity.
Governing Law, Jurisdiction and Dispute Resolution
These Terms and all transactions entered into on or through the Site and the relationship between
You and Us shall be governed in accordance with the laws of India without reference to conflict of
laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation
hereto the Site, the Terms or any transactions entered into on or through the Site or the relationship
between You and Us shall be subject to the exclusive jurisdiction of the courts at India and You,
hereby accede to and accept the jurisdiction of such courts.
Any disputes, claims or difference arising from this Agreement shall be settled by arbitration in
accordance with Civil Courts in India and rules framed thereunder. The decision of the arbitral tribunal
shall be final and binding upon the Parties. The seat of arbitration shall be at the India and the
language of the proceedings shall be English. The cost of the proceedings shall be equally borne by
the Parties unless otherwise awarded by the Parties.