TERMS AND CONDITIONS
PLEASE READ EACH AND EVERY PROVISION OF THIS TERMS AND CONDITIONS CARFULLY:
The User ACKNOWLDGES and UNDERSTANDS that:
M/s Adira Digital Private Limited ("100marks", "Us" or "We") provides the 100marks Platform www.100Marks.com, mobile application and various related services (hereinafter referred as "100marks Platform") to you, the user, conditioned upon your agreement and compliance with all the terms, conditions, and notices contained or referenced in this agreement (the "Terms and Conditions” of use), as well as any other written agreement between us and you. 100marks essentially helps you to provide the information about your/your potential school/colleges/institutes/courses/ prescribed books/other related information on one platform, i.e. this Platform. You are also informed that the content visible on respective pages of educational institutes through this Platform are completely managed and posted by them. Admmission24 has no role in creating or posting such content/information which are reflected on our Platform. It is crucial for you to note that the essence of introducing this Platform (100marks) is to provide you convenience in retrieving information related to your education on one particular Platform instead of looking on web on multiple Platforms. We are by no means promoting or advertising or playing any role in administering the functions or day to day business affairs of such third party school/colleges/institutes. By browsing through the 100marks Platform / Mobile Application the user hereby accepts the Terms and Conditions and consents their approval to the provisions of the Terms and Conditions as laid down herein below. In addition, when using particular services or materials on the 100marks Platform, you shall also be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms and Conditions of Use. All such additional guidelines or rules are hereby incorporated by reference into these Terms and Conditions of use.
BY MERE ACCESSING AND USING THE 100marks PLATFORM, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE AND DO NOT WISH TO BE BOUND BY THE THESE TERMS AND CONDITIONS OF USE, YOU HAVE NO RIGHT TO ACCESS OR USE THE 100marks PLATFORM, APPLICATION, SERVICES OR 100marks PLATFORM CONTENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, EXIT THE 100marks PLATFORM NOW. YOUR SOLE AND ONLY REMEDY FOR DISSATISFACTION WITH THE 100marks PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE 100marks PLATFORM, IS TO STOP USING THE 100marks PLATFORM AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE 100marks PLATFORM.
We expressly reserve the right to modify, discontinue or terminate the 100marks Platform, Application or Services or to change these Terms and Conditions of Use at any time and without serving any prior notice to you. You acknowledge and agree that it is your responsibility to review the 100marks Platform and these Terms and Conditions of Use from time to time and to familiarize yourself with any modifications. If we modify these Terms and Conditions of Use, we will post the modification on the 100marks Platform. You can also contact us on support@100Marks.com in case you have any query before using any of the products/services available through this Platform. We will also update the "Last Updated Date" at the top of these Terms and Conditions of Use. Your continued access to, or use of the 100marks Platform after we have posted a modification will constitute acknowledgement of the modified Terms and Conditions of Use and agreement to abide by and be bound by the modified Terms and Conditions of use. If the modified Terms and Conditions of use are not acceptable to you, your only recourse is to cease using the 100marks Platform, Applications and the Services.
As used in these Terms and Conditions of use, references to our "Affiliates" include our promoters, subsidiaries, affiliated companies, officers, directors, suppliers, partners, investors, sponsors, and advertisers.
Description of Services
We make various services available on and through the 100marks Platform including, but not limited to, information regarding your/your potential school/college/universities along with other services and features we deem relevant for your education. You are responsible for providing, at your own expense, all equipment and resources necessary to use the 100marks Platform and Services, including a computer, software, modem, and Internet access (including payment of all fees associated with such access). The primary eligibility of using the services on this Platform is to be of 18 years or above (“Eligible Age”). If you are below the age of the eligible age then you must use the services on this Platform under the supervision of your Parent/Guardian through whom you then qualify your eligibility to use the services available on this Platform.
We reserve the sole right to either modify or discontinue any service associated with the 100marks Platform, including any of the 100marks Platform's features, at any time with or without serving any prior notice to you. You agree that we will not be liable to you or any third party should we exercise such right at any time. You also agree that any new features that augment or enhance the then-current services on the 100marks Platform shall also be subject to these Terms and Conditions of Use.
Registration Data and Privacy
In order to access certain services or features on the 100marks Platform, you are required to use an account and password. You may obtain an account and password only by completing our online registration form. The online registration form requests certain information and data ("Registration Data"). You are required to maintain and update your Registration Data as your information and data may change. By registering, you agree that all information provided in the Registration Data are true and accurate and that you will maintain and update this information as and when required, keeping it current, complete, and accurate. In the event wherein the information disclosed by you is identified as inaccurate/false, we have all the rights to delete your account and block all activities carried on the 100marks Platform. Further we do not have/share any liability in the event of any financial loss or any form of damages due to the inaccurate information provided by the user of the 100marks Platform.
You warrant that you’re of the eligible age as mentioned above in our Terms and Conditions to use the services on the 100marks Platform and in an event if 100marks finds contradiction of any policy of the usage of 100marks Platform, you understand and agree that your account will be suspended/deleted from 100marks Platform. In an event of account suspension, only after you duly submit the necessary information which are mandatorily required by 100marks, your account with 100marks will renew.
Conduct on 100marks Platform
Your use of the 100marks Platform is subject to all applicable laws and regulations, and you are solely responsible for the substance, results and consequences of your communications through the 100marks Platform. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the 100marks Platform, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, or is otherwise tortious or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability, or other legally protected basis;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
You acknowledge that we neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the 100marks Platform. We have no obligation to pre-screen, monitor, or edit the content posted by users of communications services, message boards, newsgroups, or other interactive services that may be available on or through 100marks Platform. Additionally, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and Conditions of Use and any other rules of user conduct for our 100marks Platform, or is otherwise harmful, objectionable, or inaccurate. You agree that we are not responsible for any failure or delay in removing such content. You hereby consent to any such removal deemed appropriate by us, and, you waive any claim against us arising out of such removal of content and agree to indemnify and hold us harmless from any and all claims asserted based upon such removal. See “Unauthorized Use of Materials " below for a description of the procedures to be followed in the event that any party believes that content posted on the 100marks Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the 100marks Platform may be available to you or other authorized users of the 100marks Platform. You shall not interfere with anyone else's use and enjoyment of the 100marks Platform or any associated services or features. Users who violate systems or network security may incur criminal or civil liability in accordance with the law of the land.
You agree that we may, at any time and at our sole discretion, terminate your membership, account, or other affiliation with our 100marks Platform without prior serving any notice to you for violating any of the above Terms and Conditions of Use and associated provisions. Upon such termination, you agree that we may remove any and all material or content that you may have posted to our 100marks Platform. In addition, you acknowledge that we do and will cooperate fully with any investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal or civil violations.
Third Party Sites and Information
The 100marks Platform may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites and parties are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we are responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience to you and does not imply endorsement of, or association with the 100marks Platform or party by us, or any warranty of any kind, either expressed or implied. 100marks has zero liability in the event of any failure in any transaction on a third party’s platform. 100marks also will have NO LIABILITY related to products, services, quality of the product and or delays in delivery of any product, dissatisfaction due to redirection, transaction, and interaction with third party wherein a third party is selling, promoting, using 100marks Platform/ Mobile Application to reach out to the you, the users. 100marks does not share or holds any liability for the accuracy and compliance, legality, decency or any other aspect to the content/claim posted by the college/institutions/educational brands on 100marks Platform/ Mobile Application which might instigate action by a user.
Intellectual Property Information
For purposes of these Terms and Conditions of Use, we define "content" as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our 100marks Platform.
By accepting these Terms and Conditions of Use, you acknowledge and agree that all content presented to you on the 100marks Platform may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of 100marks and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the 100marks Platform in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the 100marks Platform. The content available on 100marks Platform/ Mobile Application can be used by 100marks for its own commercial purposes. The user/poster of the content on 100marks Platform/Mobile Application gives exclusive right to 100marks for the usage of the content. Any unauthorized use of the materials appearing on the 100marks Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties in accordance with the law of the land. 100marks will not be liable for any liability wherein the user shares the content to a third party’s platform. It remains the sole liability of the user who has shared the content which is unlawful / offensive.
Neither we nor our Affiliates warrant or represent that your use of any materials displayed on, or obtained through on the 100marks Platform will not infringe the rights of third parties. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on the 100marks Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral rights, or other proprietary right of any party. The user is alone liable for creating/reproducing the content on 100marks Platform/ Mobile Application. 100marks has no liability in the event wherein the user has violated the copyright, patent, trademark of any third party.
The 100marks Platform may include and make available custom graphics, icons, logos and service names, all of which are trademarks or service marks of 100marks or its Affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms and Conditions of Use grants you any right to use any content, trademark, service mark, logo, and/or the name of 100marks or its Affiliates for any purpose whatsoever without the prior written approval of an authorized representative of 100marks.
Unauthorized Use of Materials
if you believe your copyright has been infringed by a posting on the 100marks Platform, we ask that you send notification to our Designated Agent (as identified below).
To be effective and to support immediate removal of the allegedly infringing material or content, your notification to our Designated Agent needs to include the following:
- Detailed identification of your copyrighted or otherwise protected work that you believe has been infringed.
- Identification of the specific content or material on the 100marks Platform that you claim is infringing your copyrighted or otherwise protected work identified in item #a above.
- Your contact information (email address preferred).
- Contact information for the owner/administrator of the allegedly infringing webpage or other content (email address preferred).
- You must also include the following statements in your written notification:
“I have a good faith belief that use of the copyrighted materials work described in this notification as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- You must then sign, scan your written notification and attach it to the e-mail.
- Finally, send the completed written notification to our Designated Agent at the following address:
Designated Agent for Claimed Infringement:
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THE 100marks PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE.
THE 100marks PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE 100marks PLATFORM AT ANY TIME WITHOUT SERVING ANY NOTICE TO YOU. THE MATERIALS OR SERVICES AT THE 100marks PLATFORM MAY BE OUT OF DATE. WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOUR USE OF ANY SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE 100marks PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, ELECTRONIC AND DIGITAL FILES OR LOSS OF DATA THAT MAY RESULT FROM SUCH ACTIVITIES.
Through your use of the 100marks Platform, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller of such merchandise or services and you. You agree that neither 100marks nor its Affiliates shall be a party to any commercial contract between you and any sellers.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS OR ANY OF OUR AFFILIATES, ADVERTISERS, USERS BY MEANS OF POSTING/REPRODUCING ANY CONTENT, CHAT MESSAGES.
Content available through the 100marks Platform often represents the opinions and judgments of an information provider, 100marks Platform user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized 100marks spokesperson speaking in his/her official capacity.
You understand and agree that temporary interruptions of the services available through the 100marks Platform may occur. You further understand and agree that we have no control over third party networks you may access in the course of your use of the 100marks Platform, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services and features available on the 100marks Platform are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE 100marks PLATFORM OR OF ANY OTHER WEBSITES REFERENCED OR LINKED TO FROM THE 100marks PLATFORM.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND/OR SERVICES OFFERED THROUGH THE 100marks PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE 100marks PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR PAYMENT OF ANY CONSIDERATION. IN NO EVENT SHALL 100marks BE HELD REPONSIBLE FOR ANY DELIVERY OR DISPATCH RELATED ISSUES.
YOU UNDERSTAND AND AGREE THAT WE PROVIDE THE SERVICES AND FEATURES ASSOCIATED WITH THE 100marks PLATFORM CONDITIONED ON YOUR UNDERSTANDING OF, AND AGREEMENT WITH, THE PRESCRIBED LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS OF USE. BUT FOR YOUR AGREEMENT WITH THESE LIMITATIONS AND DISCLAIMERS, WE WOULD NOT PROVIDE THE SERVICES SET FORTH HEREIN. CONSEQUENTLY, YOU SPECIFICALLY AGREE THAT YOU UNDERSTAND AND AGREE TO THESE LIMITATIONS AND DISCLAIMERS.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees that may arise from your use or misuse of the 100marks Platform, its services or features. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. All the provision shall survive even after the expiration of the understanding between 100marks and the user, the provisions of the terms and conditions will remain alive in full spirit and 100marks perpetually would retain the rights as laid down in this terms and conditions wherein the user of 100marks Platform / Mobile Application remains bound by their obligations as specified in this terms and conditions even after the expiration of the understanding between 100marks and the user.
Security and Password
You are solely responsible for maintaining the confidentiality of your password and account. You are solely responsible for all statements made and acts or omissions that occur through the use of your password and account, whether by you or another party in possession of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account and fail to comply with any of the provisions of the terms and conditions mentioned herein.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the 100marks Platform with or without serving any prior notice to you and for any reason, including, without limitation, breach of these Terms and Conditions of Use. Where, in our reasonable opinion, there is any suspected fraudulent, abusive, inappropriate, or illegal activity, such activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension of your access, regardless of the reasons therefore, your right to use the services available on the 100marks Platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the 100marks Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Governing Law, Venue, Arbitration
The 100marks Platform (excluding any linked sites) is controlled by us from our office within the state of New Delhi. It can be accessed from all states of India, as well as from other countries around the world. As each of these places has laws that may differ from those of India, by accessing the 100marks Platform, both of us agree that the statutes and laws of the India, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the 100marks Platform and the purchase of products and services available through the 100marks Platform. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction or arbitrator in New Delhi with respect to such matters.
These Terms and Conditions of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of 100marks and you the User with respect to that subject matter. These Terms and Conditions of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the 100marks Platform is in conflict or inconsistent with these Terms and Conditions of Use, these Terms and Conditions of Use shall take precedence.
In any action to enforce these Terms and Conditions of Use, the prevailing party will be entitled to costs and attorney's fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms and Conditions of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms and Conditions of Use to any party whatsoever without any permission from you.
You agree not to replicate, duplicate, copy the content, art work available on 100marks and/or any third party and also of 100marks Mobile Application.
In addition, you agree that we are excused from liability for non-delivery or delay in delivery of products and services available through the 100marks Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, power outage, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms and Conditions of Use or related rights shall not constitute a waiver of that right or provision.
Except as explicitly noted on the 100marks Platform, the services available through the 100marks Platform are offered by M/s Adira Digital Private Limited, located at B-63, Sector 65, Noida - 201305. If you notice that any user is violating these Terms and Conditions of Use, please contact us at support@100Marks.com.
If you have any grievances with respect to the Platform or the Service or any other related issue, you can contact our grievance officer at:
100marks will take immediate action and address the issue at the earliest. Third Parties (who provides information about their schools/colleges/universities/courses/products/ and/or any other related services on the 100marks Platform) will be completely responsible for the quality of the Products and Services but 100marks will only ensures the quality and smooth functioning of this web platform/mobile application services.