1. EBC Publishing Pvt. Ltd., Lucknow is the Publisher of educational information made accessible through a Website ("the Service") available on the URL http://www.ebclearning.com or on any other such URL as may be determined later ("Publisher"). "EBC Learning®” is a trademark / trade name owned by the said Publisher.
Payment of the full licence fee will entitle the party subscribing to the Service (the "Licensee") to a non–transferable, non–exclusive licence (the "Licence") to use the educational information database comprising data in any of the Courses published on the platform.
- "Course" means the presentation of the Course Content.
- "Course Content" means any information, data, works of Instructorship, Video Lectures or other materials delivered in text, photographic, audio, visual or audiovisual format, including videos, lectures, and course materials and syllabi together with any new matter, revisions or edits, translated and dubbed content pertaining to the Course.
- "Video Lectures" means instructional video components of the Course Content produced by the Publishers.
3. The licence fee paid is non–refundable. All taxes, fees and duties existing and / or subsequently imposed are to be borne by the Licensee.
4. The Licence is for the limited purposes of carrying out: (a) academic or educational research or study; or (b) providing academic or educational instructions to students and teachers ("Permitted Purposes"), and the Licensee shall not commercially exploit the Database in any way. A separate licence agreement is required to commercially use or exploit the Database.
5. The Database may only be accessed and used by the Licensee and by persons permitted to do so by the Licensee in accordance with these Terms and Conditions (the "Authorised Users") and such access and use by the Licensee or the persons so authorised by him shall constitute an acceptance of these Terms and Conditions (the "End User Licence Agreement").
6. The Licensee acknowledges and agrees that the copyright in the Database vests solely in the Publisher, and the Publisher retains title to and ownership of the original and all copies of its Courses / journals / periodicals / books, regardless of the form or media in or on which the original or other copies may exist, and the Publisher has the sole and exclusive rights to grant this Licence. The Publisher also holds ownership and copyright in the software used to run the Service and any other software created by it for this purpose.
7. This Licence is not a sale of the original or of any copy of the contents of the Database and nothing in the Licence is to be construed as granting or otherwise transferring to the Licensee any copyrights or ownership interest whatsoever in the Database. Except for personal use and in accordance with the Permitted Purposes, taking out extracts from the Database or making copies thereof, their sale or republication in any manner whatsoever is prohibited. The storage of the extracts in any other retrieval system or transmission in any form by any means is also prohibited.
8. The Licensee shall not (and shall not permit any third party to): (a) remove, obliterate, conceal or obscure any copyright notice or other proprietary notices contained in the Database or use the Database in any way that infringes the copyrights or other proprietary interests in the same; (b) modify, adapt, or make any alterations, additions or amendments, translate, reverse engineer, decompile or disassemble the Database or the software used to run it or create derivative works based on them, other than to the extent permitted by applicable laws; (c) combine the whole or any part of the Database with any other software, data or material.
9. The Publisher may, in their sole discretion, in the following cases cancel the Licence: (a) violation of the terms of the Licence, or (b) any misuse or overuse of the Database by the Licensee, his / its employees, partners, associates, servants and agents, and no part of the Licence fee would be refundable.
10. On termination of the Licence, the Licensee shall immediately cease to have any rights or licence in respect of the Database or any part of it.
11. While all reasonable care has been taken to ensure accuracy and completeness of the Database, the Publisher / Licensor(s) or its / their agents shall not be liable in any manner for any mistake or omission in the Database or for any action taken or omitted to be taken or advice rendered or accepted on the basis of the Database or for any consequential loss or inconvenience arising therefrom. The Licensee acknowledges and agrees that the Database is to be used only as a reference aid and is not intended to be a substitute for the exercise of professional judgment by the Authorised User(s). The Licensee further agrees that it shall not base any commercial decisions on the contents of the database without independent verification of the same.
12. Neither the Publisher / Licensor nor its / their agents shall be liable for failure to perform its / their obligations if the failures result from an act of God, an act of Government, other authorities or statutory undertakings, fire, explosion, accident, power failure, equipment or systems failure, industrial dispute or anything beyond the Publisher / Licensor's control.
13. The Publisher / Licensor(s) shall not be liable for any indirect, incidental or consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by the Licensee arising under or in connection with these terms or conditions (including without limitation in respect of the Licensee’s use or misuse of, or inability to use the Database or any part of it) or for any wasted management time, costs or expenses arising from such damage or loss.
14. All rights not expressly granted herein are reserved.
15. The Licensee shall fully indemnify and hold the Publisher / Licensor(s) and its / their affiliates harmless for all costs, damages, losses and expenses (including all reasonably incurred legal expenses) whether arising in contract, tort, under statute (including in each case negligence) or otherwise incurred by the Publisher / Licensor(s) and its / their affiliates which arise in connection with any misuse or overuse by the Licensee, any Authorised User or any other third party of the Database or any part of the database, or otherwise in connection with any breach by the Licensee of these terms and conditions.
16. Except as may be expressly permitted under these terms and conditions, the Licensee shall not assign, transfer, charge, sub–license, delegate, sell or dispose of in whole or in part the Licence and the rights and obligations of the Licensee thereunder on a temporary or permanent basis without the prior written consent of the Publisher, or otherwise do anything which goes beyond the scope of the rights granted to the Licensee under these terms and conditions.
17. The Licensee agrees to promotional, transactional and commercial communications being sent to them from the Publisher or its agents through email or SMS .
18. This End User Agreement and its Terms and Conditions shall be governed by and construed in accordance with Indian law.
19. All disputes relating to this End User Licence Agreement and its Terms and Conditions or claims arising therefrom will be subject exclusively to the jurisdiction of courts / forums / tribunals at Lucknow, India only.
20. Any forbearance or delay by the Publisher / Licensor(s) in enforcing any provisions of these terms and conditions or any of its rights under them shall not be construed as a waiver of such provisions or its rights thereafter to enforce the same.
21. These Terms and Conditions are subject to change without notice. Please check for the latest End User Licence Agreement – Terms and Conditions at: