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Terms and Condition of Use

Acceptance

  1. This Terms of Use Agreement (“Agreement” or “Terms of Use”) is a legal agreement between the website visitor who accesses and/ or uses the website (“You/ you” or “Your/ your”) and Orchard EdTech Corporation or its associates or its affiliates (“Orchard EdTech Corporation”). 
  2. Orchard EdTech Corporation is the owner and operator of this Website (the “Website”). It states the terms and conditions under which you may access and use the Website. 
  3. By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement along with our Privacy policy, Disclaimer, child Safety policy and other policies
  4. If you do not accept these terms and conditions, you must not access or use the Website. 
  5. Orchard EdTech Corporation may revise this Agreement at any time by updating this posting. Use of the Website / software after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.

Services Offered

Orchard EdTech Corporation agrees to provide services such as

  • Development of E-learning/ Online – Learning Management System  (LMS) solutions
  • Content development & authoring for Educational services 
  • Learning Management System maintenance and support including application software, server, database, and content for the LMS
  • Artificial Intelligence based Learning Management System Solutions including personalized learning, predictive learning progress path, and guided learning
  • Design and development of Self paced Learning videos, content and assessment worksheets
  • Search Engine Optimization, Search Marketing and Social Media Optimization services for the LMS products

Condition of Use

  1. Subject to the Terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view and use the Website for your personal and/ or commercial purpose. 
  2. You are not allowed download, store, print, share, sell, license the copies of items comprising the Content for your personal and/ or commercial use, 
  3. Please note that Orchard EdTech Corporation is entitled to refuse to accept any Service offers and this will be notified via email.
  4. The Child safety policy along with this website Terms of use can be accessed here.

Third party products and services/links

  1. Orchard EdTech Corporation may provide links on our Website to the websites or online resources of third parties. These links are provided solely as a convenience to you and not as an endorsement by Orchard EdTech Corporation of such third-party websites. 
  2. Orchard EdTech Corporation is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website.

Refusal of service and business relations

  1. Orchard EdTech Corporation reserves the right to cease support and/or terminate business relations in instances of libel, defamation, abuse, or harassment. 
  2. Orchard EdTech Corporation will terminate all support and business relations in instances of software piracy. This includes, but is not limited to “cracked”, “nulled”, or otherwise unlicensed versions of Orchard EdTech Corporation scripts or plugins or extensions/ modules.

Intellectual property and content

  1. All materials displayed or otherwise accessible through this Website (collectively, “Content”) are protected by copyright law, and are owned by Orchard EdTech Corporation or its associates or its partners or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Orchard EdTech Corporation. 
  2. You acknowledge and agree that Orchard EdTech Corporation and/or our licensors own all intellectual property rights on the Website. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Software. 
  3. Orchard EdTech Corporation confirm that we have all the rights in relation to the Website and software associated that are necessary to grant all the rights we purport to grant under, and in accordance with, the terms of this agreement. 
  4. Any other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of Orchard EdTech Corporation or the other third parties. 

Indemnification

  1. In no event shall Orchard EdTech Corporation or our subsidiaries, affiliates, officers, partners and employees or agents be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits arising from your use of, reliance upon, or inability to use the Website or the Content, regardless of the cause and whether arising in contract, tort (including negligence), or otherwise. 
  2. This includes reasonable attorneys’ fees, made by any third party due to or arising out of your use of the software, the violation of the terms of use by you, or the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. The foregoing limitation shall apply even if Orchard EdTech Corporation knew of or ought to have known of the possibility of such damages.

Non-disparagement

  1. The Customer or Website visitor agrees that any issue with the products/ software or services offered through this website should be communicated to Orchard EdTech Corporation for a possible solution. Customer or website visitor should not disparage or comment negatively about Orchard EdTech Corporation, and/ or its officers, management, current or former employees.

Disclaimer of Warranties

The Website and the Content is provided “AS IS”. While Orchard EdTech Corporation endeavors to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Website and/or the Content including, without limitation, no representation or warranty that,

  1. Website and Content will be accurate, complete, current, timely, and suitable for any particular business process,
  2. Operation of the Website will be uninterrupted and error-free,
  3. Defects or errors in the website or in the Content will be rectified,
  4. The Website will be free from viruses or harmful components,
  5. Communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that you are using the Website at your own risk and liability ,
  6. In the event of events beyond our reasonable control, such as acts of God, inclement weather, strikes, labor disputes, or supplier/data supplier failures. Orchard EdTech Corporation shall not be liable for any failure or delay in performance of its obligations under the contract caused by such events.

Security

  1. Any information sent or received over the internet is generally not secure. Orchard EdTech Corporation cannot guarantee security or confidentiality of any communication to or from the Website.

Governing Law and Jurisdiction

  1. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and its Content shall be governed by the laws of the State of New Jersey and the Laws of USA, without regard to conflict of laws principles. 
  2. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the State of New Jersey with respect to all matters relating to your access to and use of the Website.

Termination

  1. Orchard EdTech Corporation may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, including any trial plans, at any time without notice for any reason. 
  2. In the event of termination, you are no longer authorized to access the Website, or the part of the website affected by such cancellation or termination. 
  3. Orchard EdTech Corporation shall not be liable to any party in any form for such termination.

General

  1. Except for any agreement in respect of Content, this is the entire agreement between you and Orchard EdTech Corporation relating to your access and use of the Website and the Content herein. 
  2. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed, and the remaining provisions shall remain in full force without being invalidated in any way. 
  3. If we fail to exercise or delay in exercising a right or remedy provided by these Terms or by the Contract or by law that does not mean, we give up those or any other rights or remedies. We reserve the right to exercise those rights or remedies in the future. 
  4. Orchard EdTech Corporation may perform any of our obligations or exercise any of our rights ourselves or through any third-party provider.

If you have any questions about this terms and conditions of use, you can contact us at: contact@ Orchardedtech.com