Welcome to the EnglishStrokes website (the “Website”). By using or accessing the Website and our courses (the “Service”), you are agreeing to comply with and be bound by the following terms and conditions (the “Agreement”) Please review the following provisions of this Agreement carefully. If you do not agree to all the terms and conditions contained in this Agreement in its entirety, you are not authorized to use this Website or the Service in any manner or form. EnglishStrokes.com is not available to individuals under the age of 18 and if you are under the age of 18, you may not access or use the Website and/or Service in any manner whatsoever. In addition to this Agreement, anyone downloading the course is strictly prohibited as per our end user license agreement.
Acceptance of Agreement
You agree to the terms and conditions contained within this Agreement. This Agreement constitutes the entire and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website and access to the Service. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted at the Website, and you should review this Agreement prior to using the Website and Service. By your continued use of the Website and Service, you hereby agree to all the terms and conditions contained within the Agreement in effect at the time. Therefore, you should regularly check this page for any and all updates and changes.
Cancellation / Refund Policy
If you have a Paid Registration, you may cancel your registration at any time and you will no longer be billed for registration after the date of cancellation. However, EnglishStrokes.com WILL NOT REFUND REGISTRATION PREVIOUSLY PAID AND/OR CHARGED as of your cancellation date and your registration will remain active until the end of the applicable monthly period.
EnglishStrokes.com’s cancellation/refund policy is disclosed to Members at the time of registration and may be changed from time to time, in the sole discretion of EnglishStrokes.com. These changes are effective upon posting at the Website and/or the provision of notice to a Member. Notice may be provided to the Member via e-mail or any other means that EnglishStrokes.com deems appropriate, in englishstrokes.com’s sole discretion.
Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the Indian Arbitration Association in Chennai, in the state of Tamil Nadu, Republic of India, in accordance with the current Commercial Arbitration rules of the Indian Arbitration Association then in effect. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.The Arbitral Proceedings shall comprise of a Sole Arbitrator appointed by EnglishStrokes and shall be governed by the provisions of the Indian Arbitration and Conciliation Act, 1996. The place of Arbitration shall be Chennai and the language shall be English.
Downloading from the Website
The User accepts and acknowledges that EnglishStrokes.com, its officers, employees, agents, representatives of any sort, and advisers shall not in any way be liable for any damages, loss, costs or expenses arising directly or indirectly from the User’s downloading of information and materials from the Website, and its reliance or use of such information and materials for any purpose.
Editing, Deleting and Modification
We reserve the right, in our sole discretion, to add, modify or delete any documents, information and/or other content appearing on the Website and Service. In addition, we may add or discontinue the availability of a Course at any time, in our sole discretion.
The Website may provide, links to other Internet websites and/or resources. Because EnglishStrokes.com has no control over such websites and/or resources, you hereby acknowledge and agree that EnglishStrokes.com is not responsible for the availability of such third party websites and/or resources. Furthermore, EnglishStrokes.com does not endorse, and is not responsible or liable for, any content, advertising, products and/or other materials at or available from such third party websites or resources, or for any possible damages and/or losses arising there from.
EnglishStrokes is not liable for failure of functioning of the website if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.
If a party asserts Force Majeure as an excuse for failure to perform the party’s obligation, then the non-performing party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event described in the above Clause.
Fees / Termination
You agree to pay for all charges incurred by you to access the course via our portal site, via the payment method you specify and supply. EnglishStrokes.com reserves the right to terminate your access to the Website for any reason or no reason, in our sole discretion. EnglishStrokes.com may terminate your registration via any reasonable means including, without limitation, by sending notice to you at the e-mail address you provide in your registration or such other e-mail address(es) as you may later provide to us. Such termination is effective upon transmittal to your e-mail address(es) by EnglishStrokes.com. If EnglishStrokes.com terminates your registration for breach of this Agreement, you will not be entitled to any refund of any unused Registration fees, if any. Your purchase will be billed under the name “EnglishStrokes.”
The certificate is an indication that the learner has completed the course and is not an assessment of the language proficiency levels of the learner.
You agree to indemnify, defend and hold harmless EnglishStrokes.com, its parents, subsidiaries, affiliates, officers, directors, employees, agents, shareholders, licensors and suppliers (collectively, “Affiliated Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, in-house counsel time and settlement costs, resulting from any violation of this Agreement and/or your use of the Website and/or Service. The provisions of this paragraph are for the benefit of EnglishStrokes.com and its Affiliated Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
The parties submit themselves exclusively to the jurisdiction of Courts in Chennai City.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Website, Service and/or a Course is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
EnglishStrokes.com does not guarantee continuous, uninterrupted or secure access to the Website, Service and/or a Course, and operation of the Website, Service and/or a Course may be interfered with by numerous factors outside of EnglishStrokes.com’s control.
The online course offered by EnglishStrokes.com is only a value added.
This Agreement sets forth the entire understanding and agreement between you and EnglishStrokes.com with respect to the subject matter hereof.
Limitation of Liability
Limitation of Liability EnglishStrokes.com shall have no liability whatsoever to any User or third party in respect of any product advertised or offered for sale on the Website (‘Product’).
EnglishStrokes.com shall have no liability whatsoever to any User or third party in respect of any errors or omissions in the provision of the Services nor in respect of any of the contents of the Website, for any indirect or consequential loss, loss of business, revenue, profits, or saving which any User expected to make, or financial loss of any sort.
EnglishStrokes.com expressly excludes all warranties in respect of the accuracy of the contents of the Website. Except as expressly provided in these Terms and Conditions, all warranties, conditions, representations or other terms implied by statute or common law as to the quality of the Services or otherwise are excluded to the fullest extent permitted by law.
The Site and Services may be offered in some countries only.
Use of some of the Site and/or Services may be country and/or language specific, or specific to a certain product or service, geographic area, or other criteria as informed within the applicable Site and Service descriptions.
The Site and Services provided herein may be network dependent and may require network support. In order to be able to use the Services you may need to ensure that your service provider supports data traffic delivery (GPRS) and that you have subscribed to a GPRS service. Some networks have also other limitations that may affect your ability to use the Site(s) and Services. You are responsible for obtaining any information necessary regarding your abilities to use the Site(s) and the Services from your respective service provider.
EnglishStrokes.com does not accept any responsibility for delays caused by mobile network and / or ISP congestion and / or mobile handset failure.
You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website, the Service and associated content in accordance with this Agreement. EnglishStrokes.com may terminate this license at any time for any reason.
You may use the Website and/or Service on one computer for your own personal, non-commercial use. No part of the Website and/or Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website and/or Service, its associated content, or any portion thereof. EnglishStrokes.com reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Service. You may not take any action that imposes an unreasonable or disproportionately large load on the EnglishStrokes.com infrastructure.
Your right to use the Website and/or Service is not transferable. Access to, and use of, the Service may be through a combination of user name and password (“Login”). If you access the Service through a Login, you must keep your Login strictly confidential. For security reasons, we will not release passwords for any reason, other than to a Member upon request and when specifically required by law or court order. Unauthorized access to the Website and/or Service is a breach of this Agreement and a violation of applicable law.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT EACH COURSE IS SUBJECT TO ITS OWN EULA, TO WHICH YOU MUST AGREE TO PRIOR TO ACCESSING SUCH COURSE.
EnglishStrokes.com does not control the information provided by other Members that are made available through our system. You may find other Member’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, commonsense, and safety when using the Website. You are solely responsible for your interactions with other Members. Because EnglishStrokes.com is not directly involved in Member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed or used information on the Website, you hereby release englishstrokes.com and its Affiliated Parties, as defined herein below, from any and all claims, demands and damages (actual, indirect and/or otherwise consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or arising out of your use of the Website and/or Services. EnglishStrokes.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
You are solely responsible for providing all personal computer and communications equipment necessary to gain access to the Website and Service, and to use the Courses downloaded or accessed herein.
This Agreement shall be treated as though it were executed and performed in Chennai and shall be governed by and construed in accordance with the laws of the State of Tamilnadu (without regard to its conflict of law principles).
Online Content / Conduct
As a Member, you agree that you are solely responsible for the content and/or information that you publish, transmit and/or post on the Website, as well as your conduct in general at the Website and Service. You agree to use the Service in a manner consistent with any and all applicable laws, rules and regulations and with the highest regard to the intellectual property rights of EnglishStrokes.com and its licensors.
- Use or attempt to use, any method or technique to access and/or obtain unlocked courses without payment thereof;
- Impersonate any other person or entity;
- Stalk or otherwise harass any person via the Website;
- Engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Website;
- Transmit any chain letters, “spam” or junk e-mail to other Members;
- Express or imply that any statements you make are endorsed by EnglishStrokes.com;
- Harvest or collect personal information about other Members whether or not for commercial purposes;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or the Service;
- Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
- Upload, post, transmit, reproduce or distribute or in any way exploit any material or information over which the User does not have proprietary or intellectual property rights, whether such information is derived from the Website, the Services or any other source, except with the express permission of the holder of either the proprietary or intellectual property rights to that material or information;
- Upload, post, transmit, or distribute: any material or information which is in any way unlawful, or which is potentially harmful, threatening, abusive, libellous, pornographic or otherwise obscene, or racially, ethnically or otherwise objectionable;
- Reproduce, copy, sell, resell or otherwise exploit for any commercial purposes any part of the Website or its contents (including but not limited to information accessible through the Website) or the Services;
- Remove any copyright, trademark or other proprietary rights or notices contained on the Website;
Interfere with or disrupt the Website and/or Service or the servers and/or networks connected to the Website and/or Service;
- Post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website or Service;
- “Frame” or “mirror” any part of the Website or Service;
- Use metatags or code or other devices containing any reference to EnglishStrokes.com or the Website or Service in order to direct any person to any other website for any purpose; and/or
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website, Service, any Course, any software used on or for the Website and/or Service, or cause others to do so.
EnglishStrokes.com reserves the right, but has no obligation, to reject any posting that does not comply with these prohibitions or for any reason at all. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of this Agreement and may result in termination of your membership, in the sole discretion of EnglishStrokes.com, pursuant to the terms of this Agreement. EnglishStrokes.com reserves the right to pursue any and all legal remedies against individuals who engage in the aforementioned prohibited conduct.
Any attempt by any individual, whether or not a Member, to damage, destroy, tamper with or vandalize this Website and/or Service, or any portion therein, or otherwise interfere with the operation of the Website and/or Service, is a violation of criminal and civil law and EnglishStrokes.com will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website, Service, and each and every course are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Website, Service and/or a course is strictly prohibited. You do not acquire ownership rights to any course, content, document, software, services or other materials viewed, accessed and/or obtained at or through the Website, Service. The posting of information or material at the Website does not constitute a waiver of any right in such information and materials by EnglishStrokes.com. Any rights not explicitly set forth herein are reserved by EnglishStrokes.com and its licensors.
Registration with EnglishStrokes.com is necessary to become a member (“Member”) and access courses at the Service. When you register to become a Member, you agree to provide accurate, current and complete information about yourself (the “Registration Data”) as prompted by our registration form. You also represent that we may rely on your Registration Data as accurate, current and complete. In addition, we may ask for credit card information or employ some other age verification measure. The preceding information, except for credit card information to the extent that such information may be used to charge any Registration fees or course fees, will be used solely for proving your age. You agree to maintain and update your Registration Data to keep it accurate, current and complete at such time that you access the Service. EnglishStrokes.com reserves the right, in its sole discretion, to terminate your registration for inaccurate, untrue, deceptive and/or incomplete Registration Data.
Downtime The User acknowledges and accepts that computer and telecommunications systems are not fault-free and may from time to time require periods of downtime (being periods during which the Website and the Services are not available) for the purposes of repair, maintenance, upgrading and any other allied cause. Accordingly, EnglishStrokes.com does not guarantee uninterrupted availability of the Website, but it shall make reasonable efforts to minimize any periods when the Website is not available. The User accepts and acknowledges that any interruption in the availability of the websites for the above mentioned reasons are completely beyond the control of EnglishStrokes.com and consequently the User accepts that it shall have no claim for breach of contract or otherwise in respect of any such period of unavailability. Changes to Services and/or Website The User acknowledges and accepts that EnglishStrokes.com may from time to time alter any aspect of the Website or the Services as it thinks fit and without notice to Users. The User accepts that it shall have no claim for breach of contract or otherwise in respect of any such alteration.
The User acknowledges and agrees that EnglishStrokes.com shall not be held responsible for the calculation, collection or reporting of any value added tax, other sales tax, or tax or fee of whatever nature assessed by any jurisdiction having taxing authority over any sale or other contract.
The User warrants that it shall comply with all applicable laws and regulations with respect to taxes, and shall indemnify EnglishStrokes.com against any and all damages and costs incurred as a result of the User’s failure to comply with its obligations under this Condition.
Username and Password
As part of the registration process, you will be asked to select a username and password. We may refuse to grant any username, in our sole discretion, if the username you select is invalid and/or inappropriate. Invalid and/or inappropriate usernames include, but are not limited to, usernames that impersonate another person, are protected by trademark law or other proprietary rights, those that may cause confusion or those that are vulgar or otherwise offensive. You are solely responsible for the confidentiality and use of your username and password. You agree not to transfer or resell your username and/or password, or otherwise provide access to the Website and/or Service to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information and immediately notify EnglishStrokes.com by e-mailing us at Email ID. HOWEVER, YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT, EVEN UNAUTHORIZED ACTIVITIES.
Use of Your Information
Warranties / Limitation of Liability
The website, service and each and every course, is provided on an “as is” and “as available” basis. Except as explicitly contained in this agreement, all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). The website, service and each and every course may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of, or inability to use, the website, service or a course. In particular, but not as a limitation thereof, we and/or our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and us. The website, the service, each and every course and information contained therein, would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the website, the service or a course shall create any warranty, representation or guarantee not expressly stated in this agreement.
We and our affiliated parties are not responsible for any incorrect or inaccurate content posted on the website or provided in connection with the service, whether caused by individuals, members or by any of the equipment or programming associated with or utilized in the website and service, nor for the conduct of any individual and/or member of the service, whether online or offline. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, individual and/or member communications.
Under no circumstances will we and/or our affiliated parties be responsible for any loss or damage resulting from anyone’s use of the website or service and/or any content posted on the website or transmitted to any members. We cannot guarantee, and do not promise, any specific results from use of the website and/or service.
We and/or our affiliated parties are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, computer equipment, software or failure of e-mail on account of technical problems or traffic congestion on the internet or at any website or any combination thereof including, but not limited to, injury or damage to an individual’s, member’s or to any other person’s computer related to, or resulting from, participating or downloading courses and/or materials containing viruses or other malicious code in connection with the website or service.
Notwithstanding the foregoing, we and/or our affiliated parties shall not be liable to you for any services, goods or information available from third parties, even if obtained at or through the website, service or a course.