Terms & Conditions

This is an agreement between you or the entity that you represent (hereinafter ‘You’ or ‘Your’) and ‘EDUSPACE TECHNOLOGIES Pvt. Ltd.’ (hereinafter ‘Proctur’) governing your use of Proctur Online Software as a Service and Mobile APP. Violation of any of the terms below will result in the termination of your account.

Acceptance of Terms

This is binding agreement and your usage of Proctur Website and APP confirms your agreement by the following terms and conditions. Proctur Team can change these terms and conditions from time to time without notice. All exiting and new functionality added to the software shall be subject to this terms and conditions. In case Proctur makes significant changes to Terms and Conditions, you will be notified to your registered Email address 15 days in advance. In case you continue to use Service after effective date, it will be deemed to be your agreement to the modified terms.

Standard Account Terms

You must be a human and account created by ‘bot’ or other similar methods are not permitted. You may not use the Service for any illegal activities. You must not, throughout your use of the Service, violate any applicable laws in your jurisdiction, and this is including but not limited to copyright laws. Your use of the Service is at your own risk and you acknowledge and understand that Proctur uses third party vendors to provide the necessary hardware, software, networking, storage, SMS and related technology required to run the Service. Proctur cannot guarantee that any errors in the Service will be corrected at any time. Proctur does not guarantee in any capacity that the service will meet your specific needs and does not guarantee that the service will be uninterrupted, secure or error-free, that the results that may be obtained from the use of the service will be definitively accurate or reliable at all times. You hereby and explicitly understand and agree that Proctur is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including (but not restricted to) damages for loss of profits, data or other intangibles, by means of the use or the inability to use the service, unauthorized access to your data, or any other matter relating directly to the Service.

Restrictions on Use

Unless with explicit permission from Proctur, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. We may remove Content and Accounts containing Content that we determine in our sole discretion are violating the terms of service, including but not limited to content deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, explicitly obscene, generally objectionable or violating any party’s intellectual property. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Proctur employee, member, or officer will result in immediate account termination and potential criminal charges. You must not transmit any worms, viruses or any other code of a destructive and furtive nature. You agree to be solely responsible for the contents of your transmissions through the Services and we reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Personal Information and Privacy

Proctur Privacy Policy governs all the data and information you provide through Proctur Service. Your usage of service indicates your acceptance of Privacy Policy. You are responsible for maintaining the security of your account and password. Proctur cannot and will not be liable for any loss of information or security breaches that result from your failure to comply with this security obligation. You are hereby considered fully responsible for all data added and any and all activity that occurs under your account, even when by others who have accounts under your account add certain data. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

Complaints

In case, Proctur receives a complaint from anyone against you with respect to your activities as part of usage of Proctur services or software, we will inform you on your primary registered Email Id and Phone No of your account. You must respond to complaint within 2 weeks from the receiving date. In case you do not respond, Proctur Team may need to disclose your Name and Contact details to the complainant for any legal action.

Payments

Proctur services are available under annual subscription plan. Payments can be done by either Cash / Cheque / Bank Transfer. All subscriptions are valid for a year from the start date until or unless specified differently in the contract. Services will be delivered upon successful payments of subscription charges and are non-refundable. From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.

Data / Content Ownership

You own all content or data created or added by you in Proctur. We do not use / modify or distribute the data / content added by you in your account in Proctur. But you grant permission to use data of your account solely as required only for the purpose of providing services to you.

In consideration of the users use of Proctur SMS Services, the users agree to be solely responsible for:

Providing true, accurate, current and complete information about Self and other down line user under its group.

Maintaining and promptly updating the Data to keep it true, accurate, current and complete.

The users are responsible for the access of the SMS-Systems by any third person. This especially refers to all costs and charges for all, without limitation, messages that Proctur sends out are under the users account. The users are solely responsible for the security of the user’s password and should under no circumstances make it available to any third person(s).

The users agree that they are responsible for the Content of messages that the user submit, and the users, not Proctur, have responsibility for the Content, including its legality, reliability, appropriateness, originality and copyright. The users agree to not use the Services to intentionally or Unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law. A recipient that does not wish to receive SMS messages services including advertisements or promotions and states this clearly to Proctur or the users, has to be removed from the system list for the time being the user may not send to same client but in future the user may take these clients on its list with same name and number. If The users use the Services for customized advertisement or promotion, the users message has to contain a hotline or a help line or a feedback Phone Number.

The users should not use the Company’s system (Proctur) for any unlawful or abusive purpose or for sending obscene, indecent, threatening, harassing, unsolicited messages affecting / infringing upon national or social interest nor create or cause any damage to any group or person (s).

Account Termination and Suspension

Proctur holds the right to suspend or terminate any account for usage of Service for any reason at any time. All content/data will be immediately deleted from the service termination and is irreversible. You can initiate cancellation of your account at point of time and will effective immediately once initiated. You will not be charged again from that point forth. Non-payment of subscription charges for a continuous period of 1 month will lead to suspension of account and allows Proctur to delete all information in your account. Proctur also reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 90 days.

SMS Charges and Delivery

Proctur uses 3rd party SMS Service provider. SMS Charges will be charged to you in addition to the subscription charges. SMS charges may vary depending on 3rd party charges i.e. SMS Service provider. Also the delivery of SMS and reporting provided is not responsibility of Proctur, but of service provider. By agreeing to this Terms and Conditions, you agree to bear all responsibility for the messages and the content sent by you to any person by using this service. You confirm that the mobile phone numbers to whom SMS will be sent using Proctur, belong to people you have known. You agree to indemnify Proctur against all complaints and claims arising out of violation of the NCPR provisions due to your acts. You also agree to follow and abide by the directives and guidelines issued by TRAI, as may be applicable.

If you have any questions or concerns regarding this Agreement, please contact us support@proctur.com.