Terms and condition

Terms and Condition

Acceptance of Terms

These terms of services (“terms”) are designed to bind an agreement between Cobra Softwares Pvt Ltd, India, and thambi.guru (“we”, “us”, “our” or “Cobra Softwares Pvt Ltd, India”) and the user (“you” or “your”)  of website or its related services (“services”) such as hosting, training and software development. 

We retain full rights on updating these terms of services from time to time without any prior notice to the users. Please read the whole document carefully before using our website or our services, as using them (with or without subscription/payment) will indicate your acceptance to our terms.

These Terms are designed in accordance to the the Information Technology Act, 2000 and the Information technology rules, 2011. User must also comply with all the local rules applicable on online conduct. Any discrepancy with these terms or any other policies with respect to our services, the provisions of these terms shall prevail.


Limited License

Cobra Softwares Pvt Ltd, India provides a non-transferable, revocable and non-exclusive license to use its related services, Stringently in accordance to its Legal Terms.


Proprietary Information

All Information including but not limited to Cobra Softwares Pvt Ltd, India content, trade names, images, logo and services are proprietary information of Cobra Softwares Pvt Ltd, India and Cobra Softwares Pvt Ltd, India EduSystems Pvt. Ltd., no such information may be reproduced, copied, republished, posted, distributed or transmitted in any way without the prior permission from Cobra Softwares Pvt Ltd, India.


Using Our Services

Hosting service

With our hosting service we provide an option to choose from different hosting modes which also involves the use of other third party servers apart from our own, hence , user must provide complete and accurate information during registering themselves for our hosting services. Moreover, any disparity in this information will allow us to take any legal action against you. Users must maintain confidentiality of their account and password and agree to notify us promptly for any unauthorised access or suspected breach of their account.

Other related services

We also provide a wide range of other e-learning related services (visit https://www.thambi.guru for more information). User must agree to provide all the correct and complete information before subscribing to any of our service. User must also at all time take the responsibility of their actions taking place on their portal designed or provided by us.


Service Terms

General Terms

User agree to not get engaged in any of the activities that; i) involves copying, distributing or disclosing any part of Cobra Softwares Pvt Ltd, India services to any third party; ii) materially disrupts or abuses any aspect of the network, security system or website of Cobra Softwares Pvt Ltd, India; iii) includes uploading inappropriate data, virus, worms or any other unwanted software agent through the services; iv) generates or facilitates unsolicited or unauthorised advertising or marketing communications including but not limited to spams; v) involves collecting any personally identifiable information to other third party; vi) violates or facilitates the violation of the legal rights of others vii) interferes with the proper working of the service; viii) constitutes abuse in Cobra Softwares Pvt Ltd, India sole discretion. 

You agree not to access or attempt to access the services by any means other than the interface provided by Cobra Softwares Pvt Ltd, India. You will not use the services for fraudulent or illegal purpose including the storage or transmission of content infringing the intellectual property rights of others, or to communicate any message or material that is deemed harassing, indecent, obscene or otherwise unlawful.

You agree to follow the best practices as recommended by Cobra Softwares Pvt Ltd, India for getting good performance from the platform.

Anti-Discrimination

Cobra Softwares Pvt Ltd, India strictly discourage any act related to discrimination and hence will not tolerate or support its services being used to discriminate individuals, especially based on their age, race, cast, sexual orientation, disability or their nationality. Users are not allowed to promote or incite any such activities.

Modification and termination of service

You hereby acknowledge that Cobra Softwares Pvt Ltd, India (or Cobra Softwares Pvt Ltd, India licensors or suppliers) own all legal rights, titles and interests, including any intellectual property rights which exist in the Services (whether those rights are registered or unregistered). 

To discontinue your use of the Services, you must notify Cobra Softwares Pvt Ltd, India by raising a support ticket at “support@cobrasoftwares.org”. Notwithstanding any provision of these Terms, Cobra Softwares Pvt Ltd, India reserves the right to discontinue provision of the Service, certain features and functionality, or restrict access in its sole discretion with or without notice to you. If Cobra Softwares Pvt Ltd, India reasonably determines that you are not using the Services, or any features or functionality within the Service, in a reasonable and normal manner, Cobra Softwares Pvt Ltd, India reserves the rights to impose limits on or terminate your use of the Service.


User Content

You agree that you are solely responsible for the content that you or your authorized users create, transmit, display, use, store and/or redistribute while using our services. User must understand that, if any confidential or personally identifiable information is used in the service then it may be viewed, read, modified and/or deleted by other users of the service. User must also agree that Cobra Softwares Pvt Ltd, India has no obligation with respect to any user content. 

You are responsible for the accuracy, legality, quality, integrity, and intellectual property ownership rights of your content. You must ensure that your content complies with these Terms, along with Cobra Softwares Pvt Ltd, India Privacy Policy and other applicable policies, laws and regulations. You acknowledge that Cobra Softwares Pvt Ltd, India may access, use, preserve, or disclose your account information and user content, if legally required to do so. User agrees that disclosure is reasonably necessary to comply with legal process or request; to enforce these Terms; security or technical issues; to detect or prevent fraud; to protect the rights, property or safety of Cobra Softwares Pvt Ltd, India, its users, or the public as permitted by law. 

Cobra Softwares Pvt Ltd, India shall not be responsible or liable for the deletion, correction, destruction, damage or loss of any user content. If Cobra Softwares Pvt Ltd, India receives notice that any content created by user, transmit, display or store while using the Services violates any law or infringes any third party rights, Cobra Softwares Pvt Ltd, India shall have the right to immediately suspend access to the Services without any prior notice.


Limited Warranties

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED BY Cobra Softwares Pvt Ltd, India IS ON “AS IS” AND “AS AVAILABLE” BASIS. YOU ALSO ACKNOWLEDGE THAT Cobra Softwares Pvt Ltd, India WEBSITE AND ITS RELATED SERVICES MAY CONTAIN BUGS, ERRORS OR OTHER DEFECTS, WHICH Cobra Softwares Pvt Ltd, India SHOULD NOT BE LIABLE OF. YOUR ACCESS TO OUR WEBSITE OR OTHER RELATED LINKS, IS AT YOUR SOLE RISK. Cobra Softwares Pvt Ltd, India PROVIDES NO WARRANTY WHETHER EXPRESSED OR IMPLIED ON SOME GROUNDS INCLUDING TITLE, SATISFACTORY QUALITY AND FITNESS OF OUR SERVICES. Cobra Softwares Pvt Ltd, India DOES NOT WARRANT OR REPRESENT THAT (I) THE SERVICES PROVIDED BY THEM WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE (II) THE SERVICES WILL MEET USER’S REQUIREMENT/S (III) ALL THE SERVICES WILL BE SECURED (IV) ALL ERRORS WILL BE CORRECTED, OR (V) OPERATION IN THE COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. USER MUST UNDERSTAND THE COST AND RISK ASSOCIATED WITH THE USAGE OF SERVICES INCLUDING BUT NOT LIMITED TO INTERNET ACCESS FEE, DEVICE COST, EXPENSE RELATED TO BACK-UP AND DAMAGE TO ANY SOFTWARE. USER UNDERSTAND THE RISK RELATED WITH ANY KIND OF DATA DOWNLOAD INCLUDING PLUGINS THROUGH THE USE OF SERVICES. USER WILL BE SOLELY RESPONSIBLE FOR ANY SORT OF DAMAGE TO THE COMPUTER SYSTEM OR ANY DATA THAT MIGHT BE RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL DURING THE SERVICES. USER AGREE THAT ANY INFORMATION OR ADVICE, EITHER ORAL OR WRITTEN, PROVIDED BY VIDHYA MANTRA OR FROM ITS SERVICES WILL NOT CREATE ANY WARRANTY. HOWEVER SEVERAL JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OF SOME CONDITIONS, SO SOME OF THE ABOVE MENTIONED TERMS MAY NOT BE APPLICABLE TO YOU.


Limitation on Liability

Cobra Softwares Pvt Ltd, India, IN NO EVENT SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS RELATED TO THE SERVICES AND DIRECT OR INDIRECT, (I) INCOME LOSS (II) LOSS OF DATA (III) PROFIT LOSS (IV) LOSS OF OPPORTUNITY , OR (V) COST RELATED TO RECOVERY OR ANY OTHER DAMAGE. Cobra Softwares Pvt Ltd, India IS ALSO NOT LIABLE FOR ANY NEGLIGENCE OR BREACH OF CONTRACT EVEN IF THEY HAVE BEEN ADVISED FOR THE POSSIBILITY OF SUCH DAMAGE. HOWEVER SEVERAL JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OF SOME CONDITIONS, SO SOME OF THE ABOVE MENTIONED TERMS MAY NOT BE APPLICABLE TO YOU.


Indemnity

User must agree to defend and hold Cobra Softwares Pvt Ltd, India and its affiliates, employees, agents and other related individuals harmless from and against any claim, damage, cost or debt, liabilities, losses and any sort of expense arising from (I) user’s violation of any term indicated in this agreement (II) the access of Cobra Softwares Pvt Ltd, India website and its services, including transmitted and received data (through user) (III) breach of any warranty mentioned in this agreement (IV) user’s violation of any third party right including but not limited to the intellectual property rights (V) any claim arising from any content used by the user (VI) user’s violation of any regulation or applicable law (VII) user’s equipment or business.


Arbitration

User agrees to contact sales@cobrasoftwares.org first, for any dispute with Cobra Softwares Pvt Ltd, India. This will inturn resolve the matter informally. However, in any unfortunate situation where Cobra Softwares Pvt Ltd, India is not able to resolve the dispute or any claim, Cobra Softwares Pvt Ltd, India agrees to resolve such dispute by binding to Arbitration and Conciliation Act, 1996. The user and Cobra Softwares Pvt Ltd, India agrees to pay applicable fee to the arbitrator, to settle down the dispute.