GENERAL:
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You” or “Your”) and CADET COLLEGE HASANABDAL” (“College”, “CCH” “We” or “Us”, or “Our”), concerning your access to and use of the CCH’ website i.e. https://cch.edu.pk/ as well as any other media form, media channel, mobile website or mobile application hosted on any Operating System related, linked, or otherwise connected thereto (collectively the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of the Terms of Use (“Terms of Use”) stated herein. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE THE ACCESS OR USE AND EXIT THE SITE IMMEDIATELY.
SUPPLEMENTAL TERMS AND MODIFICATIONS:
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. However, we have no obligation to update any information on our Site. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to signify agreement to be bound by, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. Moreover, CCH also reserve the right to modify or discontinue all or part of the Site without notice at any time. CCH will not be liable to you or any third party for any modification, change, suspension, or discontinuance of the Site.
APPLICABILITY OF TERMS OF USE:
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
PRIVACY POLICY:
Your use of the Site constitutes your agreement to be bound by and comply with the requirements, terms and conditions of the posted privacy policies, as amended from time to time (the “Privacy Policies”). By using this Site, you consent to the processing of your personal data in the Islamic Republic of Pakistan, United States of America and elsewhere outside of the European Union in accordance with these Terms and the Privacy Policies. In addition to reviewing the Terms of Use, please carefully read the Privacy Policies, which are incorporated into and made a part of the Terms by reference.
User Data: We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures: Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
INTELLECTUAL PROPERTY RIGHTS:
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Islamic Republic of Pakistan, foreign jurisdictions, and international conventions.
Permission to use of content and marks: The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. CCH grants a personal non-exclusive, non-transferable license to access and use the Site. You may download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission from CCH. The burden of determining that use of any information, software or any other content on the Site is permissible rests with you. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
LINKS TO OTHER SITES:
CCH’ Sites may include hyperlinks to websites maintained or controlled by others. CCH is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites.
CORRECTIONS:
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
USER REPRESENTATIONS:
By using the Site, you represent and warrant that:
a. you have the legal capacity and you agree to comply with these Terms of Use;
b. you are not a minor (generally persons aging below eighteen [18] years) in the jurisdiction in which you reside or are a citizen of, or if a minor, you have received parental or custodial permission to use or access the Site;
c. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
d. you will not use the Site for any illegal or unauthorised purpose; and
e. your use of the Site will not violate any applicable law or regulation applicable at any jurisdiction or country.
Furthermore, you agree that, a. if you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and to refuse any and all current or future use of the Site (or any portion thereof).
b. if any third party claims that any material you have contributed to the Site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although CCH does not monitor the content of the Sites regularly, CCH reserves the right to remove contributed material from the Site, block access, or take other action with respect to the contributed material in its sole discretion, although CCH is under no obligation to do so.
RULES FOR ONLINE CONDUCT:
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed, or stated herein or those for which you have sought written permission from CCH’ designated authority.
As a user of the Site, you agree and undertake not to: 1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from CCH.
2. Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users of the Site by electronic or other means for the purpose of sending unsolicited email(s), or creating user account(s) by automated means or under false pretences.
3. Use the Site to advertise or offer to sell goods or services.
4. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
5. Engage in unauthorised framing of or linking to the Site.
6. Trick, defraud, or mislead CCH and Sites’ users, especially in any attempt to learn sensitive account information such as users’ passcodes.
7. Make improper use of our support services or submit false reports of abuse or misconduct.
8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
10. Attempt to impersonate another user or person or use the username of another user.
11. Sell or otherwise transfer, in any manner, your profile or account to any other third party which may or may not belong to CCH community.
12. Use any information obtained from the Site in order to harass, abuse, or harm any other person.
13. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
15. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
16. Harass, annoy, intimidate, or threaten any of CCH’ employees or agents engaged in providing any portion of the Site to you.
17. Delete the copyright or other proprietary rights notice from any Content.
18. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, destroys, damages, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
20. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
21. Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
23. Use the Site in a manner inconsistent with any applicable laws or regulations.
SUBMISSIONS:
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property once you submit the same on the Site. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions.
You hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. Otherwise, you will defend, or at CCH’ option cooperate in the defense of, hold harmless and indemnify, including legal fees, from third party claims that your submission infringe the intellectual property rights of any third party.
SITE MANAGEMENT:
CCH reserves the right, but not the obligation, to:
a. monitor the Site for violations of these Terms of Use;
b. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
c. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
d. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
e. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
INTERRUPTIONS:
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
ACCESS OR USE DENIAL
Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete any content or information that you posted at any time, without warning, in our sole discretion.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the Islamic Republic of Pakistan applicable to agreements made and to be entirely performed within the Islamic Republic of Pakistan.
DISPUTE RESOLUTION
Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. Any dispute, controversy or claim arising out of or relating to these Terms of Use, or the breach, termination or invalidity thereof, which has not been successfully resolved by Negotiations, shall be settled by arbitration in accordance with the Pakistan Arbitration Act, 1940, subject to the exclusive jurisdiction of the Courts. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the Courts of Lahore, Pakistan and the Parties hereby consent to, and waive all defences of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
a. any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
b. any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and
c. any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the jurisdiction of that court.
LIMITATIONS OF LIABILITY:
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION:
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
a. use of the Site;
b. breach of these Terms of Use;
c. any breach of your representations and warranties set forth in these Terms of Use;
d. your violation of the rights of a third party, including but not limited to intellectual property rights; or
e. any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
MISCELLANEOUS:
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and CCH.
These Terms of Use operate to the fullest extent permissible by applicable Laws and Regulations of Islamic Republic of Pakistan.
We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
CCH failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and CCH as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.