These Terms and Conditions (“Terms”) by EDUCUBS CODE, LLC (“EDUCUBS CODE” or “us” or “we”) shall apply to any order for products of EDUCUBS CODE(“Products”) sold on www.educubs.in or where explicitly applicable or through a current authorized reseller of Products (“Authorized Party” or “Authorized Parties”).
By placing an order on the Sites or through an Authorized Party for non-resale purpose and use of Products, you on behalf of yourself as an individual or on behalf of an organization, (“Customer” or “you” or “your”), represent and warrant that you have read, understood and agreed to be bound by these Terms, affirm that you are of the legal age to enter into an agreement, and in the case of a Customer purchasing on behalf of an organization, affirm that you have the legal authority to bind any such organization to these Terms.
You also agree that the EDUCUBS CODE Privacy Policy (found at www.Educubs.in/privacy) shall apply to your order. To the extent that any terms and conditions in the EDUCUBS CODE Privacy Policy or the EDUCUBS CODE Terms of Use are different from, inconsistent with or conflict with these Terms, these Terms shall control, except to the extent that the EDUCUBS CODE Privacy Policy or the EDUCUBS CODE Terms of Use expressly states that these Terms are to be overridden or modified. For any purchase of EDUCUBS CODE, such purchase will be provided in accordance with the applicable EDUCUBS CODE terms and conditions found at www.picodeclub.com/tems-and-conditions or by contacting EDUCUBS CODE or an Authorized Party.
These Terms are subject to change by EDUCUBS CODE without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Date Updated” in the beginning of these Terms. Any purchase of Products on the Sites will constitute your acceptance of and agreement to these Terms and any changes thereto as of the Last Date Updated.
These Terms shall control irrespective of any inconsistent or additional terms and conditions, whether printed or otherwise, set forth in any communication from Customer to EDUCUBS CODE, or which otherwise would be deemed established by any course of dealing, course of performance or usage of trade, unless otherwise provided herein or specifically agreed to in writing as a waiver or modification signed by an officer of EDUCUBS CODE.
IN NO CASE SHALL YOU PLACE AN ORDER IF: (A) YOU DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITES BY APPLICABLE LAW.
You agree that an order placed by you constitutes an offer to purchase all of the Products listed in your order from EDUCUBS CODE or an Authorized Party pursuant to these Terms (“Order”). EDUCUBS CODE shall not be deemed to have accepted any Order (or any portion thereof) of Customer with respect to any Products until EDUCUBS CODE dispatches such Products to the carrier for delivery to Customer as provided herein.
Upon receipt of an Order, EDUCUBS CODE may, at its option, acknowledge such receipt by providing to Customer an “Order Acknowledgment”. No such Order Acknowledgment shall be deemed to constitute EDUCUBS CODE acceptance of such Order or any portion thereof; such acceptance shall only occur as provided in Section 2 above. To the extent that any terms and conditions set forth in any such Order Acknowledgment or in any invoice delivered by EDUCUBS CODE or an Authorized Party to Customer in connection with any sale of Products hereunder are different from, inconsistent with or in addition to these Terms, such terms and conditions, together with those herein which are not different from or inconsistent with those in such Order Acknowledgment or invoice, shall control and constitute the entire agreement and understanding of the parties with respect to the transactions contemplated thereby.
EDUCUBS CODE expressly reserves the right, at any time and without notice, to discontinue the production or change the specifications of any Product, and no such change in specifications shall affect any Order of such Product.
All prices, discounts, and promotions stated by EDUCUBS CODE or an Authorized Party are subject to change, at any time and without notice. The price charged for Products will be EDUCUBS CODE prices prevailing for such Products at the time of shipment.
Prices do not include: (a) any tax or other government charge or assessment upon the sale, shipment, production or use of Products ordered or sold hereunder. Customer shall be solely responsible for, and shall pay to EDUCUBS CODE upon demand by EDUCUBS CODE, any such tax, charge or assessment (other than any such tax on or measured by EDUCUBS CODE income); or (b) any standard service charges of EDUCUBS CODE or an Authorized Party which may be applicable to sales of its Products to the Customer, all of which Customer shall pay.
All Orders must be paid in full, including shipping, prior to delivery by EDUCUBS CODE to the carrier. EDUCUBS CODE reserves the right to suspend delivery and performance until full payment is received. Customer shall not set off against or deduct from any amounts due to EDUCUBS CODE hereunder all or any part of any amounts owed or alleged to be owed by EDUCUBS CODE to Customer or any damages or losses which Customer may have sustained or allege to have sustained as a result of any breach or alleged breach by EDUCUBS CODE or any obligation of any kind to Customer (whether or not arising hereunder or in connection herewith).
Title to all Products supplied hereunder shall pass to Customer when delivered to the carrier and thereafter, except as otherwise specifically provided herein, all risk of loss and/or damage to any Products ordered hereunder shall be borne by Customer.
EDUCUBS CODE shall attempt in good faith to effect delivery approximately in accordance with the instructions set forth in Customer’s order or approximately on such other schedule as EDUCUBS CODE may provide to the Customer in any Order Acknowledgment or other response to an order, but EDUCUBS CODE shall not be responsible or liable for any delays or failure in such delivery. EDUCUBS CODE expressly reserves the right to effect delivery of Products ordered in any number of separate shipments. Subject to Customer’s instructions as to carrier, delivery shall be affected using such modes of transport and such carriers as EDUCUBS CODE shall deem appropriate. During any period of shortage of any product, EDUCUBS CODE shall have the right to allocate its supply of such product among its customers, including Customer, pursuant to their respective orders and contracts in any manner EDUCUBS CODE deems appropriate. EDUCUBS CODE shall in no event be responsible or liable for any delay or failure to effect delivery due to any cause which is unavoidable or beyond EDUCUBS CODE reasonable control and which prevents, impairs or adversely affects in any way EDUCUBS CODE performance under any order, including but not limited to war, fire, flood, natural disaster, strike, labor dispute, act of God, governmental action, civil disturbance, accident, or inability to obtain or use materials, labor, equipment, facilities or transportation; in such cases, EDUCUBS CODE shall have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.
Customer shall carefully examine all deliveries of Products made hereunder and within five (5) days of receipt notify EDUCUBS CODE of any alleged error, shortage, defect or non-conformity of any such Products. Any failure by Customer to examine and report shall constitute a waiver of any claim or right of Customer against EDUCUBS CODE arising hereunder or by law with respect to any such error, shortage, defect or non-conformity reasonably discoverable by such examination. Any and all claims by Customer for damage or loss in transit shall be made by Customer against the carrier.
If a Product includes any EDUCUBS CODE or non- EDUCUBS CODE software, including but not limited to program code together with applicable technical documentation made available by EDUCUBS CODE from time to time (collectively “Software”), Customer acknowledges that the Software is subject to additional terms and conditions as set forth in executable or electronic license agreements (“Other Agreements”). The Other Agreements, if any, shall control and govern all such licensed Software use to the extent necessary to resolve any conflict with these Terms. Subject to the terms of such license agreements, all rights not expressly granted herein are reserved, and all other uses of the Software are subject to these Terms as well as the payment of any applicable Software license fees, including fees for specific Software functionalities.
Except as expressly provided herein, the terms and conditions hereof may not be modified, terminated, or repudiated, in whole or in part, except by a writing executed by an authorized officer of EDUCUBS CODE. EDUCUBS CODE may, at its option, treat any attempted modification, termination or repudiation to which it does not assent in writing as a breach of the entire agreement hereunder and recover from Customer all of EDUCUBS CODE damages, including without limitation special, indirect, consequential and incidental damages (“Damages”) resulting therefrom or arising in connection therewith. In the event that Customer (a) breaches these Terms, (b) becomes unable to conduct its normal business operations (including to meet its obligations as they mature) or the subject of any proceeding under any state or federal bankruptcy law or other law for the benefit of creditors or relief of debtors or (c) makes any assignment for the benefit of creditors, then EDUCUBS CODE may immediately (x) cancel or terminate any and all agreements with or obligations to Customer relating to sales of Products in whole or in such part as EDUCUBS CODE may deem expedient and (y) recover from Customer all of EDUCUBS CODE Damages resulting therefrom or in connection therewith.