Terms & Conditions

West Bengal Headmasters’ Association (WBHA) website and application is meant to allow its members to create/modify their profile, pay subscription charges and view notices/circulars.

By using the “wbha.org.in” or any sub-domains or connected links or website (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). “The Service provider” is West Bengal Headmasters’ Association, a Government registered Society based and fall under jurisdiction of Kolkata, West Bengal.

The WBHA reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://wbha.org.in/terms-conditions/

Violation of any of the terms below will result in the termination of your Account. While WBHA prohibits such conduct and Content on the Service, you understand and agree that the WBHA cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

BASIC TERMS

1. If you do not agree, you should decline this Agreement and immediately stop using the Service. Access to the Service is permitted only to those that fully agree with the terms and conditions of this Terms of Service agreement.

2. You agree that this Terms of Service Agreement and the relationship between the parties shall be exclusively governed by the laws of Republic of India without regard to conflict of law principles, or international conventions. The exclusive jurisdiction for any dispute resolution is the Kolkata High Court, Kolkata, India.

3. You must provide your legal name, a valid email address, a valid mobile number and any other information requested in order to complete the membership signup process. Any false information at any point of time or process will null and void this contract and may attract damage penalty.

4. Your login may only be used by one person - a single login shared by multiple people is not permitted.

5. You are responsible for maintaining the security of your account and password. The WBHA cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

6. The Member undertakes to maintain full confidentiality over their passwords related to the Service and the Account. If the Member becomes aware of any unauthorized use of its password or of the Member's Account, the Member must notify immediately at wbha.kol@gmail.com

7. You are responsible for all Content posted and activity that occurs under your account.

8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

9. The Members undertakes not to harass, threaten, abuse, indecent material or harm the WBHA or other users of the Service in any way.                    

REFUNDS OF MEMBERSHIP & SUBSCRIPTION CHARGES TERMS

1. The Membership and subscription charges to be paid in advance on a yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, discontinued subscription refunds, or refunds for months unused with an open membership.

2. All charges are exclusive of all taxes, levies, or duties imposed by taxing authorities if not stated otherwise. The Member will be responsible for payment of all such taxes, levies, or duties.

3. For any changes in membership or subscription charges, you will be charged the new rate at pro-rata basis for the remaining duration of the subscription.

4. Members will have to pay an extra amount over and above the Membership or Subscription cost to PayU Money Pvt Ltd towards their service for providing Online Payment Gateway.

CANCELLATION AND TERMINATION

1. You are solely responsible for properly cancelling your membership account. You can contact wbha.kol@gmail.com to know the cancellation procedure.

2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

3. If you cancel the Service before the end of your current paid up year, your cancellation will take effect immediately and you will not be charged again.

4. The WBHA, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. The WBHA reserves the right to refuse service to anyone for any reason at any time.

CONTENT TERMS

1. WBHA's Content is protected by copyright. The Member may not copy, distribute, modify, rent, lease, loan, sell distribute, create derivative works, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof without the copyright owner's respective license.

2. The WBHA claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

3. The WBHA does not pre-screen Content, but WBHA and its designer have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

4. The Member undertakes not to create, transmit, display or make otherwise available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, or hateful (including viruses, worms and any other destructive codes).

GENERAL CONDITIONS

1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

2. Among other things the WBHA does not represent and warrant to the Member that the Member's use of the Service will meet the Member's requirements and any information obtained by the Member as a result of the Member's use of the Service will be accurate, correct, reliable and up to date.

3. The WBHA is not liable for any direct, indirect, or consequential damage (including loss of profit, loss of data, loss of goodwill or business reputation) of the Member which may be incurred to the Member in relation with the Service, including:

3.1. damage resulting from deletion of, corruption of, or failure to store, any Member's Content;

3.2. damage resulting from the Member's failure to provide the WBHA with accurate account information;

3.3. damage resulting from the Member's failure to keep the Member's password or the details of the Member's Account secure and confidential.

4. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

5. The Member agrees that the WBHA may provide the Member with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on the Service.

6. You must not upload, post, host, or transmit unsolicited email, SMSs, or spam messages.

7. Nothing in the Agreement shall exclude or limit the WBHA's liability for damage which may not be lawfully excluded or limited by the laws of Republic of India.

8. The failure of WBHA to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and WBHA and govern your use of the Service, superseding any prior agreements between you and WBHA (including, but not limited to, any prior versions of the Terms of Service).

9. The Agreement is governed by the laws of Republic of India.

10. In case the Agreement has been translated into some other language than English and there are contradictions between the English version and the translation, then the English version shall prevail over the translation.

11. Any disputes related to the Agreement are to be solved by means of negotiations. If the dispute cannot be solved by means of negotiations, the dispute shall be solved in Kolkata High Court, Kolkata, India.

12. Questions about the Terms of Service should be sent to wbha.kol@gmail.com

Last updated on July 1, 2022