Terms & Conditions

Terms & Conditions

These Terms & Conditions (“Terms”) of (a) use of our Website www.utkarsh.com (“Website”), our applications (“Application”) or any products or services in connection with the Application/,  Website/products (“Services”)  or (b) any modes of registrations or usage of products, including through SD cards, tablets or other storage/transmitting device are between Utkarsh Classes & EduTech Private Limited (“Company/We/Us/Our”) and its users (“User/You/Your”).

These Terms constitute an electronic record following the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.

Please read the Terms and the privacy policy of the Company (“Privacy Policy”) concerning registration with us, the use of the Application, Website, Services, and products carefully before using the Application, Website, Services, or products. In the event of any discrepancy between the Terms and any other policies concerning the Application or Website or Services or products, the provisions of the Terms shall prevail.

Your use/access/browsing of the Application or Website or the Services or products or registration (with or without payment/with or without a subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.

If you do not agree with the Terms or the Privacy Policy, please do not use the Application or Website or avail of the Services or products. Any access to our Services/Applications/products through registrations/subscriptions is non-transferable.

1. Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets, including but not limited to the software, text, images, graphics, video, script, and audio, contained in the Application, Website, Services, and products are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any way without obtaining prior written permission from the Company. Nothing on this Application or Website or Services shall be or products deemed to confer a license of or any other right, interest, or title to or in any of the intellectual property rights belonging to the Company, to the User. You may own the medium on which the information, content, or materials resides. Still, the Company shall retain complete title to the information, content, or materials and all intellectual property rights inserted by the Company on such medium. Specific contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party, and all rights relating to such content will remain with such a third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks, and other intellectual property owned by any third party shall continue to vest with such party. You are not authorized to use the same without the consent of the respective third party.
2. Your use of our products, Website, Application, and Services is solely for Your personal and non-commercial use. Any use of the Application, Website, Services, or products or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Application, Website, products, and/or our Services shall be subjected to the following restrictions:

●     You may not decompile, reverse engineer, or disassemble the contents of the Application and/or our Website and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and/or our Website and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and/or and/or our Website and/or Services/products.

●     You will not (a) use this Application and our Website and any of our product/s or Service/s for commercial purposes of any kind, or (b) advertise or sell the Application or any products, services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Application and/or Website/our products and Services in any unlawful way, or harms the Company or any other person or entity as determined by the Company.

●     No User shall be permitted to perform any of the following prohibited activities while availing our Services:

1)     Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

2)    Stalking, intimidating and harassing another and inciting others to commit violence;

3)    Transmitting material that encourages anyone to commit a criminal offense, that results in civil liability or otherwise breaches any relevant laws, regulations, or code of practice;

4)    Interfering with any other person's use or enjoyment of the Application/Website/Services;

5)    Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;

6)    Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship unless You own or control the rights to that or have received all necessary consents for such use of the content;

7)    Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

8)    Post, transmit, or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files, or such other programs that may harm the Application/services, interests, or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;

9)    Access or use the Application/Website/Services/products in any manner that could damage, disable, overburden or impair any of the Application's/Website's servers or the networks connected to any of the servers on which the Application/Website is hosted;

10) Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable laws related to the access to or use of the Application/Website/Services/products, violate any requirements, procedures, policies, or regulations of networks connected to the Application/Website/Services/products, or engage in any activity prohibited by these Terms;

11) Disrupt or interfere with the security of, or otherwise cause harm to, the Application/Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers, or networks connected to or accessible through the Application/Website/Services/products or any affiliated or linked sites;

12) Interfere with, or inhibit any user from using and enjoying access to the Application/Website/ Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Application/Website/Services/products;

13) Use deep-links, page-scrape, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services/products, to access, acquire, copy or monitor any portion of the Application /Website/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/products;

14) Alter or modify any part of the Services;

15) Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or

16) Violate any of the terms specified under the Terms for the use of the Application /Website/Services/products.

3. By submitting content on or through the Services (your “Material”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate your Material with you, except as described below. You agree that others may use Your Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose your Material as per these Terms.

4. In preparing the Application/Website/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information contained in the Application. Any feedback from the User is most welcome to make the Application and contents error-free and user friendly. The company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee regarding the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on Application/Website/Services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

5. Our Website provides Users with access to compiled educational information and related sources. Such information is provided on an As-Is basis, and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website. We would not be responsible for any errors, which might appear in such information, which is compiled from third-party sources, or for any unavailability of such information. From time to time, the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Website (s). We have no responsibility for the content of the linked Website (s). You may not create a link to the Website from another website or document without the Company's prior written consent.

6. The contents of the Application/Services/products are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Application/Services/products is not endorsed as a substitution to the curriculum-based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. The Company acknowledges various means of delivering structured curriculum pedagogy, and inclusion of methods in the Application/Services/products does not imply endorsement of any particular method, nor does exclusion imply disapproval. Subscription to the Application or usage of our Services/Website/products does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.

7. Specific contents in the Application/Services/Website/products (particularly relating to assistance in preparations for administrative services) may contain opinions and views. The Company shall not be responsible for such opinions or any claims resulting from them. Further, the Company makes no warranties or representations regarding the quality, content, completeness, or adequacy of such information and data.

8. Some parts of the Services are interactive, and we encourage contributions by users, which may or may not be subject to editorial control before being posted. The Company accepts no responsibility or liability for any material communicated by third parties in this way. The Company reserves the right to remove, review, edit, or delete any content at its sole discretion. Similarly, We will not be responsible for any content uploaded by Users directly on the Website, irrespective of whether We have certified any answer uploaded by the User. We would not be liable to verify whether such questions/answers or contents placed by any User contain infringing materials or not.

9. The Company (including but not limited to its subsidiaries/affiliates) may be based on any form of access to the Application (including free download/trials) or Services or Website or registrations through any source whatsoever, contact the User through SMS, e-mail, and call, to give information about their offerings and products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail and holds the Company (including but not limited to its subsidiaries/affiliates) indemnified against any liabilities including financial penalties, damages, expenses in case the User's mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to Our employees, associates, subsidiaries, affiliates, and partners so that you may be contacted for education information, offerings, and promotions through telephone, SMS, e-mail, etc.

10. While the Company may based on the User's confirmation, facilitate the demonstration of its products at the location sought by the User, the User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the products and that User has relied solely on the investigations, examinations, and inspections as the User has chosen to make and that the Company has afforded the User the opportunity for complete investigations, examinations, and inspections.

11. Upon registration through any means whatsoever, the Company may contact You through the registered mobile number, e-mail, or any other mobile number or contact number or e-mail provided by You, including but not limited to SMS, Email, RCS, WhatsApp, and Voice, to enable effective provision of Services. The User expressly permits the Company to contact him/her and the student utilizing the Services through the above-mentioned means at any time post-registration. Further, the Company shall have the right to monitor the download and usage of the Application/Services/products and the contents thereof by the User/student, to analyze such usage and discuss the same with the User/student to enable effective and efficient usage of the Services. The User expressly permits the Company to clear the doubts of the student using the Application/Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student, and mentoring the student through telephone, e-mail, or any other forum, including but not limited to SMS, Email, RCS, WhatsApp, and Voice, on the express consent of the legal guardian/parent of the User.

12. While the Company has made efforts to train the personnel engaged in the sales and services relating to its products to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behavior of any such personnel. Any feedback from User relating to the same is most welcome and Company reserves the right and discretion to take any action in this regard.

13. Access to certain elements of the Services, including doubt clearance, mentoring services, etc., may be subject to separate terms, conditions, and fair usage policy. The Company reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Application/products or registrations do not automatically entitle the User to any and all elements of Services provided by the Company, and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion.

14. The Company's products and/or Services, including the Application and content, are compatible only with certain devices/tablets/instruments/hardware <. The Company shall not be obligated to provide workable products and/or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Company's products and ServicesThe company reserves the right to upgrade the table/ type of compatible devices as required from time to time.

15. The Company shall have no responsibility for any loss or damage caused to tablet or any other hardware and/or software and/or instrument, including loss of data or effect on the processing speed resulting from Your use of our products and Services.

16. For the return of product(s), all requests for the return of products have to be placed within 24 hours from the date of purchase. Please note that no refunds shall be claimed or will be entertained post 24 hours from the date of purchase.

17. In order to access the Services and to avail the use of the Application/products, You shall be required to register yourself with the Application/Services/products and maintain an account with the Application/Services/products. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address, residential address, grade/class of the student, school name, payment information (credit/debit card details) if required, and any other information deemed necessary by the Application. With respect to the provision of information, the following may be noted:-

●     It is Your sole responsibility to ensure that the account information provided by You is accurate, complete, and latest.

●     You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session and (b) immediately notify the Company of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password, or we may suspend Your account without any liability to the Company, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

●     You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability, and the Company cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to You for any damages arising from Your inability to log in to Your account and access the services of the Application at any time.

19.  Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all Our products or Services. Persons who are minors, un-discharged insolvents, etc., are not eligible to register for Our products or Services. As a minor, if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents, and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the Products or Services, You warrant that all the data provided by You is accurate and complete and that the student using the Application has obtained the consent of the parent/legal guardian (in case of minors). The Company reserves the right to terminate Your subscription and/or refuse to provide You with access to the products or services if it is discovered that the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on the Application.

20.  we can use your number to send any promotional message to you

21.  You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from (i) Your use of and access of the Application/Website/Services; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any third party righ