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Terms & Conditions

Introduction

“TheOPGupta” (https://theopgupta.com) is an online portal for imparting Maths education in relation to preparation for board exams and entrance exams for engineering in India.

Welcome to the THEOPGUPTA’s Terms and Conditions, are between THEOPGUPTA (Hereinafter referred to as “THEOPGUPTA” or “Platform” or “Us”) and You (Hereinafter referred to as “You” or “Your” or “User (s)”). By accessing our Website (https://theopgupta.com/), you agree to be bound by the provision of these Terms and Conditions. Please read these Terms and Conditions, along with the Privacy Policy and all other rules and policies made available or published on the THEOPGUPTA as they shall govern your use of the THEOPGUPTA platform. By using or visiting THEOPGUPTA.COM, data feeds, and service provided to you on, from, or through the THEOPGUPTA Platform, you signify your agreement to (1) these “Terms and Conditions”, (2) THEOPGUPTA’s Privacy Policy and any other terms that are updated from time to time. If you do not agree to any of these terms, please do not use the THEOPGUPTA Platform. INTRODUCTION By using or accessing the THEOPGUPTA Platform (Website) in any way, including registering on Platform, using, viewing, sharing, embedding and/or downloading any services, you agree to be bound by the THEOPGUPTA Policies, including but not limited to the THEOPGUPTA Privacy Policy and THEOPGUPTA Copyright Policy. IF YOU DO NOT UNDERSTAND ANY OF THE TERMS OF USE OR DO NOT AGREE WITH/ACCEPT ANY PART THEREOF, YOU SHOULD IMMEDIATELY DISCONTINUE THE USING OR ACCESSING THE PLATFORM. YOUR USE AND/OR CONTINUED USE OF PLATFORM, AS CASE MAY BE, AMOUNTS TO EXPRESS CONSENT BY YOU TO THIS TERMS OF USE AS WELL AS OTHER THEOPGUPTA POLICIES. DISCLAIMER We do not represent or guarantee that this THEOPGUPTA Platform will be free from errors. You acknowledge that this Website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical problems with the Internet or infrastructure failures. We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Platform, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Platform. YOUR ACCOUNTS In order to access some of the features of the THEOPGUPTA Platform, you may have to create your account with Us. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate, complete and Up-to-date. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify THEOPGUPTA immediately of any breach of security or unauthorized use of your account. At no point in time will THEOPGUPTA will/shall be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to THEOPGUPTA or others due to such unauthorized use, if any. THEOPGUPTA strictly takes no responsibility for any User Content that is uploaded on the THEOPGUPTA Platform, and further, the User will/shall be solely responsible for his or her own actions in utilizing such User Content and availing the THEOPGUPTA Platform provided herein. ELIGIBILITY By agreeing to these Terms of Use, you represent that you are legally competent to enter into an agreement and provide consent to these Terms of Use. You further represent that 1. You are of sound mind.
2. You are not prohibited from entering into a legally binding contract as per applicable laws.
3. In case the Platform is being accessed, and the Services are being availed for the benefit of a minor, you expressly confirm that you are legally competent to provide consent on behalf of such a minor and that the minor’s use of the Platform and/or the Services shall be subject to the Terms of Use. DIGITAL CONTENT All literary works on the Service (each, “Digital Content”) are the exclusive property of the THEOPGUPTA Platform or its licensors and are protected by copyright and other intellectual property laws. The download of, and access to any Digital Content is available only to Customers and is intended only for such Customers’ personal and non-commercial use. Any other use of Digital Content downloaded or accessed from the Service is strictly prohibited. Customers may or should not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of any Digital Content, in whole or in part. By downloading or otherwise accessing Digital Content from the Service, the Customer hereby acknowledges and agrees to these terms. THEOPGUPTA PDF E-BOOKS SUBSCRIPTION (TERMS & CONDITIONS) Your use of the THEOPGUPTA subscription service is subject to the rules of the service set out herein, which THEOPGUPTA may vary from time to time on its website. Your continued use of the THEOPGUPTA subscription service constitutes acceptance of the rules. THEOPGUPTA subscribers may read their choice of PDF e-Books from a selected set of Digital Content for a monthly fee. The Digital Content available to subscribers will vary and THEOPGUPTA makes no guarantees of any kind about the availability of such Digital Content. TRIAL SUBSCRIPTIONS If you purchase THEOPGUPTA’ subscription that includes a free trial, you will receive access to the THEOPGUPTA’ Digital Content for the duration of the free trial period. At the end of your free trial period you will be asked to purchase the content as per the as per the Terms and Conditions of THEOPGUPTA Platform. SUBSCRIPTION AND ELIGIBILITY THEOPGUPTA Subscription (the "Subscription Service") is a personalized Subscription that offers, recommends and helps you to discover digital educational content created by THEOPGUPTA experts (collectively, "Educational Content") in the category of your interest. You can access the Subscription and Educational Content, through the THEOPGUPTA website by subscribing to any category of your choice from the available subscription plans (“Subscription”). The Subscription will allow you access to all the courses and Subject that are on-going during your Subscription Period. (If you are under 18 years of age, you may use the Subscription only with involvement of a parent or guardian. We personalize content and feature them as part of the Subscriptions, including showing you recommendations on Educational Content in the subscribed category, features and other related categories that might be of interest to you. We also endeavor to continuously improve the Subscriptions and subscription plans to improve your subscription experience.) COMPATIBLE DEVICES In order to access the PDF e-Books or to download the Educational Content in the device (mobile or computer), you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements (a "Compatible Device"). The Compatible Devices may change from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future. Thus, kindly make sure that the device that you use is compatible with our system/software to avail the Subscription Service. DOWNLOADING You shall have option to do Website download and the downloaded Educational Content can be viewed by you during the Subscription Period in your compatible devices. After downloading the Educational Content, you shall have access to the same for the Subscription Period only and all access to the downloaded content shall be removed on expiry or termination of your Subscription, as the case maybe. SUBSCRIPTION & PAYMENT. You can subscribe to the category of your choice by clicking the Subscribe option and making the required payment for the subscription plan of your choice. MEMBERSHIP CANCELLATION You may cancel your membership by using the “Cancel my subscription” button on the THEOPGUPTA. Except as otherwise set out in these Terms of Use, and THEOPGUPTA’s Terms of Sale, if you cancel your membership, you will not receive any refund of any membership fees already paid. When your membership is cancelled, the Digital Content associated with your subscription account will be removed from your devices. WEBSITE DOWNLOADING You are granted license only for website download of the Educational Content in the mobile or on such Compatible Device so permitted. Screen-casting or downloading on any other device or in any manner is not permitted herein shall amount to immediate termination of Subscription along with termination of access to all downloaded Educational Content with a right to initiate appropriate legal action, at the sole discretion of THEOPGUPTA Platform. MODIFICATION, AMENDMENT OR TERMINATION THEOPGUPTA may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the THEOPGUPTA Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. LIMITATION OF LIABILITY To the fullest extent permitted by law, in no event shall THEOPGUPTA, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any: (I) Errors, mistakes, or inaccuracies of user content or any other content available at THEOPGUPTA Platform, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our THEOPGUPTA Platforms, (III) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the THEOPGUPTA Platform, (IV) Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our THEOPGUPTA Platforms by any third party, and/or (V) Any errors or omissions in any user content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the THEOPGUPTA Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not THEOPGUPTA is advised of the possibility of such damages. We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, THEOPGUPTA limits its liability for any claims under those warranties or conditions to either supplying you the THEOPGUPTA Platforms again. You specifically acknowledge that THEOPGUPTA shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The THEOPGUPTA Platform is controlled and offered by THEOPGUPTA from its facilities in India. THEOPGUPTA makes no representations that the THEOPGUPTA Platform is appropriate or available for use in other locations. Those who access or use the THEOPGUPTA Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law. INTELLECTUAL PROPERTY The Services, including but not limited to digital content on the website i.e. text, graphics, user interface, images, video interface and software as well as their selection and arrangement, may belong to THEOPGUPTA or to its partners who have granted THEOPGUPTA the right to use their content and are protected to the fullest extent possible by applicable laws related to copyrights, trademarks, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights" ). Any unauthorized use of the Services may violate such laws and the Terms of Use. THEOPGUPTA reserves all its legal rights to prohibit, stop or contain any such violations. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Platform and Services or any parts thereof or the selection and arrangement of the Platform and Services, except as expressly authorized herein. THEOPGUPTA grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within this Platform, solely on your computer or any other electronic viewing device for your personal, non-commercial use of this Platform. This permission is conditional on the basis that you shall not modify, alter or illegally use the content displayed on this Platform and shall keep intact and comply with all copyright, trademark, and other proprietary notices of the Platform, if any. The rights granted to you constitute a license and not a transfer of title in any manner. INDEMNITY To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless THEOPGUPTA, its parent corporation, 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 to the THEOPGUPTA Platform; (II) Your violation of any term of these Terms and Conditions; (III) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (IV) Any claim that your User Content caused damage to a third party; or (V) Violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the THEOPGUPTA Platform. GOVERNING LAW AND JURISDICTION The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in New Delhi, New Delhi, India. CONFIDENTIALITY You will not without obtaining prior written consent of THEOPGUPTA, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the THEOPGUPTA Platform. For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to THEOPGUPTA Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of THEOPGUPTA and any breach of the same shall cause irreparable damage to us. RESTRICTIONS AND TERMINATION OF USE THEOPGUPTA may block, restrict, disable, suspend or terminate your access to all or part of the free services offered on the platform, at any time in THEOPGUPTA’ sole discretion, without any prior notice to you. Specifically in case of prolonged inactivity THEOPGUPTA reserves the right to disable, deactivate, or terminate a user’s account. If an account has been disable or deactivated for inactivity, the username associated with that account may be given to another without any prior notice to you or such, other party. If you violate any of the Terms of Use, THEOPGUPTA may at its sole discretion, Block, Restrict, Disable, Suspend or Terminate the paid services offered on the Platform. AMENDMENTS TO THE TERMS AND CONDITIONS THEOPGUPTA may amend the Terms of Use and other THEOPGUPTA Policies published on the Platform from time to time at its sole discretion. Your continued access or use of the Platform and the Services constitutes your acceptance of the amendments. Your access and use of the Platform and Services will be subject to the most current version of the Terms of Use, Privacy Policy and Copyright Policy posted on the Platform at the time of such use. Please regularly check the Platform to view the latest version of THEOPGUPTA Policies. CANCELLATIONS Please note that the cancellation will not become effective once your order has been placed and/or anytime until/after the delivery of the product at your doorstep, and there shall be no refund of the payment that has been already made for the same order unless otherwise specified in the return policy. REFUND Please read the Terms & Conditions very carefully before placing an order of any product (Physical Printed Books), as once you have placed the order, you cannot change, or cancel your order. Once you have placed your order and made your payment, it shall be final and there cannot be any change(s) or modification(s) to the same and neither will be any refund. OTHER LAWS Certain laws require maintaining data with respect to the THEOPGUPTA Platform and other personal information in a prescribed format and THEOPGUPTA will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.