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Terms & Conditions

 

Welcome to www.progatecoaching.com (“Website”), the official website of ProGATE Coaching by IIT/IISc GATE Toppers “ProGATE Coaching”). This Website is owned and operated by ProCapita Learning (‘we’ or ‘us’). Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”) since the Terms constitute a binding contract between you and us. By entering into this Website, subscribing to or using any of our services, you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. If you want to ask us anything about these Terms or have any comments or complaints on or about our Website, please email us at [email protected] or call us on 09167 97 4283

The Terms are effective upon acceptance and govern the relationship between you and us including the services offered by us and the sale and supply of any products and services (“Products”) on our Website. In the event the Terms conflict with any other document / policy / content on our Website, the Terms will prevail over them, for the purposes of usage of the Website.

The terms & conditions set out in this Website may be altered / amended from time to time depending on the policies of ProCapita Learning and the prevailing market conditions. ProCapita Learning requests you to read and understand them as often as possible as it may not be possible for ProCapita Learning to intimate you on every change that occurs in these terms & conditions.

Accuracy of content

We have taken every care in the preparation of the content of this Website. We disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.

Eligibility to Use

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to transact on our Website, such transaction on the Website shall be made by your legal guardian or parents. ProCapita Learning reserves the right to terminate your subscription and / or refuse to provide you with access to the Website, if it is discovered that you are under the age of 18 years.

You may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on part of the user and attract actions against such user in accordance with the terms of clause relating to Fraudulent Transactions (below). If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party. ProCapita Learning owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to ProCapita Learning or payments made by your credit card by any third party. Unless otherwise specified, the materials on this Website are directed solely at those who access this web from India. We make no representation that any products or services referred to in the materials on this web are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.

Modification of Terms & Conditions of Service

We may at any time modify the Terms of our Website without any prior notification to you. You can access the latest version of the Terms at any given time on our Website. You agree to regularly review the Terms on our Website. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms of this Website.

Governing Law and Jurisdiction

These Terms shall be construed in accord with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of these Terms.

In the event of any dispute or difference either in interpretation or otherwise, of any terms of these Terms of Use, the same shall be referred to an independent arbitrator who will be appointed by ProCapita Learning and such Arbitrator’s decision shall be final and binding on you. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended time to time. The arbitration shall be conducted in English language and shall be held in Mumbai.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on or by our Website, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments of use of comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to our Website shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity. You further agree that no Comments submitted by you to our Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, bugs, worms, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

We reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to our Website. You grant us the right to use the name that you submit in connection with any Comments. You undertake not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments that you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Ownership of Rights

All rights, including copyright, in this Website and any other intellectual property rights in our Products are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any content available on or through our Website for commercial or public purposes. You may not modify, distribute or re-post something on this Website for any purpose.

The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of ProCapita Learning protected by copyright as a collective work under the applicable copyright laws. ProCapita Learning owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as copyright or license to use in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of ProCapita Learning is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on our Website or a website otherwise owned or operated in conjunction with ProCapita Learning shall not be deemed to be in the public domain but rather the exclusive property of ProCapita Learning, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of ProCapita Learning, unless otherwise stated.

ProCapita Learning does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, you warrant that the owner of such material has expressly granted ProCapita Learning the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user’s personal use. You hereby grant ProCapita Learning, the right to edit, copy, publish and distribute any material made available on the Website by you.

If you come across any abuse or violation of these Terms, please report to [email protected]

Indemnity

You agree to defend, indemnify and hold us and our employees, directors, officers, agents and their successors and assigns, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of or relating to claims based upon your actions or inactions, which may result in any loss or liability to us or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms.

Termination And Survival of the Terms after the Term ends

ProCapita Learning may terminate these Terms at any time. Without limiting the foregoing, ProCapita Learning shall have the right to immediately terminate any your password or account or block your IP address, in the event of any conduct by you, which ProCapita Learning, in its sole discretion, considers to be unacceptable, or in breach of these Terms.

You may terminate these Terms at any time, provided that you discontinue any further use of our Website.

Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party including our right to any Comments will survive the expiration or termination of these Terms.

Limitation of Liability and Disclaimers

The Website is provided without any warranties or guarantees and in an “as is” condition. You must bear the risks associated with the use of the Website.

We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer does not apply to any product warranty offered by us as specified in the product specifications. This disclaimer constitutes an essential part of these Terms. To the fullest extent permitted under applicable law, we or our partners shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or these Terms. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of these Terms, be it in tort or contract or any other legal theory is limited to the value of the Product ordered by you. We, our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, relevance and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted and/or free of harmful components or that any of the Products or services of the contents of the Website, including your content or the third party content, will be secure or not otherwise lost or damaged. Except to the extent prohibited by law, we and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of usage of the Website. Consequently, ProCapita Learning assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ProCapita Learning will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website.

Entire Terms

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms and the Website policies constitute the entire agreement between you and ProCapita Learning with respect to our sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website. In addition to these Terms, you will also be required to be bound by any additional terms and conditions that may be made applicable to you by ProCapita Learning, from time to time, in relation to the Products and services offered by us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

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