Terms And Conditions - IITIANGUIDE.com

 1. Acceptance of Terms

Welcome to IITIANGUIDE.com owned and operated by IITIANGUIDE. By clicking “I Agree” on the book now page/ payment page/ submission page or using the website in any way, you are agreeing to comply with and be bound by this submission page or agreement, the Privacy Policy and all rules, policies and disclaimers posted on this website or about which you are notified. Your agreement shown by accessing and using this website is legally binding. If you do not agree to all these terms and conditions, do not access this website.

People under the age of 18 may use this website and submit personal information to us only in conjunction with and under the supervision of their parents or guardians. The user of this website by a person under the age of 18 constitutes the agreement of the parent or guardian to these Terms and Conditions.

If you are an individual entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement. If you do not agree with each provision of this Agreement, or you are not authorized to enter into this Agreement, or you do not have the legal capacity to enter into this Agreement, you may not enter into the Agreement or use the Service.

By registering on IITIANGUIDE website or by obtaining consultancy services at IITIANGUIDE.com, you authorize  the company to use your name and photographs in advertisements and promotions to showcase you as a user of the services.

 

2. Definitions

In the Terms, “User,” “you” and “your” refer to the individual or entity that interacts with the services provided by the site IITIANGUIDE.com as a Customer and/or Mentor/Expert and/or tutor. “IITIANGUIDE.com”, “IITian Guide”, “we,” “us” and “our” refer to IITIANGUIDE. “Customer” refers to the person who applies for services provided by the website. “Mentor/Expert/Tutor” refers to the person who provides guidance on the website. They both are marginally different but both use website resources. “Moderator and / or Manager” refers to the person moderating user post’s and all transactions taking place.

 

3. Right To Modify Terms

When you visit IITIANGUIDE.com or send us e-mails, you are communicating with us thorough electronic media. You consent to receive communications from us electronically. We will communicate with you by e-mails or chats or pop-ups, by posting notices anywhere on website IITIANGUIDE.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with your current and active email address.

If you do not accept the changes, your sole and exclusive remedy is to discontinue using the website. IITIANGUIDE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or prices with or without notice. You agree that IITianguide shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

We may change these terms and conditions, and you are responsible for regularly reviewing and complying with them. Your continued use of this website constitutes your agreement to all those terms and conditions.

 

4. Description Of Service

The Service consists of the provision by IITian Guide to you of access to the IITIANGUIDE website, which provides tools to you that will enable you to view online content (in the form of text, images, video, flash), take online tests, discussion forms, free demos, exams solutions, past year papers connect with other members and online tutoring services for sale via, and purchase goods and services offered by parties other than IITIANGUIDE (“Third Parties”) in, an online marketplace. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the terms and conditions of this Agreement. The Service may not be used for any purpose not expressly permitted by this Agreement. You may not reproduce, copy, duplicate, sell or resell any part of the Service.

The IITIANGUIDE website is a venue for informational and educational purposes to allow Customers/ Students to study and ask questions and Experts to answer them. The study material on site is not a direct property of IITIANGUIDE.com but an indirect online resource resulting from common user participation building up the website. The content study material under any page of site may or may not reflect a similarity from any other recourse as it is a user portal.

Notwithstanding the foregoing, IITIANGUIDE reserves the right, but is not obligated, to refuse to post or to remove any content. Any particular post (though closely moderated) falling under human rights violation, treated as insecure content, porn content, abusive, illegal, unauthorized, emotional, sensitive, communal, hatred, defaming someone will be treated as an instance of happening and will be removed on immediate request without any information to the troll /user/expert.

 

5. Content And License

All content on the website and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, sound and other files, and their selection and arrangement (the “website Content”), is the property of IITian Guide, its users or its licensors, with all rights reserved. No website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without IITian Guide’s prior written permission, except that (i) the foregoing does not apply to your own User Content (as defined below) that you legally post on the website, and (ii) any website Content provided by Third Parties for sale or license through the website (“Third Party Content”) is subject to the terms and conditions established by those Third Parties from time to time, as described on the website (“Third Party License Terms”).

Provided that you are eligible for use of the website, you are granted, solely for your personal, non-commercial use, a limited license to access and use, and to download or print a copy of, any portion of the website Content, other than Third Party Content, to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods.

Your rights to use Third Party Content are as described in the applicable Third Party License Terms. Any use of the website or the website content other than as specifically authorized herein, without the prior written permission of IITian Guide the applicable Third Party, as the case may be, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

 

6. Trademarks

IITIANGUIDE graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of IITIANGUIDE. Trademarks and trade dress used by Third Parties in association with the sale or license of their goods or services on the website are the property of the respective owner. Such trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the respective owner.

 

7. You Agree That You Will Not:

• Harm others in any way in your use of the Service.
• Impersonate any person or entity, including, but not limited to, an IITIANGUIDE official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
• Intentionally or unintentionally violate any applicable local, state, national or international law.
•  “Stalk” or otherwise harass another.
• Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
• Offer for sale, sell or otherwise make available through the Service any User Content
  • That violates any federal, provincial, foreign or local law or regulation
  • For which you do not have full power and authority to distribute, including all necessary licenses and authorizations, or 
  • That IITIANGUIDE determines, in its sole discretion, is inappropriate for distribution through the Service; or 
• Exceed the scope of the Service that you have signed up for; by, for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing the comments or content of other persons.
• You understand that by using the Service, you may be exposed to website Content that you consider being offensive, indecent or objectionable. You acknowledge that IITIANGUIDE does not pre-screen User Content. You agree that you must evaluate, and bear all risks associated with, the use of any website Content, including any reliance on the accuracy, completeness, or usefulness of website Content.

 

8. License By You Of Content

By posting Third Party Content to the website, you automatically grant, and you represent and warrant that you have the right to grant, to IITIANGUIDE perpetual, non-exclusive, transferable, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such Third Party Content on the website to the extent necessary to promote such Third Party Content and support your licensing and distribution of it through the website.

By posting User Content other than Third Party Content to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to IITianguide an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licenses of the foregoing.

You may remove your User Content from the website at any time, except for comments you post on the website and reviews you post on the website of website Content. If you need assistance, please contact us at help@iitianguide.com. If you choose to remove User Content, the license granted by you to IITIANGUIDE in this Section will automatically expire with respect to the removed User Content, provided that IITIANGUIDE may retain a copy of your removed User Content for archival purposes only, and the license granted by you to IITIANGUIDE with respect to any User Content that remains on the website will continue in perpetuity.

 

9. Complaints

IITIANGUIDE respects the intellectual property and other rights of others and these Terms of Use prohibit users from uploading, posting or otherwise transmitting on the website or through the Service any materials that violate another party’s intellectual property and other rights. IITIANGUIDE is not responsible for the conduct of its users, and has no responsibility or liability for User Content. When we receive properly documented complaints about User Content such complaints are forwarded to the applicable user for the user’s action. IITIANGUIDE is not responsible for any user’s action or inaction as a result of any such notification. If you believe that any material on the website infringes upon your intellectual property or other rights you may notify us at care@iitianguide.com.

 

10. Services

IITIANGUIDE may from time to time offer goods and services through the website and may offer you or other Third Parties the ability to offer goods and services for sale to Third Parties through the website. All transactions conducted in connection with this aspect of the Service are subject to and governed by such guidelines as IITIANGUIDE posts from time to time (the “Guidelines”) as well as this Agreement. The Guidelines are subject to change without prior notice at any time, in IITIANGUIDE sole discretion, so you should review the Guidelines each time you use this aspect of the Service.

You are solely responsible for your interactions with other users of the Service. Parties to transactions with Third Parties (a “Third Party Transaction”) are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into with Third Parties through the Service. You acknowledge that IITianguide, and its subsidiaries, affiliates, officers, directors, shareholders, agents, licensors, suppliers, co-branders or other partners, employees, successors and assigns (the “IITIANGUIDE Parties”) are not responsible or liable for any action or inaction of any Third Party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of a Third Party Transaction. The capability to conduct Third Party Transactions or otherwise deal with Third Parties through the Service is provided by IITian Guide “as is” and any such transactions and dealings are at your own risk. You agree that you are solely responsible for establishing Third Party License Terms for any Third Party Content provided by you to the website, and that IITIANGUIDE has no responsibility or liability for any breach by Third Parties of such Third Party License Terms, and that you are solely responsible therefore.

At IITIANGUIDE 2-Year Programs, 1-Year Programs and Crash Courses are complete courses for which there is no break-up of fees for particular parts of the syllabus in Group Coaching Services. Anyone purchasing the services is bound to follow the payment structure provided. If they fail to do so, IITIANGUIDE has the right to stop providing the services and products immediately.

Any fees or payments collected by IITIANGUIDE applicable to any such transactions are set forth on the website, and all terms and conditions applicable to such fees are set forth in this Agreement. However, please note that your purchases of products or services from Third Parties through the Service are subject to the terms of sale of those Third Parties, as those transactions are strictly between you and the other party to the transaction.

 

11. Fees, Terms And Termination, Refund Policy

IITIANGUIDE may from time to time charge fees for the use of the Service. Our fees, if any, are available on the website. Unless otherwise stated, all of our fees are quoted in INR and US dollars. You are responsible for paying all fees associated with the use of the Service through your account, and for all applicable taxes.

The purchase are entities selected by you, any modification and wrong purchase are your sole responsibility. 

In addition, users may also charge fees for courses and tutor offerings, including Third Party Content that they provide through the Service. IITIANGUIDE is not involved in any transaction between you and such Third Parties, and as a result we have no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of any descriptions, or the ability of sellers to sell or buyers to pay.

• This Agreement commences when created and continues until terminated by either IITIANGUIDE or you. IITian Guide reserves the right to refuse access to the Service to any person at any time for any reason, or for no reason. Termination of this Agreement does not terminate any agreement you enter into with a Third Party through the website.
• If the you think the call has violated our Terms of Service and would like a refund, you can initiate a complaint within 48 hours after the call. We will then – and only then – review the recording of the call. Note, if the call is not violating the terms, the recording is automatically deleted after 48 hours, and would never get reviewed. If Terms of Service have been violated, we will refund charges/fees to you.
• Cancellations will be effective within 7 business days. Any fees accrued as of the effective date of termination will be payable according to the Terms. You can initiate a refund back request via electronic media (e-mails) with a copy of valid ID proof / National ID / Recent IITIANGUIDE transaction receipt. We may follow a number of steps to confirm your identity. You are requested to provide most reliable and appropriate documents in the first notification. The Requestor will be entertained thrice for incomplete documents and subsequent request will half the original amount to be refunded, provided the identity documents sustains the request. However, for all refund(s), 10% of the total fees would be deducted against Handling Charges while calculating the refund(s). The mode of refund will be through an online banking transaction into the Requestor’s bank account (the details of which will be procured through mail) or through a UPI transaction into the Requestor’s bank account. 
• IITIANGUIDE aims satisfaction to end user. If you do not accept an answer and are not satisfied with your experience on iitianguide.com for any reason, then as your sole remedy you may request a refund within 48 hours since you paid to ask your question on IITIANGUIDE here at care@iitianguide.com. Please make sure you have viewed the most up-to-date responses to your queries before requesting a refund. If you do not request a refund within 48 hours of your receiving consultancy, solutions, online classes, books, daily practice papers etc., IITIANGUIDE is not required to provide you a refund for any reason and shall be entitled to retain the full amount of your payment as compensation for providing the website access benefits related to your consultation, solutions, online classes, books, daily practice papers. IITIANGUIDE maintains the right to initiate special incentive, pricing, membership, and other programs. These may be limited, at IITIANGUIDE sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into customer accounts by IITIANGUIDE for use  on the website remain the property of IITIANGUIDE (they never become the property of Users and never become refundable to the User), and unless otherwise stated on the website or in an email to a User, will be usable only for thirty (30) days.
• Stepping up from a Lit Package to a Premium or a Super Premium Package is possible. However, stepping down from a Premium Package to a Lite Package or from a Super Premium Package to a Premium or Lite Package is not possible. To be sure which package to choose, please contact the customer support personnel and ask as many questions as you can before purchase. You also have an option to purchase the trial plan for a particular package before opting for the complete package. In any such case of discrepancy, IITIANGUIDE holds complete authority to revoke student access to resources or services provided by IITIANGUIDE at any point in time.
• IITIANGUIDE may terminate this Agreement, delete your profile and any website content or information that you have posted on the website or and/or prohibit you from using or accessing the Service or the website (or any portion, aspect or feature of the Service or the website) for any reason, or no reason, at any time in its sole discretion, with or without notice.

   

12. IITIANGUIDE Privacy Policy

Registration data and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this Agreement by reference. You represent and warrant to IITIANGUIDE that you have obtained all required consents with respect to any personal information (of any person) provided by you to IITIANGUIDE, and that IITIANGUIDE may use such personal information for the purposes of operating the Service.

 

13. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because IITian Guide has no control over such sites and resources, you acknowledge and agree that IITian Guide is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IITian Guide shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

14. Indemnity And Release

You agree to indemnify and hold harmless the IITian Guide Parties from any liability, cost, expense, loss, claim or demand, (collectively, “Losses”) including reasonable lawyers’ fees, made by any third party due to or arising out of your User Content, your use of the Service, your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party in connection with the website or the Service.

You agree to release the IITian Guide Parties from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more of our users or any Third Party providing goods and services through the Service.

 

15. Disclaimers

• IITIANGUIDE is not responsible or liable in any manner for any User Content posted on the website or in connection with the Service, whether posted or caused by users of the website, by IITIANGUIDE, by third parties or by any of the equipment or programming associated with or utilized in the website or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users do, post, transmit or share on the website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the website or in connection with any User Content. IITIANGUIDE is not responsible for the conduct, whether online or offline, of any user of the website or Service. The website and the Service may be temporarily unavailable from time to time for maintenance or other reasons.
• IITIANGUIDE assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. IITIANGUIDE is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service.
• Under no circumstances will IITIANGUIDE be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the website or the Service, any User Content posted on or through the website, or any interactions between users of the website, whether online or offline. You post User Content, including Third Party Content, on the website at your own risk.
• Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. IITIANGUIDE expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or of availability or results. IITIANGUIDE does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service or any software will be corrected.
• Any website Content downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• No advice or information, whether oral or written, obtained through or from the Service shall create any warranty not expressly stated in the Agreement.
• IITIANGUIDE reserves the right to change any and all website Content, software and other items used or contained in the website and any Services offered through the website at any time without notice.
• Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by IITIANGUIDE.

 

16. Limitation of Liability

In no event will the IITIANGUIDE Parties be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, aggravated, exemplary or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, and whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise, arising from your use of the website or the Service, or any of the website Content or other materials on, accessed through or downloaded from the website or the Service, even if the IITIANGUIDE Parties are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the IITIANGUIDE Parties’ maximum aggregate liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to IITIANGUIDE for the Service during the term of your membership, but in no case will such liability to you exceed $ 50. You acknowledge that if no fees are paid to IITIANGUIDE for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the IITIANGUIDE Parties, regardless of the cause of action.

 

17. General

You acknowledge that IITian Guide may establish general practices and additional limits concerning use of the Service. Notices to you may be made via either email or website posting. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on the Service. IITian Guide respects the intellectual property rights of others you must do the same. You and IITian Guide are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. The Agreement and the relationship between you and IITian Guide shall be governed by and construed and interpreted in accordance with the laws of the India – Delhi, without regard to its conflicts of law provisions.

You agree to submit to the personal and exclusive jurisdiction of the courts located within India- Delhi. The failure of IITian Guide to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The Agreement, including the Privacy Policy, the information provided to you and by you during the sign-up process and during the upgrade/downgrade of your account, and any other documents that are incorporated into this Agreement by reference, constitutes the entire agreement between you and IITian Guide and governs your use of the Service, superseding any prior agreements between you and IITian Guide (including, but not limited to, any prior versions of the Agreement). You also may be subject to additional terms and conditions that may apply when you use other IITian Guide services, or third-party content, software or services offered through the Service. If any provision of the Agreement or incorporated documents is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within 6 months after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect. 

IITian Guide shall not be responsible to you as a result of any delay or default in carrying out its obligations hereunder which is due in whole or in part to an event beyond of the control of IITian Guide.

The parties acknowledge having consented that the present agreement and all documents, notices and judicial proceedings entered into, given or instituted pursuant hereto, or relating directly or indirectly pursuant hereto, be in the English language.

 

18. Choice of Law and Forum

Choice of Law and Forum Choice of Law – The Terms shall be governed by and construed in accordance with the laws of the India – Delhi, without regard to its conflicts of law provisions.

Disputes; Dispute Resolution –  All disputes, claims and controversies, of any sort or nature, between us, arising out of the use of the website (“Dispute”), shall be resolved solely pursuant to the following procedure: (1) Notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the User’s email address on file with IITIANGUIDE, or in either case (b) IITIANGUIDE Head Office: IITIANGUIDE, House No. 56, Sector 24, Rohini, Delhi – 110085, India or care@iitianguide, whichever is applicable (“Dispute Notification”); (2) Allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute.

 

19. No Class Claims; Waiver

The parties expressly agree that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of website users or otherwise asserting claims on behalf of a class (“Waiver”). In the event this Waiver is found to be unenforceable. Dispute resolution process shall be voided in its entirety, and the parties may file a complaint in the courts located in Delhi – India, Haryana – India courts and agree to waive any and all jurisdictional, venue or inconvenient forum objections.

 

20. Conclusive Agreement

The Terms constitute the complete and exclusive statement of the Agreement between you and us. You agree that IITian Guide may assign the Terms to any other entity of its choosing, with or without notice to you. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms.