TERMS AND CONDITIONS
The domain name www.ClatPrepindia.com (hereinafter referred to as “Website” or
“Site”) is owned by Career Pathmakers Private Limited, a company incorporated under
Companies Act 2013 with its registered office A6/7, 2nd & 3rd Floor, Patni Chambers,
Lalkothi Shopping Centre, Jaipur-302015 (hereinafter referred to as “ClatPrep”).
For the purpose of these Terms and Conditions, wherever the context so requires “You”,
“Yourself”, “Client” or “User” or “Student” or similar terminology are all in use in
reference to the individual user of this Website. The terms “We”, “Us”, “Our”, “Ours”,
“Company” shall refer to ClatPrep.
ClatPrep provides its services to you subject to the notices, terms, and conditions
set forth in this agreement (hereinafter referred to as the “Terms”). In addition,
when You use any Website service, You will be subject to the rules, guidelines,
policies, terms, conditions and documents applicable to such service, and they are
incorporated into these Terms by this reference.
By mere Use of the Website, You shall be contracting with ClatPrep and these Terms
including the Policies represent a binding contract between You and the Company.
Therefore, You should read these Terms carefully before You start to use the
Services. We retain the right to deny access to anyone who We believe has violated
any of these Terms.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR
AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS AND
CONDITIONS, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE
PROCEEDING.
1. DEFINITIONS
“Policies” means Privacy Policy, Refund Policy and any other policy that shall be
published by ClatPrep.
“Addendum Document” means any additional document provided by ClatPrep to its
user that forms part of this Agreement in the opinion of ClatPrep. It shall include
the addendum document provided by ClatPrep through e-mails, messages or any
other form of communication.
“Agreement” means the Terms and Conditions as detailed herein, Policies, and
includes any Addendum Document. Any amendment or changes to Terms and
Conditions, and Policies forms part of this Agreement.
“Terms” means the Terms and Conditions and Policies including but not limited to
Privacy Policy herein.
“Use of the Website” or “Use” includes but is not limited to browsing or downloading
through the Website, sharing content over the Website, or any requirement for
availing the services including but not limited to purchasing any course, course
material, test series from the Website and registering on the Website or creation of
an account.
“Product” or “Course” includes but is not limited to course, course material, testseries, or any other products or services offered by ClatPrep.
2. AMENDMENT TO THESE TERMS
We reserve the unilateral right to revise these Terms from time to time and at any
time without providing any intimation to you and in our sole discretion. We will post
the new version of these Terms or any Policies on this Website and any change or
modification to these Terms shall be effective immediately from the date of such
upload of the revised Terms on the Website. Your continued use of the Website
following the modifications to the Terms and policies constitutes your acceptance of
the modified terms and conditions whether or not You have read them and shall be
binding on You. For this reason, you are advised to frequently review these Terms,
and other policies.
3. CHANGES TO WEBSITE
In order to optimize and improve User experience, we may update the Site from
time to time, and may change the format, design, display, content at any time
without any prior notice or intimation to You.
4. ELIGIBILITY
You must be eighteen (18) years of age or older and capable of entering into a
legally binding agreement (as per the Indian Contract Act, 1872) in order to use the
Site. If You are under eighteen (18) years of age, You may use this website only
with the involvement of a parent or guardian. Hence, it is assumed that Your parent
or guardian is contracting with ClatPrep and these terms including policies, and there
is a contract between Your parent (or legal guardian) and Us if You are under
eighteen (18) years of age and using the website.
5. Registration and Information
a. In order to avail Our services, you are required to sign up by creating an
account. You agree that We can use Your name and photograph, among other
things as mentioned in these Terms and Privacy Policy, in any of promotional
communication such as newspapers, ads, leaflets, TV, commercial, radio
jingles, etc. The account information will not be used for any other purposes
except with Your prior consent. You must read, agree with and accept all the
Terms contained in this Agreement of which Privacy Policy is a part. You shall
be solely responsible for maintaining the confidentiality of your account,
password, and restricting access to Your computer and You hereby accept
responsibility for all activities that occur under Your account and password.
b. During the registration process or creation of an account on the Website, you
are also required to submit your personal information, information that
includes but is not limited to your first and last name, title, gender, age, birth
date, phone number, e-mail address, residential postal address and other
information. You agree that the information provided by You upon registration and at all times thereafter will be true, accurate, current, and complete. You
agree to maintain and update this information to keep it true, accurate and
complete at all times while using Website and availing the services. You also
acknowledge that the information you provide, in any manner whatsoever, is
not confidential or proprietary and does not infringe any rights of a third party
in whatsoever nature. You agree that if You provide any information that is
untrue, inaccurate, not current or incomplete or We have reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, or not in accordance with this Terms, We shall have the right to
indefinitely suspend or terminate or block access of your membership on the
Website and refuse to provide You with access to the Website.
c. If You are accessing, browsing, and using the Website or availing the services
on someone else’s behalf, you represent that You have the authority to bind
that person to all the Terms under this Agreement. In the event that the
person refuses to be bound as the principal to these Terms, You agree to
accept liability for any harm cause by any wrongful use of the Website
resulting from such access or use of the Website in whatsoever nature.
d. If you know or have reason to believe that the security of your account has
been breached, you should contact us immediately at the ‘Contact
Information’ provided on the Website. If we have found a breach or suspected
breach of the security of your account, we may require you to change your
password, temporarily or permanently block or suspend your account without
any liability to ClatPrep.
e. Prohibited Uses. You shall not use the Website for any illegal, unlawful,
unauthorized, or prohibited purposes (“Prohibited Uses”) nor may you, in the
use of the Website, violate any laws in your jurisdiction (including but not
limited to copyright or trademark laws). You will comply with all applicable
laws, rules and regulations in your use of the Website. In the event you use
Website for any Prohibited Uses, we reserve the right to immediately and
without notice, suspend/delete your account and ban you from accessing
Website in future.
f. When you use the Website or send emails or other data, information or
communication to us, you agree and understand that you are communicating
with us through electronic records and you consent to receive communications
via electronic records from us as and when required. We shall have the right
to communicate with you by email or by such other mode of communication,
electronic and otherwise.
g. We reserve the right to refuse service and/or terminate accounts without prior
notice if these Terms are violated or if we decide, in our sole discretion, that
it would be in ClatPrep’s best interests to do so. You are solely responsible for
all contents that you upload, post, email or otherwise transmit via the
Website. The information provided to us shall be maintained by us in
accordance with our Privacy Policy.
6. USER CONTENT
a. You retain ownership and sole responsibility for any text, messages, chat
communications, billboard postings, software, photos, drawings, graphics,
profiles, opinions, ideas, images, videos, audio files or other materials or
information posted, uploaded, emailed, transmitted or otherwise made
available to the Website by You (collectively “User Content”). Therefore, You
are responsible for User Content and you must ensure that you have all the
rights and permissions needed to use User Content on the Website.
b. By using the Website, you grant us a worldwide, perpetual, unrestricted,
royalty free license to use, reproduce, distribute, modify, adapt, create
derivative works, make publicly available, and otherwise exploit User
Content, but only for the limited purposes of providing the services to You
and as otherwise permitted by Our privacy policies. This license continues
even after You stop using our website. You acknowledge that this license
includes the right for us to make User Content available to other users of
the Website, who may use User Content subject to these Terms.
c. You can remove your content by deleting it, however in certain
circumstances User Content may not be completely removed, and copies of
User Content may continue to exist on the Website. We are not responsible
or liable for the removal or deletion of (or failure to remove or delete) any
of User Content.
d. ClatPrep does not endorse or control the User Content transmitted or posted
on the Website and therefore, accuracy, integrity or quality of User Content
is not guaranteed by ClatPrep. You understand that by Using the Website,
You may be exposed to User Content that is offensive, indecent or
objectionable to You. Under no circumstances will ClatPrep be liable in any
manner whatsoever for any User Content, including without limitation, for
any errors or omissions in any User Content, or for any loss or damage of
any kind incurred by You as a result of the use of any User Content. You
hereby waive all rights to any claims against ClatPrep for any alleged or actual
infringements of any proprietary rights, rights of privacy and publicity, moral
rights, and rights of attribution in connection with User Content.
e. ClatPrep prohibits the use of the following content and inform You not host,
display, upload, modify, publish, transmit, store, update or share any
information that:
1. belongs to another person and to which the user does not have anyright;
2. is defamatory, obscene, pornographic, paedophilic, invasive of
another‘s privacy, including bodily privacy, insulting or harassing on
the basis of gender, libellous, racially or ethnically objectionable,
relating or encouraging money laundering or gambling, or otherwise
inconsistent with or contrary to the laws in force;
3. is harmful to a child;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. impersonates another person;
7. deceives or misleads the addressee about the origin of the message or
knowingly and intentionally communicates any information which is
patently false or misleading in nature but may reasonably be perceived
as a fact;
8. threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign States, or public order, or causes
incitement to the commission of any cognisable offence or prevents
investigation of any offence or is insulting other nation;
9. contains software virus or any other computer code, file or program
designed to interrupt, destroy or limit the functionality of any computer
resource;
10. is patently false and untrue, and is written or published in any form,
with the intent to mislead or harass a person, entity or agency for
financial gain or to cause any injury to any person in a public area.
7. DISCLAIMER OR WARRANTY AND LIMITATION OF LIABILITY
a. This Website, all the Courses or Products, included on or otherwise made
available to You through this site are provided on “as is” and “as available”
basis without any representation or warranties, express or implied except
otherwise specified in writing. Without prejudice to the forgoing paragraph,
We do not warrant that this Website will be constantly available, or available
at all; or the information on this Website is complete, true, or absolutely
accurate; or that this Website is error and virus free. Nor We nor Our directors,
partners, employees, officers, shareholders, licensers, affiliates, and agents
will be liable to You in any way or in relation to these Terms or this Website
or any of the Content.
b. You agree that in no event will ClatPrep or directors, partners, employees,
officers, shareholders, licensers, affiliates, and agents be liable to you for
any special, indirect, incidental, consequential, punitive, reliance, or
exemplary damages (including without limitation loss due to delays or
missed deliveries or non-deliveries of the Product, or lost business or career
opportunities, lost revenues, or loss of anticipated profits or any other
pecuniary or non-pecuniary loss or damage of any nature whatsoever)
arising out of or relating to:
i. these Terms;
ii. the Website; or
iii. Your use or inability to use the Website
c. In no event will ClatPrep or any of its directors, partners, employees,
officers, shareholders, licensers, affiliates, and agents’ total liability to you
for all damages, liabilities, losses, and causes of action arising out of or
relating to:
i. these Terms;
ii. the Website;
iii. your use or inability to use the Website; or
iv. any other interactions with Bodycupid,
howsoever caused and whether arising in contract, tort including negligence,
warranty or otherwise, exceed the amount paid by you, if any, for using the
portion of the Product or Website.
d. In no event will ClatPrep or any of its directors, partners, employees,
officers, shareholders, licensers, affiliates, and agents be liable to you for
any losses, damage, liabilities, and causes of action arising out of any act,
omission, or negligence to which you contributed.
e. You agree that no claims or action arising out of, or related to, the Use of
the Website or these Terms may be brought by You more than 1 (one) year
after the cause of action relating to such claim or action arose. If You have
a dispute with Us or are dissatisfied with the Website, termination of Your
use of the Website is your sole remedy. We have no other obligation, liability,
or responsibility to You.
f. Nothing on Website constitutes, or is meant to constitute, advice of any kind.
All the Products sold on Website are governed by different state laws and if
We are unable to deliver such Products due to implications of different state
laws, ClatPrep will return or will give credit for the amount (if any) received
in advance by Us from the sale of such Product that could not be delivered
to You.
8. TERMINATION
a. These Terms are effective unless terminated either by You or ClatPrep.
b. You agree that ClatPrep, in Its sole discretion, for any or no reason, and
without penalty or notice, may suspend or terminate your account (or any
part thereof) or Your Use of the Website at any time.
c. You agree that any termination of Your access to the Website or any account
You may have or portion thereof may be without prior notice, and You agree
that ClatPrep will not be liable to You or any third party for any such
termination.
d. Any suspected fraudulent, abusive, or illegal activity may be referred to
appropriate law enforcement authorities. These remedies are in addition
to any other remedies that ClatPrep may have at law or in equity.
e. Upon termination for any reason of the Terms by either You or ClatPrep, you
must promptly destroy all materials downloaded or otherwise obtained from
this Website, as well as all copies of such materials, whether made under the
Term or otherwise. Any such termination of these Terms shall not cancel
Your obligation to pay for the Products already ordered from the Website or
affect any liability that may have arisen under these Terms.
9. INDEMNIFICATION
You agree that You will indemnify and hold harmless company and its directors,
partners, employers, employees, officers, shareholders, licensers, affiliates, and
agents from any and all claims, losses, damages, liabilities, costs and expenses,
including without limitation, legal fees and expenses liability arising in connection
with your use of the Website, caused by or arising out of claims based upon your
actions or inactions or related to your use or misuse of the Website, any violation of
these Terms or any of the covenants made by you herein, which may result in any
loss or liability to ClatPrep or any third party.
9. INDEMNIFICATION
You agree that You will indemnify and hold harmless company and its directors,
partners, employers, employees, officers, shareholders, licensers, affiliates, and
agents from any and all claims, losses, damages, liabilities, costs and expenses,
including without limitation, legal fees and expenses liability arising in connection
with your use of the Website, caused by or arising out of claims based upon your
actions or inactions or related to your use or misuse of the Website, any violation of
these Terms or any of the covenants made by you herein, which may result in any
loss or liability to ClatPrep or any third party.
10. INTELLECTUAL PROPERTY
This site is controlled and operated by ClatPrep. All material on this site, including
images, text, graphics, illustrations, audio clips, and video clips, digital downloads,
data compilations and software, is our property or the property of our affiliates, and
is protected by copyrights, trademarks, and other intellectual property rights that
are owned and controlled by us or other parties that have licensed their material to
us. Material on Website is solely for Your personal, non-commercial use. You must
not copy, reproduce, republish, upload, post, transmit or distribute such material in
any way, including by email or other electronic means and whether directly or
indirectly and You must not assist any other person to do so. Without the prior
written consent of the owner, modification of the materials, use of the materials on
any other website or networked computer environment or use of the materials for
any purpose other than personal, non-commercial use is a violation of the
copyrights, trademarks and other proprietary rights, and is prohibited. Any use for
which You receive any remuneration, whether in money or otherwise, is a
commercial use for the purposes of this clause.
11. LICENSE TO USE WEBSITE
a. We grant you a limited license to access and make use of website, but not to
modify it, or any portion of it, except with our prior written consent. Such
limited license of use allows You to download the information of Products
purposely made available on the Website for downloading, provided that You
do not remove any proprietary notice language in any copies of such
documents, use such information only for Your personal and non-commercial
informational purpose, do not copy or post such information on any networked
computer or broadcast it in any media and do not make modifications to any
such document.
b. The license does not include any resale or commercial use of the Website or
its contents; any derivative use of the Website; any downloading or copying
of account information for the benefit of another user, or any use of data
mining, robots or similar data gathering and extraction tools.
c. Website or any portion thereof (including but not limited to any copyrighted
material, trademarks or other proprietary information) shall not be copied or
duplicated, reproduced, republished, sold, resold, visited, transmitted,
distributed or otherwise exploited for any commercial purpose without our
prior express written consent.
12. PRIVACY
By Using the Website, you agree to our Privacy Policy, the terms of which are
incorporated into, and form a crucial part of, these Terms. Our Privacy Policy set
out the terms on which We collect information, process it and secure it. Our Privacy
Policy shall also apply to your use of Website and by using Website, You consent to
such processing and you warrant that all data provided by You is accurate.
13. REFUNDS
Please refer to Our Refund Policy for details with respect to the details of Refund of
Our Products or Courses.
14. PRICING AND AVAILABILITY OF PRODUCTS
a. ClatPrep has all the rights to set or modify price of Products at any point of
the time. If price or information of any such Product are incorrectly reflected
due to some technical issue or typographical error, We shall have the right,
at Our sole discretion, to refuse or cancel any order placed for that respective
Order. In case, the price of any Product was incorrectly reflected on the
Website, We will have the right to modify the price of such Product. You shall
be liable to pay the additional amount if such Product was wrongly listed at a
lower price due to some technical issue or typographical error. We will refund
additional amount You paid for such Product if the Product was wrongly listed
at a higher price.
b. Prices and availability of the Products offered on the Website are subject to
change without prior notice and at the sole discretion of ClatPrep. ClatPrep
reserves the right, at its sole discretion, introduce, modify, or remove Products
available on the website without any prior written notice to You.
c. Any changes under this clause including change in pricing, availability,
introduction, modification, or removal of Products shall become effective
immediately at the time such changes are made or posted on the Website.
15. FEE & OTHER CHARGES
a. We do not charge any fee for browsing and for any transaction made on the
Website. Third party such as payment gateway and bank may charge for the
transaction as per the policies and terms.
b. We reserve the right to change Our Fee Policy from time to time. In particular,
We may at Our sole discretion introduce new services and modify some or all
of the existing services offered on the Website. In such an event We reserve
the right to introduce fees for the new services offered or amend/introduce
fees for existing services, as the case may be. Changes to the Fee Policy shall
be posted on the Website and such changes shall automatically become
effective immediately after they are posted on the Website. Unless otherwise
stated, all fees shall be quoted in Indian Rupees. You shall be solely
responsible for compliance of all applicable laws including those in India for
making payments to Us
16. REVIEWS AND COMMUNICATION
We may monitor, edit, delete, or disclose the contents of a user’s email or reviews
as required for normal maintenance of any of Our websites or in the good-faith
believes that such action is necessary to:
a. comply with the law or comply with legal process served on Company;
b. protect and defend the rights or property of the Company;
c. protect the personal safety of Our website Users or the public at large;
d. to ensure compliance with our Terms.
17. OFFER
Your order for purchase constitutes your offer which shall be subject to these Terms
of this User Agreement. We reserve the right to accept or reject Your offer in part
or in full. Our acceptance of Your order will take place upon dispatch of the
Product(s) ordered. Dispatch of all the Product(s) ordered, may or may not happen
at the same time, in such a scenario that portion of the order which has been
dispatched will be deemed to have been accepted by Us and the balance would
continue to be on offer to Us and We reserve the right to accept or reject such
balance order. No act or omission of ClatPrep prior to the actual dispatch of the
product (s) ordered will constitute acceptance of Your offer. If you have supplied Us
with Your email address or phone number, We will notify You by email and/or phone
number, as the case may be, as soon as possible to confirm receipt of Your order
and email/contact You again to confirm dispatch and therefore acceptance of the
18. ONLINE TRANSACTION
While availing any of the payment method/s available on the Website, We will not
be responsible or assume any liability, whatsoever in respect of any loss or damage
arising directly or indirectly to You including but not limited to:
a. Lack of authorization for any transaction/s, or
b. Exceeding the pre-set limit mutually agreed by You and between “Bank/s”, or
c. Any payment issues arising out of the transaction, or
d. Decline of transaction for any other reason/s.
19. GOVERNING LAW AND JURISDICTION
a. These terms are governed by and construed in accordance with the laws of India.
b. The Courts at Jaipur, Rajasthan, India shall have the jurisdiction over the
dispute arising out of this Agreement or for enforcement of the arbitral award.
20. DISPUTE RESOLUTION
a. Any dispute arising out of or in relation to this Agreement between You and
ClatPrep shall be referred for amicable negotiation and settlement between
the parties to be resolved within 30 days of the written notice.
b. In case of non-resolution of any dispute or difference by negotiation, the same
shall be referred to the Arbitration mandatorily, in accordance with the
Arbitration and Conciliation Act, 1966 of India. The number of arbitrators shall
be 1 (one) and such arbitrator shall be appointed by the Director of ClatPrep.
c. If the dispute is in favour of You, a refund as per our Refund Policy is provided
once the Product is returned to Us. Such return would include returning the
login details, material, etc
d. The proceedings and the award of the arbitration shall be made in English.
The arbitration shall be conducted at Jaipur, Rajasthan, India.
21. GRIEVANCE OFFICER
If you have any questions about these Terms or want to report any abuse to
complain against any content hosted, transmitted, published, updated or shared on
Website, please contact us using the following information:
Phone: 0141-4082038 / 9549547770
Email: help@clatprepindia.com