Terms of Service
TERMS AND CONDITIONS
Usthadian authorizes By using our website or any other forms like an app, etc., these terms will automatically apply to you (hereinafter referred also as USER). You should make sure, therefore, that you read them carefully before using the website or app. We are offering you this website or app to use for your own personal use without cost, but you should be aware that you cannot send it on to anyone else, and you are not allowed to copy or modify the website or app, any part of the website or app, or our trademarks in any way. You are not allowed to attempt to extract the source code of the website or app, and you also should not try to translate the website or app into other languages or make derivative versions. The website or app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, belong to Usthadian Academy (OPC) Private Limited (hereinafter referred to as "Usthadian").
1. The user can view and access the content available on or from the website or app solely for their personal use. The contents of the website or app, under Usthadian's control, whether partial or otherwise, such as text, videos, graphics, images, logos, button icons, software, and other contents, as well as compilation of contents (meaning the collection, arrangement, and assembly), are the property of Usthadian and are protected under both Indian and foreign copyright, trademark, and other laws. Unauthorized use of such content will be a violation of Usthadian's copyright, trademark, and other intellectual property rights. The user may not sell or modify the said content or reproduce, display, publicly perform, distribute, or otherwise use such content in any way for any public or commercial purpose. The use of Usthadian's content on any other website or app or in a networked computer environment for any purpose is prohibited. The user shall not copy or adapt the Usthadian code that Usthadian creates to generate any content or the pages making up any of its websites or apps, which is also protected by Usthadian's copyright.
2. The user shall be
solely responsible for maintaining the confidentiality of their account and passwords. The user
shall be solely responsible for all activities happening under their username, whether authorized or
not. The user agrees to immediately notify Usthadian of any unauthorized use of their account and
password.
3. Usthadian reserves the right to modify, suspend, cancel, discontinue, or terminate
the services of the website or app, or reject any or all entries/blogs/comments/answers/points/coins
at their absolute discretion without giving any prior notice and without assigning any reason
whatsoever and without any liability to the user.
4. The user shall be responsible for the use of the website or app, for any entries/posts/blogs/comments/answers/points/coins that they upload/make, and for any consequences arising thereof. The user agrees that they shall use the website or app in accordance with all laws, rules, and regulations, as applicable from time to time, including, without limitation, IT laws and laws relating to unfair competition, antidiscrimination, false advertising, and defamation. The user further agrees that the usage of the website or app by the user shall not violate any third-party rights, including but not limited to intellectual property rights, right of privacy, and right of publicity. In addition to the above, the user agrees that they shall not use the website or app to transmit, distribute, store, or destroy material, including, without limitation, Usthadian's content, that is defamatory, obscene, threatening, abusive, or hateful. Any violation of any of the foregoing, including the terms and conditions mentioned herein, shall result in the immediate termination of this agreement. Moreover, Usthadian reserves the right to seek damages from any such user to the extent permitted by law.
5. Users are also prohibited from violating or attempting to violate the security of the website or app, including, without limitation, the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is 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 without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the website or app, overloading, "flooding," "spamming," "mailbombing," or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Usthadian will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
6. The contents of specific postings made by the user are posted and are the responsibility of the user who makes such postings. Though Usthadian reserves the right to filter out postings that may carry offensive, harmful, inaccurate, pornographic content or content that infringes on the intellectual property rights of any third party or any rights of publicity or privacy or is defamatory, libelous, threatening, or harassing or is indecent and contains any viruses, trojans, trap doors, back doors, easter eggs, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information or otherwise inappropriate content, it does not take any responsibility for such content and/or for deceptive, mislabeled, or defamatory content. Usthadian merely provides a platform to access the content posted by various teachers, content developers, and users (hereafter called user content) by using the services of the website or app. The users are expected to take necessary precautions and comply with various provisions of laws while uploading any contents on the website or app or using the website or app.
7. However, Usthadian specifically prohibits the posting of user content that provides the following and/or has the effect of the following. The user content: (a) is implicitly or explicitly offensive, such as user content that engages in, endorses, or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (b) harasses, incites harassment, or advocates harassment of another group or individual; (c) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; (d) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, or which amounts to contempt of any judicial authority; (e) promotes or endorses an illegal or unauthorized use of any copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; (f) contains restricted or password-only access pages or hidden pages or images; (g) displays or links to obscene, indecent pornographic material of any kind; (h) provides instructional information about illegal activities or other activities prohibited by these terms, including without limitation, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses or pirating any media; and solicits passwords or personal identifying information from other users.
8. The contents, views, and ideas expressed/posted are of the respective content developers, users, and Usthadian does not support/endorse any such views, ideas, and expressions. Moreover, Usthadian does not represent or guarantee the truthfulness, accuracy, or reliability of any such postings/blogs posted by the users, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings or admission to college or passing of examinations or performance in school or any user content and makes no representations about any jobs, resumes, or user content on the website or app. The users are cautioned to use common sense and proper judgment in this regard. Usthadian is not involved in the actual transaction between employers or examiners and candidates. Any reliance on the content posted by other users using the website or app shall be entirely at the risk of the user. The user assumes all risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons, or people acting under false identities.
9. Usthadian reserves the right without prior notice to access, read, preserve, and/or disclose the personal information of the user, including the content of the postings/blogs, if the same is required: (a) to comply with any court judgment/decree/order/directive, (b) by any legal/government authority; (c) by applicable law; (d) by professional/legal advisers, directors, employees/agents/representatives of Usthadian in connection with this agreement or otherwise; (e) for investigating potential violations of the terms herein or applicable national & international laws; (f) for investigating deliberate damage to the services or its legitimate operation; (g) for responding to service support requests, or (h) for protecting the rights, property, or safety of Usthadian and/or its directors, employees, and the general public at large.
10. Usthadian reserves the right to store and process the personal information provided by the user in India or any other country where Usthadian or its agents/representatives/group companies maintain storage and processing facilities, and the user, by using the services herein, consents to any such transfer of information outside India without prior notice.
11. Usthadian shall not be liable or responsible in any manner whatsoever for deletion and/or failure to transmit or store any postings/blogs posted by the user using the services herein or personal information provided by the user or any other communication maintained by the service. Further, Usthadian reserves the right to create limits on the use of the said service and storage at its sole discretion without assigning any reason whatsoever and without giving any prior notice.
12. Usthadian does not warrant that the website or app will operate without any technical error and is free from any computer viruses or other harmful mechanisms. Usthadian shall not be liable in any manner whatsoever for any consequences, claims, damages, costs, etc., arising out of any of the above-said reasons or due to any force majeure factors and/or due to any reasons beyond the control of Usthadian. Usthadian, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for a particular purpose, and non-infringement. Usthadian makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links used on the website or app.
13. Usthadian's maximum liability arising out of or in connection with the website or app or your use of Usthadian's content, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed Rs. 5000/-
14. Usthadian shall not be responsible or liable in any manner whatsoever for the exercise or non-exercise of its rights herein.
15. All Usthadian trade names, trademarks, logos, domain names, including, without limitation, www.usthadian.com, all content on Usthadian.com, are the exclusive property of Usthadian, and the user shall not use the same without the prior written permission of Usthadian.
16. Usthadian reserves the right, in its sole discretion, to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including, without limitation, removing the user content from the website or app and/or terminating the offending user's ability to access the website or app and/or use Usthadian's services. Usthadian may take any other action with respect to user content or user actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Usthadian or may cause Usthadian to lose (in whole or in part) the services of its ISPs or other suppliers.
17. The user agrees to indemnify Usthadian and its directors, employees, and agents against any third-party claim, action, suit, or proceeding resulting from their use of the services herein or arising out of the content submitted, posted, transmitted, or otherwise made available by the user while using the website or app or use of the website or app by the user in violation of these terms & conditions or violation of any third-party rights by the user.
18. Usthadian reserves the right, in its sole discretion, to amend or revise these terms & conditions at any point in time without prior notice, and the user agrees to be bound by such amendments or revisions. It is, therefore, suggested that the user must periodically review the updated version of these terms & conditions at www.usthadian.com.
19. All disputes arising between the user and Usthadian are to be governed by and construed in accordance with the laws of India. The Courts/Tribunals at Chennai, Tamil Nadu shall have the exclusive jurisdiction over any disputes relating to the subject matter of this agreement.
20. Usthadian will be updating the website or app periodically with further features, and several of these will be premium features for which you need to pay to access it. If and when such content is made available in an in-app purchase, it will be activated based on your approval. Once you agree to such in-app purchase, you will be charged for the cost of the subscription of the premium content.
21. You must remember that the website or app uses the internet, and internet charges may apply. If you are using the website or app outside of an area with Wi-Fi/internet, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the website or app or other third-party charges. In using the website or app, you’re accepting responsibility for any such charges, including roaming data charges if you use the website or app outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the website or app, please be aware that we assume that you have received permission from the bill payer for using the website or app.
22. By purchasing any of the courses provided by Usthadian, users (students & parents) explicitly acknowledge and consent to Usthadian's authority to exhibit the accomplishments of the student in diverse competitive examinations, including but not limited to JEE Mains & Advanced, NEET, CBSE, Olympiad, or others, irrespective of the course purchased. This entails the utilization of photographs and videos for promotional purposes. Furthermore, Usthadian reserves the right to publish names, photographs, and videos on the Usthadian website, social media platforms, and any other channels where Usthadian promotes its brand. In addition, both the student and the parent, by agreeing to these terms and conditions, consent to providing testimonials when requested by Usthadian for promotional purposes. These testimonials may be used in various marketing materials, including but not limited to the Usthadian website, social media pages, and other promotional online and offline channels.
Cancellation and Refund Policy
23. You are eligible for a refund for all our LIVE and Recorded Courses within 2 days of purchase.
24. If you wish to cancel a course, then a refund request email has to be sent to info@usthadian.com from your registered email ID with all the student details, including name, school, class, phone number, bank details for crediting the fees, and the course you wish to cancel. A refund request will be deemed valid only if the refund request email is sent within 2 days of course purchase. Any request made from any other email id for cancellation or refund will not be entertained.
25. For the LIVE and our Mentored Learning Program, the course materials need to be returned. The books and materials should be returned in the same condition as delivered by the company. Any products returned showing signs of any use or damage in any manner shall not be accepted for return.
26. No refund will be provided if the refund request email is sent after 2 days of course purchase.
27. For LIVE and Mentored Learning Program, after we receive the materials, we will deactivate the course, and the refunds shall be processed and made to the bank account within 15 working days of the receipt of products.
28. For the Self Study Program (Full year recorded Course), we will deactivate the course, and the refunds shall be processed and made to the bank account within 15 working days.
Policy for NDNC
29. By using the website and/or registering yourself at Usthadian.com, you authorize us to contact you via email or phone call or SMS and offer you our services, imparting product knowledge, offer promotional offers running on the website, and offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from Usthadian for the above-mentioned purposes till 365 days of your registration with us. Usthadian collects personally identifiable information when you register for a Usthadian account, when you use certain Usthadian products or services, when you visit Usthadian pages, and when you enter promotions. When you register with Usthadian, we ask for your first name, last name, contact number, email, date of birth, and gender. Once you register with Usthadian and sign in to our services, you are not anonymous to us. Also, during registration, you may be requested to register your mobile phone and email ID, pager, or other devices to receive text messages, notifications, and other services to your wireless device. By registration, you authorize us to send SMS/email alerts to you for your login details and any other service requirements or some advertising messages/emails from us