GURUCOOL TERMS AND CONDITIONS
These Terms of Use (herein the "Terms") apply to your visit, explore, browse, use or access the Website and/or Mobile Application whether through a computer or a mobile phone. This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of a domain name including the related mobile application. This electronic record is generated by a computer system and does not require any physical or digital signatures. By continuing usage or accessing the Website and/or Mobile Application, you consent to be bound by these Terms and Conditions. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS BEFORE YOU USE THE WEBSITE/APPLICATION. If You do not accept any of the Terms, then please do not use the Website and/or Application or avail of any of the products and/or services offered by ‘Gurucool’ . YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND ‘Gurucool’ . In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or products, the provisions of the Terms shall prevail.
These Terms of use intends to make you aware of your legal rights and responsibilities with respect to your access to and use of the‘Gurucool’ Website (www.gurucool.XYZ) and/or Application (herein collectively as ‘Gurucool’ Platform) or (b) any modes of registrations or usage of products or services, including through SD cards, tablets or other storage/transmitting device This Platform is owned, managed and controlled by ‘Gurucool XYZ Private Limited’ , a private company incorporated under the provisions of Companies Act, 2013 having its registered office at R-286/2, Jogabai Extn. Near Qadri Masjid, Okhla Delhi South Delhi DL 110025 IN .
Definitions.
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
a. ‘Account’ refers to the account created by the user on the platform of ‘Gurucool’ by submitting the required and necessary information.
b. ‘Agreement’ shall mean all the contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.
c. ‘Applicable Law’ means any statute, law, regulation, ordinance, rule, judgment, order, decree, bye-law, approval, resolution, order, directive, guideline, policy, or another similar form of a decision of, or determination by, or any interpretation or adjudication, in each case, by any concerned Government Authority having jurisdiction over the matter in question in India, as may be applicable, and having the force of law.
d. ‘Application’ shall mean the mobile Application(s) owned, managed and controlled by ‘Gurucool’ .
e. Content
f. ‘Educatee’ shall mean and include all the persons who shall be using the platform of‘Gurucool’ for acquiring the educational information in accordance with the service and/or products of ‘Gurucool’ by registering itself as ‘Educatee’ .
g. ‘Educators’ shall mean and include all such users of the platform who are identified, classified and registered or non-registered as ‘Educators’ as may be applicable and are using the ‘Gurucool’ platform for sharing knowledge, teaching or tutoring purpose or promoting educational awareness amongst.
h. ‘Intellectual Property’ includes ideas and designs, concepts and framework, creations and creatives, discoveries, domain names, inventions, enhancements, know-how, trade and business secrets, patents, copyright, trademarks inclusive of trade designs, trade name, logo, trade dress, service marks, designs, business plans and prototype, tools, devices, plans and methods, procedures, processes, system, algorithms, authorship, codes, proprietor techniques, software, and other confidential information, in either printed or machine-readable form, whether copyrightable or not.
i. ‘Major’ shall have the same meaning as assigned to it under Clause 1 of Section 3 of the Indian Majority Act, 1875.
j. ‘Minor’ shall mean a person under “the age of majority”.
k. ‘Force Majeure’ shall mean and include all such acts which are beyond the reasonable control of the ‘Gurucool’ and ‘Gurucool’ has taken all reasonable measures to eliminate or minimise the effect of such event.
l. ‘Product’ shall mean all the product(s) or the E-products as may be offered by‘Gurucool’ on its platform to facilitate or render services as applicable.
m. ‘Platform’ shall mean and include the Website and/or Mobile application or any similar software provided by ‘Gurucool’ .
n. ‘Service’ shall mean and include an act or use for which ‘Educator’ or ‘Educatee’ is willing to pay against the product of the Gurucool’ which includes the provision of activity due for the performance with respect to the product of and on ‘Gurucool’ .
n. ‘Scope of service’
n. ‘User’ or ‘You’ or ‘Yours’ shall mean and include without limitation anyone who is using, browsing, exploring, searching, visiting or accessing the platform of ‘Gurucool’ by any means and mode in any manner.
n. ‘Website’shall mean and include this website managed, owned and controlled by‘Gurucool’ .
Right to Reserve
2.1 ‘Gurucool’ reserves the right to change, modify, amend, update, suspend or discontinue the whole or any portion of the Products or product based services or Website or Application or these terms at any time. The Company may also impose limits on certain features or restrict Your access to parts or the entire Products or product based services or Website or Application without notice or liability.
2.2 ‘Gurucool’ may from time to time vary or amend these Terms of User by posting the amended terms on its Website and/or Application without any notice to its Users. It is Your responsibility to review these Terms periodically for any updates/changes.
Amendments will be effective upon the Company’s posting of such updated Terms or the amended policies or supplemental terms on the applicable products and/or product based service. Any use of the products or product-based services after the amendment of these Terms will be deemed to be acceptance of the amended Terms by You. If You do not agree to the amended Website Terms, You have the right to discontinue the use of a product or product-based services and terminate the arrangement.
2.3 These Terms apply to all Users of the platform, whether visitors, Educators, Educatees, free or paid Users who access the platform for any purpose. The Terms also apply to any legal entity which may be represented by the User under actual or implied authority.
2.4 ‘Gurucool’ may from time to time as required for the improvement of the Website or its Application or for their enhancement or debugging or any interrelated thing or activity may put the Website or its Application under maintenance without any prior notice or information to any of its users. The Users of Website or its Application may also at times encounter and experience downtime of it on the ground without limitation like server issues, security threats, coding errors, database issues, accidental files deletion, content management system theme and plugin incompatibility or related issues to it, Domain name system issues.
2.5 You must acknowledge and hereby agree that Educators are independent contractors and are not in the employment of ‘Gurucool’ directly or indirectly.
Eligibility Criteria to Use and Access the Platform
Any person who is competent to contract as per the Indian Contract Act, 1872, Section 11, that says, “ Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject” . shall be eligible to use or access our platform and further register with us to avail our products or product-based services from the platform. We at ‘Gurucool’ strongly recommends to all the minors and to all those who are not qualifying the Section 11 of the Indian Contract Act, 1872 to not to use or access our platform by any means and mode, any form of usage or access of our platform shall be construed to be permitted by your parents or authorized legal guardians who are in the legal capacity to give consent on your behalf with respect to the usage and access of the ‘Gurucool Website or Application and have agreed to these terms and conditions.
Disclaimer- ‘Gurucool’ assumes no responsibility and liability against any claims of injury, harm, damage or loss, directly or indirectly, as an outcome of the use or access of its Website and/or Application. The liability shall be of all the Users to utilize the Website and/or Application of ‘Gurucool’ for the product or the product-related services or any of the purposes of the related offering only and not share your personal information inclusive of account login details and credentials with any third person. However, ‘Gurucool’ takes all the due reasonable care to prevent and protect its platform and its users from external or foreign elements and threats but at the same time highly recommends you to make use of the Website/Application diligently. We also suggest you contact us at ________in case you have doubts or inquiries regarding the platform product or product relating services or any others so that we can timely attend to those and resolve as required.
Right to Reserve
4.1 You agree and acknowledge that ‘Gurucool’ is merely a technology-based platform facilitating its Users access to content that is educational in nature through various means and modes which may also include without limitation setting up of or running educational institutes or centres, providing access to e-libraries, making or made available educational content in audio or video form, organizing e-classes or learning sessions through educators or third-party service providers who are independent contractors not under the direct employment of ‘Gurucool’ . The dissemination of the educational content or courses may be dependent upon the subject matter in question against which the product and product-based services are being offered.
4.2 To avoid any misconception, misunderstanding or ambiguity, We would like to remind you that the courses/syllabus/products or products based services offered by ‘Gurucool’ through its platform are for additional reference and concept clarity & understanding. Under no circumstances, ‘Gurucool’ intends to replace the curriculum of the Educatee’s offered courses by the national accredited or affiliated educational institutes, schools, colleges, universities, etc.
4.3 Subscription to the products or product-based services or platform of the ‘Gurucool’ with no ispo facto guarantees to any admission in any educational institution, schools, colleges, universities, etc or clearing of exams, etc.
4.4 The content on the platform of ‘Gurucool’ may contain personal opinions, self-invented methods for learning concepts or solving problems or any other tricks or techniques for teaching or understanding purpose, which may not be widely accepted and it shall be the discretion of the user in adopting such tricks and techniques or not. Further, the Company makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
4.5 All the content posted on the Website and/or Application is subject to review by the team at ‘Gurucool’ . We reserve an absolute right to not post, remove, delete or take down any content on the Website and/or Application if the content does not qualify the quality standards as decided by ‘Gurucool’ .
How to register on ‘Gurucool’
5.1You can use or access the products or products based services offered by‘Gurucool’ by registering yourself on the Website and/or Application offered by ‘Gurucool’ . The Website and/or Application require You to register as a User by creating an Account on it by providing required and necessary confidential and personal information as may be applicable.
5.2You agree that it shall be your responsibility to provide true, complete, accurate, and up-to-date information at the time of registration and at all times when there is any change in the information so provided by you. You agree and acknowledge that if the information so provided by You is incorrect, inaccurate, incomplete or not up to the date, ‘Gurucool’ reserves an absolute and sole right to suspend, deny, clock or permanently terminate your utilization or access of its platform.
5.3 You agree that your registration data is private and sensitive and it is your responsibility to maintain the confidentiality of the data. We shall bear no liability for any unauthorized access or activities on your account. Further, You agree that there may be the products or product-based services of ‘Gurucool’ which will be made available to those users who choose to subscribe to these products or product-based services. You shall be liable to compensate ‘Gurucool’ for any damages, or loss of revenue suffered by ‘Gurucool’ due to You sharing your account details and password with any unauthorized and unsubscribed user.
What is expected from You as a User?
6.1It is your responsibility to share the correct, accurate, true and up to date information at the time of registration and also to inform or notify us of any change in the information so provided by You.
6.2Your account may include your personal sensitive information whose safety and security is your responsibility. We advise you not to share the passwords of your account with any third party and maintain the confidentiality of your account and handle the usage of it with due care and attention.
6.3 You shall be responsible for logging out of your account at the end of each session and using only the devices that you trust or own.
6.4 You shall immediately notify Us of any unauthorized use and access of Your account. If there is reason to believe that there is likely to be a breach of security or misuse or any mishandling of Your account, we may request You to change the password or we may suspend Your account, without any limitation, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
6.5 It shall be your responsibility to ensure that you have accessed the platform from your registered email address and registered devices only. In the event you have shared your personal information to the platform under the pretext of it being ‘Gurucool’ or its “affiliates” or “associates”, in that case, ‘Gurucool’ shall not be liable for the loss or damage that you may suffer.
6.6 You will use and access the product or product-based services of the‘Gurucool’ for personal use only and will not assign, authorize or sell your account to any third party for use. If the product or product-based services are available for a minor, it shall be the responsibility of the Parents or the Legal guardian to ensure that the access to the platform by a minor is under proper supervision.
6.7 We shall not be liable to pay any damages (liquidated or unliquidated), for the in-accessibility of the platform caused by any external factors beyond the control of ‘Gurucool’ .
6.8 It is your responsibility to refrain from posting any content on Our platform that in any way promotes illegal activity, any political agenda, child abuse, pornography, nudity, obscenity or racism, which is profane, vulgar, fraudulent, defamatory or discriminatory in nature or outrages the modesty of any other individual.
6.9 You will ensure that while accessing or utilizing the platform offered by ‘Gurucool’ including attending any video sessions, you will behave in a discreet manner and maintain the decorum of the session and will present yourself in decent attire. 6.10. You will assume full responsibility for checking to ensure that You download the correct application for Your device. ‘Gurucool’ is not liable if You do not have a compatible mobile device and system or if You have downloaded the wrong version of the Application for Your mobile device.
6.10 Your content posted or published by You shall not be in direct or indirect violation of any International, National, local or State laws or hurt the customs of any regions in the world. You are directly responsible to comply with all the laws applicable to User content. device.
6.11 It is your responsibility as a User to keep with the equity and good conscience of other Users of the platform as well.
6.12 In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
6.13 You shall not decompile, reverse engineer, or disassemble the contents of the Application and/or our Website or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and/or our Website or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and/or and/or our Website or Application.
6.14 You will not interfere with any other person's use or enjoyment of the Website and/or Application.
6.15 You will not post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website and/or Application, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent.
6.16 You will not intentionally or unintentionally interfere with or disrupt the Services or violate any applicable laws related to the access to or use of the Application / Website / Services / Products, violate any requirements, procedures, policies or regulations of networks connected to the Application / Website / Services / Products, or engage in any activity prohibited by these Terms.
6.17 You will not use the Platform for purposes that are not permitted by these Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
Child Safety Policy
The child safety policy is specifically laid down for the students who are under the age of 18 years (Herein the minor) and is accessing or utilizing the platform of ‘Gurucool’ with the consent of their parents or legal guardian. It is mandatory for all Users of ‘Gurucool’ to adhere to the Child Safety Policy observed in the strict sense and spirit of ‘Gurucool’. This policy tends to disclose the nature, type and extent of the personal data and information to be collected from Child and the same can be read in the Privacy Policy of ‘Gurucool’ in addition to these Terms. We assume responsibility to create awareness on these lines through various educational programmes, sessions or through any other creative methods, as may be applicable. Any violation of this policy amounts to the termination of your account, subscription or agreement with ‘Gurucool’, as the case may be. ‘Gurucool’ also reserves the right to initiate appropriate legal proceedings against you if it deems necessary.
7.1 General conduct with Minor
The Educators or anyone who is in contact with the Minor through ‘Gurucool’ platform while accessing or using the platform is expected to behave and conduct themselves in a polite and professional manner at all times free from all the prejudices, defamatory, abusive, libellous, indecent, derogatory, discriminatory remarks and/or comments against any child or its parents or use any personal information of the child, parents or their guardians for their own use or to commercially exploit this information.
Such an environment should be created which promotes the well being of all the children and induces them to share their thoughts, ideas and doubts freely and comfortably ensuring a value-based learning experience.
It must be ensured that while conducting online sessions with the child, audiovisual content is virtually and culturally appropriate.
Under no circumstances shall any information be shared with the child on any subject that should not reasonably be provided to them owing to their age and that may result in tempering or manipulating or interfering with their healthy development process. No child shall be encouraged to use drugs, hard liquors, tobacco, harmful substances, physical abuse, emotional abuse or sexual abuse of any kind.
How to register on ‘Gurucool’
8.1We will not use any unfair means to sell, advertise, induce customers or other similar and incidental means to promote our platform or business.
8.2‘Gurucool’ will not make any false promises, misrepresent or convey any information related to features, usage or benefits of the Products which is false or misleading.
8.3 ‘Gurucool’ will not manipulate the price of the products offered on its platform in such a manner as to gain wrongly gains and profits by imposing on Users any unjustified price having regard to the prevailing market conditions, the essential nature of the Product, any extraordinary circumstances under which the product is offered, and any other relevant consideration in determining whether the price charged is justified; and discriminate between subscribers of the same class or make any arbitrary classification collecting their personal data/breaching privacy through unfair means affecting their rights under the Laws.
8.4 ‘Gurucool’ will not indulge in any malpractices which will misrepresent the public in believing that Educator has required knowledge or the product offered is official, recognized, authorized, accredited, approved, registered, affiliated to renowned educational places or institutes or governing agencies.
8.5 Wherever necessary, ‘Gurucool’ reserves the right to take such action as may be required under law including complaining against the individuals who are involved in commission or abating the commission of physical harassment, threatening or abuse of its users or violating their legal and fundamental rights by any means.
Grant of License
Subject to your compliance with these Terms, we, hereby grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use our products or products based services or Website or Application for limited use or access or and use our platform, solely for your personal and non-commercial purposes and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Agreement. You have no right to sublicense the license rights granted in this section.
Authorization for communication
By accessing the Website and/or downloading the Mobile Application and/or accepting these Terms, You authorize us to send You (including via email, call and notifications) information regarding our products or product-based services which may include without limitation notification for Your use of the Subscription Service, Updates related to Subscription Service, any substantial change in the information of the ‘Gurucool’ , Your violations of these Terms of use, Any new features or products introduced by us, or any promotional information and materials regarding our products and product-based services. You are agreeing to continue to receive messages, emails and calls from us.
You may choose to opt-out from any company communications by clicking on choosing to unsubscribe option found in the emails that you may receive from us or you may send us a written remove request by writing to us at our office address or by sending us an email at _____________
Ownership and warranties of the Content ‘Gurucool’
11.1Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained on the platform or on products are proprietary property of the ‘Gurucool’ . No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from ‘Gurucool’ and nothing on this platform or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the ‘Gurucool’ to the User.
11.2The Website and /or Application offers content-based information, both directly and through indirect links to third-party websites, which is protected by the Intellectual Property laws of India, foreign nations, and international bodies. Any unauthorized use of the Content will violate copyright, trademark, patents, and/or other rights of ‘Gurucool’ or any Third-party.
11.3 By posting, storing, or transmitting any content on the Website and/or Application, You hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, assignable, rights and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.
11.4 You also agree that We do not have the ability to control the nature of the user-generated content offered through our Website and/or Application. You are solely responsible for your interactions with other users of the Platform and any content you post. We shall not be liable for any damage or harm resulting from any posts by or interactions between users. We reserve the right, but have no obligation, to monitor interactions between and among users of the Platform and to remove any content as We deem objectionable, at our own sole and absolute discretion.
Taxes and Invoices
You agree that you will be responsible for paying any applicable tax on the payment made by you to us, as may be applicable. We may provide you with invoices against the payments made by you at the time of subscription to our products or product-based services.
Disclaimer of warranties
13.1You agree that ‘Gurucool’ reserves an absolute right to offer you its products or product-based services on a subscription basis and will collect payment from you against its offerings. The payments for availing the products of the ‘Gurucool’ will be collected in advance at the time of you accessing or availing the products or any part of the products or its related services taking into consideration the applicable amount against it.
13.2 You agree that in the event where you choose to cancel your subscription, it shall be in accordance with the cancellation and refund policy of the ‘Gurucool’ upon the condition that you have not utilised our products or services in any form or any manner.
13.3 Subject to the mandatory condition, upon cancellation, you shall be entitled to the refund after making deductions in proportionate deduction to the sessions already attended by your or product based featured service already used by you. The request for cancellation of the subscription and refund must be raised within 48 hours of making the payment and upon our satisfaction on the verification of the concerned records regarding payment, the subscription fees paid by you for any of our paid services may be refunded or adjusted, as the case may be, by us in following cases only:
Where the fees for a single product is paid more than once or double/the extra amount paid/deducted for the product.
Where any product was mistakenly purchased instead of another, the fees paid shall be adjusted towards the actual product you wanted to opt for. The excess fees paid if any shall be refunded to you and deficiency if any in the opted product fees, shall be recovered from you at the time of allocating you the opted product.
Where we could not start your subscribed services within 30 days of payment for that product made by you.
Where age is a parameter for any product and it is discovered after verification of the documents that you are over or under-aged for that product.
Or on a case to case basis as may be considered by ‘Gurucool’ at its own discretion.
13.4 Your refund request shall be supported by your claim, evidence, documents within the time prescribed above. If we find the records in support of your claim to be correct and your claim falls within the cases mentioned above, we will refund/ adjust your payment within 30 to 60 days from the date of receiving your refund request with supporting payment records.
13.5 Upon raising a request for cancellation and/or refund, ‘Gurucool’ reserves the right to suspend or block or terminate your access to its website or platform, as the case may be.
Indemnification
Although due care has been taken and every effort has been made by us to ensure that the content offered through our platform and products offered by us are correct, the possibility of errors, omissions and/or discrepancies or happening of any contingencies beyond the reasonable scope and limits of the ‘Gurucool’ , cannot be ruled out. Therefore, we do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. Should there be any discrepancy, error or omission noted in the content offered through our platform, we will be obliged, if the same is brought to our notice by you, in the manner and mode as may be applicable.
Disclaimer of warranties
15.1Your use of this Website and/or Application or Products are at your sole risk. The website and/or Application or Products are offered on an “As Is'' and “As Available” basis. ‘Gurucool’ expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or Website and/or Application content, or any reliance upon or use of the Website and/or Application content or Products.
15.2Without limiting the generality of the foregoing, We make no warranty: that the information provided on this Website and/or Application is accurate, reliable, complete, or timely. The links to third-party websites are to information that is accurate, reliable, complete, or timely. No advice or information, whether oral or written, obtained by you from this Website and/or Application will create any warranty not expressly stated herein. As to the results that may be obtained from the use of the products or that defects in products will be corrected regarding any products obtained through the Website and/or Application.
15.3 The usage of the platform or products is not endorsed as a substitution to the curriculum-based education provided by the accredited Educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same.
15.4 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Limitation of Liability
16.1‘Gurucool’ entire liability, and your exclusive remedy, in law, inequity, or otherwise, with respect to the Website and/or Application content, products or product based services and/or for any breach of this Terms of use is solely limited to the number of services which you may have subscribed to against the services.
16.2We will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Terms of use or the products in any manner, including liabilities resulting from; (a) the use or the inability to use the Website and/or Application content or products; (b) the cost of procuring substitute products or content; (c) any products subscribed or obtained or transactions entered into through the Website and/or Application, or (d) any lost profits you alleged.
Indemnification
You hereby agree and acknowledge to release, indemnify, defend and hold harmless ‘Gurucool’ , and/or any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses,(including reasonable attorneys’ fees and expenses), of third parties claims relating to or arising out of: (a) violation of these Terms of use or breach of your warranties, representations and obligations under these Terms; (b) the platform content or your use of the platform content; (c) the Products or your use of the Products; (d) any intellectual property or another proprietary right of any third party or entity; (e) any information or data you supplied to us. This defence and indemnification obligation will survive these Terms and Conditions and your use of the ‘Gurucool’ Platform.
Termination
If the Party’s performance of its obligations under this Terms is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) Business Days, the User may cancel his subscription or terminate the arrangement without incurring any charges.
Force Majeure
If the Party’s performance of its obligations under this Terms is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) Business Days, the User may cancel his subscription or terminate the arrangement without incurring any charges.
Notice
All notices hereunder shall be in writing and shall be deemed to have properly been given when (a) delivered in person to either of the Party, or (b) by registered post or internationally recognized courier service, or (c) by electronic mail to the email address of User(s) or ‘Gurucool’ as the case may be. ‘Gurucool’ may send notice by means of a general notice on the Products and/or Services, to the email address on your Registered Email Account, Text message (SMS) to your mobile number in your Account, or by written communication sent to your address as set forth in your Account. You should give notice to ‘Gurucool’ by written communication to ‘Gurucool’ All notices served by the Company shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the ‘Gurucool’ should be sent to support@gurucool.com..
Entire Agreement
The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Website and/or Application from time to time, constitute the entire agreement between the ‘Gurucool’ and You with respect to Your access to or use of the Application, Website or Application or Services thereof.
Assignment
You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party who is not a party to a transaction herein, however, ‘Gurucool’ reserves the complete right to assign or sub assign or to delegate or allocate or any such rights or obligation to its authorized persons in the interest of ‘Gurucool’ which shall not be detrimental to its Users.
Severability
If for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver
Any failure by the ‘Gurucool’ to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the ‘Gurucool’ of that provision or right
Relationship
You acknowledge that Your usage and participation on the Website and/or Application, does not make You an employee or agency or partnership or joint venture or franchise of the Gurucool unless otherwise specifically and mutually agreed between the parties in writing.
Governing Law, Jurisdiction and Dispute Resolution:
These Terms of Use are subject to the Laws of India. Any dispute, claim or controversy relating to it or arising out of or with respect to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Products and/or Service and/or of the Mobile Application (herein collectively, “Disputes”), You and We both agrees to submit any such dispute arising under these Terms to be settled between the parties amicably through negotiation, consultation, providing with such alternatives or resolutions as applicable. In the event where the dispute remains resolved or unsettled for a period of 30 days from the date on which it was first reported, ‘Gurucool’ reserves the right to initiate the reconciliation or settlement process with the help of ‘Lawyered’ . If the matter remains unresolved for a period of 60(sixty) days, the matter may be referred for Arbitration proceedings in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and as amended from time to time or any other law for the time being in force. The venue and seat of the arbitration shall be in New Delhi, India. The decision of the Arbitration Tribunal shall be final and binding upon the ‘Parties in dispute’ and the cost of arbitration shall be borne by the party who has decided to invoke the arbitration. Any appeal against the decision of the Arbitrator shall be made to the court at New Delhi having the exclusive jurisdiction to deal with the matter.
Grievance officer
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name - Daniyal Ashraf
Email - daniyal@gurucool.xyz
Phone number - 9953644971