PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE OR APP OR ORDERING PRODUCTS FROM THIS WEBSITE OR APP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS WEBSITE PERTAINING TO YOUR USE.
This Terms of Use (the “Agreement”) governs your use of GuruPaath Website or App of “GuruPaath” and offer of products made available for purchase on this Website or App, or your purchase of services available on this Website or App.
This shall be a legally binding contract between you, the User of the Programs as defined below and Gurupaath Education Private Limited.
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
GuruPaath reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website or App. GuruPaath will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website or App. Your use of the Website or App following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. GuruPaath encourages you to review this Agreement whenever you visit the Website or use App to make sure that you understand the terms and conditions governing use of the Website or App. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with GuruPaath for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website or App.
- PRODUCTS
Terms of Offer: This Website or App offers for sale certain services (the “Services”). By placing an order for Products and services through this Website or App, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct GuruPaath sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from GuruPaath and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
- You may use the opt out link found in any email solicitation that you may receive.
- You may also choose to opt out, via sending your email address to:
care@gurupaath.com
- You may send a written remove request to GuruPaath Education Pvt Ltd, Flat No.604, Pataskar Eclat GB Road, Kavesar Thane -400615, Maharashtra India
Proprietary Rights: Gurupaath has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any services distributed by Gurupaath. Gurupaath also has rights to all trademarks and trade dress and specific layouts of this webpage or app, including calls to action, text placement, images and other information.
If you avail any services, you will be responsible for paying any applicable tax.
- WEBSITE OR APP
Content; Intellectual Property; Third Party Links:
In addition to making services available, this Website or App also offers information and marketing materials. To the extent that Gurupaath does create the content on this Website or App, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website or App is for personal, noncommercial use. Any links to third-party Website or Apps are provided solely as a convenience to you Gurupaath does not endorse the contents on any such third-party Website or Apps. Gurupaath is not responsible for the content of or any damage that may result from your access to or reliance on these third-party Website or Apps. If you link to third-party Website or Apps, you do so at your own risk.
Use of Website or App:
Gurupaath is not responsible for any damages resulting from use of this Website or App by anyone. You will not use the Website or App for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website or App (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website or App by other users, (3) not resell material on the Website or App, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website or App
License:
By using this Website or App, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website or App in connection with your normal, non commercial, use of the Website or App. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Gurupaath or the applicable third party (if third party content is at issue).
No Refund:
Gurupaath does not provide for any refunds for the payments made to Gurupaath for our products or services. You may use Gurupaath free trial before deciding to purchase our products or services.
Posting:
By posting, storing, or transmitting any content on the Website or App, you hereby grant Gurupaath a perpetual, worldwide, non-exclusive, royalty-free, assignable, right 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. Gurupaath does not have the ability to control the nature of the user-generated content offered through the Website or App. You are solely responsible for your interactions with other users of the Website or App and any content you post. Gurupaath is not liable for any damage or harm resulting from any posts by or interactions between users. Gurupaath reserves the right, but has no obligation, to monitor interactions between and among users of the Website or App.
III. DISCLAIMER OF WARRANTIES
Your use of this Website or App and/or services is at your sole risk. The Website or App and services are offered on an “as is” and “as available” basis. Gurupaath 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 or App content, or any reliance upon or use of the Website or App content or products (“Products” include trial products) without limiting the generality of the foregoing, Gurupaath makes no warranty: that the information provided on this Website or App is accurate, reliable, complete, or timely. That the links to third-party Website or Apps are to information that is accurate, reliable, complete, or timely. no advice or information, whether oral or written, obtained by you from this Website or App 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 purchased or obtained through the Website or App some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
- Limitation of Liability
Gurupaath entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the Website or App content and services and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for services availed via the Website or App.
Gurupaath will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the Website or App content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the Website or App; or (4) any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
- INDEMNIFICATION
You will release, indemnify, defend and hold harmless Gurupaath, and 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 relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website or App content or your use of the Website or App content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Gurupaath. When Gurupaath is threatened with suit or sued by a third party, Gurupaath may seek written assurances from you concerning your promise to indemnify Gurupaath; your failure to provide such assurances may be considered by Gurupaath to be a material breach of this Agreement. Gurupaath will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website or App content or Products, with counsel of Gurupaath choice at its expense. [Gurupaath will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Gurupaath against any claim, but you must receive Gurupaath prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or App or Products.
- PRIVACY
Please refer to Gurupaath privacy policy, disclaimer and other policies if any, incorporated by reference herein that is posted on the Website and App.
- AGREEMENT TO BE BOUND
By using this Website or App or availing services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website or App.
VIII. DISCLAIMERS
- The information contained in this website or App is for general information purposes only. GuruPaath has taken all care to prepare the chapters of every Board and Grade as per the general guideline. Yet, due to frequent updates in the curriculum, and/ or by human/system gaps in fulfillment, if there happen to be any errors, omissions, or changes in the series and/or naming of the chapters/topics/lessons, it will be purely unintentional. Due feedback mechanism can be established through our email: feedback@gurupaath.com, and we shall strive to rectify, correct, modify, add, and delete the said gaps to our best extent. GuruPaath does not take any liability on grammatical or pronunciation or human errors that could happen during the course of recording, and due diligence on the part of the listener is advised to understand the same. Feedback about it will be taken note of, and reverted with as and when GuruPaath finds appropriate and suitable to make the changes, if any.
- GuruPaath has taken all the due vigilance and testing to ensure the compatibility of the audio clips on most of the standard Android and iOS phones and tablets currently available in the market. The consumers may be having quite older versions, which could have got missed from testing or have very new updated models; in case there is any technical issue of the audios or other content not being able to be played in such instances, GuruPaath does not take the liability of non-performance.
- Every effort is made to keep the website & App up and running smoothly. However, GuruPaath takes no responsibility for, and will not be liable for, the website or App being temporarily unavailable due to technical issues beyond our control.
Gurupaath Education Private Limited
Address: 604, Pataskar Eclat GB Road, Kavesar Thane Thane 400615
Email: care@gurupaath.com
Website: https://gurupaath.com
- GENERAL
In Force Majeure, Gurupaath will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Entire Agreement: This Agreement comprises the entire agreement between you and Gurupaath and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of Gurupaath to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law, Jurisdiction: This Website or App originates from the Mumbai City, Maharashtra State]. This Agreement will be governed by the laws of the State of Maharashtra State without regard to its conflict of law principles to the contrary. Neither you nor Gurupaath will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra By using this Website or App or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: 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 Website or App or services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device, any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Termination: Gurupaath reserves the right to terminate your access to the Website or App if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website or App and Gurupaath may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website or App is terminated, Gurupaath reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website or App. This Agreement will survive indefinitely unless and until Gurupaath chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: Gurupaath makes no representation that the Website or App or services are appropriate or available for use in locations outside India. Users who access the Website or App from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. You may not assign your rights and obligations under this Agreement to anyone Gurupaath may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR APP OR AVAILING SERVICES FROM THIS WEBSITE OR APP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.