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Last updated: [01-07-2024]
These Terms and Conditions of Use govern the “User's(s)” (as defined below) access or availing of the Services (as defined below) being offered by APESys Tutorial (‘We’, ‘Us’, ‘Our’, ‘APESys’, or ‘the Tutorial’), through its Platform (as defined below). The APESys has its registered office at "SH-15/183 D-33 D Dwarka Nagar Colony Tarna By Pass Shivpur Varanasi 221003.
APESys (Academic Progress Evaluation System) provides services under brand- APESys, which is registered under Trade Marks Act. This brand name of ‘ APESys’ provides courses for the preparation of JEE (Main+Advanced), JEE-Main, NTSE, KVPY, Olympiads & Boards, covering classes from VI to XII & XII Passed students.
These Terms and Conditions of Use (hereinafter ‘Terms of Use’) pertains to the services made available over and across the various sources and/or channels– digital/physical/otherwise through which the User consumes the services. These sources, channels, transactions through them, and infrastructure facilitating them, will hereinafter be collectively referred to as ‘Platform’ which shall mediate the consumption of the services and value creation for the User. For these Terms of Use, wherever the context so requires, ‘User’ shall mean any natural or legal person who browses the Platform or has agreed to become a subscriber to the services on the Platform, by providing login credentials while registering on our website as a Subscribed User (defined in Clause 2.3) using any device(s) that support access to the Platform services. Wereserve the right to amend the Terms of Use (at any time without prior notice), which shall be updated on this page, regularly, so that you are always aware of the latest developments in the Platform. The date at the top of this page indicates when these Terms of Use were last updated. In case of any changes or updates, we shall endeavour to notify the User of such changes at the earliest, and notify about all material changes. By clicking ‘I Agree’ or ‘I Accept’, or using the Platform or availing Services, you agree to be bound by these changes These Terms of Use applies solely to Our Platform. We state that these Terms of Use is not applicable to other such similar or related Platform and the terms of use of other platforms and websites may vary, accordingly we are not responsible for the terms of use of other such platforms
1. Acceptance of Terms
1. These Terms of Use set forth a legally binding contract between Us, and the User and by clicking ‘I Agree’ or ‘I Accept’, or using the Platform, you agree to the Terms of Use stated herein. The Terms of Use equally apply even if you only visit or review any of the service offerings made available by Us and you are bound by these Terms of Use. If you do not agree to These Terms of Use, please do not continue to access and use our Platform henceforth. In consideration of your use of the Platform, you agree:
2. If User provides 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, We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Platform.
3. This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules as applicable, thereunder, and the provisions pertaining to electronic records in various statutes as amended by the IT Act.
4. User may access the Platform and subscribe to the services only for personal use. The Platform as a whole, is owned exclusively by the firm. User acknowledges that We are providing the User with a revocable, limited, non-exclusive, non-commercial, and non-transferable license to use the Platform. User will upon logging into the Platform as a regular user be able to view Our limited free content as a demo of the offerings. User will get access once enrolled as a ‘Subscriber’ / ‘Subscribed User’. User is advised to review this free content before taking the decision to proceed to subscribe to the services as a ‘Subscribed User’ (as defined in Clause 2.3).
5. By registering the e-mail address and/or phone number with Us, the User consents to be contacted by Us via phone calls, SMS notifications, e-mails and/or any other means that help us reach the User, in case of any subscription or service updates, subject to the terms of the Privacy Policy.
6. Users are entirely responsible for maintaining the security and confidentiality of their account as well as the login credentials to the account once the User becomes a ‘Subscribed User’.
7. We will not be liable for any loss that User may incur as a result of a third party using the User’s account, either with or without the User’s knowledge. The User may be held liable for any losses incurred by Us as a consequence of third-party usage of the User’s account.
8. Due to the global nature of the Internet, User agrees to comply with all applicable local laws, state-specific laws, and regulation regarding use of the Platform. User also agrees to comply with all applicable laws regarding the transmission of technical data and information exported from India or the country in which the User resides.
2. Eligibility
1. Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for Platform and be a Registered User (defined hereunder). As a minor, if User wishes to use Our Services, such use shall be made available to User by User’s legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that the minor has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents.
2. In addition, to enroll in APESys Users are to be students who are preparing for JEE (Main+Advanced), JEE-Main, NTSE, KVPY, Olympiads & Boards and/or Students who are in classes from VI to XII & XII Passed. Courses for Classes VI to X are being conducted under Junior Division while Classes XI, XII & XII Passed are being conducted under the JEE Division.
3. To register on the Platform for availing the Services (as defined in Clause 3.1) a login account, which may be based on a paid subscription, is required. You become a ‘Subscriber’/ ‘Subscribed User’ (hereinafter ‘Subscribed User’) once the account is created and an appropriate plan is chosen with the correct payment being received by the firm for the plan.
4. To determine User’s eligibility as a Subscribed User, User will be required to give details to validate user’s eligibility by filling in all mandatory fields in the service subscription enrolment form. Upon completing all fields in the service subscription form, User will have access to the ‘Free Content’ or the ‘Basic Plan’ in the capacity of a ‘Free User’ (hereinafter ‘Free User’) and have the option to purchase a paid subscription of User’s choice.
5. If User chooses to purchase a paid subscription, User will be directed to the purchase page and have the option to select the services and duration for which User wishes to become a Subscribed User. Upon receipt of the payment in full by the firm, the user would become a Tentative Subscribed User. After the payment is complete, Tentative Subscribed User will receive a confirmation email to the registered email address confirming his/her plan details and credentials for accessing the Platform.
6. After successful completion of the payment process, every User may have to submit one valid identity and address proof issued by the Government of India as acceptable by Us. For User’s accessing the Platform from outside India who have not been issued such document by the Government of India, We reserve the right to ask for an alternative identity and address proof. Upon submission of the valid identity proof, We may conduct an identity verification process of each Tentative Subscribed User. As part of the identity verification process, we shall:
1. To avail the full range of course content offered as part of the Platform services, User will have to mandatorily be a Subscribed User meeting all the requirements set out in Clause 2.
2. The Services and amounts payable to access the Services may differ for different Subscribed Users and will be based on the course combination chosen by Subscribed User either at the time of enrolling as a Subscribed User or thereafter, based on the courses a Subscribed User adds through his/ her account.
3. In these Terms of Use, the term “Services” (hereinafter also referred to as ‘services’) shall mean and include without limitation, value created for the Subscribed User through consumption of services mediated by the Platforms and will exclude the free demo content that is accessible to all Users visiting the Platform. The foregoing meaning and scope of Services may be subject to change and the definition shall not in any way limit or restrict Our right to remove or add features to the Platform.
4. A User is enrolled to the free plan by default and has the option to purchase a subscription and become a Subscribed User.
5. User– Subscribed or otherwise– agrees that any Services provided by Us may be subject to change at Our discretion and We may add, remove, or modify offerings to its existing scope of Services at such fees as will be solely determined by Us.
6. We may, at Our discretion, revise the amount payable in respect of existing offerings forming part of the Services that may be made available to the User Subscribed or otherwise.
1. To use the Platform and to avail Services by creating a User account, User may be required to submit his/her phone number and/or email address and choose a password which will be the only set of credentials basis which User will be granted access to the Platform and its Services. User is responsible for maintaining the confidentiality of password and other credentials to access the Services. If there is any compromise to User account, the said User can change their password using the ‘forgot password’ functionality available on the login page used to access the Platform.
1. We may use/integrate another third party’s platform on Our Platform. We may also use third party platforms to provide services to ourselves. In such event, User will be bound by such third party’s terms and conditions, privacy policy, and any other applicable policies.
2. Even though We review the content hosted as part of the Services on a best effort basis, We disclaim all warranties as regards the authenticity or correctness of information communicated to the User by the tutors and We do not guarantee that the tutor videos contain updated information on the subject matter.
3. The Platform may contain links to other apps or web pages owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Firm shall not be responsible in any manner for the contents of these third-party websites and if you should choose to use the link to view the third-party websites, you choose to do so at your own risk. Firm does not endorse the contents nor in any manner represent the accuracy or correctness of information on such third-party websites.
4. We shall not be responsible for any claims that may arise as a direct or indirect consequence of any third-party placing reliance and acting upon the information obtained as part of the Services or User(s)’s advice to a third-party basis the Study Material or tutorial videos or any other Services.
5. The tutorials are for personal training and for knowledge enhancement purposes only. We do not accept any responsibility to any party for the use of the Services provided and/or the contents of the Study materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by the User to any third party.
1. Any payments made to Platform in respect of Services are subject to the payment terms of firm as will be notified to User once the User initiates the process to become a Subscribed User. The current existing payment schedule available to Subscribed Users are mentioned on the Platform.
2. The Fee including GST and any delivery charges payable in relation to delivery of Services, as applicable, will be shown prior to completion of the payment transaction.
3. In the unlikely event that, due to a technical error, the amount of the Fee displayed on the Platform is incorrect, firm will notify User as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Platform, APESys will contact User through your registered e-mail address and/or phone number to notify regarding the correct Fee. To avail all Services for the duration of Subscription, User may be required to remit any additional fees such that the correct Fee is paid by the User.
4. APESys hereby notifies the User that it uses third party payment gateway service providers to process payment made by User towards the Service subscription. It is hereby clarified that APESys will not be responsible for any payment failures or errors occurring due to technical issues at the bank’s end or issues arising from the third party payment gateway and all such issues should be resolved directly between User and the banking or payment gateway partner concerned. The details of third party payment service providers shall be notified to the User in the payment terms.
5. The provision of offering the Services is contingent upon APESys having received cleared funds from User in respect of the Fee for the relevant Service subscription. Without prejudice to APESys rights and remedies under these Terms of Use, if any sum payable is not paid on or before the due date, APESys reserves the right, forthwith and at APESys sole discretion, to suspend User access to the Services and refuse entry to the subscription plan that the User intended to avail as part of the subscription to the Platform.
6. For Users accessing the Platform through Our app offerings on the App Store or the Play Store, please visit our Website to manage Your account. You may be additionally subject to the terms and conditions of the App Store or Play Store, as the case may be.
7. Disclaimer as regards Study Materials
1. The term ‘Study Materials’ (‘Study Materials’) as used in these Terms of Use include the offline lectures, videos, question bank, test series, notes, and any other learning material posted for the specific topics as well as other hard copy or electronic materials that may be made available from time to time. Study Materials, as a form of services, will be made available to a User, upon meeting all the conditions stipulated in these Terms of Use and becoming a Subscribed User.
2. We do not make any representation, guarantee or commitment to the User that the Study Materials offered either in the demo versions or as part of services to the Subscribed User will be error free.
3. The services and all accompanying Study Materials are only offered purely on “AS IS” basis.
4. The content will be constantly updated (via additions, modifications or removal) in terms of its numbers and the material without any prior notice to the User and at a sole discretion of APESys.
5. We do not claim any guaranteed rank, mark, success/any kind of advantage with the use of the Platform.
6. We reserve the right to change and update the content in the Platform to represent the latest evidence and practices, with the changing times, needs and requirements. We reserve the right to constantly review, update and replace the content and features of all the Study Materials, including but not limited to Offline Lectures, Question Bank, Test Series, Videos and Notes, which would be carried out at our discretion. We do not guarantee that any content or features, of the previous versions, would be made available on the Platform in the latest version.
7. We reserve all right to engage a different faculty or tutor or change the current faculty or tutor at any given point of time without any prior notification to the User.
8. Online Subscription and Access Terms
1. Except as set out in the provisions of the subscription model available on the Platform, no additional Study Materials will be provided by APESys.
2. Upon receipt of a confirmation e-mail from Us, the User will be notified when the User (only if you are a Subscribed User) has access to purchased services and for the length of time such access will be made available to the Subscribed User, subject however to Our absolute right to suspend or terminate access in accordance with these Terms of Use.
3. A tentative or confirmed subscription received is personal to Tentative or Subscribed User and he/she shall not transfer or share the right to access the Study Material or further sell the subscription or allow access to the subscription to any other person for consideration or otherwise. Such acts will be construed as contrary to These Terms of Use and in such a situation we reserve the right to suspend or terminate access to User account, with or without prior notice and solely at Our discretion.
9. (Offline + Online) Subscription and Access Terms
1. Except as set out in the provisions of the subscription model available on the Platform, no additional study materials will be provided by APESys.
2. Upon receipt of a confirmation e-mail from Us, the User will be notified when he/she (only if you are a Subscribed User) have access to online purchased services as well as time table for the offline lectures, and for the length of time such access will be made available to the Subscribed User, subject however to Our absolute right to suspend or terminate access in accordance with these Terms of Use.
3. A tentative or confirmed subscription received is personal to Tentative or Subscribed User and he/she shall not transfer or share the right to access the Study Material or further sell the subscription or allow access to the subscription to any other person for consideration or otherwise. Such acts will be construed as contrary to These Terms of Use and in such a situation we reserve the right to suspend or terminate access to User account, with or without prior notice and solely at Our discretion.
10. System Requirements
1. Please note that it is Your responsibility to check that the computer or device You plan to use to access the subscription is compatible with the minimum specification requirement that relates to the subscription You are opting for. You acknowledge and accept that We cannot be held responsible for any technical problems (including but not limited to playback of video content) with any systems, computers or devices You encounter following the commencement of the subscription.
2. Please find below the Minimum System Requirements for using our Platform:
3. We recommend the Latest version of Chrome. Other browsers may or may not be supported.
4. Please find below the Minimum Internet Speed requirement for using our Platform:
5. Please find below the Recommended Internet Speed for using our Platform:
6. Please note that the above mentioned has been derived based on User experience and is not conclusive or a guarantee that if the above-mentioned criteria is fulfilled, the Platform would work in the like manner. Other unforeseeable circumstances too must be considered while using the services on the Platform.
11. Modifications to Subscription
1. We reserve the right to make modifications, enhancements or issue clarifications (for example, clarification of doubt, interactive sessions) to the subscription, including but not limited to changes in Services, number of Services available, pricing and validity of Subscription duration.
2. When We make such changes, We may or may not notify the User of the same and the User will be bound by such modifications, enhancement, changes and amendments, as the case may be.
3. We have complete discretion to update the same with time, as We deem fit and cannot be challenged by the User at any time.
4. We do not guarantee that the contents or features of the previous versions would be made available post the launch of the new edition.
12. Technical Support and Access
1. We do not warrant uninterrupted or error-free operation of the subscription.
2. We are not obliged to offer the User any technical support in relation to his/her subscription other than the specific support that has been included as part of the subscription plan which he/she has opted for.
3. You also accept and acknowledge that We cannot be held responsible for any delay or disruptions to your subscription as a result of such suspension or any of the following but not limited to:
1. We shall not be liable for any interference, virus, hacking, or any such consequence, caused by any network or internet service providers and failure of device manufacturers to support DRM protocols.
2. User acknowledges and agrees that the suggestions and recommendation provided by Us on the Platform, are only suggestions, and he/she may comply with them at his/her choice and option.
3. The Website, the Services, and any content or information therein are provided "as is" without warranty of any kind, either express or implied, including without limitation, any implied warranties regarding suitability of information for a particular purpose, or non-infringement. We do not warrant, and hereby disclaim any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the content of the Website. We do not warrant that the Website will operate in an uninterrupted or error-free manner or that the Website is free of viruses or other harmful components.
4. Without limiting the foregoing, we do not warrant that the content made available on the Website, your access to the Website, or your ability to upload, modify, update, transmit and/or receive the information from or through the Website will not experience outages or otherwise be uninterrupted, timely, secure or error-free.
5. You expressly release us and where applicable our trustees, officers, employees, authorized representatives, and agents from any cost, damage, liability or other consequence of any use of the Platform by You.
6. We will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any causes which is beyond our reasonable control.
7. SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL WE OR OUR EMPLOYEES’, AGENTS, PARTNERS, AND CONTRACTORS’ AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE AFORESAID SERVICES TO YOU, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY US FROM YOU, FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS. IN THE EVENT THAT YOU ARE NOT A SUBSCRIBED USER, WE WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES.
8. In no event shall we be liable to the User and any third party, for any loss of profits (anticipated or real), loss of reputation, loss of data, or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not we have been advised of the possibility of such damages.
9. The Platform and Services are intended to be used within the jurisdiction of India only. Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You, nevertheless, all other provisions of these Terms remain in full force and effect.
1. We will process the information that we receive from User or otherwise hold about the said User in accordance with these Terms of Use and the Privacy Policy. The User consents to the use by us of such information in accordance with these Terms of Use and our Privacy Policy.
2. We are not responsible to the User for any data that he/she loses either (a) as a result of accessing the tutorial, or (b) as a result of accessing Study Materials, or (c) otherwise during the course of subscription. It is your responsibility to ensure that you regularly save and back up (i) all data which the User holds on the device from which the User is accessing the Services and (ii) all data that the User is inputting when completing a study module being offered.
1. An APESys account is meant to be used by only one User.
2. Sharing the APESys account credentials for both personal use or commercial purposes will result in account blockage without prior notice or warning. We reserve the right to do so.
3. We will track a number of parameters to assess and identify any form of sharing or unauthorized access.
4. If a violation of this policy is identified, it would amount to a substantial breach of the said Terms of Use and we would have all the rights to take any legal action as provided under the law of the land, including but not limited to termination/blocking your account permanently without any prior notice to you.
1. User agrees that he/she shall not use the services or the Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store material that:
1. If there is a suspicion of untoward or illegal activity, we may suspend your account immediately, or debar all future access by you to the Platform, or cancel your Subscription or take any action as we deem fit. The circumstances under which we may do so may include, but shall not be limited to, the following:
1. You acknowledge, consent, and agree that APESys may access, preserve, and disclose User account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: