TERMS OF SERVICES

These Terms & Conditions (“Terms”) of  (a) use of our website www.abstractclasses.in (“Website”), our application Abstract Classes (“Application”) or any products or services in connection with the Application, Website/products (inclusive of but not limited study material of which Mr. Narendra Kumar Sharma is sole copyright holder) (“Services”) or (b) any modes of usage of products or services, including through any storage/transmitting device are between Mr. Narendra Kumar Sharma (“I/We/Us/Our”) and its users (“User/You/Your”).

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.

Please read our Terms and the privacy policy (“Privacy Policy”) with respect to the use of our Application, Website, Services, and Products carefully before using the Application, Website, Services or Products. 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.

Your use/access/browsing of the Application and / or Website and / or the Services and / or Products (with or without payment/with or without a subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.

If You do not agree with the Terms or the Privacy Policy, please do not use the Application or Website or avail the Services or Products. Any access to our Services/Application/Products through registrations/subscription is non-transferable.

1. Except as mentioned below, all information, content, material, copyrighted material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services, and Products are Our proprietary property (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining our prior written permission and nothing on this Application or Website or Services shall be 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 Mr. Narendra Kumar Sharma, to the User. You may own the medium on which the information, content, or materials resides, but We shall at all times retain full and complete title to the information, content, or materials and all intellectual property rights inserted by Us on such medium. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such a third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks, and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party. None of the content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the material specifically made available for ‘downloads’ and sharing on social media on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact.

2. Your use of our products, Website, Application, and Services is solely for Your personal and non-commercial use. Any use of the Application, Website, Services or products or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Application, Website, Products, and/or our Services shall be subjected to the following restrictions:

• You may not decompile, reverse engineer, or disassemble the contents of the Application and / or our Website and/or Services/ Products 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 and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or our Website and / or Services/Products.

• You will not (a) use our Application and / or our Website and/or any of our Product/s and / or Service/s for commercial purposes of any kind, or (b) advertise or sell the Application or any Products, Services or domain names or otherwise (whether or not for profit), or solicit others or use any public forum for commercial purposes of any kind, or (c) use the Application and / or Website/our Products and Services in any way that is unlawful, or harms Mr. Narendra Kumar Sharma or any other person or entity as determined by Mr. Narendra Kumar Sharma.

• No User shall be permitted to perform any of the following prohibited activities while availing our / Mr. Narendra Kumar Sharma’s Services:

1. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
3. Transmitting material that encourages anyone to commit a criminal offense, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
4. Interfering with any other person’s use or enjoyment of the Application/Website/Services;
5. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
6. Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship unless You own or control the rights thereto or have received all necessary consents for such use of the content;
7. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
8. 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 Application/services, 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;
9. Access or use the Application/Website/Services/Products in any manner that could damage, disable, overburden or impair any of the Application’s/Website’s servers or the networks connected to any of the servers on which the Application/Website is hosted;
10. 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;
11. Disrupt or interfere with the security of, or otherwise cause harm to, the Application/Website/Services/Products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Website/Services/Products or any affiliated or linked sites;
12. Interfere with, or inhibit any user from using and enjoying access to the Application/Website/ Services/Products, or other affiliated sites, or engage in disruptive attacks such as the denial of service attack on the Application/Website/Services/Products;
13. Use deep-links, page-scrape, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services/Products, to access, acquire, copy or monitor any portion of the Application /Website/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/Products;
14. Alter or modify any part of the Services;
15. Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
16. Violate any of the terms specified under the Terms for the use of the Application /Website/Services/Products.

3. In the preparation of the Application/Website/Services/Products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, We and Mr. Narendra Kumar Sharma disclaim any responsibility for any errors and accuracy of the information that may be contained in the Application. Any feedback from User is most welcome to make the Application and contents thereof error-free and user friendly. We and Mr. Narendra Kumar Sharma also reserve the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither We and Mr Narendra Kumar Sharma nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

4. Our Website provides Users with access to compiled educational information and related sources. Such information is provided on an honest and fair basis and We and Mr. Narendra Kumar Sharma assume no liability for the accuracy or completeness or use of such information. We and Mr. Narendra Kumar Sharma shall not be liable to update or ensure continuity of such information contained on the Website. We and Mr. Narendra Kumar Sharma would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we and Mr. Narendra Kumar Sharma endorse the website(s). We and Mr. Narendra Kumar Sharma have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without Our prior written consent.

5. The contents of the Application/Services/Products are developed on the concepts covered in the structured curriculum syllabus/course prescribed for students of various courses in the number of Indian Universities. The usage of the Application/Services/products is not endorsed as a substitution to the curriculum-based education provided by the 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. We acknowledge that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Application/Services/Products does not imply endorsement of any particular method nor exclusion imply disapproval. The usage of Our Application/Services/Website/Products does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.

6. Certain contents in the Application/Services/Website/Products (in particular relating to assistance in preparations for administrative services) may contain opinions and views. We and Mr. Narendra Kumar Sharma shall not be responsible for such opinions or any claims resulting from them. Further, We make no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.

7. Some parts of the Services are interactive, and we encourage contributions by users, which may or may not be subject to editorial control before being posted. We and Mr. Narendra Kumar Sharma accept no responsibility or liability for any material communicated by third parties in this way. We and Mr. Narendra Kumar Sharma reserve the right at its /his sole discretion to remove, review, edit, or delete any content. Similarly, We and Mr. Narendra Kumar Sharma will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether We have certified and / or not certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.

8. We may, based on any form grant access to the Application (including free download/trials/tutorials) or Services or Website and / or Product and / or payment through any source whatsoever and / or contact You / the User through SMS, email, WhatsApp and / or call, to give information about Our / and Mr. Narendra Kumar Sharma products as well as notifications on various important updates and/or to seek permission for demonstration of Our / and Mr. Narendra Kumar Sharma products. The User shall expressly grant such permission to contact him/her through telephone, SMS, e-mail, WhatsApp and holds us and Mr. Narendra Kumar Sharma indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database. By giving certain permissions on our mobile, You agree to make your contact details available to Our employees, associates, and partners so that You may be contacted for education information and promotions through telephone, SMS, email, WhatsApp and all other modes not expressly mentioned herein.

9. While We may be based on the User’s confirmation, facilitate the demonstration of our products at the location sought by the User, the User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the Services and / or Products and that User has relied solely on the investigations, examinations, and inspections as the User has chosen to make and that we have afforded the User the opportunity for full and complete investigations, examinations and inspections.

10. Upon availing Our services and / or Products through any means whatsoever, we may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services. The User expressly permits Us to contact him/her and the User / student utilizing the Services and / or Products, through the above-mentioned means at any time post-payment for the same. Further, We shall have the right to monitor the download and usage of the Application/Services/Products and the contents thereof by the User/student, to analyze such usage and discuss the same with the User/student to enable effective and efficient usage of the Services and / or Products. The User expressly permits us to clear the doubts of the student using the Application/Services/online portal by answering the questions placed before him / her, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail on the express consent of the legal guardian/parent of the User or through any other forum.

11. Access to certain elements of the Services and / or Products including doubt clearance, mentoring services to name a few which may be subject to separate terms, conditions, and fair usage policy. We reserve the right to determine the criteria for the provision of various elements of Services and / or Products to the different categories of Users based on its policies. Hence, subscription to the Application/Services/Products or registrations do not automatically entitle the User to any and all elements of Services provided by Us and We shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw, or modify any of Our Services at Our discretion.

12. Our products and / or Services, including the Application and content, are compatible only with certain devices/tablets/instruments/hardware. We shall not be obligated to provide workable products and / or services for any instruments that are not recognized by Us or those instruments that may be purchased from any third party which are not compatible with Our products and Services. We reserve the right to upgrade the table/ type of compatible devices as required from time to time.

13. You have to specify the address to which the shipment has to be made at the time of purchase. All product(s) shall be delivered directly to the address as specified at the point of ordering and You cannot, under any circumstances whatsoever, change the address after the order is processed. In case of any change in the address, You need to specify the same to us in writing well in advance to the shipping date. Any inconsistencies in name or address will result in non-delivery of the product(s).

14. (a) For the return of product(s) damaged at the time of delivery, the shipping charges shall be borne by Us. However, for return any of the product(s) for any other reasons, it shall be the responsibility of the User to arrange for the return of such cancelled product(s) and the shipping charges shall be borne by such User. (b) We request You not to accept any product package that seems to be tampered with, opened, or damaged at the time of delivery. The products must be returned in the same condition as delivered by Us. Any products returned showing signs of any use or damage in any manner shall not be accepted for return. (c) All requests for the return of products have to be placed within 30 (fifteen) days from the date of delivery. Please note that no refunds shall be claimed or will be entertained post 30 (THIRTY) days from the date of delivery.

15. Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to avail for the Application and / or all Our products and / or all our Services. Persons who are minors, un-discharged insolvents, etc. are not eligible to register for Our products and / or Services. As a minor if You wish to use Our products and / or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. We will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application and / or any of Our products and / or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the Products and / or Services You warrant that all the data provided by You is accurate and complete and that student using the Application has obtained the consent of the parent/legal guardian (in case of minors). We reserve the right to restrict Your usage and / or refuse to provide You with access to the Products and / or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the Products and / or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that We do not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on the Application.

16. You agree to defend, indemnify and hold Us and Narendra Kumar Sharma, Our officers, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) Your use of and access of the Application/Website/Services/Products; (ii) Your violation of any term of Our Terms or any other policy; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services/Products has caused damage to a third party. This defence and indemnification obligation will survive these Terms.

17. In no event We and Mr. Narendra Kumar Sharma, Our officers, employees, partners or agents shall be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application/Website/ Services/Products.

18. In the event of You are in breach of these Terms, You agree that We will be irreparably harmed and may not have an adequate remedy in money or damages. We, therefore, shall be entitled in such an event to obtain an injunction against such a breach from any court of competent jurisdiction. Our right to obtain such relief shall not limit its right to obtain other remedies including damages.

19. Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that We can avail. In such instances, We may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.

20. All matters relating to your access to or use of this Website/Application shall be governed by and construed and enforced in accordance with the laws of the Republic of India. Any legal action or proceeding relating to your access to or use of this Website/Application shall be instituted in Delhi District Courts and the Delhi High Court. You agree to submit to the jurisdiction of and agree that venue is proper and restricted to Delhi District Courts and the Delhi High Court only.

21. We have the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features, or functionality of the Application or the Services as it deems fit at any time without notice. Further, We have the right to amend these Terms from time to time without prior notice to you. We make no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that We shall not be liable to You or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.

DISCLAIMER: THIS WEBSITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE EDUCATIONAL MATERIAL AVAILABLE ON THIS WEBSITE AND APPLICATION CAN ONLY BE ACCESSED FROM THIS WEBSITE AND APPLICATION. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION/PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY, AND NON-INFRINGEMENT. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.

THE WEB SITE MAY CONTAIN INFORMATION WHICH IS BASED ON THE SOLE VIEWS OF THE PROPRIETOR/AUTHOR AND MAY NOT BE ACCURATE AT ALL TIMES. WE EXPRESSLY DISCLAIM ANY OBLIGATION(S) TO UPDATE THIS WEBSITE/APPLICATION OR ANY OF THE MATERIALS ON THIS WEBSITE/APPLICATION. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE/APPLICATION. THIS WEBSITE/APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS TECHNICAL/ SPIRITUAL ADVICE OF ANY MANNER.

THROUGH THIS WEBSITE/APPLICATION, THE AUTHOR DOES NOT INTEND TO CLAIM ANY RIGHTS OVER THE THIRD PARTY ARTICLES/ LINKS. THE IMAGES PROVIDED ON THIS WEBSITE/APPLICATION ARE FOR THE PURPOSES OF NARRATION ONLY AND DOES NOT IMPLY ANY AUTHORIZATION/ ASSOCIATION/ PERMISSION ON THE PART OF THE INDIVIDUALS TO THE AUTHOR. THE CONTENT OF THIS WEBSITE/APPLICATION ARE NOT INTENDED TO HARM, ENCOURAGE HARM, LIBEL, OFFEND OR MALIGN ANY RELIGION, ETHNIC GROUP, CLUB, ORGANIZATION, COMPANY, OR INDIVIDUAL.

22. General Provisions:

• Notice: All notices served by Us shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to abstract4math@gmail.com.
• Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitute the entire agreement between Us and You with respect to Your access to or use of the Application, Website and the Services thereof.
• Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. Our rights under the Terms are freely transferable by Us to any third parties without the requirement of seeking Your consent.
• Severability: If any provision of the Terms of Use is found to be invalid, unlawful or unenforceable in any respect under any applicable statute or rule of law, it shall to that extent be deemed omitted, and the balance of this Terms of Use shall be enforceable in accordance with its terms.
• Waiver: Any failure on Our part to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Us of that provision or right.
• Relationship: You acknowledge that Your participation in the Application, does not make You Our employee or agency or partnership or joint venture or franchise.
• We provide these Terms so that You are aware of the terms that apply to your use of the Website/Application and Services. You acknowledge that, We have given You a reasonable opportunity to review these Terms and that You have agreed to them.

23. Feedback:

• Any feedback You provide with respect to the Website/Application shall be deemed to be non-confidential. The Website/Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or third parties; (ii) We are not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the Feedback already under consideration or in development, and (iv) You are not entitled to any compensation or reimbursement of any kind from Us for the feedback under any circumstances unless specified.
• Under no circumstances, We shall be held responsible in any manner for any content provided by other users even such content is offensive, hurtful, or offensive. Please exercise caution while accessing the Application.

24. Customer Care: We make all the best endeavours to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at abstract4math@gmail.com.