User’s Terms and Conditions
[Last Updated on Date: 24.12.2021]
This User Terms and Conditions, as amended up to date, (this ‘Agreement’) comprises terms of browsing, use, access or availing services of website including related sub-domains, hyperlinks, pages and tools (‘Website’); and processing of your data/information/personal data through the Website.
‘Thomson Digital [A division of Thomson Press (India) Limited]’, having its registered office at F-26, Connaught Place, New Delhi – 110001, India (the ‘Company’) is the owner and operator of the Website. These Terms and Conditions constitute a legal binding Agreement between the company and you pertaining to your use, access, or availing services and sharing your data through the Website.
If you have any question, comment and/or request regarding this Agreement, you may please contact us at email@example.com.
1.1 All ‘services’ provided by us through the ‘Website’ will be governed by this Agreement.
1.2 This Agreement is applicable to the visitor(s) who access or browse the Website, in any manner (‘visitors’) and those who register or log in the Website (‘subscribers’).
1.3 Words ‘you’ or ‘your’ or ‘user’ as used herein, refer to the visitor(s) as well as the subscriber(s).
2.1 By browsing, using, accessing, or availing the services of the Website, in any manner, you represent, agree, acknowledge and consent that:
2.1.1 You are eighteen (18) years of age or you have attained the age of majority as per the applicable law or that you are legally capable to enter into a binding contract.
2.1.2 You have thoroughly read, understood and agreed to be bound by terms this Agreement.
2.1.3 This Agreement is binding and enforceable against you; and
2.2 Persons who do not meet above criteria are strictly forbidden from browsing, using, accessing, availing its services or viewing the contents of the Website.
2.3 We shall not be liable to compensate any damages caused to a person upon using the Website who do not meet above criteria. Any person who do not meet the afore-stated criteria shall be liable for their own actions.
2.4 If you do not agree to these terms & conditions the terms of this Agreement, you should not register or avail our ‘services’
3.1 You are not authorized to browse, use, access or avail our services, in any manner, unless you agree to the terms of this Agreement. You are required to provide agreement, consent or acceptance of this Agreement. Such acceptance of this Agreement need not to be a physical signature since electronic acceptance of this Agreement is permitted by the law. Thus, you agree that you manifest your consent to this Agreement by any of your following acts demonstrating your assent thereto:
3.1.1 By clicking a button containing the words ‘I agree’or some similar syntax. You should understand that this has same legal effect as you placing your physical signature on any other legal contract; or
3.1.2 If you click on any link, button, or other device provided to you on any part of Website interface, you have legally agreed to the terms of this Agreement; or
3.1.3 By browsing, using, accessing the Website (or any page) or availing our services in any manner, including uploading your information or content on the Website, you understand and agree that you provide your complete and unconditional acceptance of all the terms of this Agreement.
3.2 No act or omission by us should be interpreted as a waiver of the requirement that you assent to this Agreement.
4. Modification of this Agreement
4.1 We have reserved our right to modify this Agreement from time to time without any prior notice to you. All such modification shall immediately be effective as and when posted on the Website.
4.2 Once modification or revision is posted, the prior version shall be superseded by the modified version. The modified or revised version shall be immediately applicable to all users and for that no further assent or consent shall be required from the user, and all users shall be binded/bound by such modified or revised version.
4.3 To the extent any such modification or revision is declared or deemed ineffective by any law or court of law, the parties intend that prior or effective version of this Agreement shall be considered valid and enforceable to the fullest extent.
4.6 If you fail to periodically review this Agreement to determine if any changes or modifications have been made, you assume all responsibility of such failure and you agree that such failure amounts to your affirmative waiver of your right to review the modified terms. We shall not be liable for such neglect and for any damages caused due to such negligence of the user.
5. Incorporation by reference
6.1 Following terms or words as appearing in this Agreement, unless repugnant to the context and meaning thereof, shall have the meaning ascribed to them:
- ‘Company’: denotes ‘Q&I’ having its registered office F-26, Connaught Place, New Delhi – 110001, India (the ‘Company ’) which is the owner and operator of Website . Company has also been referred in this Agreement as ‘we’, ‘us’, ‘our’, ‘ours’, etc.
- ‘Information’: includes ‘Personal Information or Personal Data.
- ‘Member’ denotes the subscriber.
- ‘Parties’ shall denote jointly the company and you.
- ‘Personal data’ or ‘Data’ includes ‘Personal Information’ or or ‘Personally identifiable information’
- ‘Personal Information/’: shall mean any document/information you provide to us and shall include, without limitation, ‘your name’, ‘phone no.’, ‘your address’, ‘date of birth’, ‘email address’, ‘gender’, ‘photograph’, ‘occupation’, or credit card or debit card or net banking, other payments details, your identity proof document number, addressee proof document no, details from data base, social media activity, login id, password and similar other information.
- ‘Processing’: whenever referred means handling of your Personal Data by us, including collecting, protecting and storing your Personal Data.
- ‘Services’: shall denote the services/ subscription services and also those which may contain images, contents including but not limited to text, audio-video content, software, image, graphics, data, message or any other information, website content owned, operated, licensed or controlled by the company.
- ‘Subscriber’ denotes a person who registers himself/herself by creating a user account.
- ‘You’ or ‘User’: denotes Visitors (who browse, use or access website without registering or becoming subscribers) and the Subscribers (who register themselves with the Website as member).
6.2 The Terms and Conditions herein in this Agreement shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine.
6.3 Unless the context otherwise requires, the terms ‘herein’, ‘hereof’, ‘hereto, ‘hereunder’ and words of similar import refer to this Terms and Conditions as a whole.
6.4 The headings and subheadings herein are used for convenience only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Terms and Conditions.
7.1 The User may access certain area without requirement of registration. However, to avail full services of the Website you are required to become member by subscribing the services of the Website. The use, access or availing the services of Our Website shall be at your sole responsibility.
7.2 The Website may come with various Subscription plans, and you may subscribe Subscription plan of your choice. The access to the Website may be limited according to such Subscription plans. Such Subscription plans may be revised, updated, modified, changed, or any of the subscription plans may be suspended, stopped, ceased by the company, at its sole discretion.
7.3 By accessing the Website, you certify that:
7.3.1 You are using the Website solely for personal and non-commercial purposes; and
7.3.2 You will not copy or distribute any part of the Website without our prior written authorization; and
7.3.3 You will fully comply with the terms of this Agreement.
7.4 The access to the Website, in any manner (whether registration or without registration) is subject to the term of this Agreement. Further, rights granted to the User hereunder is limited, revocable, non-exclusive, non-transferable and non-assignable and is granted to access, view and otherwise use the Website (including, without limitation any information or services provided on or through the Website) for personal, lawful use only.
8. Subscription or registration
8.1 To avail full services of the Website you need to subscribe our services by creating a User Account. You must register as a member of the Website including by creating user account with password, providing certain required information and payment of the subscription fee.
8.2 We, at our sole discretion, reserve the right to refuse registration of, or cancel or restrict the usage of the Website for any User.
8.3 Please note that you, at your own cost, (a) need to have provision for internet access and (b) provision for hardware and software to access the Website or its services. Payment of subscription fee is only to avail the Website’s services.
8.4 We have safeguards to protect passwords of the Users and against any unauthorized access, alteration, destruction, disclosure or dissemination of records and data provided, however, all Users shall also be responsible for protecting the confidentiality of any passwords created on the Website.
8.5 Users are solely responsible for any activity that occurs on their Account and for maintaining the confidentiality of their Account. Users are prohibited from: (i) using another User’s account; (ii) impersonate another User; (iii) create a log in name for any Account that is offensive, vulgar or obscene or otherwise unlawful. If any of the above-mentioned activities take place, the User shall immediately notify us.
9. Subscription fee
9.1 To fully avail the services of the Website you need to register by payment of the prescribed subscription fee (please refer appended subscription agreement). The subscription fee is liable for revision from time to time, at the sole discretion of the Company and without any prior notice or information. Subscription fee shall be valid for a particular period and shall be liable to be renewed periodically.
Trial: Provided however that the Visitor may avail a free trial period of 7 days and pursuant to expiry of trial period you must renew your subscription to avail services. During trial period, your access may be restricted only to few services.
9.2 We may, at our sole discretion, introduce new services and modify some or all of the existing services offered. In such an event, we reserve our right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
9.3 Changes to the subscription fee or fee policies shall be posted on the Website and shall automatically become effective immediately. Unless otherwise stated, all fees shall be quoted in INR (Indian National Rupees)and be payable to Company at the time of subscription or renewal of subscription. The entire fee mentioned may not include any applicable taxes which will be charged in addition to fee. In case of any non-payment, we have the right to temporarily/indefinitely suspend the user’s subscription or membership of the Website and reserve the right to take legal action.
9.4 The User can pay the Company through certain gateway services available on the Website or other modes prescribed (which may include payment through Debit/Credit cards, Net banking, Wallets, etc.).
9.5 The Payment methods may differ from platform to platform (Operating systems). In the event your subscription period expires, we reserve our right to auto-renew your subscription through your authorized payment method, provided such payment method offers the service of auto-renewal. You hereby authorize us to affect such auto-renewal. In event you desire to discontinue your auto-renewed subscription, you may contact us at firstname.lastname@example.org.
9.6 All fees and charges are non-refundable and there is no refund or credits for partially -fully used periods and/or unwatched content.
9.7 You agree to provide current, complete and accurate account information for all subscriptions.
9.8 You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you when needed.
10.1 The Website shall contain images and contents including but not limited to the text, audio, video, images, graphics, data, messages, software or any other contents and information owned, operated, licensed or controlled by the Company (the ‘contents’ or ‘Materials’).
10.2 You acknowledge, understand, and assent that:
10.2.1 Your access to the Website and its Services are voluntarily, willingly and for your own personal purposes.
10.2.2 All the Materials available via Website or its services whether posted publicly or transmitted through our messaging services or messaging services of the Third Parties, are the sole responsibilities of the Party from whom the contents originated.
10.2.3 You are entirely responsible for the contents you upload, post, transmit, email, message or otherwise publish via our Website or Services.
10.2.4 We reserve our right, at our sole discretion and with no obligation to do so, to periodically monitor, member’s profile and forums within the Website and delete the User’s content, pictures, message, forum post or profile that are deemed, at our sole discretion to be illegal, immoral, offensive and in violation of the spirit of this Agreement.
11.1 You agree that:
11.1.1 You will not to use the Website for any illegal purpose. Your use or access to the Website or its services is for the purpose expressly permitted or contemplated under this Agreement.
11.1.2 You will not to copy, distribute, transmit, display, perform, reproduce, publish, License, reverse engineer, create derivative works from, transfer, or sell any information, software, products, services or intellectual property obtained from the Website in any manner whatsoever.
11.2 You further agree that you will not:
11.2.1 create, post publish or submit anything (including image, photographs or other Materials) that is unlawful, pornographic, defamatory, libelous, obscene, threatening, harassing, discriminatory, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, rules or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content.
11.2.2 interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Website;
11.2.3 violate any copyright notices, information, restrictions contained in or associated with the Website;
11.2.4 remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on the Website;
11.2.5 do anything on the Website that would prevent other users’ access to or use of the Website;
11.2.6 frame or utilize any framing techniques in connection with our Website or any of the Materials contained therein.
11.2.7 use our Website or services or any Materials contained therein, for a public display, public performance, sale or rental.
11.2.8 create any derivative works based on our Website or any of the Materials contained therein or received by our services.
11.2.9 duplicate any part of our Website or the Materials contained therein or received via the services.
11.2.10 collect or store personal data about other users or members including via the use of any data mining, bots or similar gathering and extraction tools.
11.2.11 stalk or otherwise harass any other member or User of the Website;
11.2.12 intentionally or unintentionally violate any applicable local, state, national or international law and any regulation having force of law.
11.2.13 interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies, regulations of networks or third party providers connected to the Website.
11.2.14 impersonate any person or entity or falsely state or otherwise misrepresent your affiliation to any person or entity.
11.2.15 circumvent any encryption or other security tools of the Website or its services.
11.2.16 will not use any other user’s name and passwords to gain access to the Website.
11.2.17 sell, rent, lease, license, sublicense, distribute, re-transmit, transfer, assign the Materials or services or any of your rights under this Agreement.
11.2.18 share other Member’s information unless express consent is given by such Member to you to do so.
11.2.19 upload files that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the operation of the Website or its services.
11.2.20 falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of origin, or source of software or other material contained in the file that is uploaded.
11.2.21 restrict or inhibit any other user form using and enjoying our services.
11.2.22 harvest or otherwise collect information about others, including email addresses, or other personally identifiable information.
11.2.23 create a false identity, including misrepresented real age, location, country of residence, country of origin, religion, height, weight and any other item of personal description for the purpose of misleading us or others.
12. User’s further covenant
12.2 We will have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms and forums that may be included as part of the Website, to determine compliance with Applicable Laws. Without limiting the foregoing, we will have the right to: (i) remove, suspend, edit or modify any content in its sole discretion without notice to the User; (ii) to remove, suspend or block any User submissions from the Website; and (c) access, read, preserve and disclose any information as required under Applicable Law.
12.3 All trademarks, patents, copyrights and other intellectual property rights owned by the company shall continue to be owned by it, and, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the User.
12.4 The User will cooperate with us in causing any unauthorized use to cease immediately. You are solely responsible for submitting any material that violates the national and international laws, even if a claim arises after your service is terminated and by doing so, your action shall constitute a material breach of this Agreement. Nothing contained herein this Agreement shall obligate us to monitor or investigate any use of our services by our users or other third parties, other than what required under the applicable law.
12.5 If you willingly provide wrong information to the Website, such an act would constitute misrepresentation, fraud and cheating.
12.6 If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
12.7 We reserve our right to delete any content or link without any notice or warning to the User.
13.1 Reserving other available remedies with us, we may limit your activity and/or immediately remove your Information and/or warn other users of your actions and/or immediately temporarily/indefinitely suspend or terminate or block your membership and/or refuse to provide you with access to the Website or services in the event:
13.1.2 If we are unable to verify or authenticate any information you provided, or
13.1.3 If we believe that you have breached any applicable law, or
13.1.4 If you acted in any manner which is prejudicial or harmful to the interest of the Company/Website or other Users, or
13.1.5 If we believe, in our sole discretion, that your actions may cause legal liability for you, our users and us, or
13.1.6 We decide to cease operations or otherwise discontinue any services or option provided on the Website or parts there of.
13.2 You agree that neither we nor any third party acting on our behalf shall be liable to you for any termination of your account or access to any part of the Website or Services.
13.3 A User that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such User is reinstated by us. Till the time the account of User is reinstated, all rights of the User under this Agreement shall be suspended.
13.4 To maintain the integrity of the Website and services, or to investigate the complaints, you agree to allow us to access your account and other information you have submitted or created as long as it is reasonably required for investigation of the complaint or protect the services.
13.5 You agree that you will not use our services to publicly discuss any infractions, warnings, or banning. You must discuss any concerns with us directly.
13.6 If you provide any information that is untrue, inaccurate, nor current or incomplete or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have right to suspend or terminate your account and refuse any current or future use of the Website and its services.
13.7 Once the User’s registration or the services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.
13.8 Any fee paid hereunder is refundable as per refund policy
13.10 Any User accessing the Website in an effort to engage in or facilitate illegal or tortious activities shall have his/her account and/or access to the Website and services subject to immediate cancellation and may be reported to appropriate law enforcement agency.
14. Legal remedy in case of breach
14.1 In case of breach, we will be entitled to sue you and to claim damages and if your act is criminal, to start criminal or other proceedings against you, particularly:
14.1.1 This Website is not meant for business entity or commercial concern or for commercial use. All Materials and services available on the Website are for individual private use only. We reserve our right to pursue vigorous legal action against unauthorized log in by business or commercial entities.14.1.2 We reserve the right to initiate legal proceedings against user for fraudulent use of the Website and any other unlawful acts or omissions in breach of the terms of this Agreement.
14.1.3 We take credit/debit card or internet/cyber fraud seriously. Discovery that any member has used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of such Member’s account.
14.2 You will be subject civil as well as criminal liability, if you provide any information that is untrue, inaccurate, nor current or incomplete or if we have reasonable grounds to suspect that such information is untrue, in accurate, not current, or incomplete.
14.3 The term ‘Damages’ includes the cost of litigation, attorney fee and other cost and expenses.
15. Liquidated damages
15.1 Without prejudice to our right to other remedies or damages, you are liable to pay the company following liquidated damages:
15.1.1 If you are infringing Intellectual Property Rights of the company, in any manner, you will be liable to pay the company damages as demanded exclusive of fees, cost, expenses incurred for recovering this damage, attorney’s fee, litigation cost and all associated cost and damages.
15.1.2 If you translate, reverse-engineer, decompile, disassemble or make derivative work from our Material or any other Materials of our Website, you will be liable to pay the Company damages as demanded exclusive of fees, cost, expenses incurred for recovering this damage, attorney’s fee, litigation cost and all associated cost and damages.
15.2 For any breach of a portion of this Agreement that does not specifically state the amount of liquidated damages, You hereby agree that any breach of this Agreement shall result in liquidated damages of -INR per occurrence, exclusive of fees, cost, expenses incurred for recovering this damage, attorney’s fee, litigation cost, and all associated cost and damages.
15.3 You acknowledge that the amount of liquidated damages is not a penalty. The actual damages may be uncertain and difficult to ascertain, thus the aforesaid amount represents parties good faith attempt to calculate an appropriate compensation based upon anticipated actual damages.
16.1 Notwithstanding anything contrary contained in this Agreement or can be inferred from the terms of this Agreement:
16.1.1 The company/Website disclaim any or all liability arising from the fraudulent entry and use of the Website or any personal or financial information of the user stored in the Website.
16.1.2 The company/Website shall not be liable for any delay in the services on the Website, including but not limited to the provision of or failure to provide the services, or for any information, software, products, services and related graphics obtained from the Website.
16.1.3 The company/Website shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any other reason whatsoever.
16.1.4 You agree that any content or data downloaded or otherwise obtained from the Website is done entirely at your risk and you will be solely responsible for any damage to your equipment including a phone, internet access, etc., or any other loss that results from downloading such data or content.
16.1.5 The website, service and content are provided ‘as is’, ‘as available’ and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
16.2 Your use of the website, service, content and add-to link is solely at your sole risk. We further disclaim all warranties, express or implied in connection with the use of the Website in respect of:
16.2.1 Personal injury resulting from the access and use of the Website.
16.2.2 Transmission from our Website any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Website by any third party.
16.3 You understand that the company/Website or its affiliates have no obligations to verify any information submitted by a user and have assumed that the same are true, correct and complete in all respects.
16.4 The Website or its service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company/Website makes no representations concerning any content contained in or accessed through the Service and the Company/Website will not be responsible or liable for the accuracy, compliance, legality or decency of material contained in or accessed through the Website or its service.
16.5 The company/Website makes no warranty that (a) the Website will meet your requirements; (b) the Website will be available on an uninterrupted, timely, secure or error-free basis.
16.6 The company/Website or its affiliates make no representation or warranty, express or implied, with respect to any third party data provided to us or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. The Company/Website shall not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by us or ‘force majeure’ or any other cause beyond our control.
16.7 The company and its affiliates, shareholders, directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements.
16.8 You hereby discharge, acquit and otherwise release the Company (including its affiliates, subsidiaries, agents, employees, officers, directors, shareholders, attorneys etc.) from all the allegation, counts, charges, debts, cause of action and claims relating in any way to the use of, or activities relating to the use of the Website and its services.
17. Limitation of liability
17.1 The company/Website (and its affiliates, group companies, subsidiaries, respective officers, employees, directors, shareholders, agents, or licensors) shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (i) the use or the inability to use the Website or its services; (ii) the cost of procurement of the services; (iii) unauthorized access to or alteration of the Visitor/User’s transmissions or data; or (iv) any other matter relating to the services including damages for loss of use, data or profits, arising out of or in any way connected with availing of the services through the Website.
17.2 The company/Website (and its affiliates, group companies, subsidiaries, respective officers, employees, directors, shareholders, agents, or licensors) shall not be responsible for any act or omission which could be attributable to a default of any other person over which we do not exercise control, including without limitation any error or failure or inability of the network service provider.
17.3 The company/Website (and its affiliates, group companies, subsidiaries, respective officers, employees, directors, shareholders, agents, or licensors) liability in any circumstance is limited to the amount of fees, if any, paid by you to the company.
18. Communication & opt out
18.1 We reserve our right to send electronic mail or other messages to you and other members. You understand and agree that the emails sent by us or our affiliates are not SPAM. The purpose of the communication with you may include (but not limited to):
18.1.1 Provide you information regarding our product or services.
18.1.2 Inform you of any change or status of your Account.
18.1.3 Any other information.
18.2 If you are no longer interested in receiving e-mail announcements and other marketing information from us, you can opt-out anytime by sending an e-mail about your request to email@example.com.
19. Third party links/advertising
19.1 We do not endorse any advertiser on our Website in any manner, and you are requested to verify any accuracy of any information of any third party on your own before relying on any such information.
19.2 The Website may contain links to other Websites. The availability of such third party websites, services or material does not constitute any form of recommendation, advice, endorsement or publication of any such third party websites, services or material. We are not responsible for their availability or content. We are not responsible for the Materials contained at any website linked to our Website.
20.1 You agree to indemnify, defend and hold harmless the company (and its Parent, subsidiary, affiliates, group companies and their directors, officers, employees, agents, third party service providers and any other third party providing any service to us in relation to the services provided on the Website) from and against all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including litigation cost and attorney’s fee) arising from or relate to:
20.1.1 Your use or misuse of or access to the Website or its service,
20.1.3 Infringement by you, or any third party using the your account, of any intellectual property or other right of the company,
20.1.4 Any claim that your content caused damages to a third party.
20.2 This defense and indemnification obligation will survive the termination of this Agreement and your use of the Website.
20.3 We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
21. Ownership/Intellectual property rights
21.2 Except as expressly set forth herein, nothing in this Agreement shall be deemed to confer any rights to company’s intellectual property on the User. For purposes of clarity: Company is the sole owner of the name ‘Q&I’ as well as the Website, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from you to company regarding the Website shall, upon submission to Company, be owned solely and exclusively by company. In addition, company shall be entitled to post feedback at the Website (and/or allows others to do so), both positive and negative, regarding any user.
21.3 You acknowledge and agree that the applicable supplier(s) of any third party software included within the Website shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein).
22. Export control
22.1 You understand and acknowledge that Software elements of Materials on the Website may be subject to the regulations by the related agencies or laws of a Particular country/state/nation, which may prohibits export or diversion of software and other good to certain country and third party. Thus, you will not assist or participate in such diversion or other violation of the applicable laws and regulations.
22.2 You agree that none of the Materials which are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to otherwise denote a partnership, employer-employee relationship, principal-agent relation, joint venture, or formal business of any kind, and the rights and obligations of the parties shall be limited to those expressly set forth herein.
All notices and communications from you to company in relation to the Website (including the termination of any of the services etc.) shall be in writing. You shall be deemed to have been given a notice by the Company if sent by an email, SMS or posted within the Website. Notice shall be deemed to have been served within 48 (forty eight) hours after it has been sent, dispatched by registered post or other similar medium, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
25. Force majeure
The company is not liable for failure to perform any of its obligations if such failure is as a result of Force Majeure Situation e.g. Acts of God, fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, robbery, theft of data or any interruption or any failure of electricity or server, system, computer, internet or telephone service, Governmental or judicial action.
26. Dispute resolution
26.1 All dispute between the Parties related to this Agreement or Website shall be first compulsorily be attempted to be resolved by the Parties in good faith.
26.2 If Parties are unable to resolve the dispute then the parties agree that dispute shall be referred to and finally resolved by arbitration under the provisions of Indian Arbitration & Conciliation Act, 1996 (as modified or amended up date). The number of arbitrator shall be one and shall be appointed by us/company, and the seat or legal place of arbitration shall at Delhi.
26.3 There shall be no wavier of the right of arbitration, unless such wavier is provided affirmatively and in writing by the waiving Party to the other party. There shall be not implied waiver of this right to arbitration.
26.4 No action, regardless of form, arising out of or in conjunction with the subject matter of this Agreement, except for claims involving Intellectual Property rights, claim to recover outstanding amount to us and claims for indemnification, maybe brought by a Party more than One (1) year after the cause of action arose.
27. General provisions
27.1 If any provision of the Terms and Conditions is determined by laws or court of law to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
27.2 This Agreement constitutes the entire agreement between Company and you and supersedes and extinguishes all previous agreements, promises, assurances, representations, warranties and undertakings, whether written or oral.
27.3 Failure by the Company to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
27.4 Company may assign any of its responsibilities/obligations to any other Person without notice to you, at its sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under this Agreement to any other party, unless a written consent is taken from Company.
BY CLICKING THE BUTTON ‘I AGREE’ OR ‘I ACCEPT’ OR ‘ACCEPTED’ OR SIMILAR SYNTAX YOU AGREE TO THE TERMS OF THIS AGREEMENT BETWEEN THOMSON DIGITAL, a unit of Thomson Press India Limited, having its office at B-10/11/12, Plot No. 129, NSEZ, Noida, Uttar Pradesh – 201305, hereinafter referred to as “Service Provider” or “Company” AND YOU i.e. Subscriber.
1.1 Website: For the purpose of this agreement the website i.e. www.qandi.com.
1.2 Service Plan is a document that defines and specifies the terms of the services provided with the subscription on website.
1.3 Date of Commencement is the day on which the Subscriber has purchased the subscription from the service provider.
1.4 Course is the NEET and JEE educational content including but not limited to theoretical content, video tutorials/ lectures, pictures, data, graphics, questions and solutions.
1.5 Service Period/ Term of Service is the time duration for which the subscription shall last.
1.6 Subscription Fee is the amount payable by the subscriber in exchange of the data and services provided by the service provider for successful purchase of the subscription as per the subscription plan.
1.7 Accept button is the button clicked by the subscribers in order to provide their acceptance to the Subscribers’ agreement here in after.
2. SERVICE PERIOD
2.1 Subscriber may choose to start with the free trial period of 7 days. After the expiration of the trial period, or otherwise to avail website services, the subscriber shall purchase the subscription plan as per subscription plans (which may revised from time to time) provided by the service provider.
2.2 The service provider shall provide the services under this agreement for 1 (one) year from the date the subscribers subscribes the services.
2.3 The Subscriber upon his/her/their discretion can unsubscribe or cancel the subscription, however, he/she/they shall NOT be entitled to any refund for the remainder service period.
3.1 To access the website and use certain Services, subscriber will be required to register and create an account on the Website by providing the requested details which shall be treated as ‘Confidential information’ by the service provider.
3.2 Subscriber can avail free trial period. During the trial period, the Subscriber may not be able to excess full service. Please review the Service offerings on the Website.
3.3 The service provider shall provide a 7 days’ free trial. However, the contents of such trial period shall be limited and will be in accordance with the discretion of the service provider.
3.4 Purchase of a Subscription/ course will allow the subscriber to access only to the content available under the category of course for which the subscriber has purchased the Subscription and as per subscription plan.
3.5 The service provider grants the subscriber a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of the Services.
3.6 The website shall provide all the services as described under the “Course Description” of each course.
3.7 The service provider shall provide content including but not limited to text, audio, video, images, graphics, data, messages, software or any other contents and information in relation to the course subscribed by the subscriber.
3.8 The service provider shall conduct regular test series on the website corresponding to the course subscribed by the subscriber.
3.9 All services are subject to amendment as per the any changes made in the exam pattern.
3.10 Any additional services demanded by the subscriber shall be payable by the subscriber.
4. FEES AND PAYMENT TERMS
4.1 Subscribers can purchase a Subscription Service of their choice for any category(ies) of content by following instructions on the Website and making the payment applicable for the Subscription Subscriber intend to purchase.
4.2 Payment term for all courses shall be of one (1) year from the date of availing the subscription.
4.3 The subscriptions can be renewed for another one (1) year upon request of the subscriber and on payment of subscription fee. However, the subscription fee is subject to revision and/or modification upon the discretion of the service provider.
4.4 If the subscriber has not completed payments for Subscriptions, the service provider shall not make the contents of the subscription accessible until the subscription fee is paid in full.
4.5 The 7 days’ trial period shall be unpaid and free of cost. However, after expiration the same the subscriber will have you buy the subscription plan in order to avail the benefits thereto.
5. SUBSCRIPTION RENEWAL
5.1 After the expiration of an existing subscription on the website a subscriber can, upon their discretion avail for a renewal of the subscription.
5.2 Subscription Period may be extended upon renewal of your already purchased Subscription. The terms of renewal, if any, can be found on our website . However, please note that the prices may stand revised from the time of your first purchase of the Subscription
6. TERMS OF SUPPLY OF SERVICES
6.1 The Subscriber can avail the services only after purchasing the subscription of the course i.e. after successful payment.
6.2 All services shall be supplied for a limited and specified duration, depending upon the specifications and terms of each course.
6.3 After expiration of each subscription the service provider shall stop the flow of content and only after renewal of the subscription the service provider shall be able to access the information / contents of the said course.
6.4 The service provider is entitled to revise and modify the price of the subscription plans at any time without any prior notification or providing any notification of the same.
7. RESPONSIBILITIES OF SERVICE PROVIDER
7.1 The service provider shall provide easy accessibility of the website and content thereto to the subscriber upon purchase of any course. However, the content shall be limited to a particular course which is purchased by the subscriber.
7.2 It is the responsibility of the service provider to provide the content and information to the subscribers which is original, authentic, licensed and true. However if the service provider is to share any such content that belongs to any third party, the service provider shall make sure that it does not infringe the Intellectual Property Rights of the owner of such content.
7.3 In case any difficulty is faced by the subscriber which arises due to any technical fault, negligence, improper or insufficient service of the service provider, the subscriber shall notify at earliest. The notice shall contain details of the issue/ problem and specific time that will be required to resolve any such issue.
8. SUBSCRIBER’S OBLIGATION
8.1 The Subscriber shall provide accurate, complete and truthful information at all times to the service provider both in the Certificate Request and as otherwise requested by the service provider.
8.2 The subscriber shall not infringe the Intellectual property rights of the Service Provider by unauthorized sharing the contents of the website with any third party.
8.3 The Subscriber shall take all reasonable measures to ensure control of, keep confidential, and properly protect at all times the information that corresponds to confidential information of the service provider under clause 1 of the agreement.
8.4 The subscriber shall not share the login details and password with any other person. If shared, the subscriber shall be liable to compensate the service provider, if required, for any loss and damages incurred or information leaked.
Scope of Confidentiality. Subscriber agrees that all code, inventions, know-how, or business, technical, and financial information disclosed to on website or by service provider, constitute the confidential information of the service provider. Personal Data is considered Confidential Information. Confidential Information will not, however, include any information that:
(a) was publicly known and made generally available in the public domain
(b) becomes publicly known and made generally available due to no fault of subscriber,
Non-Use and Non-Disclosure. Subscriber agrees to:
(a) not disclose any Confidential Information to third party, and
(b) not use Confidential Information for any purpose other than as necessary to exercise its rights or perform its obligations hereunder.
Processing of Personal Data. Notwithstanding the provisions of this section, subscriber agrees that the service provider may process Personal Data as necessary for:
(a) storage and processing in accordance with the Agreement and applicable Order Form(s);
(b) processing initiated by Users in their use of the Services; and
(c) processing to comply with other documented reasonable instructions provided by User (e.g. via email or support tickets) where such instructions are consistent with the terms of the Agreement.
To the extent that Subscriber is subject to a local data privacy law , then Subscriber agrees to request from the service provider a data protection agreement prior to providing any Personal Data to the service provider.
10. INTELLECTUAL PROPERTY RIGHTS (PROPRIETARY RIGHTS OF THE SERVICE PROVIDER)
10.1 The Website shall contain images and contents including but not limited to the text, audio, video, images, graphics, data, messages, software or any other contents and information owned, operated, licensed or controlled by the service provider and is the intellectual property of the service provider and the service provider holds absolute rights over all such content.
10.2 Using the Services, provided by the Service provider, does not give you ownership of or any intellectual property rights in our Services or the content you access.
10.3 The content available on the website shall not be posted and/or printed on any other online or offline platform without a prior consent of the service provider.
10.4 The subscriber shall not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content including but not limited to the text, audio, video, images, graphics, data, messages, software or any other contents and information owned, operated, licensed or controlled by the service provider unless we give you explicit permission to do so in a written agreement signed by a the Service provider.
10.5 If any subscriber violated the Intellectual property rights of the service provider, he/she/they shall be liable to compensate the service provider.
11. TERMS AND CONDITIONS
12. TRIAL PERIOD
12.1 The subscription may start with a free trial. The duration of the free trial period of the subscription shall be of 7 days. The service Provider determines free trial eligibility at its sole discretion and may limit eligibility or duration.
12.2 The Service Provider reserves the right to terminate the free trial and suspend the subscription if it determines that the subscribers aren’t eligible.
12.3 The Service Provider will charge the subscription fee for the next billing cycle at the end of the free trial period. The subscription will automatically renew according to the subscribers subscription course choice.
12.4 Once the trial period expires it is not obligatory for the subscriber to purchase the subscription.
13. FORCE MAJEURE
The service provider shall not be in breach of this Agreement, or otherwise liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations under this Agreement (except payment obligations), arising directly from an act of God, fire, flood, natural disaster, act of terrorism, strike, lock-out, labor dispute, public health emergency, civil commotion, riot, or act of war.
Service shall be entitled to assign the services or its right under this Agreement to any third party with a notification to the subscriber, and without any consent of the subscriber.
a) The refund request can be initiated by the customer within 7 days of purchasing the subscription. Complete refund will be given to the customer without any deductions, subject to validation from the Finance Department.
b) After 7 days, no refund request can be claimed by the customer.
16. NO PARTNERSHIP OR AGENCY
This Agreement does not create or deemed to have created any joint venture, partnership or agency or employee-employer relationship. The service provider is providing services as independent contractor.
The Subscriber undertakes to indemnify and keep the Service provider (and/or our partner, shareholders, directors, employees, investors, agents, etc.) harmless, and any other third party who may be relying on the information provided by the subscriber and in the event the subscriber are in breach of this policy.
18.1 If at any time during the currency of this Agreement, any provision, condition, term, stipulation, covenant or undertaking of this instrument is or becomes illegal, void, invalid, prohibited or unenforceable in any respect, the same shall be ineffective to the extent of such illegality or enforceability without invalidating in any manner whatsoever the remaining provisions hereof or thereof.
19.1 No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than 1(one) year after the cause of action has accrued, except where this limitation cannot be imposed by law.
19.2 Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to firstname.lastname@example.org
20. DISPUTE RESOLUTION AND GOVERNING LAWS
All dispute or differences arising out of this agreement, shall be referred to and finally resolved by arbitration as per the provisions of Indian Arbitration & Conciliation Act, 1996 (as modified or amended up date). The number of arbitrator shall be one and shall be appointed by us/company, and the seat or legal place of arbitration shall at Delhi.