Terms of Use

1. INTRODUCTION

This document is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records in various statutes as applicable and amended from time to time, and is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 which mandates the publishing of rules and regulations, privacy policy and the terms and conditions for access or usage of the platforms, namely, website: www.ultimategurus.com, mobile application for android and iOS devices and smart television applications (hereinafter collectively referred to as the “Platform”)

For the purpose of these terms of use (“Terms of Use”), wherever the context so requires, "You", "User" or “Your” shall mean any natural or legal person who has agreed to become a subscriber on the Platform by providing data required to register as a registered User on the Platform. The terms "Ultimate Gurus", "We", "Us", "Our" shall mean Alpharock Ventures Pvt. Ltd., a company duly incorporated under the provisions of Companies Act, 2013, having its registered office at Bangalore, India and its affiliates.

Users understand that Ultimate Gurus shall remain the sole owner of the Platform and these Terms of Use, Privacy Policy and the Cookie Policy (collectively “Ultimate Gurus Policies”) shall constitute a legally binding obligations between the User and Ultimate Gurus.

Downloading Our mobile application from Google Play Store or Apple App Store, the User will also be subject to Google Play Terms of Service or Apple App Store Terms of Service, respectively. If there is any conflict between Google Play Terms of Service or Apple App Store Terms of Service and these Terms of Use with respect to User use of the android and/or iOS mobile platform application, then, these Terms of Use shall prevail.

The User by using/ accessing the Platform and by providing any information through the Platform, impliedly or expressly, hereby accepts these Terms of Use and enters into a binding contract with Ultimate Gurus. It is thereby acknowledged that the User has read, understood these Terms of Use and is bound by them, regardless of how the User or anyone on the User’s behalf has accessed or used the Platform. If the User does not want to be bound by the Terms of Use, they must not retain, access and/or use the Platform in any manner whatsoever.

2. SERVICES

Services under these Terms of Use shall include the online videos in different segments including but not limited to films, sports and business co-created by renowned personalities along with the associated features, links and software and standard updates to the services that are made generally available by Ultimate Gurus on the Platform (together “Services”). We may in our sole discretion, discontinue the Services or modify the features of the Services without prior notice.

3. REGISTRATION

i. In order to access and avail the use of the Platform, You shall be required to register yourself with the Platform and create an account with the Platform, on payment of fees corresponding to the subscription plan for each course or an all access pass (“Subscription Fee”). Subscription Fee is non-refundable and is subject to change without notice. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address, residential address, profession, areas of interest, payment information (credit/debit card details) if required, and any other information deemed necessary by the Platform (“Registration Data”). A first time User of the Platform shall verify the user id by providing the one-time password (OTP) generated on the unique user id. Subsequent to verification, the User shall set a password for accessing/using of the Platform. The Platform may ask for verification every time You reinstall the Platform (in case of android, iOS or television application) or use the account from a different electronic device. The User agrees to be responsible for maintaining the confidentiality of the user id’s, passwords or other account identifiers and all activities that occur under User’s account.

ii. Further, in the event the registered User is unable to register through the registered user id, the User must promptly inform Ultimate Gurus about the same.

iii. Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register and create account on the Platform. Persons who are minors, un-discharged insolvents etc. are not eligible to register on the Platform. As a minor if You wish to use the Platform, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms of Use. In the event a minor utilizes the Platform, 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. Ultimate Gurus will not be responsible for any consequence that arises as a result of misuse of any kind of Our Platform that may occur by virtue of any person including a minor registering on the Platform. You acknowledge that Ultimate Gurus does 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 Platform.

iv. Further, if the User is a (i) natural person any reference thereof shall, include his/her heirs, executors and permitted assignees; or (ii) juristic person, any reference thereof shall include its affiliates, successors and permitted assignees, unless repugnant to the context.

v. By registering and creating the Account, You agree that:

a. It is Your sole responsibility to ensure that the Registration Data provided by You is accurate, complete and latest.

b. You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account.

c. You shall immediately notify Ultimate Gurus of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of User account, we may request You to change the password or we may suspend the account without any liability to Ultimate Gurus, for such period of time as we deem appropriate in the circumstances. Ultimate Gurus shall not be liable for any loss or damage arising from Your failure to comply with this provision.

d. You acknowledge that Your ability to use the account is dependent upon external factors such as internet service providers and internet network availability and Ultimate Gurus cannot guarantee accessibility to the Platform at all times. In addition to the disclaimers set forth in the Terms of Use, Ultimate Gurus shall not be liable for any damages arising from Your inability to log into the account and access the Services of the Platform at any time.

e. Upon registration through any means whatsoever, Ultimate Gurus 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 use of Platform. You expressly permit Ultimate Gurus to contact You, through the above mentioned means at any time post registration. Further, Ultimate Gurus shall have the right to monitor the download and usage of the Platform and the contents thereof, to analyze such usage to enable effective and efficient usage of the Platform.

4. RECURRING SUBSCRIPTIONS

i. If You select a Service with an auto renewal feature (“Recurring Subscription”), You authorize Ultimate Gurus to maintain your Registered Data and charge that account automatically upon the renewal of the Service you choose with no further action required by You. In the event that Ultimate Gurus is unable to charge Your account as authorized by You when You enrolled in a Recurring Subscription, Ultimate Gurus may, in its sole discretion: (i) bill You for Your Service and suspend your access to the Service until payment is received, and/or (ii) to the extent permissible in law, seek to update Your account information through third party sources (i.e., your bank or a payment processor) to continue charging Your account as authorized by You.

ii. Ultimate Gurus may vary the price for Recurring Subscriptions from time to time and shall communicate any price variation to You in advance. Price variations for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price variation. You accept the new price by continuing to use Your Recurring Subscription after the price variation takes effect. If You do not agree with the price variations, You have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect.

iii. Payments are non-refundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel Your subscription before the end of the current subscription period, Ultimate Gurus will not refund any Subscription Fees already paid to us. Following any cancellation, however, You will continue to have access to the Service through the end of Your current subscription period. At any time, and for any reason, Ultimate Gurus may provide a refund, discount, or other consideration to some or all of our Users ("Credits"). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle You to Credits in the future for similar instances, nor does it obligate Ultimate Gurus to provide Credits in the future, under any circumstance.

5. USAGE OF THE PLATFORM

i. Your use of the Platform is solely for Your personal and non-commercial use. Any use of the Platform or their contents other than for personal purposes is prohibited.

ii. You will not (a) use the Platform for commercial purposes of any kind, or (b) advertise or sell the Platform or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Platform in any way that is unlawful, or harms Ultimate Gurus or any other person or entity affiliated with Ultimate Gurus.

iii. You shall not download any content unless there is an express permission or link on the Platform such as “download” or similar link to download the content. You may not decompile, reverse engineer, or disassemble the contents of the Platform or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Platform.

iv. You agree not to access or download the content through any technology or means other than the Platform itself. You will not scrape, spider, use a robot, or use other automated means of any kind to access the Platform/Services.

v. You shall not attempt to gain unauthorised access to other users’ accounts, servers or networks connected to Ultimate Gurus’ Platform by any means and is permitted to use only the User interface provided by Ultimate Gurus.

vi. You agree to receive installs and updates from time to time from Ultimate Gurus. These updates are designed to improve, enhance and further develop the Platform and may take the form of bug fixes, enhanced functions, new software modules and new versions. You agree to receive such updates as part of your use of the Services.

vii. You will not do any of the following while accessing or using the Platform and/or Services:

a. access, tamper with, or use non-public areas of the Platform (including content storage), Ultimate Guru’s computer systems, or the technical delivery systems of Ultimate Guru’s service providers;

b. attempt to discover any source code of or content on the Platform or Services;

c. access or search or attempt to access or search our Platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or smart TV’s applications;

d. in any way use the Platform to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Ultimate Gurus); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Platform; and

e. circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the Content therein or probe, scan, or test the vulnerability of any of our systems.

f. misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

6. CONDUCT

i. Your use of the Services and conduct on Ultimate Gurus Platform must comply with applicable local or national laws or regulations of Your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to You.

ii. You are responsible for Your activities on the Platform. In addition to any restrictions in the Terms of Use, You agree that You will not:

a. engage in any activity that would require Ultimate Gurus to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;

b. impersonate another person, gain unauthorized access to another User’s account, or otherwise deceive or mislead others about the origin of the content or information;

c. frame or embed the Services (such as to embed a free version of a video) or otherwise circumvent the Services; or

d. abuse Ultimate Gurus resources, including support services.

iii. Without limitation, transmit, or cause to be transmitted, any communication or solicitation or other "phishing", "pharming" or "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any User of the Platform or any other third party whatsoever. However, if any such event does take place, Ultimate Gurus shall not be liable for any loss of data or if the User’s device, computer or any other property is compromised in any manner.

iv. You acknowledge and agree that Ultimate Gurus has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to You.

7. INTELLECTUAL PROPERTY RIGHTS

i. The Platform, contents and Services are owned and operated by Ultimate Gurus. All content or other material available on the Platform, including but not limited to video, presentation materials, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files, are the property of Ultimate Gurus and/or its affiliates or licensors, and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian and foreign laws. All software used on the Platform is the property of Ultimate Gurus and is protected by Indian and international copyright laws.

ii. Ultimate Gurus logos, trademarks and service marks that may appear on the Platform (“Ultimate Gurus Marks”) are the property of Ultimate Gurus or its affiliates and are protected under Indian and foreign laws. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Ultimate Gurus owns all intellectual property rights to and into the trademark “Ultimate Gurus” and the Platform including, without limitation, any/all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, trade secrets, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. In addition, elements of the Platforms are protected by trade dress and other Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Ultimate Gurus.

iii. Nothing on the Platform shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to Ultimate Gurus, to the User.

iv. Certain contents on the Platform may belong to third parties, 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 third party and You are not permitted to use the same without the consent of the respective third party.

8. SYSTEM REQUIREMENTS

Ultimate Gurus Services including the Platform and content, are compatible only with certain devices/tablets/instruments/hardware with high-speed internet and certain software. Ultimate Gurus shall not be obligated to provide workable products and/or services for any instruments that are not recognized by Ultimate Gurus or those instruments that may be purchased from any third party which are not compatible with the Ultimate Gurus’ Services. Ultimate Gurus reserves the right to upgrade the table/ type of compatible devices as required from time to time.

9. LIMITATION OF LIABILITY AND INDEMNIFICATION

i. Users shall access the Platform voluntarily and at their own risk. Ultimate Gurus shall to the fullest extent permitted by law, under no circumstances, be held responsible or liable on account of any direct, indirect, incidental, special, punitive, consequential loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity from any (i) errors, mistakes, or inaccuracies of the content available on the Platform, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and/or use of the Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Platform, (iv) any bugs, viruses, trojan horses, malware or the like, which may be transmitted to or through our Platforms by any third party, and/or (v) any errors or omissions in any content for any loss or damage of any kind incurred as a result of Your reliance on or use of any content emailed, transmitted, or otherwise made available via the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not Ultimate Gurus is advised of the possibility of such damages. It is expressly understood that Ultimate Gurus shall have no liability under these Terms of Use.

ii. Users shall be solely responsible for any consequence which may arise due to their access and use of the Platform, including conducting an illegal/fraudulent act or non-conformity with these Terms of Use and Ultimate Gurus Policies in relation to the Platform, including provision of incorrect address or Registration Data.

iii. You agree to defend, indemnify and hold harmless Ultimate Gurus, its officers, directors, 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 Platform; (ii) Your violation of any term of these Terms of Use or Ultimate Gurus 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 Platform has caused damage to a third party.

iv. In the event of Your breach of these Terms, You agree that Ultimate Gurus will be irreparably harmed and may not have an adequate remedy in money or damages. Ultimate Gurus therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. Ultimate Guru’s right to obtain such relief shall not limit its right to obtain other remedies.

10. SUSPENSION AND TERMINATION OF ACCOUNTS

i. If the User no longer wishes to have a registered account, the User may terminate his/her/its account by deleting the same as provided on the Platform. If the User no longer accept these Terms of Use or any other Ultimate Gurus Policies, or any future modification to the same, User must cease using the Platform, continued use of the Platform indicates User’s continued acceptance of the Ultimate Gurus Policies. However, Ultimate Guru shall not be responsible for Our inability to render the Services subscribed including any part thereof, due to termination by the User of his/her/its account.

ii. You agree that Ultimate Gurus, in its sole discretion, may deactivate/ suspend Your account or otherwise terminate Your use of the Platform with or without reason, including, without limitation, if Ultimate Gurus believes that You have (a) breached the Terms of Use; or (b) infringed the intellectual property rights of Ultimate Gurus or its affiliates; or (c) violated any applicable laws; or (d) used the Platform in a way which disrupts our business operations or affects any other party; or (e) violated or acted inconsistently with the letter or spirit of these Terms of Use or Ultimate Gurus Policy or any other applicable code of conduct or policy issued by Ultimate Gurus.

iii. You agree that Ultimate Gurus will have no liability to You or any third party for termination of your account, removal of Your content, or blocking of Your access to Ultimate Gurus Platforms and Services.

iv. Ultimate Gurus may suspend Your access to the Platforms or require you to change Your password if Ultimate Gurus believe that the Platform has been or is likely to be misused, and Ultimate Gurus will notify you accordingly.

11. WARRANTIES

i. The Services and the content on Ultimate Gurus’ Platform is provided on an “as is” basis and Ultimate Gurus assume no liability for the accuracy or completeness or use or non-obsolescence of such information. Ultimate Gurus shall not be liable to update or ensure continuity of such information or content contained on the Platform. Ultimate Gurus 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 or content on the Platform.

ii. From time to time the Platform may also include links to other website(s)/application(s). These links are provided for Your convenience to provide further information. They do not signify that Ultimate Gurus endorse the website(s)/application(s). Ultimate Gurus assumes no responsibility for the content of the linked website(s)/application(s). You may not create a link to the Platform from another website or document without the Ultimate Guru’s prior written consent.

iii. Ultimate Gurus reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither Ultimate Gurus 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 the Platform 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.

iv. In the preparation of the Platform 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, Ultimate Gurus disclaims any responsibility for any errors and accuracy of the information that may be contained on the Platform. Any feedback from User is most welcome to make the Platform and contents thereof error free and user friendly.

v. While Ultimate Gurus has made efforts to train the personnel engaged in the services relating to the Platform to enable quality control, Ultimate Gurus makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Ultimate Gurus reserves the right and discretion to take any action in this regard.

12. FORCE MAJEURE

Ultimate Gurus shall not be responsible for any delay or failure of our performance of any of services or obligations caused by events beyond reasonable control, including but not limited to events such as act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions or regulations.

13. GOVERNING LAW

The Terms of Use shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms of Use shall be subject to the exclusive jurisdiction of the competent courts located in India and You hereby accede to and accept the jurisdiction of such courts.

14. MODIFICATION AND AMENDMENT

Ultimate Gurus has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Platform as it deems fit at any time without notice. Further, Ultimate Gurus has the right to amend these Terms of Use from time to time without prior notice to You. Ultimate Gurus makes no commitment, express or implied, to maintain or continue any aspect of the Platform. You agree that Ultimate Gurus shall not be liable to You or any third party for any modification, suspension or discontinuance of the Platform.

15. COMPLAINTS

Ultimate Gurus make all best endeavours to provide User with a pleasant experience. In the event, User have any questions, feedbacks, comments, complaints and requests regarding these Terms of Use or Ultimate Gurus Policy, such User may address the same to the designated grievance officer in respect of the Platform. Any complaints or concerns with regards to any content on the Platform or any breach of the Terms of Use or Ultimate Gurus Policy can be directed to the designated officer in writing and the details are as follows:

A complaint or concern may also be raised through an email to support@ultimategurus.com

However, it is clarified that User shall not be entitled to any compensation or reimbursement of any kind from the Ultimate Gurus for the feedback under any circumstances.

16. ADDITIONAL TERMS

i. Notice: All notices served by Ultimate Gurus shall be provided via email to Your account or as a general notification on the Platform. Any notice to be provided to Ultimate Gurus should be sent to support@ultimategurus.com. You may update your email address by logging into Your account on the Platform. If You do not provide Us with accurate information, We shall not be held liable for failure to notify.

ii. Entire Agreement: The Terms of Use, along with the Privacy Policy, and Ultimate Gurus Policy made applicable to the Platform from time to time, constitute the entire agreement between Ultimate Gurus and You with respect to Your access to or use of the Platform thereof.

iii. Assignment: You cannot assign or otherwise transfer Your obligations/rights under these Terms of Use, or any right granted hereunder to any third party. Ultimate Gurus rights under the Terms of Use are freely transferable by the Ultimate Gurus to any third parties without the requirement of seeking Your consent.

iv. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

v. Waiver: Any failure by Ultimate Gurus to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Ultimate Gurus of that provision or right.

vi. Relationship: You acknowledge that Your use or access on the Platform, does not make You an employee or agency or partnership or joint venture or franchise of Ultimate Gurus.

Ultimate Gurus provides these Terms of Use so that You are aware of the terms that apply to your use of the Platform. You acknowledge that, Ultimate Gurus has given You a reasonable opportunity to review these Terms of Use and that You have read, understood and unconditionally agreed to them.


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