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.
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.
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.
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.
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
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
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.
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
14. MODIFICATION AND AMENDMENT
A complaint or concern may also be raised through an email to email@example.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 firstname.lastname@example.org. 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.
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.