User Agreement (kalpeshclasses.com):
1. TERMS OF THE USER AGREEMENT :
This
agreement is made between you (as the user) and KALPESH CLASSES
(“Kalpeshclasses.com”) when you click “I ACCEPT” at the foot of this page and
it constitutes the terms and conditions in respect of your access to and use of
the Kalpeshclasses.com Website (“the Site”). The provisions set out below are
the only terms and conditions on which Kalpeshclasses.com will agree to grant
you access to material on the Site. You
must agree to be bound by all these terms and conditions in order to become and
remain an authorised user of the Site.
2. DURATION OF THE USER AGREEMENT :
This
agreement will continue until either you or Kalpeshclasses.com terminate it
under the terms contained herein. Either
party may terminate it at any time by sending notice of termination to the
other party. On termination, you will
cease to be an authorised user of the Site.
3. NOTICES :
You
may serve a notice on Kalpeshclasses.com for the purposes of this agreement by
sending it by e-mail to education@kalpeshclasses.com or by post to The
Webmaster, KALPESH CLASSES, Diamond Queen Building, 2nd Floor, 198
Raja Ram Mohan Roy Marg, Mumbai 400 004, India. Kalpeshclasses.com may serve a
notice on you by sending it to your e-mail address or postal address appearing
on the User Registration Form. Notices will be deemed to have been served one
hour after transmission by e-mail or 3 days after dispatch by post. You are
responsible for notifying Kalpeshclasses.com of any change to your e-mail or
postal address.
4. USERNAME AND PASSWORD :
You
are responsible for all use of the Site made using your username and password,
whether or not the use is made by you or by someone else using your username
and password. You are responsible for protecting and securing your username and
password from unauthorised use. If you believe there has been a breach of
security of your username or password, such as theft or unauthorised use, you
should notify kalpeshclasses.com immediately by e-mail to info@kalpeshclasses.com.
5. CHANGES TO THE USER AGREEMENT :
Kalpeshclasses.com
may add to or change the provisions of this agreement from time to time. All
additions and changes will be notified to you by being posted on this page. It
is your responsibility as a user to refer to these additions and changes. They
will come into effect immediately on being posted and you will be deemed to
have accepted them if you make access to the Site after that time. If you do
not wish to accept them, you must terminate this agreement as described above.
You are required to provide Kalpeshclasses.com with complete and accurate
registration information and to update your information if it changes. If you
fail to do so, you will be in breach of this agreement.
6. UPDATES :
Kalpeshclasses.com
shall constantly update, refresh and add to the material, which is available on
the Site from time to time. You agree that all updates and new materials added
to the Site shall be deemed to have always been a part of the Site and the
terms and conditions of this Agreement shall be binding in respect of their
use.
7. COPYRIGHT AND LIMITED PERMISSION TO
COPY :
Unless
otherwise stated, the copyright and similar rights in all material published on
the Site are owned by Kalpeshclasses.com or its licensors. You are permitted to
print extracts from this material for your personal use only. None of this
material may be used for any commercial or public use. No part of the Site or
any material appearing on the Site may be reproduced or stored in or
transmitted to any other web site. No material appearing on the Site may be
disseminated in any form, either electronic or non-electronic, nor included in
any retrieval system or service without the prior written permission of
Kalpeshclasses.com and the payment of a specified fee. Any request for
permission may be sent to info@kalpeshclasses.com.
8. DISCLAIMER :
Kalpeshclasses.com
does not give any warranty or other assurance as to the operation, quality or
functionality of the Site or its fitness for any particular purpose. Access to
the Site may be interrupted, restricted or delayed for any reason. Similarly,
Kalpeshclasses.com does not give any warranty or other assurance as to the content
of the material appearing on the Site, its accuracy, completeness, timeliness
or fitness for any particular purpose. To the full extent permissible at law,
Kalpeshclasses.com disclaims all responsibility for any damages or losses
(including, without limitation, financial loss, damages for loss in business
projects, loss of profits or other consequential losses) arising in contract,
tort or otherwise from the use of or inability to use the Site or any material
appearing on the Site, or from any action or decision taken as a result of
using the Site or any such material. The views expressed in any letter
published on the Site are not necessarily the views of Kalpeshclasses.com and
Kalpeshclasses.com disclaims all responsibility for the content of any letter
published.
9. ADVERTISING MATERIAL :
Material
appearing on the Site will include advertising and other material submitted by
parties other than Kalpeshclasses.com and the Site will provide links to other
sites operated by advertisers and third parties. It is the responsibility of
such advertisers and third parties to ensure that such material and such sites
comply with all relevant laws and regulations. To the full extent permissible
or law, Kalpeshclasses.com disclaims all responsibility for any error, omission
or inaccuracy in such material or its failure to comply with the relevant laws
or regulations.
10. DATA PROTECTION :
Unless
you have indicated to the contrary on the User Registration Form,
Kalpeshclasses.com may from time to time send you information on selected
products and services and invite others to do so. You are deemed to have given
your permission to Kalpeshclasses.com to convey all or part of your
registration information to independent auditors for the sole purpose of
verifying site usage statistics. As part of the verification process, you may
be contacted by these independent auditors and asked to confirm that you have
registered with the Site. Accordingly, you may not register any personal details
other than your own. If Kalpeshclasses.com has reason to believe that any
information you have supplied is not accurate, or it if considers that your
username, password or password hint is offensive, it will terminate this
agreement and you will cease to be an authorised user of the Site.
11. MAILERS AND MAILING LIST:
Kalpeshclasses.com
reserves right to send the mailers from time to time. Our mail management
software will not send you mails only when you opt to un-subscribe from mailing
list. However some of the mails being occasion generated will be sent to you on
some of the happening of event from time to time in-spite of you have
unsubscribed. Thus you accept to receive some mails form our side at any time
after the registration to our website.
12. USER CONDUCT :
You
understand that all information, data, messages or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. Under
no circumstances will Kalpeshclasses.com be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the use of any
Content posted, e-mailed or otherwise transmitted via the Service. In any
event, you agree not to post any Content on the Site which may be considered by
Kalpeshclasses.com in its discretion as unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, or otherwise objectionable or upload, post, email or
otherwise transmit any Content that you do not have a right to transmit under
any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements) or upload,
post, email or otherwise transmit any material that contains software viruses
or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment. You acknowledge that Kalpeshclasses.com shall
have the right in their sole discretion to refuse or move any Content that is
available via the Service. Without limiting the foregoing, Kalpeshclasses.com
shall have the right to remove any Content that violates this agreement or is
otherwise objectionable.
13. FEES :
Kalpeshclasses.com
may at any time charge fees, at its discretion, for access to any material
appearing on the Site. Such fees may be charged either on a subscription basis
or on a pay-per-view basis Kalpeshclasses.com reserves the right to terminate
this agreement and refuse access to the Site if payment is not made in the
manner indicated in the Site.
14. PROTECTED RIGHTS :
The
name and logo of Kalpeshclasses.com are the property of Kalpeshclasses.com. You
are not permitted to use or reproduce or allow anyone to use or reproduce these
marks for any reason. The software which operates the Site is proprietary
software and you are not permitted to use it except as expressly allowed under
the terms of this agreement. Any other
use or purported licensing, modification, enhancement or interference is
strictly prohibited.
15. GOVERNING LAW :
This
agreement is deemed to have been made in India and is governed by Indian
Law. Any dispute relating to this
agreement shall be referred to the courts in the city of Mumbai.
16. LINK POLICY :
You
are here by agree to access the website through the URL provided through the
software on the website. Any unauthorized access to file or folder will attract
discontinuation of services. No part of the charges paid will be refunded.
17. USAGE OF ONLINE LECTURE:
The
limitation for lectures to be accessed are 1) Each lecture can be accessed
maximum of 5 (can be increased on additional charges to be announced from time
to time) times 2) over all usage of time will be maximum of hours specified.
(can be increased on additional charges to be announced from time to time) 3)
Membership will expire immediately when examination of ICAI is held. All
limitation will operate simultaneously.
http://www.kalpeshclasses.com/VIDEO/membtype.htm
Fair Usage Policy
Each
user of online lecture must ensure that it must use specified hours per month. At
the end of the each month 20 hours of the minimum usage must be effected. In case
the user of the website does not use so much out of the available quota of
hours these many hours shall lapse. This policy presently is in the evaluation
stage and thus users may be given the lapsed hours in the subsequent month.
18. MOBILE AND EMAIL COMMUNICATION:
The
mobile number and email provided to the website will be used for the purpose of
future communication and announcement of the website. The user agrees to
receive these announcement from time to time so long as he is a subscriber to
the website. A special written notice shall be given the website for the
un-subscription and needful procedure of the website shall be carried out.
19. CONTENT MANAGEMENT
All services provided by Kalpeshclasses.com may only
be used for lawful purposes. The customer agrees to indemnify and hold harmless
Kalpeshclasses.com from any claims resulting from the use of our services. Use
of our services to infringe upon any copyright or trademark is prohibited. This
includes but is not limited to unauthorized copying of lectures, audio, Notes
or any other copyrighted work. The offer of sale of any counterfeit merchandise
of a trademark holder will result in the immediate termination of your account.
Any user found to be in violation of copyright will be expeditiously removed,
or access to the material disabled. Any account found to be in repeated
violation of copyright laws will be suspended and/or terminated from our
service.
Kalpeshclasses.com
services, including all related equipment, networks and network devices are provided
only for authorized customer use. Kalpeshclasses.com systems may be monitored
for all lawful purposes, including to ensure that use is authorized, for
management of the system, to facilitate protection against unauthorized access,
and to verify security procedures, survivability, and operational security.
During monitoring, information may be examined, recorded, copied and used for
authorized purposes. Use of Kalpeshclasses.com system(s) constitutes consent to
monitoring for these purposes.
Any account found
connecting to a third party network or system without authorization from the
third party is subject to suspension. Access to networks or systems outside of
your direct control must be with expressed written consent from the third
party. Kalpeshclasses.com may, at its discretion, request and require
documentation to prove access to a third party network or system is authorized.
We reserve the
right to refuse service to anyone. Any user that, in our judgment, is
threatening or violates our terms of service in any manner may be removed from
our servers (or otherwise disabled), with or without notice. Failure to respond
to email from our abuse department within 48 hours may result in the suspension
or termination of your services. All abuse issues must be dealt with via email
and will have a response within 48 hours.
Kalpeshclasses.com
reserves the right to cancel, suspend, or otherwise restrict access to the
account at any time with or without notice where it is in violation to terms or
service. Any
abuse of our staff in any medium or format will result in the suspension or
termination of your services
20.Disclaimer
Kalpeshclasses.com shall not be responsible for any damages your studies may
suffer. Kalpeshclasses.com makes no warranties of any kind, expressed or
implied for services we provide. Kalpeshclasses.com disclaims any warranty or
merchantability or fitness for a particular purpose. This includes loss of data
resulting from delays, no deliveries, wrong delivery, and any and all service
interruptions caused by Kalpeshclasses.com and its employees.