Nipun Edu Academy

Preliminary

The Below mentioned terms and conditions also referred as Terms of use or T & C or by whatever name referred shall be applied to this mobile application on all platforms i.e. Android and iOS. These T&C sets forth clauses that embody the rules, requirements, restrictions and limitations that a user must agree to in order to use this mobile app.

Binding

These T&C collectively forms an important legal agreement between application and its users. Relationship between application admin and its user is defined. Though the requirement is not mandated by any law but for the purpose of benefits to both app admin and its users and also to provide a basis for ascertainment of liability and other matters these T&C are provided in this application.

Need

For Application: Need for the Terms and Conditions are for the purpose of stopping abusive users, terminate access or accounts at discretion, and enforce rules and guidelines. It’s the set of rules that users must follow to access, use and continue to use this app. Terms and Conditions together comprise an agreement the legal one, which maintain rights to exclude users from app in the event that they abuse this app, and where application admin can maintain their legal rights against potential abusers of app, and so on.
For Users: users will benefit by having an explanation of their rights, rules they must follow, and what they can expect when using this app. It is an agreement which can help users to understand what is expected of them by explaining things like how payments must be made, what a user must refrain from doing, and how to reach customer support with any concerns or for assistance. These terms explain the finer points of app to the user, like how specific processes work, what kind of behavior is expected of users, and how to contact customer support. It also tells them what rights they have as a user.

Scope

It covers various aspects like usage and prohibition of use, Intellectual property matters, and ownership over content, terminate access or accounts at discretion, and enforce rules, disclaimers, cookies, warranty/limitation of liability and guidelines. It’s the set of rules that users must follow to access, use and continue to use app.

Acceptance

User hereby provides full consent and acceptance to these terms by mere agreeing to use the application. It is therefore advised to please read the terms and conditions set out below carefully before using this application. Registration with the application to act as user shall be deemed as agreement to these Terms and Conditions, and users are estopped from claiming ignorance.

Terms and conditions

Definitions and meanings: The terms appearing in these rules shall be interpreted and construed according to their natural meaning unless a different meaning is provided for the term purpose. Some of the meanings are hereby provided:
1. “We’”/“us”: stand for the admin and owner of this application “Amarendra” and any person acting on their behalf like employees, partners including their assignees, licensee, executors etc.
2. “You”/“your”/”User”: means any individual whether student or not who uses the services for preparing to appear in various competitive exams, course and other medical exams. User also to mean to include any person who registers with the application as user or attempts to register not withstanding whether service of the application is availed or not, for the matters related to IPR, Data collection, and Information technology matters.
3. “Application”/”App”: to mean the application of “Nipun” for the purpose of providing services contained therein the application in the android and iOS.
4. Service or services: shall means services provided by us with the aid of this application subject to other conditions. More particularly the service of through the application, this application helps users who are student in preparation as to various exams and subjects (competitive or otherwise like medical exams) by enabling them to attend via various plans, tests, videos, notes, MCQ’s and other methods from time to time and the same is subject to availability.
5. Course/exam: shall include various competitive exams and subjects of various faculties inclusive of various subjects which are offered to user through this app which provided or updated in the app from time to time.
6. Plans: to include pro, individual or other plan provided for users which can be selected by users.
7. Subscription: to mean access to any plan by users after payment of subscription fees subject to condition of availability, changes, updates if any. A subscription fee is provided in the app and is updated from time to time.
8. Notes/Materials: Shall mean videos of any course provided by us subject to availability.
Assent: By creation of account with the application users shall be deemed to agree to these terms .No access to the Services will be permitted unless the Conditions are accepted in full. No user is entitled to accept part only of the Conditions. If a user does not agree to the Conditions, such user may not use the Services.
Required information: users are required at the time, when for the first time they download the application or any time after that are required to fill in asked information, without which services cannot be availed. The information so required is to include name, mobile number, email address and address and bank account details. Such information is to be provided in the form requested and also correct information is to be provided.
Confidentiality: Information or data entered by users in the application or otherwise known through this application by us shall not be in any case shared with any third party to the prejudice of the users, except when it is required by law or justified by law to do so or where there has been fraud played on by users.
Charges: this application provides for facility to users to access video lessons, attempt test, MCQ’s for various exams and/or course for consideration i.e. charges, which is provided in the application as per plan selected by user. We reserve right to increase or decrease the subscription fees for plans. Such charges include the transaction cost, taxes if any and service charge for using the application.
Video Lessons: Several hundreds of hours of recorded video lectures from medical faculty, other competitive exams and various courses or faculties covering all subjects which can be viewed by users any time without restrictions on number of times however user is not allowed to download the same and any attempt to download or hack is strictly prohibited. Video lessons are shown depending upon course, subject selected and plan opted for. Video lessons to include slides and PDF notes user can view both however user is required to place request to get PDF notes which shall be delivered to users subject to availability.
Test: User to find complete schedule of test series with date and time in the Tests section, User to go to the Tests section, choose the test, attempt the test and submit, results are shown after submission.
MCQ’s/Question Bank: User can find the mcq’s in the application as per the examination or course selected upon going to User to chapter in the subject, MCQ’s are shown. User to view those questions and click answer. If user selects correct answer it is shown to the user. If user selects incorrect questions it is shown as wrong and correct answer is shown to user to correct their knowledge.
Process:
1. Registration: user should register with the application.
2. Provide the Information:
  1. Name
  2. Mobile Number
  3. Email Address
3. Search: user can search for various exams, course, subjects etc.
4. Subscription: User is required to take subscription to get full access to notes, MCQ’s, Video lessons etc. provided in the app. User is required to make payment for subscription. Charges for subscription are given in the app for users along with validity or expiry. Once subscription is taken and confirmed user can obtain services of the app. User can view details of subscription in my account. Subscription can is provided for various plans from time to time in the app.
5. Select exam and subject: User to select in the app from various exams, course, provided. User can select any exam and list of subject or syllabus appears. User to select any of the subjects for preparation
6. Preparation: user can prepare for the selected exam or course or subject with the help of video lessons, Tests and question bank provided.
7. Other services: other services provided are as follows:
  - Payment confirmation
  - Notifications
  - Coming soon
  - Profile update
  - Change password
  - Student support
  - FAQ’s
  - Blogs
  - Place order for printed form of Notes on payment
8. Payment: user is to make payment using payment gateway. User to be directed to payment gateway following instructions therein payment can be made. For payment user is to go through the payment and refund policy provided in the application.
9. Communication by Users: We may at any time review, scan, and store for the purpose of record and training the messages which users exchanged through this application. This storage and review is also done particularly to detect and prevent fraud, customer support purposes, enforcement of the contracts entered into with us and ensure compliance with applicable law. By using the application and accepting the T&C’s, the users agrees that we may review, analyze and moderate the messages sent or received through the application.
10. Ownership of Content: you shall retain all ownership rights over the content posted in the application, and we do not claim any right or title over the content part.
11. License over content: ownership over content lies with the user however when user uploads or submits content in the app for the purpose of providing service you grant us license over the content to us. Such license allows us to use the content for the purpose of offering service to you and also to communicate, distribute, modify, publicly display or perform, publish, reproduce, store and use such content worldwide. This license granted by you is for the purpose of operating, promoting, marketing and improving our services.
12. Obligations of users: The following are the obligations to be observed and instructed to be followed by users.
  - That the notes, videos shall not be used for any fraudulent, unlawful or criminal activity or prohibited activity.
  - That user shall not attempt to download in their device any video lessons.
  - That user shall not circulate the PDF notes obtained from us for commercial benefit
  - If the user fails to comply with any of these terms or any other Conditions we reserves the right to keep information relating to the breach, to publish or disclose this information on the user’s online profile and to suspend or withdraw the access to the application.
13. Disclaimer: we are offering this application on as-Is basis and provide no guarantee or representation or conditions of any kind legal, express or implied arising out of usage of this application.
14. Rights of the app owner: admin to have the following rights:
  - App owner/admin maintains ownership of app
  - App owner/admin can restrict abusive behavior
  - App owner/admin can limit liability of user
  - App owner/admin can terminate user’s accoun
15. Prohibited Uses: You shall not (and shall not permit any third party to) on or through the App, either (a) take any action or (b) host, display, upload, modify, publish, transmit, update or share any information, including without limitation any User Content which:
  - Belongs to another person and to which You do not have any right to
  - Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
  - Harms any person/property in any way
  - Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
  - Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation.
  - Infringes any patent, trademark, copyright or other proprietary rights.
16. Termination: we reserve the right to terminate any of the users account without any prior notice if the user violates any of clauses of these T&C or create risk or possible exposure to legal proceedings.
17. Information: users impliedly agree that all the information regarding address, name etc
18. Liability: due care has been taken to ensure that all the information contained in this application is correct; despite all efforts in case of any error we shall not be liable. We don’t give any warranty regarding virus or any other similar programs that may occur due to usage of this application. Extreme measures has been taken to ensure that all the notes, video lessons, Test, and question bank, course subjects and chapters are correct and accurate to the best of our knowledge and to prevent any misinformation, however we shall not be held liable for any such incorrectness or shortcoming or misrepresentation.
19. Technical error: This being an internet based mobile application may sometime mal function or cause some technical problem, we shall try to remove such defects at our earliest convenience, and shall not be liable to pay damages in case of such defect in running of the application.
20. Relationship: it is hereby unequivocally stated that we are neither agents nor partners with any of the user who avails our service nor are we agent or partners to any person offering video lessons, or any publishers and our liability and responsibility is limited only to assist via this application and streamline the process of preparation for exams.
21. Warranty: we don’t give any warranty or guarantee as to or quality, or quantity or potency or standards of notes, MCQ’s, Test or other material provided we cause to publish information in the application after due verification any defect or shortcoming or incorrectness shall be unintentional and shall be brought to our notice and we shall remove the defect as soon as possible and publish correct information.
22. Complaints: Any complaints or grievances shall be communicated through email address provided or phone number given, best endeavor will be made to redress the same as soon as possible.
23. Marks: No person shall use our marks and shall be held liable for passing off/ infringements incase similar or identical marks are used resembling our app or of same features or display design etc.
24. Jurisdiction: any dispute arising as a result of usage of this application shall be subjected to jurisdiction of courts in Hyderabad only.
25. Governing Law: these T&C are to be governed as per laws that are in force in India and the laws in the state of Telangana.
26. Intellectual property/copy rights violation: if it is informed that the content of the application are causing copyright/Trade mark violation we shall take down/remove any material that turns out to be copyrighted if the violation is brought to our attention. We have a plan and policy in place for taking down violating material when it is brought to our attention.
27. Exemption: user hereby agree that in case of any deficiency or shortcoming or any other damage caused to user due to use of notes, video lesson , test or question bank shall not entitle them to make us liable and no action of whatever nature is to be initiated or instituted against us subject to refund policy.
28. Other terms and conditions: besides the terms and conditions contained herein orders shall be subjected to terms and conditions of the various banks and financial institution whose card is used by the user to make payment. We shall not be liable to compensate if payment is delayed or wrongly deducted on part of the bank and financial institution.
29. Waiver: user cannot waive either by any act or abstinence any of these terms and conditions and privacy policy.
30. Changes to terms: we can change the terms and conditions listed above without any notice to customers and we reserve the right to change them.

Cancellation/Refund policy

PAYMENT & REFUND POLICY

The term "we" or "us" have been used below so as to mean the owner or admin i.e. Amarendra of mobile application Nipun and the term "you" shall mean user of any kind who has paid or is willing to pay for the same. The terms contained in this payment and refund policy is to administer the transaction and also to govern the rights and liabilities. By agreeing any user shall be deemed to have consented to same.

Services Provided Through App

We provide the subject to other conditions the service that helps users who are student in preparation as to various exams and subjects (competitive or otherwise like medical exams) by enabling them to attend via various plans, tests, videos, notes, MCQ’s and other methods from time to time and the same is subject to availability.

Rules Regarding Payment

We offer to provide services specified therein on requisition basis upon users agreeing the terms and conditions provided.
User is required to select subscription plan as provided in the application to avail the facility of accessing video lessons, attempting test, MCQ’s for various exams and/or course. For each subscription plan charges, are provided in the application as per plan selected by user. We reserve right to increase or decrease the subscription fees for plans. Such charges include the transaction cost, taxes if any and service charge for using the application.
Details of each plans and charges that shall be charged for availing the plan are provided in the application and same can be confirmed by communicating with us via email or phone.
The charges so provided are again subject to revision and it may vary owing to various circumstances.
Taking subscription and making payment is the pre condition for any user to access service or make any claim against us.
The charges for each plan may include any charges towards, Charges for plan, Service charges, Transaction charges and Taxation(if applicable).
The charges provided shall not include any charges towards third party for registration etc.
Mode of payment of charges in the application is only through online route not cash payment or settlement is allowed in the application.
Material for the course selected maybe provided in the form available with us which can either be videos, PDF or any other format depending upon availability and user can download the same and also place request for delivery after payment.
Providing material shall be discretionary and subject to availability.
We reserve the right to all copyright in material provided and any copying or distribution of the same shall entitle us to legal recourse apart from damages.
The payment which is to be made is subject to deduction or forfeiture towards the complaints made, cancellation made or any misrepresentation or fraud played by the rider in such cases we may at our discretion delete the account and shall forfeit right to any payment.
Payment facility is provided in the form of payment gateway in the application it can be done through Net Banking, debit/credit card and third party Apps.
Users have to follow the instructions as provided therein and proceed to make payment.
If the app does not direct user to payment gateway due to some technical difficulty it shall not constitute any omission from our part.
This facility is provided with the aid of payment gateway and user is required to fill in the particulars for that purpose and we do not in any way shall be responsible for the information provided about card details etc.

Cancellation Not Allowed

It is imperative to lay down the principles governing cancellation:

User once taking subscription by making payment in the application is not allowed to cancel the subscription and claim refund post cancellation.
Subscription of user to continue once payment is made till validity period not withstanding whether user the videos or appears for tests or downloads the material or not.
Refund is to be given only for circumstances enlisted in refund cases and not otherwise.

Procedure For Claiming Refund

Wrongful deduction: In case of any wrongful deduction of amount from the account, or deduction of more than what was ought to have been deducted users can approach the concerned bank and sort out the issue claim reverse we do not offer any remedy or part in this. If in case we receive any such amount from users more than the actual amounts we wish to refund the same to the users.
Refund after Reconcilation: However the same shall be done once reconciliation is done from our end with payment gateway and not before.
Period for processing: Such amount shall be reversed only not later than one week after the reconciliation is done. Time for processing complaints is up to one week only after which we can inform user about whether the complaint is entitle to refund.
Maximum Liability: Our liability in case of refund followed by complaint as mentioned above is restricted to rupees fifteen hundred only and user is not entitled to claim above it.
No Refund in case of deactivation: If the account of the user is deactivated from our end due to reason of complaints or non response or on account of negligent or willful misconduct no refund can be claimed.
Refund only after receipt in account: We do our best to refund the amount back to the users but the same can only be done once the amount is received into our account and transaction is settled not but not earlier.
No claim after fifteen days: Any claim for refund of amount made after a period of 15 days of making payment shall not be entertained and user shall forfeit the right to claim refund if that case.
Settlement: In case of any dispute as to refund claims user can contact with us and try to settle the matter amicably.
Expenses: Refund in case of wrongful deduction shall be made after deducting various expenses incurred and due process.
Mode of Refund: Though refund will be made into the account of the user they are not entitled to insist on the same method for refund it can be made either by payment gateway or wire transfer or any other mode.