Terms and Conditions And Payment & Refunds PolicyUSER POLICY TERMS & CONDITIONS (KumarBM.com and subdomains of all these primary domains)
The terms and conditions contained in this User Policy are framed in compliance with all the Laws that are in force in India. Any User who either visits the website or consumes the services provided within the website are deemed to have accepted the stipulations under this User Policy. The acceptance to the Terms & Conditions by the User shall be considered as a valid contract under the Indian Contract Act, 1872. All notices under this agreement will be considered as written and have been duly signed once the same is electronically confirmed.
The Terms and Conditions of this User Policy are framed by kumarbm.com (hereinafter referred to as the “Platform”). The User Agreement has been last updated on 09 Aug 2021.
WHO is A USER?
Any person who has enrolled in a Program or is simply browsing the Platform shall be considered to be a User for the purpose of this User Policy.
1.1 The User of this Platform service shall be a person who has attained the age of majority i.e. 18 years of age as per the Indian Majority Act.
1.2 The User of this Platform services shall provide with the authentic information and details in order to verify the identity of such users.
1.3 The User shall have the access to all the material and audio-visual contents of the subject-matter only on payment of prescribed amount of money through a specified medium which has been prescribed.
1.4 The information collected by the Platform shall be protected under the Data Privacy and such information shall be handed over to the Appropriate Law Enforcement Agencies as and when it shall be deemed required by the Appropriate Law Enforcement Agencies.
2.1 On subscribing and accessing to the courses available on the Platform, the User would be further governed as per the terms of Service that are provided by the platform.
2.2 The User shall have access to the elected course for the indefinite course of period on the payments of required charges. Further, the course material provided to the Users shall be deemed to be owned by Platform and User shall be considered to be a mere licensee for the purpose of that elected course or service.
2.3 Further, the details and records regarding the progress about the ongoing course/s will be updated to the Users on their respective Email addresses.
2.4 The User shall not be allowed to share, download or reproduce any part of the course material without prior permission of the Platform.
2.5 Any unauthorised activities or activities contrary to the terms of this User policy shall authorise the Platform to remove or delete the account of such User.
2.6 On the completion of course/s elected, the User may be provided with an certificate acknowledging the User for completing such course/s. Issuance of the relevant certificates shall be on the discretion of the Platform. However, non-issuance of such certificate shall not be brought as a ground for cancellation of service/s or refunds.
3.PAYMENT & REFUND POLICY
3.1 Full payment, along with applicable taxes, for participation in a Program is required at the time of registration for any Courses available as per the price charged.
3.2 Payments can only be made according to mode or method available at the payment window.
3.3 By using a third-party payment provider, you agree to abide by the terms of such the payment provider. Users also agree to pay the applicable fees for the payments made through the Platform.
3.4 Failure to pay may result in withdrawal of User’s access to a Program. However, Users may cancel their enrolment at any time. No refund will be made once the payment (in part or whole) for a Program has been made. Platform do not provide refunds for the lack of usage or dissatisfaction.
3.5 The Platform does not refund the amount once paid by the User. The Platform reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Refund will not be made to the Users for any account cancelled, suspended, or restricted due to the violation of any terms under this User Policy.
3.6 Any kind of abuse directed towards our staff in any medium or format will result in immediate suspension or termination of your services. Any kind of activities which are considered to be criminal according to the laws prevailing in India will also result in suspension of user’s account.
3.7 Notwithstanding any terms regarding Refund policy of payment gateways which has been used to make payments or could be used in future for taking up any courses on the Platform, the terms regarding abovementioned non-refundable policies shall be final and binding on all Users.
3.8 Any complain regarding the non-refundable policies above shall be communicated to the Platform before taking any legal actions. This communication to the Platform shall be considered as a pre-condition before raising any disputes regarding the same.
4.TERMINATION & CANCELLATION POLICY:
4.1 If at any time the User breaches the terms and conditions of the service, the Platform may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from the User arising from the event(s) giving rise to the suspension, termination or cancellation.
4.2 The Platform reserves the right to suspend your service at any stage for any reason which may deem necessary to continue to provide any of the concerned services in a way that may be hindered by the User’s status as being the client, the User’s financial status or the content of the messages originating from the User.
4.3 Upon any such termination, cancellation and/or suspension, the User is still responsible for any and all obligations as specified under this Agreement (than accrued). Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to/or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation.
4.4 Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using the service and the Platform shall have no obligation towards such User after any termination or cancellation with regard to the services.
4.5 The Users may, as per their best interests, deactivate their account at any point of time. All cancellation requests must be communicated to the Platform. The User may communicate his cancellation requests by email or phone.
5.INTELLECTUAL PROPERTY RIGHTS:
5.1 All the content, information, photographs, audio-visual contents, data and other graphic materials made available on the platform are subject-matter of Intellectual Property Rights and the Platform holds the proprietary rights over such materials.
5.2 These subject-matter of Intellectual Property Rights may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by the Platform.
5.3 Nothing contained on the webpage should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Intellectual Properties displayed on the platform without our written permission.
6.1 Platform may periodically make changes to the contents of the platform, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.
6.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting.
6.3 The User is advised to review these terms and conditions periodically as they are binding upon you.
7.DISCLAIMER AND EXCLUSION OF LIABILITY:
7.1 The Platform respects and maintains all data provided by the User for the purpose of using the application. The Platform also practices to take all the reasonable due diligence to manage, store and delete all the data when necessary belonging to the User.
7.2 To the fullest extent permitted by applicable law, the Platform disclaims all representations and warranties relating to such Platform and its contents, including in relation to any inaccuracies or omissions in the services, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
7.3 The Platform do not warrant that the services will always be accessible, uninterrupted, timely, secure or error free.
7.4 While the Platform may use reasonable efforts to include accurate and up-to-date information, such Platform does not guarantee the accuracy, timeliness or completeness of the services provided therein.
7.5 The Platform shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the services offered, your access to, use of or inability to use the services or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
7.6 The Platform shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with its services.
7.7 Notwithstanding our efforts to ensure that our system is secure, the User acknowledges that all electronic data transfers are potentially susceptible to interception by others. Hence the Platform cannot and do not warrant the loss of data beyond the conducting of reasonable due diligence required.
8.1 Any dispute arising out of the terms mentioned under this User Policy shall be subject to the Bengaluru Jurisdiction. Provided that the Users shall communicate any such reasonable matter or grievance caused to the platform for the purpose of giving an opportunity to resolve the same by the party in prior to initiating any such proceedings.