Terms and Conditions

Please read these Terms of Use carefully before you use this Site of GUPTA TUTORIALS INDORE PRIVATE LIMITED or products and services available on this site. By entering into this Site, you accept all the obligations set in the Terms of Use and agree to abide by them. Access to the Site through different media, including but not limited to, mobile phones and tablets, are also subject to these Terms of Use. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to anyone.

Terms of Use

(a) The term "User" shall refer to the user who is browsing the Site (including unregistered as well as registered users). The term "M Learning" shall refer to GUPTA TUTORIALS INDORE PRIVATE LIMITED, and shall include its agents, licensees, licensors, contractors, sub-contractors, and affiliates and subsidiary companies. The term "Site" refers to http://www.M Learning.in and any other website owned by M Learning and Gupta Tutorials Indore Private Limited.

(b) M Learning may revise these Terms of Use at their sole discretion, at any time, without any prior notice. The most updated version of the Terms and Conditions can be found on the Site. Every time a user enters the Site or uses its features it is understood by the User that he is bound by the updated Terms and Conditions.

(c) All information, content and material contained in the Site and the products and services are copyrighted property of M Learning or third parties from whom M Learning has obtained valid licenses and they are also proprietors of all trademarks, services marks, trade names etc. shown on the site. No information, content or material from the Site may be downloaded, copied, modified, reproduced, published, republished, posted, uploaded, transmitted or distributed in any way without obtaining prior written permission from M Learning. You may own the medium on which the information, content or materials resides, but M Learning or M Learning's third-party licensors retain full and complete title to the information, content or materials and all intellectual property rights within.

(d) All rights not expressly granted herein are reserved to us and any use of the Site, products and services which is not expressly permitted or allowed is deemed as unauthorized use. Unauthorized use including a violation of the right of M Learning in copyrights, trademarks and other forms of intellectual property and contravention of any applicable laws, may result in criminal and / or civil penalties.

(e) The Site may contain links to other websites and access to content, products and services from third parties, including users, affiliates sponsors and advertisers of the Site. You agree that M Learning is not responsible for the availability, authenticity and safety of and for the content provided in these third party websites. The User is requested to read thoroughly the privacy policy and other terms and conditions applicable. M Learning reserves the right to disable links from third-party websites to the Site, although under no obligation to do so.

(f) Any use of this Site or its content other than for personal purposes is prohibited. You may not use any content on this site even after modifying without prior approval from M Learning.

(g) You agree not to use this Site in any way that might be harmful to the Site or products or services in any manner. You also agree not to engage in any fraudulent or abusive behavior regarding the use of the Site or our products and services. The User shall be liable for anything uploaded by the User on the Site including but not limited to posts, comments, files etc. with or without the information or knowledge of the User.

(h) You will not engage in any form of antisocial, disrupting or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" as those terms are commonly understood and used on the internet.

(i) Despite all rational efforts to display information on its Site as accurately as possible, M Learning does not warrant that all information including but not limited to product descriptions or any other content are complete, reliable, up-to-date or error-free.

(j) M Learning products and services including the application and content are compatible only with specific hardware recognized by M Learning. M Learning shall not be bound to provide products or services for any hardware other than the specific ones that are recognized by M Learning or hardware purchased from any third party which are not compatible with M Learning products and services.

(k) M Learning shall have all rights to use in any manner it wants and at its own discretion, the content posted by any Users on the Site (apart from the personal information in registration process) not breaching any third party intellectual property rights to the knowledge of M Learning.

(l) M Learning reserves the right, in its sole discretion, to suspend or terminate, without prior notice, the User’s access to the Site or products and services, or any portion thereof, at any time if there is any indication of any breach whatsoever.

Content and Liabilities Disclaimer

(a) M Learning does not warranty the adequacy, completeness or accuracy of any information, content and material contained in the Site or our products and services.

(b) M Learning makes no assurance that:

(i) Site or our products and services will meet User’s requirements, needs or wants.

(ii) There will be a timely and continuous supply of content on the Site or products and services.

(iii) Errors in the Site or products and services will be rectified

(iv) Content, information and materials available are free of viruses or other harmful components.

(v) The results that may be obtained from the use of the Site and /or products and services offered through the Site will be accurate, reliable or fruitful.

It is completely at the User’s discretion to use these.

(c) There could be technical inaccuracies or typographical errors in content provided on Site or products and services. M Learning may make improvements and changes from time to time.

(d) In no event shall M Learning and/or its licensor/ supplier be held liable to any party for any damages (direct, indirect, special or other consequential) whatsoever for any use of M Learning Site, products, services or any direct or indirect links or hyperlinks from and to the Site or products or services.

(e) Products or services other than that of M Learning may be provided for informational purposes and constitutes neither support, approval nor a recommendation by M Learning.

(f) M Learning holds no liability for any content posted by the Users on the Site using any open communication forums. Views expressed by the Users are their own and should not be assumed as reflecting the opinion of M Learning.

(g) M Learning at its sole discretion could remove any content that in its judgment violates these Terms of Use or is deemed unlawful by it.

(h) M Learning or its partners or its licensors and licensees assume no responsibility for any damage or problems with any software or hardware owned by User or used by the User while using M Learning Site or products or services.

(i) M Learning shall not be liable in any case whatsoever for damages of any kind including but not limited to punitive or non-punitive, direct or indirect, special, cautionary, incidental, consequential etc. At its sole discretion M Learning will bear direct damages only upto a maximum amount paid to M Learning for the product or service which should not be arising out of misuse of or inability to use, or errors, omissions or other inaccuracies in the Site or the products and/or services, or any information provided on the Site. In case law does not allow such exclusions, only that part shall be excluded and the remaining Terms and Conditions still hold.

Purchasing and Ordering Disclaimer

(a.) Before purchasing any product or services, whether personal or business, you should look at demonstration of the content of the product you are considering before making any decision. M Learning does not offer financial, legal or any other advice whatsoever. All purchase decisions made would be entirely your choice.

(b.) It is assumed that during a purchase you understand and agree to all the terms. It is also assumed that if you do not understand or agree with these terms then you will not place an order for any product or service.

Pricing

(a) All prices are subject to change without prior notice. Every efforts has been made to ensure accurate pricing of the products featured on our Site. If the listed price of a product has changed, you will be notified of the revised price prior to the processing of your order. M Learning reserves the right to refuse sale of any product or service if it deems fit. In case the booking is made after a confirmation on communication of a prior pricing, you shall be intimated by M Learning of the difference amount.

Registration

(a) Any User who wishes to purchase any product from the Site, will be prompted to register with the Site. Only registered User can make purchases online.

(b) M Learning will send email notification to the email id provided to M Learning by the registered User during the registration process.

(c) M Learning may also contact the user through sms and call to give notifications on various important updates. Therefore, User hold M Learning non liable to any liabilities including financial penalties, damages, expenses. In case the users mobile number is registered with Do not Call(DNC) database.

Order

(a) Any User who wishes to purchase e-study material(s) from the Site can add the selected products directly to the shopping cart. There after registration process, you are ready to make payments for the purchase(s).

(b) Any User who wishes to purchase complete video lectures along with study material can select the course, subject(s) and standard/class. During registration process you are prompted to specify system environment/OS, Preferred Hard disk(internal/external) and License Period. Based on these specification your billing is done and you are ready for the payments. Product will be shipped on the availability of the hardware. The duration within which product will be shipped may differ as per your location.

(c) All orders are considered complete only after the payment has been realized by M Learning.

Payment

(a) M Learning accepts payment from registered User who make purchases on the Site only through the following means:

(i) Credit Card (ii) Debit Card (iii) Net Banking (iv) Cash Card

(b) M Learning as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction or failure of a transaction occurring due to technical or other errors.

Delivery and Shipping

(a) The User must specify the email id and delivery address at the time of purchasing the product or services after which no modifications in this address will be allowed. Making any amendments is at the sole discretion of M Learning. Discrepancies in name or address might lead to non-delivery of the product.

(b) The delivery for the order of e-study material is done immediately after the payments. The User is re directed to the link through which User may download the PDF format. A copy of the same e-study material is sent through the email at the registered e-mail id.

(c) The deliveries of video lectures along with e-study materials contained in the Hardware is processed through a suitable courier service either affiliated to or chosen by M Learning for the job. The estimated time of delivery is between 7 to 15 business days but depends entirely on location and prevailing conditions.

(d) M Learning under no circumstances can be held liable for non-delivery of the products.

Returns

(a) Any order can be cancelled/modified only prior to dispatch; consequently, after the product has been dispatched the order cannot be cancelled/modified under any condition.

(b) For return of products damaged prior to initial delivery, m Learning shall take the responsibility and bear cost of return, but post the initial delivery, any return for any reason whatsoever, the cost will be borne by the User.

(c) In case of product damaged prior to delivery, the User must file the return request via email, within 2 days from date of delivery. Otherwise, the damage will be considered a post-delivery damage rather than pre-delivery damage.

(d) For pre-delivery damage, User will have to send back the hard disk to m Learning Head Office. The hard disk must be dispatched by the User within 4 days from date of initial delivery, otherwise the damage will be considered a post-delivery damage.

(e) For any other damage during the time period of subscription, the damage will be dealt in accordacne with the warranty policy of hard disk manufacturer. In any such case, the User will have to send back the hard disk to m Learning Head Office and also bear the courier charges.

(f) In case the damage is not covered under the warranty policy of hard disk manufacturer, the User will have to pay m Learning for a new hard disk along with a convenience fee. If the User fails to do so, he/she will not be able to continue using the suscription.

Privacy Policy

(a) To enable the User to become a registered User of the Site, M Learning needs to have User’s basic personal Information (any information which alone or together with other pieces of information can be used to find the identity of a person). By accessing or using the Site, the User explicitly consents to our use and disclosure of the personal information. During visiting the Site, systems might collect computer or other hardware details like Machine Id, IP address or MAC Address, though these do not identify you personally.

(b) Any and all the information collected as per the preceding point will become assets of M Learning. Whenever required by M Learning, the information collected could be used to contact the User to monitor and improve the Site or product and services and also to inform about new product launches or any other relevant updates as per M Learning. The information will also be used to calculate the number of Users for the Site and to know the geographical locations of the Users.

(c) Some information including personal information needs to be disclosed to third parties including but not limited to courier service, content creators etc. Users must be aware of this fact.

(d) M Learning may disclose Personal Information in order to respond to any legal processes or mandates with or without any prior notice to the User.

(e) M Learning utilizes a standard technology called 'cookies' and web server logs to collect information regarding the use of the Site and its improvement. 'Cookies' is a small data file containing a string of characters that are sent to your device or computer, which uniquely identifies your browser. We may use "persistent cookies" to save your registration ID and login to the Services. We may use "session ID cookies" to enable certain feature of the services, to better understand how you interact with the Services and to monitor aggregate usage and web traffic routing on the services. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to prompt you when a cookie is being sent for your acceptance or refusal. If you do not accept cookies, however, you may not be able to use all aspect of the services.

(f) M Learning may share the User’s personal information provided, with third parties conducting such an event in which the User directly or indirectly takes part. In some cases the User shall be given the opportunity to opt-out and not share personal information although this could impact the User’s part in the event. M Learning will not be liable for any losses incurred due to this.

User Representations

(a) User represents that he or she is violating any applicable law or regulation and not legally or otherwise disabled which limits the ability to comply with these terms or to use M Learning's site, product or services.

(b) User represents that all the information submitted including but not limited to registration, is truthful and accurate and that the User will maintain the accuracy of such information perpetually.

(c) User shall not purchase M Learning's products or services for resale to others and will not do so without M Learning's prior written consent.

Indemnity, Liability and Enforcement

(a) You hereby indemnify, defend, and hold, M Learning and Gupta Tutorials Indore Private Limited, its distributors, agents, representatives, employees, officers, affiliates, shareholders, investors, subsidiaries, directors and attorneys and all of its predecessors, successors, parents, and their respective heirs, successors and assigns, harmless from and against any and all losses, damages, liability and costs, including, but not limited to reasonable attorneys' fees incurred by the Indemnified Parties mentioned, in connection with any claim arising out of usage of the Site or products or services of M Learning.

(b) Any breach of terms and conditions by the User, The User shall promptly bring to the notice of M Learning and User is liable to indemnify M Learning for all the cost, losses and damages caused to m learning as a result of such a breach.

(c) In the event of User’s breach of the Terms and Conditions, M Learning will be irreparably harmed and will not have an adequate remedy in money or damages. M Learning therefore, shall be entitled in such event to obtain a ruling against such a breach from any court of competent jurisdiction. M Learning’s right to obtain such relief shall not limit its right to obtain other remedies. The User shall be responsible to pay for the damages as ruled by competent authorities.

(d) M Learning, M Learning’s distributors, agents, representatives and other related parties shall be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond M Learning's reasonable control including but not limited to, acts of god, war, shortages of labor or materials, technical failures, power failures, civil disturbances, orders of courts or tribunals, non-performance of third parties.

(e) These terms and conditions are governed by the laws of the Republic of India and those who access the Site are responsible for compliance with all applicable laws including, but not limited to, applicable local laws. In the event of a dispute in connection with these Terms and Conditions, any such dispute shall be under exclusive jurisdiction of courts of Indore, Madhya Pradesh.

(f) Any failure of M Learning to exercise or enforce any right or provision of this Terms of Use shall not operate as a waiver of such right or provision.

Severability

Each clause or sub-clause the Terms and Conditions shall be severable from each other and if for any reason, legal or other, any clause, sub-clause or provision is invalid or unenforceable, such invalidity shall be limited to that particular clause or sub-clause or provision and all the other clauses, sub-clauses and provisions shall continue to be in effect.