In terms of Information Technology statutes, this document is an
electronic record. Being generated by a computer system it does not require
any physical or digital signatures.
This document is published in accordance with the provisions of Information
Technology regulations that require publishing the rules and regulations,
(hereinafter referred to as
) and the IOS/Android application ‘MadGuy Student - All Exam Prep’(hereinafter referred to
as "Application" or “App”), owned by MadCloud Technologies Private Limited.
, a Company incorporated under the Company Act, 2013, (hereinafter called
as “Company”, having its registered office at 3/84 F Block Panki Kanpur, India. Represented by its
members, where such expression shall, unless repugnant to the context thereof,
be deemed to include its respective legal heirs, representatives, administrators,
permitted successors and assigns;
same, and wherever the context so requires
shall mean any natural or legal person who has agreed to become a user
of the Website/App by logging into the Website/App. The Website/App also
provides certain services without registration/acceptance, and such provision
of services does not absolve You of this contractual relationship. The
shall mean Inzane;
shall mean and refer to this Terms of Service, including any amendments
that may be incorporated into it.
shall refer to the period for which the User engages the services of the
. “Third Party”
shall mean and refer to any individual(s), Company or entity apart from
the User and
The headings of each section in this Agreement are only for the purpose
of organising the various provisions under this Agreement in an orderly
manner. These headings shall not be used by either party to interpret the
provisions contained under them in any manner. Further, the headings have
no legal or contractual value.
The Website/App shall have various members who are acting as course providers
who shall be providing and running specific courses on the Website/App
(hereinafter referred to as “
By using the Website/App, You accept and agree to be bound by this Agreement,
and conditions applicable to any service that is provided by the Website/App,
Your use of Our Website/App is evidence that You have read and agreed
Please read both carefully. The use of this Website/App by You is governed
by this policy and any policy so mentioned by terms of reference. If you
do not agree with any of these terms, please discontinue using the Website/App.
We hold the sole right to modify the Terms of Service without prior permission
from You or providing notice to You. The relationship creates on You a
duty to periodically check the Terms of Service and stay updated on its
requirements. If You continue to use the Website/App or avail any of its
services without registration following such change, this is deemed as
consent by You to the so amended policies. Your continued use of the Website/App
is conditioned upon your compliance with the Terms of Service, including
but not limited to compliance with the Terms of Service even after alterations,
2. ONLINE PLATFORM
The Website/App is an online marketplace platform where students can browse
& buy courses online from our partner coaching institutes.
If a user wants to avail services of the Website/App and use it, registration
is required. Further, at any time during Your use of this Website/App,
including but not limited to the time of registration, You are solely responsible
for protecting the confidentiality of Your username and password, and any
activity under the account shall be deemed to have been done by You. In
the case that You provide Us with false and/or inaccurate details or we
have reason to believe that You have done so, We hold the right to permanently
suspend Your account.
We have the right to limit how you connect and interact on our Services.
We're providing you notice about our intellectual property rights. We reserve
the right to limit your use of the Services, including the number of courses
You can view. We reserve the right to restrict, suspend, or terminate your
account if We believe that you may be in breach of this Agreement or law
or are misusing the Services (e.g. violating any Do and Don'ts). We reserve
all of its intellectual property rights in the Services. For example, logos
and Our other trademarks, service marks, graphics, and logos used in connection
with our website/app are trademarks or registered trademarks of the Company
or in certain events the same can be the property of the respective Course
By using this Website/App, it is deemed that You have consented to receiving
telephonic calls, SMSs and/or emails from Us at any time We deem fit. Such
communications shall be sent to You on the telephone number and/or email
address provided by You for the use of this Website/App which are subject
to contacting you through information received from Third Parties. Such
communications by Us is for purposes that
include clarification calls, marketing calls and promotional calls. In
case You wish to stop receiving notifications from Us with regard to marketing
and promotional calls/ with regard to any communication received from Us,
You may do so by sending an email to
In addition, You may also be contacted by Third Parties who may have access
to the information disclosed by You or to whom We may have disclosed Your
information for purposes such as, but not limited to, statistical compilations.
In certain cases, if required for the proper provision of the Service
on the Website, We may provide the information of the students to the Course
Providers when the students have bought that course providers material.
The sharing of the information provided by You shall be governed by our
If you purchase any of our courses, you agree to pay us the applicable
fees and taxes. Failure to pay will result in You not receiving the course
material. Also, your purchase may be subject to foreign exchange fees or
differences in prices based on location (e.g. exchange rates).
Taxes are calculated based on the billing information that you provide
us at the time of purchase.
You will get a copy of your invoice through email post your purchase.
.You can also request a duplicate of your invoice through our customer
7. ACCOUNT REGISTRATION AND OBLIGATIONS
All Users have to register and login for availing services on the Website/App.
As a part of the registration, We collect information such as your name,
gender, name of your educational institution, contact details and other
demographic data & the like.
Membership of this Website/App is available only to those above the age
of 18, barring those “Incompetent to Contract” which
include insolvents. If You are a minor and wish to use the Website/App,
You may do so through Your legal guardian. The Company/Website/App reserves
the right to terminate Your account on knowledge of You being a minor and
having registered on the Website/App or availing any of its services.
However, if you are a minor, i.e. under the age of 18 years, you may use
the Site under the supervision of a parent or legal guardian who agrees
or refuse your registration, or refuse to permit access to the Site or
App, if it is discovered or brought to its notice that you are a minor.
You must keep your account and registration details current and correct
for communications related to your purchases from the Website/App. By agreeing
and newsletters from the Company and its partners or staff member or associate.
The user can opt out from such communication and/or newsletters either
by unsubscribing on the Website/App itself, or by contacting the customer
services team and placing a request for unsubscribing.You will keep your
password a secret. You will not share an account with anyone else and will
follow our rules and the law.
As between you and others, your account belongs to you. You agree to:
(1) try to choose a strong and secure password; (2) keep your password
secure and confidential; (3) not transfer any part of your account (e.g.,
connections, groups) and (4) follow the law and the Dos and Don'ts below.
You are responsible for anything that happens through your account unless
you close it or report misuse.
The Website/ App also provides registration through SNS (Social Networking
Services) like Facebook and Google. In case you choose to register via
a Social Networking Service, we will extract personal information such
as your name, gender, age, educational institution, contact details and
the like from your SNS account for completing the process of registration.
8. THIRD PARTY TRACKERS
We use third party trackers to improve the services, understand users
better and enable better targeting.
9. MODE OF PAYMENT
We use third party payment gateway for completing the process of payment.
The following payment options are available on the Website/App:
Domestic and international credit cards issued by banks and financial
institutions that are part of the Visa, Master Card & Amex Card networks;
Visa & Master Card Debit cards;
Netbanking/Direct Debit payments from select banks.
As prescribed by the financial institutions issuing the credit or debit
cards affiliated with Visa / Master Card / Amex, the User will be required
to submit his/her 16-digit card number, card expiry date and 3-digit CVV
number (usually on the reverse of the card) while making an online transaction.
The User must also have enrolled his/her card with VBV (Verified by Visa),
MSC (MasterCard Secure Code) or any other applicable provider in order
to complete the transaction. The User is hereby expressly made aware that
his/her card statements will reflect that a payment has been made in favour
of the Company.
If you are not satisfied with the platform or the course, you may request
for a 100% refund within 7 days of enrolling for a course by
sending us an email to
with ‘Request for refund’ in the subject line and briefly describing
the reason for requesting refund.
We will refund the amount to the original mode of payment
Depending on your mode of payment, it will take anywhere between 5-7 working
days for the refund to start reflecting
- The website may at the Website’s sole discretion reject refund requests
from users requesting serial or repeated refunds or from users who have
of use of the web site.
- The date of purchase will be treated as the first day irrespective of
the time of the day the purchase was made. For example if you have enrolled
for a course on 15th October 2016, you can request refund only till the 11:59
PM, 21st October.
For any other queries regarding our refund, please write to us at
and we will try our best to help you out.
The User takes full responsibility for payment of all taxes and fees that
are levied or arise in the course of use of the Website/App, including
but not limited to downloading content and availing its service partner’s
12. USER’S OBLIGATIONS
The User undertakes to fulfil the following obligations. Failure to satisfy
any of these obligations gives Us the right to permanently suspend Your
account and/or claim damages for any losses that accrue to Us or additional
costs that may be imposed on us.
You hereby certify that you are at least 18 years of age.
You agree to ensure the email address provided in your account registration
is valid at all times and shall keep your contact information accurate
You agree to comply with all local laws and regulations governing the
downloading, installation and/or use of the Website/App, including, without
limitation to, any usage rules set forth in this Agreement.
You shall provide accurate information to us and keep it updated.
You shall use your real name on your profile.
You shall use the services in a professional manner.
You undertake not to:
Act dishonestly or unprofessionally, including by posting inappropriate,
inaccurate or objectionable content;
Add content that is not intended for, or in accurate for, a designated
field (e.g. submitting a telephone number in the title or any other field,
or including telephone numbers, email addresses, street addresses or any
personally identifiable information for which there is not a field provided
Create a false identity on website/App;
Create a User profile for anyone other than yourself (a real person or
Use or attempt to use another’s account;
Scrape or copy profiles and information through any means (including crawlers,
browser plugins and add-ons, and any other technology or manual work);
Act in an unlawful, libellous, abusive, obscene, discriminatory or otherwise
Violate the intellectual property or other rights of website/App, including,
without limitation using the word ‘website/App’ or our logos in any business
name, email or URL;
Violate the intellectual property or other rights of the Course Providers
Cut, copy, distribute, modify, recreate, reverse engineer, distribute,
disseminate post, publish or create derivative works from, transfer, or
sell any information or software obtained from the Website/App. For the
removal of doubt, it is clarified that unlimited or wholesale reproduction,
copying of the content for commercial or non-commercial purposes and unwarranted
modification of data and information within the content of the Website/App
is not permitted. Should You want to engage in one or more such actions,
prior permission from Us must be obtained;
Access (or attempt to access) the Website/App and/or the materials or
Services by any means other than through the interface that is provided
by the Website/App . The use of deep-link, robot, spider or other automatic
device, program, algorithm or methodology, or any similar or equivalent
manual process, to access, acquire, copy or monitor any portion of the
Website/App or Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Website/App or , materials or any Content,
to obtain or attempt to obtain any materials, documents or information
through any means not specifically made available through the Website/App
is prohibited. You acknowledge and agree that by accessing or using the
Website/App Services, You may be exposed to content from other Users or
Third Parties that You may consider offensive, indecent or otherwise objectionable.
We disclaim all liabilities arising in relation to such offensive content
on the Website/App. Further, You may report such offensive content;
Use the Website/App or in any manner that may impair, overburden, damage,
disable or otherwise compromise (i) Company’s services; (ii) any other
party's use and enjoyment of Company’s services; or (iii) the services
and products of any Third Party (including, without limitation to, the
use the Services or Materials for any unlawful purposes or to conduct
any unlawful activity, including, but not limited to, fraud, embezzlement,
money laundering or identity theft;
abuse, harass, threaten, defame, disillusion, erode, abrogate, demean
or otherwise violate the legal rights of others;
engage in any activity that interferes with or disrupts access to the
Website/App or the Services (or the servers and networks which are connected
to the website/app);
upload or distribute files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of the
Website/App or another's mobile phone;
download any file posted on the Website/App that you know, or reasonably
should know, cannot be legally distributed in such manner;
probe, scan or test the vulnerability of the Website/App or any connected
network, nor breach the security or authentication measures on the Website/App.
You may not reverse look-up, trace or seek to trace any information on
any other user, of or visitor to, the Website/App , or exploit the Service
or information made available or offered by or through the Website/App,
in any way whether or not the purpose is to reveal any information, including
but not limited to personal identification information, other than Your
own information, as provided for by the website/app ;
disrupt or interfere with the security of, or otherwise cause harm to,
the Website/App, systems resources, servers or networks connected to or
accessible through the Website/App or any affiliated or linked website
use the Website/App or any material or Content for any purpose that is
of any illegal activity or other activity which infringes the rights of
this Website/App or other Third Parties;
violate any applicable laws or regulations for the time being in force
within or outside your home country;
violate any code of conduct or other guidelines, which may be applicable
for or to any particular Service;
Publish, post, disseminate, any information which is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
libellous, invasive of another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening
or unlawfully harassing including but not limited to "indecent representation
of women" within the meaning of the Indecent Representation of Women (Prohibition)
threaten the unity, integrity, defence, security or sovereignty of your
home country, 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 any other nation;
disseminate information through the Website/App that is false, inaccurate
or misleading, or violate any applicable laws or regulations for the time
being in force in or outside your home country.
All information, content, services and software displayed on, transmitted
through, or used in connection with the Website/App, including for example,
course material, photographs, pictures, videos, images, illustrations,
audio clips, video, html, source and object code, trademarks, logos, and
the like (collectively and hereinafter referred to as the "Content"), as
well as its selection and arrangement, is owned by Us or the respective
course provider. You may use the Content only through the Website/App,
and solely for your personal, non-commercial use.
You may not, republish any portion of the Content on any Internet, Intranet
or extranet site or incorporate the Content in any database, compilation,
archive or cache. You may not distribute any Content to others, whether
or not for payment or other consideration, and you may not modify, copy,
frame, cache, reproduce, sell, publish, transmit, display or otherwise
use any portion of the Content. You may not scrape or otherwise copy our
Content without permission. You agree not to decompile, reverse engineer
or disassemble any software or other products or processes accessible through
the Website/App, not to insert any code or product or manipulate the content
of the Website/App in any way that affects the user's experience, and not
to use any data mining, data gathering or extraction method.
Unless the Company has otherwise agreed to in writing, nothing herein
gives the members a right to use any of the Company’s trade names, trademarks,
service marks, logos, domain names, and other distinctive brand features,
save according to the provisions of this Agreement.
has the right to use all
logos, trademarks, brand names, service marks, domain names and other
distinctive brand features of the members registered on the website/app.
14. COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If You believe Your work
has been copied in a way that constitutes copyright infringement or are
aware of any infringing material on the Website/App, please contact Us
at firstname.lastname@example.org Information and Content provided by the User by
providing information to, communicating with, and/or placing material on,
the Website/App, including for example but not limited to, communication
during any registration.
You own or otherwise have all necessary rights to the content you provide
and the rights to use it as provided in this Terms of Service;
all information You provide is true, accurate, current and complete, and
does not violate these Terms of Service; and
the information and Content shall not cause injury to any person or entity.
Using a name other than your own legal name is prohibited.
You authorize us to share the information across all our affiliated Website/Apps,
to include the information in a searchable format accessible by users of
the Website/App, and to use your name and any other information in connection
with its use of the material you provide. You also grant the right to use
any material, information, contained in any communication you send to us
for any purpose whatsoever, including but not limited to developing, manufacturing
and marketing products using such information. All rights in this paragraph
are granted without the need for additional compensation of any sort to
We may modify, replace, refuse access to, suspend or discontinue the Services,
partially or entirely, or add, change and modify prices for all or part
of the Services for You or for all Users at any time and in Our sole discretion.
These changes shall become effective upon providing a notice of the same
to You via email/ the home screen of the Website/App . We further reserve
the right to withhold, remove and or discard any content available as part
of Your account, with or without notice, if deemed by Us to be contrary
to this Agreement.
The Website/App has no obligation to provide You with a copy of the information
You or any other User provides on the Website/App or that the Website/App
Further, We reserve the right, in Our sole discretion, to modify or replace
any part of this Agreement at any time, effective upon the date of giving
Users notice of the same. Notice shall be provided of such change via email
to the Users and/ or by posting a notice on the home screen of the Website/App.
You and We both understand that there may be instances of difficulty in
accessing or receiving email communication. We are not responsible if any
email notice gets caught by Your SPAM folder, or if You do not see the
email, or if You have given us an incorrect email id or if for any other
reason You do not receive the email notice. Therefore, we encourage you
to frequently open the Website/App to monitor any changes. Your continued
use of or access to the Services following the posting of any changes to
this Agreement constitutes acceptance of those changes. We may also, in
the future, offer new services and/ or features through the Website/App.
Such new features and/ or services shall be subject to the terms and conditions
of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against
any and all liability, loss, claim, damages, expense, or costs (including
but not limited to attorneys' fees), incurred by or made by Us in connection
with any claim arising from or related to:
Your use or any Third Party’s use via Your account of the Service provided
by the Website/App and its Content;
Your disclosure of information to any Third Party, either through the
details in this regard);
Any breach or violation of this Agreement, including any amendment, or
of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You
also agree not to reach a settlement with any party without Our consent.
17. DISCLAIMER OF LIABILITY
The Company will not be responsible for any damage suffered by users from
use of the services on this system. This without limitation includes loss
of revenue/data resulting from delays, pricing issues or service interruptions
as may occur because of any act/ omission. This disclaimer of liability
also applies to any damages or injury caused by any failure of performance,
error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction
or unauthorized access to, alteration of, or use of record, whether for
breach of contract, tortuous behavior, negligence, or under any other cause
TO THE EXTENT ALLOWED UNDER LAW, WE (AND THOSE THAT WE WORK WITH TO PROVIDE
THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G.
ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES
WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE
(INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THE DISCLAIMERS
MAY NOT APPLY TO YOU.
We or You may terminate this Agreement at any time with notice to the
other. On termination, you lose the right to access or use the Services.
The following shall survive termination:
• Our rights to use and disclose your feedback;
• Any amounts owed by either party prior to termination remain owed after
19. DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation,
refunds, and other claims will be resolved through a two-step Alternate
Dispute Resolution mechanism.
Stage 1: Mediation
. In case of a dispute, the matter will first be attempted to be resolved
by a sole mediator who is a neutral third party and will be selected at
the mutual acceptance of a proposed mediator by both parties. Both parties
may raise a name for the sole mediator and in the case both parties accept
the proposed name, the said person shall be appointed as sole mediator.
In case the parties are not able to reach a consensus within two proposed
mediators, the Company reserves the right to decide the final mediator.
The decision of the mediator is binding on both parties.
Stage 2: Arbitration
. In the event that the Parties are unable to amicably resolve a dispute
by mediation, said dispute will be referred to arbitration by a sole arbitrator
to be appointed by the Company, and the award passed by such sole arbitrator
will be valid and binding on both Parties. The Parties shall bear their
own costs for the proceedings, although the sole arbitrator may, in his/her
sole discretion, direct either Party to bear the entire cost of the proceedings.
The arbitration shall be conducted in English, and the seat of Arbitration
shall be the city of Mumbai, India.
The formation, interpretation and performance of this Agreement and any
disputes arising out of it shall be governed by the law, rules and regulations
of Maharashtra, India. The exclusive jurisdiction and venue for actions
and disputes may be as mentioned above, and You hereby submit to the jurisdiction
of such courts. All Users situated outside of India shall also be bound
by the laws of Maharashtra, India.
it contains to make informed decisions regarding Your personal information.
Please also note that certain information, statements, data and content
(such as but not limited to information related to your booking) which
You provide on the Website/App are likely to reveal Your information about
You. You acknowledge and agree that your submission of such information
is voluntary on Your part. Further, You acknowledge, consent and agree
that we may access, preserve, and disclose information You provide to Us
at any stage during Your use of the Website/App. Disclosures of information
data collected from the Users as well as from the Service provider may
be located in servers outside of India.
21. MISCELLANEOUS PROVISIONS:
This Agreement is the complete and exclusive statement of the agreements
between You and Us with respect to the subject matter hereof and supersedes
all other communications or representations or agreements (whether oral,
written or otherwise) relating thereto.
The failure of either party at any time to require performance of any
provision of this Agreement in no manner shall affect such party's right
at a later time to enforce the same. No waiver by either party of any breach
of this Agreement, whether by conduct or otherwise, in any one or more
instances, shall be deemed to be, or construed as, a further or continuing
waiver of any other such breach, or a waiver of any other breach of this
If any provision of this Agreement shall to any extent be held invalid,
illegal or unenforceable, the validity, legality and enforceability of
the remaining provisions of this Agreement shall in no way be affected
or impaired thereby and each such provision of this Agreement shall be
valid and enforceable to the fullest extent permitted by law. In such case,
this Agreement shall be reformed to the minimum extent necessary to correct
any invalidity, illegality or unenforceability, while preserving to the
maximum extent the rights and commercial expectations of the parties hereto,
as expressed herein.