Terms & Conditions
These Terms & Conditions (“Terms”) of (a) use of our website www.yourgmatclasses.com and courses.yourgmatclasses.com (“Website”), our applications (“Application”) or any products or services in connection with the Application/, Website/products (“Services”) or (b) any modes of registrations or usage of products, including through SD cards, tablets or other storage/transmitting device are between Your GMAT Classes (“We/Us/Our”) and its users (“User/You/Your”).
Please read the Terms and the privacy policy of the Company (“Privacy Policy”) with respect to registration with us, the use of the Application, Website, Services and products carefully before using the Application, Website, Services or products. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or products, the provisions of the Terms shall prevail.
Your use/access/browsing of the Application or Website or the Services or products or registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
If you do not agree with the Terms or the Privacy Policy, please do not use the Application or Website or avail the Services or products.
A. ABOUT YOUR GMAT CLASSES
Your GMAT Classes is owned, managed, operated and offered by Sentinel Education LLP, a LLP incorporated under the Limited Liability Partnership Act, 2008, having its registered office at, Kokarya Synergy Center, 2nd Floor, Nagananda Commercial Complex, 18th Main Road, 9th Block, Jayanagar, Bangalore – 560041.
B. PRODUCTS AND SERVICES OFFERED BY YOUR GMAT CLASSES
Your GMAT Classes provides online courses pertaining to preparation of Graduate Management Admission Test (GMAT) and offers the course content with a Validity Period in various formats including audiovisuals, audio, pre-recorded audiovisuals, live audiovisuals and/or in written form in a diverse range of categories through various modes and means.
Your GMAT Classes also offers Admissions Consultancy Services for students aspiring to pursue post-graduate programs in India and abroad. All the Products and Services offered by Your GMAT Classes are exclusive and separate charges are applicable to each of them.
C. TERMS OF PURCHASE, SUBSCRIPTION AND ENROLLMENT
Products and Services offered by Your GMAT Classes are chargeable. Accordingly, access to our Products and Services is offered by Your GMAT Classes through a multi- tiered paid enrollment plan(s) or purchases; for the details of the Products and Services and applicable features along with their corresponding prices, you may inquire with Your GMAT Classes.
The terms that are applicable to Your Purchase and Enrollment are:
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1. Purchase and Enrollment of a Subscription Plan will allow you access only to the content available under the category of content for which you have purchased the Subscription.
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2. The Services offered, and the validity/term of your Subscription (“Validity Period”) may vary depending on the plan you may purchase. Hence, before you proceed to purchase any Subscription, please read and understand the details of the Subscription(s) you intend to purchase. If you are unclear about any part of the Subscription offering or need further clarification, then please feel free to contact your Facilitator.
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3. The Purchase and Enrollment is of a personal nature and is solely for the benefit of the person purchasing and enrolling and is not allowed to be resold by you or transferred to or shared with any other person for consideration or otherwise. In the event we get to know that any User has resold / transferred / shared the course subscription with another person, then Your GMAT Classes retains the right to cancel/terminate/suspend the course subscription forthwith. Such cancellation/termination resulting shall not entitle you to any refund.
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4. The course cannot be paused/stopped/resumed during the period of validity.
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5. If you are enrolling for the Live Online Class Course (Services), the following terms, in addition to the terms above, shall be applicable:
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- You are responsible for compliance with all recording laws and associated consent requirements. By using the Services, you are giving Your GMAT Classes your consent to store recordings for any or all the Classes conducted through the Services.
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- You agree that You will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts Your GMAT Classes’s networks or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property of Your GMAT Classes; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is derogatory to any religion, caste, sex or political opinions, harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Your GMAT Classes or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services (ix) use the Services in violation of any Your GMAT Classes policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
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- If Your GMAT Classes becomes aware or has reason to believe that you are in violation of these Terms or any other Police, then, Your GMAT Classes reserves the right to cancel/terminate/suspend your enrollment with or without providing any notice or reason. Such termination shall not entitle you to any refund.
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- Your GMAT Classes retains ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names ("Your GMAT Classes Marks") associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Your GMAT Classes Marks, or other proprietary information (including images, text, page layout, or form) of Your GMAT Classes. You may not use any meta tags or any other "hidden text" utilizing Your GMAT Classes Marks.
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- You acknowledge that any use of the Services contrary to these Terms, or any transfer, circulation, sublicensing, copying, recording or disclosure of the course content, technical information or materials related to the Services, may cause irreparable injury to Your GMAT Classes, and under such circumstances, Your GMAT Classes reserves the right to cancel/terminate/suspend your enrolment and will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
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- Batch Shift Policy for Live Online Class Course: Any User enrolled in the Live Online Class Course may request a shift in batch within the next 2 consecutive weeks from the date of enrolment. note that Your GMAT Classes reserves the right to deny any such request with or without giving any reason for the same and the right to change or modify the charge for shift in batch for Live Online Class Course.
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- Your GMAT Classes reserves the right to modify, suspend, or discontinue the Services, or any part thereof, at any time and without notice (except as required by applicable law), and Your GMAT Classes will not be liable to you should it exercise such rights, even if your ability to use the Services is impacted by the change.
D. PRICING, PAYMENTS AND REFUNDS
You can purchase a Course and/or a Service of your choice for any category(ies) of content by following the instructions given and making the payment applicable for the Subscription you intend to purchase. Please read the below terms applicable on the Purchase or your Enrollment. The below terms are to be read with any other terms communicated to you at the time of purchase or enrollment:
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1. You agree to pay the full course fees and charges that are attributable to your enrollment with Your GMAT Classes and that you are solely responsible for payment of these fees and charges. The fees are payable in full and are valid until the completion of the applicable Validity Period.
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2. We reserve the right to pursue the fee owed to us using collection methods which may include retaining collection agencies or legal counsel.
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3. Your payments to the Company shall be subject to applicable taxes or other similar taxes as may be applicable in your country of residence/from where you have purchased the underlying Course and/or Services.
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4. We reserve the right to change/revise the pricing of the Courses and Services. For existing Enrollments for which the applicable fees have been already received by us, we will implement the price changes during the next billing period or renewal of the Subscription.
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5. We further reserve the right to offer custom plans and pricing (including discounts and/or special offers) in addition to what is offered, which include offering custom billing and payment terms, including direct billing arrangements with you and/or your organization. Any such custom offer will be offered at our sole discretion..
6. In case of payment gateway/bank transaction failure, while the amount is deducted from your bank account and is not reflected in our system, your access will be conditional subject to realization of the amount by us. In the event such realization is unsuccessful, Your GMAT Classes retains the right to revoke access to the Course and/or Services without prior notice.
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E. PROCESSING OF PERSONAL INFORMATION
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All our collection, processing, sharing and storing of any Personal Information collected from you shall be in accordance with our Privacy Policy. Kindly read the same to understand the security measures undertaken by Your GMAT Classes to safeguard your Personal Information.
F. INTELLECTUAL PROPERTY RIGHTS
The Partnership owns all information and materials (in whatever form or media) provided or communicated to you by or on behalf of Your GMAT Classes including but not limited to, the Application, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Application, logos, marks, graphics, audio files, video files, any software which is owned by Your GMAT Classes, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to you by Your GMAT Classes.
1. The copyright for all information, contents, material, text, images, graphics, video, script, and audio, contained in the Application, Website, Services and products vests in the Company by virtue of The Indian Copyright Act, 1957.
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2. All information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services and products are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on this Application or Website or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. You may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium.
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3. No User shall be permitted to make, transmit or store electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of the Company.
G. OUR RIGHTS
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1. The Company reserves the right to put on-hold or reject or suspend or terminate your enrollment for the purpose of complying with the legal and regulatory requirements.
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2. The Company reserves the right to cancel your enrollment without notice if you violate any provisions of the Terms.
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3. The Company may modify, terminate, or refuse to provide Services at any time for any reason, without notice.
H. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW
In no event shall Your GMAT Classes, its affiliates, its respective officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of any content available at Your GMAT Classes, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our application by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available by the company, whether based on warranty, contract, tort, or any other legal theory, and whether or not Your GMAT Classes is advised of the possibility of such damages. We understand that, in some jurisdictions, warranties, disclaimers, and conditions may apply that cannot be legally excluded. If that is true in your jurisdiction, then to the extent permitted by law, Your GMAT Classes and its affiliates limit their liability for any claims under those warranties or conditions to supplying you the courses and services. Those who access or use the courses and services offered by the company from other jurisdictions do so at their own volition and are responsible for compliance with local law.
I. APPLICABLE LAW AND JURISDICTION
For all enrollments, purchases and subscriptions, Your GMAT Classes shall be the entity rendering the Services and, accordingly, the Agreement shall be governed by and construed in accordance with the laws of India.
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In the event of any disputes, differences, or claims arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.
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If the dispute is not settled by mediation within 30 days of the appointment of the mediator, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted by a sole arbitrator appointed by Your GMAT Classes. The language of arbitration shall be English. The seat of arbitration shall be Bangalore, India.
The award of the arbitrator shall be final and binding on the parties. The costs of arbitration shall be borne by the parties as determined by the arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
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By agreeing to these terms, you agree to waive any right to a trial by jury or to participate in a class action lawsuit.
J. GENERAL PROVISIONS
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1. Modification, Amendment or Termination: Your GMAT Classes may, in its sole discretion, modify or revise the Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Courses, Services and/or Application post any modification of the Agreement shall be taken as your consent and acceptance to such modifications.
2. Force Majeure: Your GMAT Classes shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
3. Miscellaneous: If any part of the Agreement is found to be unlawful, void or unenforceable, that part of the Agreement will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
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K. CONTACT US
If you have concerns or queries regarding the Terms and Conditions, you may write to us by email at info@yourgmatclassses.com We shall be available to support you on all days of the week from 9 AM to 9 PM (Indian Standard Time).