Terms of Use - Mahendra Gaikwad

Date: 1 July 2024

These Terms and Conditions of Use govern the access and utilization of the services provided by Gaikwad Consultancy Services (“We”, “Us”, “Our”, “Gaikwad Consultancy Services”, or “the Company”) through its platform. The Company’s registered office is located at 9, Pushkaraj B, Thatte Nagar, Gangapur Road, Nashik, Maharashtra, India –PIN -422005

Gaikwad Consultancy Services offers various educational services under multiple brand names, including ‘Gaikwad Consultancy Services’. Our courses prepare students for JEE (Main+Advanced), JEE-Main, NTSE, KVPY, Olympiads, and Boards, catering to students from classes VI to XII, as well as those who have passed class XII.

These Terms and Conditions of Use (“Terms of Use”) apply to all services provided across various channels – digital, physical, or otherwise – through which users access our services. These channels and the associated infrastructure will collectively be referred to as the “Platform”. For the purposes of these Terms of Use, a “User” refers to any individual or legal entity that browses the Platform or subscribes to the services by registering on our website with login credentials.

We reserve the right to amend these Terms of Use at any time without prior notice. The latest version will always be available on this page, and the date at the top indicates the last update. Users will be notified of significant changes. By clicking ‘I Agree’ or ‘I Accept’, or by using the Platform, you agree to be bound by these Terms of Use.

These Terms of Use apply exclusively to our Platform and not to other similar or related platforms, for which different terms may apply.

1. Acceptance of Terms

1.1 These Terms of Use constitute a legally binding agreement between the User and Us. By clicking ‘I Agree’ or ‘I Accept’, or by using the Platform, you agree to these Terms of Use. If you do not agree, please discontinue use of the Platform immediately.

1.2 By using the Platform, you agree to:

Provide true, accurate, current, and complete information about yourself as prompted.
Maintain and promptly update your information to keep it accurate and complete.
Acknowledge that the Company is not responsible for ensuring that you meet the eligibility criteria.
Obtain consent from your parents or legal guardians if you are a minor before providing personal information on the Platform.
Accept that We are not liable for any misuse of the Platform or our services by you that causes harm or injury to a third party.
Accept that We may update and change the content on the Platform without prior notice.
Accept that We may change or replace faculty or tutors at any time without prior notification.

1.3 If you provide any information that is untrue, inaccurate, not current, or incomplete, We reserve the right to suspend or terminate your account and refuse current or future use of the Platform.

1.4 This document is an electronic record under the Information Technology Act, 2000, and applicable rules.

1.5 The Platform is for personal use only. The User is granted a revocable, limited, non-exclusive, non-commercial, and non-transferable license to use the Platform. Free content is available for demo purposes, and access to full content requires a subscription.

1.6 By registering your email address and/or phone number with Us, you consent to be contacted by Us via phone calls, SMS notifications, emails, or other means for subscription or service updates, subject to our Privacy Policy.

1.7 Users are responsible for maintaining the confidentiality of their account and login credentials. We are not liable for any loss resulting from third-party use of your account. You may be held liable for losses incurred by Us due to unauthorized use of your account.

1.8 Due to the global nature of the internet, Users agree to comply with all applicable local laws and regulations regarding the use of the Platform. This includes compliance with laws concerning the transmission of technical data and information exported from India or the User’s country of residence.

2. Eligibility

2.1 Persons competent to contract under the Indian Contract Act, 1872 are eligible to register and use the Platform. Minors must obtain consent from their legal guardians or parents to use our services.

2.2 Users must be students preparing for JEE (Main+Advanced), JEE-Main, NTSE, KVPY, Olympiads, and Boards, or students in classes VI to XII or those who have passed class XII.

2.3 To access the Platform and services, Users must create an account and choose a subscription plan. Users become “Subscribed Users” once their account is created and the appropriate payment is received by the Company.

2.4 To verify eligibility, Users must provide accurate information in the service subscription form. Users will have access to free content initially and can upgrade to a paid subscription.

2.5 Upon selecting a paid subscription, Users will receive a confirmation email with plan details and access credentials. Users may need to provide valid identity and address proof for verification.

2.6 As part of the identity verification process, we will:

Collect, store, use, and disclose identification information in accordance with the Privacy Policy.
Encrypt identification information and store it securely.
Comply with security practices to ensure the protection of identification information.

3. Services of Gaikwad Consultancy Services

3.1 Full access to course content requires a Subscribed User account.

3.2 Service offerings and prices may vary based on the selected course combination.

3.3 “Services” refer to all value-added features and content provided to Subscribed Users, excluding free demo content. The definition of Services may change over time.

3.4 Users are enrolled in the free plan by default and can upgrade to a subscription plan.

3.5 We may modify our service offerings and prices at our discretion.

4. Subscriber Account, Password, and Security

4.1 To create an account and access services, Users must provide a phone number and/or email address and choose a password. Users are responsible for maintaining the confidentiality of their account credentials.

4.2 If the security of an account is compromised, Users can change their password using the ‘forgot password’ functionality on the login page.

5. Third Parties

5.1 We may integrate third-party platforms or use third-party services. Users will be bound by the terms and conditions and privacy policies of these third parties.

5.2 We disclaim all warranties regarding the authenticity or accuracy of information provided by third-party tutors. We do not guarantee the updatedness of tutor videos.

5.3 The Platform may contain links to third-party websites. We are not responsible for the content of these websites, and Users access them at their own risk.

5.4 We are not liable for claims arising from third-party reliance on information obtained from our services.

5.5 Our tutorials are for personal training and knowledge enhancement purposes only. We do not accept responsibility for the use of our services or materials for any purpose other than educational training.

6. Payment Terms

Any payments made to the Platform for Services are subject to the payment terms of Gaikwad Consultancy Services, which will be notified to the User once the User initiates the process to become a Subscribed User. The current payment schedule available to Subscribed Users is mentioned on the Platform.
The Fee, including GST and any applicable delivery charges for the Services, will be shown prior to the completion of the payment transaction.
In the event of a technical error resulting in an incorrect Fee displayed on the Platform, Gaikwad Consultancy Services will notify the User as soon as possible. If the correct Fee is higher than the displayed amount, the User will be contacted via their registered email address and/or phone number to inform them of the correct Fee. To continue accessing the Services, the User may need to remit any additional fees to cover the correct amount.
Gaikwad Consultancy Services uses third-party payment gateway service providers to process payments made by the User towards the Service subscription. The Company is not responsible for payment failures or errors due to technical issues at the bank’s end or issues arising from the third-party payment gateway. Such issues should be resolved directly between the User and the respective banking or payment gateway partner. Details of the third-party payment service providers will be provided in the payment terms.
The provision of Services is contingent upon Gaikwad Consultancy Services receiving cleared funds from the User in respect of the Fee for the relevant Service subscription. If any sum payable is not paid by the due date, Gaikwad Consultancy Services reserves the right to suspend the User’s access to the Services and refuse entry to the subscription plan intended by the User.
For Users accessing the Platform through our app offerings on the App Store or Play Store, please visit our Website to manage your account. You may also be subject to the terms and conditions of the App Store or Play Store, as applicable.

7. Disclaimer Regarding Study Materials

The term ‘Study Materials’ includes offline lectures, videos, question banks, test series, notes, and any other learning materials posted for specific topics, as well as other hard copy or electronic materials that may be made available from time to time. These Study Materials will be provided to a User who meets all the conditions stipulated in these Terms of Use and becomes a Subscribed User.
We do not make any representation, guarantee, or commitment that the Study Materials offered, either in demo versions or as part of the services to Subscribed Users, will be error-free.
The services and all accompanying Study Materials are offered purely on an "AS IS" basis.
The content will be continuously updated (via additions, modifications, or removals) without prior notice to the User and at the sole discretion of Gaikwad Consultancy Services.
We do not guarantee any specific rank, marks, success, or any kind of advantage from using the Platform.
We reserve the right to change and update the content on the Platform to reflect the latest evidence and practices, as well as to meet changing times, needs, and requirements. This includes the right to review, update, and replace the content and features of all Study Materials, such as Offline Lectures, Question Banks, Test Series, Videos, and Notes, at our discretion. We do not guarantee that content or features from previous versions will be available in the latest version.
We reserve the right to engage different faculty or tutors or to change the current faculty or tutors at any time without prior notification to the User.

8. Online Subscription and Access Terms

Except as outlined in the subscription model available on the Platform, no additional Study Materials will be provided by Gaikwad Consultancy Services.
Upon receipt of a confirmation email from us, the User (only if a Subscribed User) will be notified when they have access to purchased services and the duration of such access, subject to our absolute right to suspend or terminate access in accordance with these Terms of Use.
A tentative or confirmed subscription is personal to the Tentative or Subscribed User and cannot be transferred, shared, resold, or otherwise made accessible to any other person. Any such act will be considered a violation of these Terms of Use, and we reserve the right to suspend or terminate access to the User’s account, with or without prior notice and at our sole discretion.

9. Offline and Online Subscription and Access Terms

Except as outlined in the subscription model available on the Platform, no additional Study Materials will be provided by Gaikwad Consultancy Services.
Upon receipt of a confirmation email from us, the Subscribed User will be notified when they have access to online purchased services and the timetable for offline lectures, and the duration of such access, subject to our absolute right to suspend or terminate access in accordance with these Terms of Use.
A tentative or confirmed subscription is personal to the Tentative or Subscribed User and cannot be transferred, shared, resold, or otherwise made accessible to any other person. Any such act will be considered a violation of these Terms of Use, and we reserve the right to suspend or terminate access to the User’s account, with or without prior notice and at our sole discretion.

10. System Requirements

It is your responsibility to ensure that the computer or device you plan to use to access the subscription meets the minimum specification requirements for the subscription you are opting for. We cannot be held responsible for any technical problems, including but not limited to the playback of video content, that you may encounter after the subscription begins.
The Minimum System Requirements for using our Platform are:
- (a) Android 5.1 - Non-rooted - DRM supported devices
- (b) iOS 11 - Non-jailbroken
We recommend using the latest version of Chrome. Other browsers may or may not be supported.
The Minimum Internet Speed requirements for using our Platform are:
- (a) For Videos: 0.8 Mbps
- (b) For other Services: 0.2 Mbps
The Recommended Internet Speed for using our Platform is:
- (a) For Videos: 0.8 Mbps
- (b) For other Services: 0.2 Mbps
Please note that the above specifications are based on user experience and are not conclusive guarantees that the Platform will work optimally. Other unforeseeable circumstances must also be considered when using the services on the Platform.

11. Modifications to Subscription

We reserve the right to make modifications, enhancements, or issue clarifications (such as clarification of doubt or interactive sessions) to the subscription, including changes in services, the number of services available, pricing, and subscription duration.
When we make such changes, we may or may not notify the User, and the User will be bound by such modifications, enhancements, changes, and amendments.
We have complete discretion to update these terms over time as we deem fit and cannot be challenged by the User.
We do not guarantee that content or features from previous versions will be available after the launch of new editions.

12. Technical Support and Access

We do not guarantee uninterrupted or error-free operation of the subscription.
We are not obliged to offer technical support to the User beyond what is included in the specific subscription plan they have opted for.
You acknowledge and accept that we cannot be held responsible for any delays or disruptions to your subscription caused by:
- The operation of the internet and the World Wide Web, including but not limited to viruses;
- Any firewall restrictions placed on your network or the computer you are using to access the services;
- Failures of telecommunications links and equipment;
- Updated browser issues;
- DRM protocols preventing media playback;
- Not meeting the minimum system requirements as defined in Clause 10.

13. Disclaimer

We are not liable for any interference, viruses, hacking, or any consequences caused by network or internet service providers and device manufacturers failing to support DRM protocols.
Users acknowledge that the suggestions and recommendations provided by us on the Platform are optional and can be followed at their discretion.
The Website, Services, and any content or information therein are provided "as is" without any warranty, either express or implied, including but not limited to implied warranties of suitability for a particular purpose or non-infringement. We disclaim any warranties regarding the accuracy, adequacy, or completeness of the content. We do not warrant uninterrupted or error-free operation of the Website or that it is free of viruses or other harmful components.
We do not guarantee that content available on the Website, access to the Website, or the ability to upload, modify, update, transmit, and/or receive information from or through the Website will be uninterrupted, timely, secure, or error-free.
You expressly release us and, where applicable, our trustees, officers, employees, authorized representatives, and agents from any cost, damage, liability, or other consequences arising from your use of the Platform.
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if such delay or failure arises from causes beyond our reasonable control.
Subject to applicable laws, in no event will we, our employees, agents, partners, or contractors be liable for any amount exceeding the payments actually received and retained by us from you for any and all causes of action brought by you or your agents. If you are not a subscribed user, we will not be liable to you under any circumstances.
In no event shall we be liable to the User or any third party for any loss of profits (anticipated or real), loss of reputation, loss of data, or any direct, indirect, special, incidental, consequential, punitive, tort, or other damages, however caused, whether or not we have been advised of the possibility of such damages.
The Platform and Services are intended for use within India only. Those who access or use the Platform from other jurisdictions do so at their own risk and are responsible for compliance with local laws. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. Nonetheless, all other provisions of these Terms remain in full force and effect.

14. Data Protection

We will process the information we receive from the User or otherwise hold about the User in accordance with these Terms of Use and our Privacy Policy. The User consents to the use of such information by us as outlined in these Terms of Use and our Privacy Policy.
We are not responsible for any data loss the User may experience (a) as a result of accessing the tutorial, (b) while accessing Study Materials, or (c) otherwise during the subscription. It is the User's responsibility to regularly save and back up (i) all data held on the device used to access the Services, and (ii) all data being inputted when completing a study module.

15. Gaikwad Consultancy Services No Sharing Fair Usage Policy

An account with Gaikwad Consultancy Services is meant to be used by only one User.
Sharing account credentials for personal or commercial purposes will result in account blockage without prior notice. We reserve the right to do so.
We will track various parameters to assess and identify any form of sharing or unauthorized access.
Violations of this policy will be considered a substantial breach of these Terms of Use, and we reserve the right to take legal action, including but not limited to permanently terminating/blocking your account without prior notice.

16. User-Generated Content

Users agree not to use the services or the Platform to host, display, upload, modify, publish, transmit, update, distribute, share, or store material that:
- Violates any applicable law or regulation;
- Infringes any patent, copyright, trademark, trade secret, or other intellectual property or proprietary rights of others, or violates the privacy, publicity, or other personal rights of others;
- Belongs to another person to which the user does not have any rights;
- Is obscene, pornographic, pedophilic, invasive of another’s privacy, insulting or harassing based on gender, racially or ethnically objectionable, related to or encouraging money laundering or gambling, or promoting enmity between different groups on religious or caste grounds with the intent to incite violence;
- Is harmful to children;
- Deceives or misleads about the origin of the message or intentionally communicates false or misleading information;
- Impersonates another person or entity;
- Contains software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource or our ability to deliver Services;
- Threatens the unity, integrity, defense, security, or sovereignty of India or other countries, friendly relations with foreign states, public order, or causes incitement to the commission of any cognizable offense, or insults any other nation.

17. Termination or Suspension of Account for Illegalities or Suspected Illegalities

We may suspend your account immediately or debar all future access if we suspect illegal activity or take any action we deem fit. Circumstances may include but are not limited to:
- (a) Suspicious activity (High/ Suspicious Activity);
- (b) Usage of rooted/jailbroken devices, emulators, Chromecast, Android TV, Amazon Fire, Samsung Dex, cloned APKs, Chromebooks;
- (c) Use of TV/Smart TV/Apple TV or any other virtual machines;
- (d) Screen casting, screen recording, screen mirroring, downloading videos off the Platform;
- (e) Using a camera, phone, or any other device to record any Platform content;
- (f) Sharing content on social media or any other network (including images, documents, screen grabs, or PDFs);
- (g) Sharing account credentials with anyone;
- (h) Usage of multiple devices (other than up to two devices for personal use);
- (i) Abusing or making disparaging remarks about Gaikwad Consultancy Services and its faculty;
- (j) Selling or attempting to sell Gaikwad Consultancy Services Pro accounts and content.

18. Preservation/Disclosure

You acknowledge, consent, and agree that Gaikwad Consultancy Services may access, preserve, and disclose User account information if required by law or in good faith belief that such access, preservation, or disclosure is reasonably necessary to:
- Comply with legal processes nationally or internationally;
- Enforce these Terms of Use;
- Respond to claims that any content violates the rights of third parties;
- Protect the rights, property, or personal safety of Gaikwad Consultancy Services, its subscribers, and the public;
- Pursuant to the terms of the Privacy Policy, contact the User for marketing or promotional purposes through any channel.

19. Proprietary and Intellectual Property Rights

All materials on the Platform, including names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software, notes (soft and hard copies), study materials, and any other elements (collectively referred to as “Material”) are protected by copyrights, trademarks, and/or other intellectual property rights owned and controlled by us. Unauthorized copying, modification, use, or publication of the Material is strictly prohibited.
We provide you with a single limited license to use and access the Platform and Materials hosted as part of the subscribed Services on permitted devices at the time of your subscription. The license is personal, revocable, non-commercial, non-transferable, and non-exclusive. All content on the Platform, including but not limited to designs, text, graphics, images, information, logos, button icons, software, audio or video files, and offline lectures, is our exclusive and sole property.
All material on the Platform, including images, illustrations, audio clips, video clips, and third-party licensed images, is protected by copyrights, trademarks, and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute such material in any way, including by email or other electronic means, whether directly or indirectly, and you must not assist any other person in doing so.
You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, defeat or circumvent security features, or use the Platform or any part of the Material for purposes other than its intended purposes is strictly prohibited and will result in immediate account blockage or other actions we deem fit.
We and/or our licensors remain the owners of the intellectual property in the tutorial and the study materials. No course or study materials, or any part thereof, may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without our prior written permission.
Users shall not, directly or indirectly, cut, copy, duplicate, decompile, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish, or create derivative works from, transfer, or sell any content, information, Material, software, or any part of the Platform. For the removal of doubt, unlimited or wholesale reproduction or copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.
Users shall not use the Platform to either directly or indirectly, alone or with a third party, disassemble, reverse engineer, or decompile any part or whole of the Platform to access or attempt to access the underlying software or source code or copy the ideas, look and feel, content, features, functions, or graphics of the Platform. Access to or use of the Platform does not constitute a grant of a license, ownership, or any other rights in the content, data, or software included in the Platform.
Users shall not take screenshots of the online/offline videos provided by us, nor should they distribute or share such screenshots. If any such actions come to our notice, we reserve the right to take appropriate legal actions against such Users, including but not limited to blocking their accounts permanently.

20. Assignment

We may freely transfer or assign these Terms of Use and any of our rights or obligations under these Terms of Use to any third party at any time. However, you shall not assign these Terms of Use or any of your rights or obligations under these Terms of Use without our prior written consent.

21. Indemnity

The User agrees to defend, indemnify, and hold Gaikwad Consultancy Services, its subsidiaries, affiliates, trustees, officers, agents, and employees harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including attorneys' fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Gaikwad Consultancy Services or any third party, including but not limited to:
- (a) breach of any warranties, representations, or undertakings, or in relation to the non-fulfillment of any of your obligations under these Terms of Use, or arising out of your violation of any applicable laws, regulations, including but not limited to intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights;
- (b) violation of any applicable laws, including but not limited to the Information Technology Act, 2000, and rules and regulations, or any law for the time being in force;
- (c) fraudulent use of the Platform;
- (d) any information or data provided by you on the Platform;
- (e) any information that is defamatory, obscene, indecent, or unlawful;
- (f) the use of the Platform by you or any person using your account with or without your knowledge or consent;
- (g) violation of these Terms of Use by you or any person using your account;
- (h) any content posted by you, including but not limited to infringing, defamatory, or offensive content;
- (i) any unauthorized access to or use of our servers and/or any personal information stored therein;
- (j) any interruption or cessation of transmission to or from the Platform;
- (k) any bugs, viruses, trojan horses, or similar items that may be transmitted to or through the Platform by any third party.

22. Waiver

Failure to enforce any rights under these Terms of Use does not constitute a waiver of those rights. Any waiver of these rights shall only be effective if made in writing and signed by the authorized representative of Gaikwad Consultancy Services.

23. Severability

If any provision of these Terms of Use is found to be invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the remaining provisions of these Terms of Use, which shall remain in full force and effect.

24. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of India. The User agrees to submit to the exclusive jurisdiction of the courts at Pune, Maharashtra, India, for the resolution of any disputes arising out of or in connection with these Terms of Use.

25. Entire Agreement

These Terms of Use, including any terms incorporated herein by reference, constitute the entire agreement between the User and Gaikwad Consultancy Services with respect to the subject matter hereof and supersede any prior agreements or understandings, whether written or oral, relating to such subject matter.

Contact Information

For any queries, suggestions, or feedback, please contact us at:

Gaikwad Consultancy Services
9, Pushkaraj B, Thatte Nagar, Gangapur Road, Nashik, Maharashtra, India PIN 422005
Email : connect@mahendragaikwad.com