TERMS OF ACCESS AND USAGE
The following Terms and Conditions shall be called as Terms of Access and Usage. Any
reference in the Platform to the Terms of Access indicate the following conditions.
Kwickprep Education Services LLP (Hereinafter referred to as “Kwickprep” or
“Platform” or “Content/Service provider” based on the terms) aims at providing various
courses to the students belonging to 10th, 11th and 12th grade through various interactive
and novel modes.
The Terms of Access and Usage mentioned herein under shall apply to any and all
student(s), person(s), individuals, company, institute, or any association of persons of any
kind who access the platform of Kwickprep to learn, improve, develop or channelize for
further consumption, any skill as tutored by Kwickprep under its curriculum. Further, the
Terms of Access shall be applicable to any agents of any kind of any of the aforementioned
persons, who access the platform of Kwickprep for any reason whatsoever.
Without prejudice to the generality of the aforementioned provisions, it is clarified that, no
student(s), person(s), individuals, company, institute, or any association of persons of any
kind (Hereinafter referred to as “User”) can claim non application of the terms of access
and usage to their use of the Platform by virtue of their purpose for such access or use of
the Platform provided by Kwickprep.
Each of the aforementioned user shall be deemed to have been granted a non-transferable,
non-assignable, non-exclusive and limited license for access of the materials on the
platform in accordance with their chosen and opted subscription model. Further such
limited license of access shall be valid through the period of subscription on basis of the
subscription provided by Kwickprep. It is clarified here for avoidance of any doubts that,
the computation of subscription period for the purposes of this clause and wherever
required, shall be deemed to be as determined by Kwickprep in accordance with their
policy and the same shall not be subject to any challenge.
Further, the permitted nature of use of the content provided by Kwickprep is noncommercial and for self-learning and individual purposes only. Any unwarranted
distribution, reproduction or sale of the same in any manner is prohibited. Legal action
against any of such activities shall be initiated by Kwickprep. In addition to any of the legal
remedies available to Kwickprep, it shall be entitled to injunction on further reproduction
etc. and damages to the tune of profit gained by such non-permitted activity.
Kwickprep reserves its rights to deactivate any subscription and/or remove any device on
which the subscription is being accessed in accordance with its policies. Further, automatic
removal/ deactivation shall ensue from the side of Kwickprep in eventuality of expiration
of subscription period or any other contingent event.
Without prejudice to the generality of the terms above, it is clarified that, no user of any
kind, whether commercial, individual or otherwise, shall be entitled to reproduce,
duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform
or any portion of the Platform (including but not limited to any copyrighted material,
trademarks, or other proprietary information) except with the express permission of
Kwickprep. Any action in derogation to the same shall ensue strict legal action
1. COPYRIGHT AND OTHER QUALIFICATIONS FOR USAGE
Except to the extent where specifically mentioned or procured for the purposes of research,
Kwickprep has the complete right, title and interest over the Intellectual Properties over all
the illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of
the Platform, logos, marks, graphics, audio files, video files, any software which is owned
by or licensed to Kwickprep and/ or its affiliates, 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 Kwickprep.
Any usage of any kind of the aforementioned Intellectual Property of any form belonging
to Kwickprep shall invite appropriate legal action. In addition to any of the statuory and
legal remedies, Kwickprep shall be entitled to damages pursuant to the said infringement.
User shall not employ any tool or software including malware of any kind to access the
content and data of other users etc. in an unauthorized manner. Any such employment of
whether legal or illegal nature shall invite strict legal action against the said User.
2. CONDITIONS FOR USE
In case of any User infringing any right over the material provided by Kwickprep or any
material hosted on the Platform of Kwickprep, there shall be no liability of Kwickprep for
the same. Any third party copyrighted material used by Kwickprep for research and
education purposes shall not be used to distribute or reproduce or create anything of a
derivative nature by any user. There shall be no liability of Kwickprep for any of the
aforesaid illegal actions. Kwickprep does not endorse or encourage the same.
In case that, Kwickprep provides for an option of receiving and displaying the comments/
writings of any User, it shall be the sole responsibility of the user to ensure that the same:
A. Is not pornographic or harmful for viewing by any person in any manner;
B. Does not violate any law and or does not constitute any offence under the Indian law;
C. Does not infringe any Intellectual Property Right of any kind and or is not appropriate
for minors
D. Does not threaten the unity, integrity, defense, security or sovereignty of India, 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 other
nation;
E. Is not patently false and untrue,
F. Is not written or published in any form, with the intent to mislead or harass a person,
entity or agency for financial gain or to cause any injury to any person;
G. Does not contain any virus or any malware of any kind intended to disrupt or
detrimentally interfere with, surreptitiously intercept, or expropriate any system, data
or Personal Information.
In case of commission of any of such activity, the perpetrator/user shall be solely liable for
the same. Further, Kwickprep shall initiate appropriate legal action against any such user.
Kwickprep will not allow any content that promotes or relates to violence and incitement,
coordinating and promoting harm, bullying or abusing any other user or Kwickprep per se;
creating a fraud or deception of any manner, promoting or relegating hate speech of any
kind; endorsing nudity in any manner whatsoever; any threat to cyber security of
Kwickprep or any other user. In case that any user is found to have been engaging or
promoting any such activities, Kwickprep reserves its rights to immediately suspend the
account and also take such legal action as found necessary.
Any user shall not act in a manner which is detrimental to any other user on the Platform.
If Kwickprep determines that you have clearly, seriously or repeatedly breached our Terms
or Policies, including in particular our Terms of usage or general standards of appropriate
behavious, we may suspend or permanently disable access to your account. We may also
suspend or disable your account if you repeatedly infringe Kwickprep’s or any other third
party intellectual property rights or where we are required to do so for legal reasons.
3. LIMITATIONS ON LIABILITY
Kwickprep is an education based knowledge and information providing entity. It is
clarified in no uncertain terms that, there is no guarantee or representation of any nature
whatsoever on behalf of Kwickprep or any of its agents regarding the marks, passing
criterion, scholarship etc. for any user/student. Kwickprep provides the best in class
services for the students and for their education, however at no point of time guarantees
any outcome/ result etc. for any student/ user.
The content uploaded on the platform of Kwickprep must be construed on “as is” basis.
There is no promise or guarantee of any kind in relation to the uploaded content and or
study material provided by Kwickprep. There is further no guarantee that the content
uploaded on Kwickprep will always be safe, secure or error-free, or that they will function
without disruptions, delays or imperfections.
Kwickprep further disclaims all warranties, whether express or implied, including the
implied warranties of merchantability, fitness for a particular purpose, title and noninfringement.
Kwickprep further does not represent or give any guarantee of any kind for any student or
user and their academic abilities therein. Kwickprep or their agents of any kind have no
control over the students and their personal factors. Hence, there is no expression pertaining
to any guarantee in relation to the same.
Any unforeseen event or any disruption in supply of electricity or internet or any server
over which Kwickprep has no control, shall not yield in any liability of Kwickprep of any
kind.
Kwickprep does not guarantee continuous, uninterrupted or secure access to the Platform,
and operation of the Platform may be interfered by numerous factors outside our control.
In no event shall Kwickprep or its agents and or affiliates of any kind be held responsible
for any of the following acts:
A. Any actions of whatever kind and nature by any User or third party.
B. Any error or inadvertence in the content hosted on the Platform by Kwickprep.
C. Any personal injury or property damage or any kind from the usage or access of the
contents of the Platform of Kwickprep.
D. Any threat to cyber security or any disruption in any system of any user, purported to
have been caused by the content hosted or available on the Platform of Kwickprep.
E. Kwickprep has not represented that the content posted for the users on the Platform is
compliant with the laws throughout the jurisdictions in the world. Any access of the
Platform of Kwickprep from any corner of the world must be done by the user in
accordance with the policies and rules of their jurisdiction.
4. INDEMNITY AND GUARANTEE:
The user and its agents or representatives undertake to indemnify Kwickprep against any
losses of any kind including the losses incurred while pursuing or defending a suit against
any third party arising out of:
A. The user’s actions of access or usage of any content hosted over the Platform.
B. The user’s actions of infringement of any Intellectual Property of any kind.
C. The user’s actions of infringement of any violation of any Indian Law.
D. The user’s actions constituting an offence under the Indian Law.
E. The user’s actions of any and all kind pertaining to the platform of Kwickprep or any
other transactions with Kwickprep of any nature.
5. DISPUTES AND JURISDICTION
Any disputes of any kind between the User and Kwickprep shall be subject to Ahmedabad
jurisdiction only. The parties to the dispute shall initiate all their legal actions and agree to
submit to the Jurisdiction of the Courts at Ahmedabad. For the avoidance of any doubt, the
instant agreement, upon clicking on the agreement screen, shall be deemed to have been
entered into in Ahmedabad.
Further, the parties shall endeavor to settle the arisen disputes through amicable settlement.
Only in case that such amicable settlement fails, the parties shall resort to Arbitration for
the settlement of their disputes under the Arbitration and Conciliation Act, 1996 along with
its amendments and notifications.
Before averting to any of the legal actions, the User shall try and redress the grievance
through the representatives of Kwickprep. The particulars for the said communications are
as follows:
Mihir Joshi
+91 97255 25791
Failure in compliance of any of the aforesaid stipulations shall entitle Kwicprep to
pursue/defend any legal action at the risk and cost of the opposite party.
6. MISCELLANEOUS PROVISIONS
Modification, Amendment or Termination: Kwickprep 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 Platform post any modification
of the Agreement shall be taken as your consent and acceptance to such modifications.
Nothing in the Agreement shall be deemed to confer any third-party rights or benefits. You
are advised to check our Platform frequently to see recent changes and to keep yourself
updated with the most recent updates.
Force Majeure: Kwickprep 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.
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. Any notice required to be given in
connection with the Platform shall be in writing and sent to the office of Kwickprep.
Headings are for reference purpose only an on no way define, limit, construe or describe
the scope or extent of such section. Our failure to act with respect to any breach by you or
others does not waive our right to act with respect to subsequent or similar breaches.
