Terms & Conditions

Use of this website www.pinkprofessor.org (the "Website"), and its products, services, links, and applications (together referred to as the "Materials/Products/Services"), indicates acceptance of these Terms and Conditions (the "Terms”) such that it forms a binding agreement between pinkprofessor.org. (the "We/Us/Our/Organisation/Company") and its users (the “User/You/Your”). Please read the terms carefully before using the Website and the Material/Products/Services.  If you do not accept the Terms or other policies with respect to the Website and the Material/Products/Services, please do not use them.

In the event of any discrepancy between the Terms and any other policies with respect to the Website and the Material/Products/Services, the provisions of the Terms shall prevail.

The Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time. 

 

1. Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets, inter alia the software, text, images, graphics, video, script and audio, contained in the Website or the Materials/Products/Services are proprietary property of pinkprofessor.org (the “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. Neither the Website, the Materials/Products/Services or the intellectual property rights belonging to the Company shall be deemed to confer a license of or any other right, interest or title, to the User(s). 

1.1 You may own the medium on which the information, content or materials reside, 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. 

1.2 Certain contents on the Website may belong to third parties. All rights relating to such content will remain with such third party. 

1.3 Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.


2. Your use of our Website and Materials/Products/Services is solely for Your personal and non-commercial use. Any use of the Website or the Materials/Products/Services other than for personal purposes is prohibited. Your personal and non-commercial use of the Website or the Materials/Products/Services shall be subjected to the following restrictions:

2.1 You may not decompile, reverse engineer, or disassemble the contents of the Website or the Materials, or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website or the Materials, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website and Materials, unless otherwise explicitly permitted.

 

2.2 You will not- (a) use the Website or the Materials/Products/Services for commercial purposes of any kind, or (b) advertise or sell the Website or the Materials/Products/Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website or the Materials/Products/Services in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company.

 

2.3 No User shall be permitted to perform any of the following prohibited activities while availing our Services:

  1. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  2. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;

  3. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

  4. Interfering with any other person's use or enjoyment of the Website or the Materials;

  5. Making, transmitting or storing 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 anyone else;

  6. Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consent(s) for use of such content;

  7. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

  8. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, bots, or other computer programming routines, code, files or such other programs that may harm the Website or the Materials, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;

  9. Access or use the Website or the Materials/Products/Services in any manner that could damage, disable, overburden or impair any of the Website's/Material’s servers or the networks connected to any of the servers on which the Website or the Material is hosted;

  10. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Website or the Material, violate any requirements, procedures, policies or regulations of networks connected to the Website or the Material, or engage in any activity prohibited by these Terms;

  11. Disrupt or interfere with the security of, or otherwise cause harm to, the Website or the Material, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website or the Material or any affiliated or linked sites;

  12. Interfere with, or inhibit any user from using and enjoying access to the Website or the Material, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Website or the Material;

  13. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website or the Material, to access, acquire, copy or monitor any portion of the Website or the Material, or in any way reproduce or circumvent the navigational structure or presentation of the Website or the Material, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website or the Material;

  14. Alter or modify any part of the Services;

  15. Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or

  16. Violate any of the terms specified under the Terms for the use of the Website or the Material.

 

3. By submitting content on or through the Services (“Your Content”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) and to associate Your Content with you, except as described below. You agree that others may use Your Content in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose Your Content in accordance with these Terms. Even if you delete your user account, Your Content and name may remain available through the Services.

 

4. In the preparation of the Website and the Materials/Products/Services therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Website or the Materials. Any feedback from User is most welcome to make the Website and the Materials/Products/Services thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third party provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website or the Materials/Products/Services, for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. 


5. The Website and the Materials/Products/Services provide Users with access to compiled educational information and related sources. Such information is provided on an ‘as is’ basis and We assume no liability for the inaccuracy, incompleteness or obsolescence of such information. We shall not be liable to update or ensure the continuity of such information contained on the Website. We shall not be responsible for any errors, which might appear in such information, which is compiled from third-party sources or for any unavailability of such information. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse such website(s). We have no responsibility for the content of such linked website(s). You may not create a link to the Website from another website or document without the Company's prior written consent.

 

6. The contents of the Website or the Materials/Products/Services are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Website or the Materials/Products/Services is not endorsed as a substitution to the curriculum-based education provided by the educational institutions, rather is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. The Company acknowledges that there are various means of delivering structured curriculum pedagogy; inclusion of any such method(s) in the Website or the Materials/Products/Services does not imply endorsement of any particular method, nor exclusion imply disapproval. Subscription to the Website or the Materials/Products/Services does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.

 

7. Certain contents in the Website or the Materials/Products/Services (in particular relating to assistance in preparations for competitive exams or other administrative services) may contain opinions and views. The Organisation shall not be responsible for such opinions or any claims resulting from them. Further, the Organisation makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.

 

8. Some parts of the Website or the Materials/Products/Services are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. The Organisation accepts no responsibility or liability for any material communicated by third parties in this way. The Organisation reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, We will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether We have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.

9. The Organisation (including but not limited to its subsidiaries or affiliates, if any) may, based on any form of access to the Website or the Materials/Products/Services (including free download/trials) or registrations through any source whatsoever, contact the User through SMS, email and call, to give information about their offerings and products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail and holds the Company (including but not limited to its subsidiaries or affiliates, if any) indemnified against any liabilities including financial penalties, damages, expenses in case the User's mobile number is registered with ‘Do not Call’ (DNC) database. By registering yourself, you agree to make your contact details available to Our employees, associates, subsidiaries, affiliates and partners so that you may be contacted for education information, offerings and promotions through telephone, SMS, email etc.


10. While the Organisation may, based on the User's confirmation, facilitate the demonstration of its Materials/Products/Services as sought by the User, the User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the Materials/Products/Services, and that the User has relied solely on his/her own investigations, examinations and inspections and that the Company has afforded the User a reasonable opportunity for full and complete investigations, examinations and inspections.

 

11. Upon registration through any means whatsoever, the Organisation may contact You via registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Materials/Products/Services. The User expressly permits the Organisation to contact him/her and the student utilising the Materials, through the above mentioned means at any time after registering to any product(s) or service(s), or after subscribing to the updates on the Website. Further, the Organisation shall have the right to monitor the download and usage of the Materials/Products/Services and the contents thereof by the User, to analyze such usage and discuss the same with the User to enable effective and efficient usage of the Products/Services/Applications. The User expressly permits the Organisation to clear the doubts by using the Application/Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the user and mentoring through telephone or e-mail or through any other forum.

 

12. While the Organisation has made efforts to train the personnel engaged in the sales and services relating to its products to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Organisation reserves the right and discretion to take any action in this regard.

13. Access to certain elements of the Services including doubt clearance, mentorship services etc. may be subject to separate terms, conditions and fair usage policy. The Organisation reserves the right to determine the criteria for the provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription or registration to the Website or the Material does not automatically entitle the User to any and all elements of the Services provided by the Organisation and the Organisation shall be entitled to exercise its discretion while providing access to and determining the continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services, solely at Our discretion.

14. The Organisation shall have no responsibility for any loss or damage caused to the tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our products and Services.

15. In order to encourage Customer Retention and Loyalty, pinkprofessor.org encourages its Customers, Fintech Partners and other stakeholders to refer customers to buy pinkprofessor.org’s products and services. The Organisation at its option can pay referral bonus subject to applicable laws. Since this is an optional selective policy of the Organisation, the decision of the Organisation is final and the same cannot be either disputed or challenged. It should be noted with due caution that no customer, fintech partner or other stakeholder shall do business with the Organisation in anticipation of such Bonus. Organisation shall not be held responsible for such anticipation or unwanted expectations of bonus, as the decision to pay bonus is solely Organisation’s discretion, based on criteria as the Company deems fit and reasonable.

 

16. In order to access the Products/Services at the Website or otherwise, You shall be required to register yourself with the Application/Services/Products, and maintain an account with the Application/Services/Products. This registration may be processed on the Website or via other means (email, SMS, phone call, or social media messengers).  You will be required to furnish some of your information and details, inter alia, name, mobile number, e-mail address, residential address, education qualification, university, undergraduate/post-graduate course program name, payment information (credit/debit card details) if required, and any other information deemed necessary by the Application. With respect to the provision of information, the following may be noted:-

16.1 It is Your sole responsibility to ensure that the account information provided by You is accurate, complete and latest.

16.2 You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify the Company of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to the Organisation, for such period of time as we deem appropriate in the circumstances. We shall afford a reasonable opportunity to You to furnish explanation for any alleged misuse, misappropriation or breach of your Account access on the Website or Material. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

16.3 You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Organisation cannot guarantee accessibility to the Website or the Materials, at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to You for any damages arising from Your inability to log into Your account and access our products/services, at any time.

 

17. Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Website or the Material and Our products or services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our Materials/Products/Services. As a minor if You wish to use Our Materials/Products/Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Website or the Materials/Products/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Materials/Products/Services that may occur by virtue of any person including a minor registering for the Materials/Products/Services provided. By using the Materials/Products/Services You warrant that all the data provided by You is accurate and complete and that User using the Materials/Products/Services has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Your subscription and / or refuse to provide You with access to the Materials/Products/Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Organisation does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family member(s).

 

18. You agree to defend, indemnify and hold harmless the Organisation, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Website or the Materials/Products/Services; (ii) Your violation of any provision(s) of these Terms or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right(s); or (iv) any claim that Your use of the Website or the Materials/Products/Services has caused damage to a third party. These defense and indemnification obligations will survive these Terms.


19. In no event shall the Organisation, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.

 

20. In the event of Your breach of these Terms, You agree that the Organisation will be irreparably harmed and may not have an adequate remedy in money or damages. The Organisation, therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company's right to obtain such relief shall not limit its right to obtain other remedies.

 

21. Any violation by You of the provision(s) of the Terms may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Organisation can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of the Terms could also result in civil or criminal liability under applicable laws.

 

22. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent court(s) located in Delhi and You hereby accede to and accept the jurisdiction of such court(s).


23. The Organisation has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website or the Materials/Products/Services, as it deems fit at any time without notice. Further, the Organisation has the right to amend these Terms from time to time, without prior notice to you. The Organisation makes no commitment, express or implied, to maintain or continue any aspect of the Website or the Materials/Products/Services. You agree that the Organisation shall not be liable to You or any third party for any modification, suspension or discontinuance of the Website or the Materials/Products/Services. All prices are subject to change without notice.

 


24. DISCLAIMER: THE WEBSITE OR THE MATERIALS/PRODUCTS/ SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE OR THE MATERIALS/PRODUCTS/SERVICES,  INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR THE MATERIALS/PRODUCTS/SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS/PRODUCTS/SERVICES ON THE WEBSITE OR THE MATERIALS/PRODUCTS/SERVICES IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.

 


25. Effective Date: The Terms are effective as of January 1, 2022 and are subject to change without notice by the Company at any time. Please check for changes regularly. Your use of the Website or the Materials/Products/ Services  after such changes constitutes your agreement to such changes.

 

 

26. General Provisions:

26.1 Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to siddharth.rathore1986@gmail.com

26.2 Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitute the entire agreement between the Company and You with respect to Your access to or use of the Website or the Materials/Products/Services, thereof.

26.3 Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company's rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.

26.4 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

26.5 Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.

26.6 Relationship: You acknowledge that Your participation on the Application, does not make You an employee or agency or partnership or joint venture or franchise of the Company.

26.7 The Company provides these Terms so that You are aware of the terms that apply to your use of the Website or the Materials/Products/Services. You acknowledge that, the Company has given You a reasonable opportunity to review these Terms and that You have freely and wilfully agreed to all of them.

 


27. Feedback: Any feedback You provide with respect to the Application shall be deemed to be non-confidential. The Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Organisation is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Organisation for the feedback under any circumstances, unless specified. Under no circumstances shall the Organisation be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive. Please exercise caution while accessing the Application.


28. Customer Care: We, with complete honesty and good faith, make the best efforts to make Your learning experience from our Website or the Materials/Products/ Services, as wholesome and worthy. However, we regret for any inconvenience caused or difficulty faced by you. That is purely unintentional. In such an unlikely event, please contact us at siddharth.rathore1986@gmail.com. Needless to mention, we are all ears to any constructive suggestion(s), as we believe in continuous learning, reshaping, adapting, research and development, to provide the best in class learning experience to You. They are extremely important for us. Drop your feedbacks and suggestion at siddharth.rathore1986@gmail.com