Terms and Conditions of Use
SHOCKWAVE EDUCATION LLP, operating under the name of EXAMGOAL, is a popular brand that provides guidance to prepare for JEE, NEET, CBSE, GATE, SSC, UPSC and all other state board govt examination and intends to expand its services for other educational services including school classes, college classes.
Please be informed that as a user you are using our services and hence, trust us. Therefore, it becomes pertinent that we are able to provide you with the best quality services with minimal effort. We endeavour to ensure that every user experience is smooth and hassle-free. These Terms and Conditions of Use, guide user behaviour and in the process lay down certain parameters and guidelines, which would be beneficial to both, you and us, the Company.
2. Acceptance of Terms
In consideration of your use of our Platform, on which the services are availed, You agree:
- To the responsibility of ensuring that You meet the required qualiﬁcation while opting for the courses subscribed.
- To maintain and promptly update your login credentials to keep it true, accurate, current and complete
- And acknowledge that EXAMGOAL is not responsible to ensure that You conform to the eligibility criteria
- To seek the consent of Your parents/legal guardians, in case you are a minor, before providing any information about Yourself or Your parents and other family members, on our Platform.
- That We are not responsible or liable for any consequences that arise as a result of misuse of any kind, by You, in the EXAMGOAL App, EXAMGOAL Website or any of Our services, such that it causes any harm or injury to a third-party.
- That We reserve the right to change and update the content in the Platform to represent the latest evidence and practices, with the changing times, needs and requirements. We reserve the right to constantly review, update and replace the content and features of all the Study Materials, including but not limited to Test Series, Videos and Notes, which would be carried out on a yearly basis in the form of ‘Editions’. We do not guarantee that any content or features, of the previous Edition, would be made available on the Platform in the new Edition.
- That We reserve all right to engage a different faculty or tutor or change the current faculty or tutor at any given point of time without any prior notification to the User.
- If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Platform.
- This document is an electronic record in terms of the Information Technology Act, 2000 (IT Act) as amended in 2008 and the Rules as applicable thereunder, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- You may access the Platform and subscribe to the services only for Your personal use. The Platform as a whole, is owned exclusively by SHOCKWAVE EDUCATION LLP. You acknowledge that We are providing You with a revocable, limited, non-exclusive, and non-transferable license to use the features of the Platform. You will upon logging into our Platform as a regular user be entitled to view Our limited free content as a demo of the offerings. You will get access once You enroll as a Subscriber. You are advised to review this free content before taking the decision to proceed to subscribe to the services as a ‘Subscribed User’
- By using our Platform you authorize us to contact you via email or phone call or sms and offer you our services, imparting product knowledge, offer promotional offers running on website/App. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from SHOCKWAVE EDUCATION LLP for the above-mentioned purposes till 365 days of your registration with us. Similarly, by registering Your Postal Address with Us, You consent to be contacted by Us via posts/mails/courier services and/or any other means that help us reach You, in case of delivery of any material or any subscription or service updates.
- You are entirely responsible for maintaining the security and conﬁdentiality of Your account as well as the login credentials to the account once you become a ‘Subscribed User’.
- We will not be liable for any loss that You may incur as a result of a third party using Your account, either with or without Your knowledge. You may be held liable for any losses incurred by Us as a consequence of third party usage of Your account.
- Due to the global nature of the Internet, You agree to comply with all applicable local laws, state speciﬁc laws, and rules/regulations regarding use of the Platform. You also agree to comply with all applicable laws regarding the transmission of technical data and information, exported from India or the country in which You reside.
- Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for our Product and be a Registered User (defined hereunder). As a minor if You wish to use the OUR Product or Our 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 EXAMGOAL App/ EXAMGOAL Website/Product, 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
- You are mandatorily required to either be a person of competence, complying with Clause 3.1, as mentioned above.
- To register on the Platform for availing the Services a login account is required. You become a Subscriber/Subscribed User (hereinafter ‘Subscriber’) once the account is created.
- If You choose to purchase a paid subscription, You will be directed to the purchase page and have the option to select the services and duration for which You wish to become a Subscribed User. Upon receipt of the payment in full (or in Part, if such choice is given by the US), the user would become a “Subscribed User”. After the payment is made, You will receive a conﬁrmation Email/SMS to the registered Email ID/Mobile Number conﬁrming your plan details and credentials for accessing the Platform.
4. Platform Services
- To avail the full range of course content offered as part of the Services, You will have to mandatorily be a Subscribed User meeting all the requirements.
- The Services and amounts payable to access the Services may differ for different Subscribers and will be based on the course combination chosen by You either at the time of enrolling as a Subscribed User or thereafter, based on the courses a Subscribed User adds to his/ her account.
- As a “Registered User”, You are enrolled to the free plan by default and have the option to purchase a course and become a Subscribed User.
- You agree that any Services provided by Us may be subject to change at Our discretion and We may add, remove or modify offerings to its existing scope of Services at such fees as will be solely determined by Us.
- We may, at Our discretion, revise the amount payable in respect of existing offerings forming part of the Services that may be made available to You.
- You agree that We may at any time and for any reason, terminate Your access to whole or part of the Platform, or restrict or suspend Your access to your Subscribed User account, for any or no reason, with or without prior notice, and without any liability to You.
5. Subscriber Account, Password and Security
If You use the Platform and wish to avail Services by creating a User account, You may be required to submit your phone number and/or email ID and choose a password which will be the only set of credentials, on the basis of which You will be granted access to the Platform and its Services. You are responsible for maintaining the confidentiality of Your password and other credentials to access the Services. If there is any compromise to Your account, You can change your password using the ‘Forgot Password’ functionality available on the login page used to access the Platform.
6. Payment Terms
- Any payments made to EXAMGOAL in respect of Services are subject to the payment terms of EXAMGOAL as will be notified to You once You initiate the process to become a Subscribed User.
- The Fee including GST and any delivery charges payable in relation to delivery of electronic/physical versions of document based Study materials, if applicable, will be shown prior to completion of the online payment transaction.
- In the unlikely event that, due to a technical error, the amount of the Fee displayed on the Platform is incorrect, EXAMGOAL will notify You as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Platform, EXAMGOAL will contact You through your registered e-mail address and/or phone number to notify You of the correct Fee. To avail all Services for the duration of Subscription, You may be required to remit any additional fees so that the correct Fee is paid by you.
- EXAMGOAL hereby notifies You that EXAMGOAL uses third party payment gateway service providers to process payment made by You towards the Service subscription. It is hereby clarified that EXAMGOAL will not be responsible for any payment failures or errors occurring due to technical issues at the bank’s end or issues arising from the third party’s payment gateway and all such issues should be resolved directly between You and the banking or payment gateway partner concerned.
7. Disclaimer as regards Study materials
- We do not make any representation, guarantee or commitment to You that the Study Materials offered either in the demo versions or as part of subscribed services will be error free.
- The MCQs provided in the Study Materials are inclusive of all kinds of MCQs provided in the Study Material i.e., via test series, notes etc. The content will be constantly updated (addition or removal) in terms of its numbers and the material without any prior notice to You and at a sole discretion of EXAMGOAL.
- We do not claim any guaranteed rank, mark, success/any kind of professional advantage with the use of the Platform.
- We reserve the right to change and update the content in the Platform to represent the latest evidence and practices, with the changing times, needs and requirements. We reserve the right to constantly review, update and replace the content and features of all the Study Materials, including but not limited to Test Series, Videos and Notes, which would be carried out on a yearly/half-yearly/monthly basis in the form of ‘Editions’. We do not guarantee that any content or features, of the previous Edition, would be made available on the Platform in the latest Edition.
- We reserve all right to engage a different faculty or tutor or change the current faculty or tutor at any given point of time without any prior notification to the User.
8. Online Subscription and Access Terms
- Except as set out in the description of the subscription model available on the Platform, no additional study materials and/or video tutorials will be provided by Us.
9. Modifications to Subscription
- We reserve the right to make modiﬁcations, enhancements or issue clariﬁcations (for example, clariﬁcation of doubt, interactive sessions) to the subscription, including but not limited to changes in Services, number of Services available, pricing and validity of Subscription duration.
- When we make such changes, We may or may not notify the User of the same and the User will be bound by such modifications, enhancement, changes and amendments, as the case may be.
- These changes would be called ‘Editions’ and we have complete discretion to update the same with time, as We deem fit and cannot be challenged by You at any time.
- We do not guarantee that the contents or features of the previous versions/Editions would be made available post the launch of the new edition.
10. Disclaimer of Warranties and Liabilities
- We shall not be liable for any interference, virus, hacking, or any such consequence, caused by any network or internet service providers and failure of device manufacturers to support DRM protocols.
- Any content posted on a third-party platform, by Us or any authorized third party shall be subject to the terms and conditions, and policies, of that third-party platform in addition to the terms and conditions set forth herein.
- SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL EXAMGOAL OR ITS EMPLOYEES’, OR ITS AGENTS’, PARTNERS, AND CONTRACTORS’, AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE AFORESAID SERVICES TO YOU, EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY EXAMGOAL FROM YOU, FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS. IN THE EVENT THAT YOU ARE NOT A SUBSCRIBED USER, EXAMGOAL WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES.
11. Data protection
12. No Sharing Fair Usage Policy
- A EXAMGOAL account is meant to be used by only one User.
- Sharing the EXAMGOAL account credentials for both personal use or commercial purposes will result in account blockage without prior notice or warning.
- As per this Fair Usage policy, each user will have a ﬁxed number of Fair Usage hours which is defined course wise. In case the limit is exceeded, the account will fall under scrutiny and we will immediately investigate the matter further, without Your consent.
- Apart from the Fair Usage Hours, we also track a number of other parameters to identify any form of sharing.
13. Prohibited Conduct
You agree that You shall not use the services or the Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store material. You are bound not to cut, copy, decompile, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Platform. With Our prior permission, limited use may be allowed and this is solely based on Our discretion. For the removal of doubt, it is clariﬁed that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modiﬁcation of data and information within the content of the Platform is not permitted and is considered:
- in violation of any applicable law or regulation;
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
- that belongs to another person and to which the user does not have any right to;
- that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially/ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
- that harms minors in any way;
- that impersonate another person or entity;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of EXAMGOAL’s computer/IT systems or site or EXAMGOAL’s Users, customer’s computer/IT systems or site;
- threatens the unity, integrity, defense, security or sovereignty of India and any other countries, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or insulting any other nation.
14. Termination or Suspension of Account for Illegalities or suspected Illegalities
- If there is a suspicion of untoward or illegal activity, We may suspend your account immediately and if required, debar all future access by You to the Platform.
- We reserve the right to cancel any subscription as We believe has been compromised, or is being used fraudulently, at its own discretion without any ﬁnancial liability to You.
User’s account will be Blocked for the following reasons (including but not limited to):
- If found suspicious,
- Usage of Rooted/ Jailbroken Devices, Emulators, ChromeCast, Android TV, Amazon Fire, Samsung Dex, Cloned APK's 3)TV/ Smart TV/ Apple TV or any other virtual machines.
- Screencasting, Screen Recording, Screen Mirroring, Downloading Videos out of EXAMGOAL Platform,
- Using a camera, phone or any other device to record any Platform content
- Sharing EXAMGOAL Screen Shots or PDF's in Social Media or any other Network
- Sharing EXAMGOAL Accounts Credentials with anyone.
- Usage of Multiple Devices (Other than the permitted Device/s for Personal Use)
- Abusing EXAMGOAL and EXAMGOAL Faculties.
- Try to sell EXAMGOAL Accounts and Contents of EXAMGOAL.
You acknowledge, consent and agree that EXAMGOAL may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- comply with legal process nationally or internationally;
- enforce this Agreement;
- respond to claims that any content violates the rights of third parties;
- protect the rights, property or personal safety of EXAMGOAL, its subscribers and the public; or
- pursuant to the terms of the EXAMGOAL, reach You for marketing or promotional purposes through any channel.
16. EXAMGOAL and Third Parties
- All the tutors in the tutorial videos You access as part of the Services You use or subscribe for are independent third parties and not employees of the Company. The professional and technical information contained in the video tutorial are the sole responsibility of the Tutor. Even though We review the content hosted as part of the Services on a best effort basis, We disclaim all warranties as regards the authenticity or correctness of information communicated to You by the tutors and We do not guarantee that the tutor videos contain updated information on the subject matter.
17. Intellectual Property Rights
- We provide You with a single limited license to use and access the Platform and Materials hosted as part of the subscribed Services on devices which We have permitted access at the time of Your subscription to the Services for the limited purpose of accessing the tutorial or associated Study Materials online. The license is speciﬁcally personal, non-transferable, and non-exclusive. All content on the Platform, which is including, but not limited to, designs, text, graphics, images, information, logos, button icons, software, audio ﬁles and any other similar content are the exclusive and sole property of Us, the Company.
- Some icons and logos are trademarks of and proprietary to Us. The unauthorized copying, modiﬁcation, use or publication of these marks is strictly prohibited.
- All material on the Platform, including images, illustrations, audio clips, video clips and third-party licensed images are protected by copyrights, trademarks and other intellectual property rights. Material on the Platform is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means, whether directly or indirectly and You must not assist any other person to do so.
- Without the prior written consent of Us, which is at Our sole discretion, modiﬁcation of the Content, use of the Content on any other website, app or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
- At all times, We and/or Our licensors, remain the owner of the intellectual property in the tutorial, and the study materials. No Course and/or study materials or any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of Us.
18. Terms and Termination
- This Agreement shall remain in full force and effect for so long as You use the Platform. You may terminate your subscription at any time, for any reason, by contacting the Technical Support Team of the Platform. We, however, do not offer any refunds because of Your termination or discontinuation of the Services.
All Content on the Platform (including but not limited to software) and Services, included on or otherwise made available to You across all mediums are provided on permitted number of views basis on a single registered device (or a limited number of whitelisted devices) without any representation or warranties, express or implied except otherwise speciﬁed in writing. Without prejudice to the forgoing paragraph, EXAMGOAL does not warrant that:
- Platform will be constantly available or;
- The information made available through the Services on the Platform is complete, true or accurate.
- We are not responsible to You for any data that You lose either (a) as a result of accessing the tutorial, or (b) as a result of accessing study materials, or (c) otherwise during the course of subscription. It is your responsibility to ensure that You regularly save and back up (i) all data which You hold on the Mobile Phone/ Tablet/ Computer/ Device from which You are accessing the Services and (ii) all data that You are inputting when completing a study module being offered.
- We will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any causes which are beyond Our reasonable control.
- The tutorials are for personal training and for knowledge enhancement purposes only. We do not accept any responsibility to any party for the use of the Services provided and/or the contents of the Study materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by You to any third party.
- We shall not be responsible for any claims that may arise as a direct or indirect consequence of any third-party placing reliance and acting upon the information obtained as part of the Services or Your advice to a third party basis the Study Material or tutorial videos or any other Services.
19. Exclusions and Limitations
The Platform and Services are intended to be used within the jurisdiction of India or any other country explicitly specified by us only. Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with the local laws. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You, nevertheless, all other provisions of these Terms remain in full force and effect.
If you are a resident of the European Economic Area (EEA) you have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, please contact your local data protection authority in the EEA.
You agree to defend, indemnify and hold Us harmless, Our subsidiaries, afﬁliates, subcontractors, ofﬁcers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:
- Your use of and access to the Platform;
- Third-party claims who rely on Your representations to them based on the information made available through Our services;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right.
21. Additional Terms
- We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or Platform (or any portion thereof) with or without notice. You agree that we will not be liable to You or to any third party for any such modiﬁcation, editing, deletion, suspension or discontinuance of Platform.
- This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by EXAMGOAL without restriction.
- Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reﬂected in the provision, and the other provisions of this Agreement remain in full force and effect.
- These Terms are governed by the laws of India.
Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to EXAMGOAL pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Please consult your legal counsel for further details or see Section 51 of The Copyright Act, 1957. EXAMGOAL’s Agent for Notice of claims of copyright infringement can be reached as follows: By email: email@example.com
In case of any grievance arising from the use of Platform, please contact us at firstname.lastname@example.org