Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions ("Terms").1. General
1.1. The website www.rankupturn.in and its associated services including but not limited to website, mobile apps, downloadable software, functionalities, calculators, tools, worksheets, challenges, collaboration module, Email and SMS communications modules, logo, text and graphical content, user interfaces, forms, widgets, desktop applications, information, e-commerce services, trademarks, and intellectual property of application, services, software and support (also collectively referred to as "Service", "Platform", "RankUpturn", "RankUpturn Services" or "Our Service") in this agreement are the property of Appsplug Software India Private Limited, our affiliates and/or licensors.
1.2. The term "Company, WE, US or OUR" used in this context shall represent Appsplug Software India Private Limited, the Company and its owners, directors, officers, employees and/or agents, having its registered office at 715A, 7th Floor, Suite No. 180, Spencer Plaza, Mount Road, Anna Salai, Chennai, Tamil Nadu, India 600002.
1.3. The term "YOU, YOUR or USER" shall mean the person who accesses or uses any or all part of RankUpturn services.
1.5. By accessing, browsing, registering, using any part of RankUpturn services, you fully agree to accept and comply with this Agreement (Terms of service) at all times. If you do not acknowledge, agree and comply with each and every term of this agreement, you please do not use or access our services.
1.6. Your use of our services is fully governed by these Terms of service including the local laws of your region and/or country from where you are using, accessing, downloading, installing or subscribing our services. Some features of RankUpturn services may or may not be available based on your geographical location and jurisdiction.
1.7. You acknowledge that you are an individual at least 18 years old or attained deserving age in your jurisdiction and fully capable to understand to enter into and abide by these Terms of services to access, use or subscribe RankUpturn services, as an individual or behalf of your entity.2. Definitions
2.1. "Company", "WE", "US" or "OUR" shall mean Company, its franchisees, affiliates or partners.
2.2. "YOU, YOUR or USER" shall mean the person who accesses or uses any or all part of RankUpturn services.
2.3. "User Account" or "Your Account" shall mean your user account created in the Platform.
2.4. "Paid Subscriber" shall mean any user who has subscribed to or purchased any plan available on the Platform for the respective subscription fees as indicated on the Platform at the time of subscription.
2.5. "Associated User Account" shall mean any user account which is created under your user account or created by the Subscriber.
2.6. "Associated User" shall mean any user to whom you or your entity provided the access credits (username and password) or added to access or use the Platform under your subscribed account.
2.7. "Teacher" shall mean any user who has been registered, subscribed, created or assigned to the role as Teacher in the Platform.
2.8. "Parent/Legal Guardian" shall mean the parent or legal guardian of the corresponding student.
2.9. "Classroom" shall mean the virtual classroom created under your account, which allows limited institution admins, teachers and students who have the privileges to access or use the classroom resources.
2.10. "Classroom Admin" shall mean any teacher who has been assigned to an additional role as Classroom Admin for the corresponding classroom. Classroom Admin can add, remove or block the students access to the corresponding classroom for which the student has been associated. In addition, classroom admin has the privilege to securely generate new or update existing login credentials for the students of the corresponding classroom.
2.11. "Curriculum" shall mean the set or sequence of learning objectives for a specific course or program.
2.12. "Curriculum Admin" shall mean the teacher or user who has the additional privilege to create, add, modify, delete and update the set of curriculum objectives and/or align (linking) the learning resources. In addition, such users can assign or remove the curriculum to/from the corresponding classrooms.
2.13. "Institution" shall mean the virtual including but not limited to institution, school, college, university, school district, group of institutions or any other training and coaching center which allows limited root, principal, institution admins, teachers, parents and students to create, maintain, modify, remove, access or use the institution/school resources on the Platform.
2.14. "Root" user shall mean the user who has been initially registered, subscribed and created the Institution Account with the Platform on behalf of the corresponding institution. Root user can add, remove and/or block the institution admins, teachers, students and parents access to the institution and classroom; add and/or remove the classrooms, institution admins, teachers, students and parents; create, add, modify, delete and update the set of curriculum objectives and/or align (linking) the learning resources; assign and remove curriculum from the classrooms under the corresponding school account under the corresponding institution account with the Platform.
2.15. "Institution Principal" shall mean the user who has been registered, subscribed, created or assigned to the role as institution principal, president, superintendent, district education officer, chief education officer or the similar position under the corresponding institution account with the Platform.
2.16. "Institution Admin" shall mean the user who has been assigned to the role as institution admin under the institute account with the Platform. Institution admin can add, remove and/or block the institution admins, teachers, students and parents access to the institution and classroom; add and/or remove the classrooms, institution admins, teachers, students and parents; create, add, modify, delete and update the set of curriculum objectives and/or align (linking) the learning resources; assign and remove curriculum from the classrooms under the corresponding school account under the corresponding institution account with the Platform.
2.17. "School User" shall mean any user who is registered, subscribed, created or assigned, including all corresponding institution admin, teacher, student and parent user accounts under the school account with the Platform.
2.18. "Group of Institutions" shall mean the virtual group of institutions which allows limited schools, principals, institution admins, teachers, students and parents to create, maintain, modify, remove, access or use the group of institutions resources on the Platform.
2.19. "School District" shall mean the virtual school district which allows limited schools, principals, institution admins, teachers, students and parents to create, maintain, modify, remove, access or use the school district resources on the Platform.
2.20. "District Education Officer", "Chief Education Officer" or "School Superintendent" shall mean the user who has been registered, subscribed, created or assigned to the role as District Education Officer, Chief Education Officer or Superintendent of Schools with the Platform.
2.21. "School District User" shall mean any user who is registered or created including all school and user accounts under the corresponding school district account.
2.22. "Guest User" shall mean any user who is not associated with any classroom, school, institution, group of institutions or school district accounts with the Platform, and accessing or using our publicly available resources including but not limited to worksheets, challenges, calculators, instant solvers, school finders, communication interfaces and other materials of the Platform.3. License and Ownership
3.1. The Platform is licensed, not sold, to the User. We retain all rights, titles, and interest in and to the Platform, including all Intellectual Property Rights.
3.2. We grant you a non-transferable, non-exclusive and limited license to use our services for your personal or internal business purposes, not sold to you by us in any means. In no event we shall provide you any ownership rights, titles and interest of all or any part of our services.
3.3. During your use, access or subscription period or at any point of time, you shall not claim any ownership rights, titles and interest of all or any part of our services including, but not limited to, the services and software, algorithms, functionality, interfaces, material shared, all improvements, enhancements, modifications, inventions, applications, and/or other technology developments, intellectual property rights of services, software and support of RankUpturn services.
3.4. During your RankUpturn subscription, we provide non-transferable, non-exclusive and limited license to use our publicly available content, including but not limited to worksheets, calculators, step-by-step works, challenges and other publicly available educational resources of RankUpturn services to link, publish or made available to your users associated with your institution. You agree that RankUpturn is the sole owner of such content and has the rights, at its sole discretion, to prohibit or limit the availability of such content to you and/or your associated user(s) at any time with or without prior notice to you. You must obtain the prior permission from us in writing to use such content on any other group, website or medium, except personal use or using RankUpturn services.
3.5. The user shall not, nor allow third parties on the user’s behalf to (i) make and distribute copies of the Platform (ii) attempt to copy, reproduce, distribute, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Platform; or (iii) create derivative works of the Platform of any kind whatsoever.4. Restrictions
The user shall not, nor allow any third parties on the user’s behalf to post, upload, host or use any content or material which:
4.1. is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
4.2. constitutes or contains false or misleading indications of origin or statements of fact;
4.3. slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
4.4. causes injury of any kind to any person or entity;
4.5. infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
4.6. violates any applicable laws, rules, or regulations;
4.7. contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software, server, network, hardware or telecommunications equipment;
4.8. impersonates another person or entity, or that collects or uses any information about the Platform visitors.5. Eligibility
5.1. RankUpturn and its associated services are exclusively made available for Indian citizens, individuals and/or entities have the legal rights to operate or to do business in India or or in your jurisdiction. By accessing, using or subscribing our services, you are an Indian citizen, authorized individual and/or an entity has the legal rights to use, access, subscribe, operate or to do business in India or in your jurisdiction. In addition, you must be at least 18 years of age to access, use or subscribe to all or any part of our services as an individual or behalf of your entity.
5.2. If you are under the age of 18 or not attained deserving age in your jurisdiction, your parent or legal guardian who is attained deserving age, 18 years old or above has to, on your behalf, take complete responsibility, acknowledge, agree and comply to these Terms of service to allow you to access or use RankUpturn services. Your class teacher, instructor or authorized person must obtain the verifiable consent from your parent or legal guardian to enroll you to use our services in the classroom, school, institution or home environment for academic activities.
5.3. If you are a subscriber to or user of anyone of the paid subscriptions available with RankUpturn services for School District, School, Group of Institutions or Institute, you must obtain the verifiable consent from the parent or legal guardian of your student or associated user (who is minor or under the age of 18 years old), to enroll him/her to use our services in the classroom, school, institution or home environment to carry out the academic activities.
5.4. The user shall not, now or in the future, be in violation of any terms and or any active suspension in force by the Platform. The Platform may, at its sole discretion, deny any user registration if the Platform is not satisfied with the information and KYC documents furnished by the user at any time.6. Liability
6.1. The Company has made the Services available to the User as a matter of convenience, and expressly disclaims any claim or liability arising out of the provision of this Service. The User shall be solely responsible for his/ her conduct and that Company reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
6.2. The Company shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or content, or (b) the transmission or delivery of any such data, information or content; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or content. Under no circumstances shall the Company, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
6.3. The User shall be the sole responsible person, institution or entity for the content that you, your entity or your associated users create, link, upload, publish or make available to the users associated with your user account, through or by using RankUpturn services. You hereby represent and warrant that you are the owner, creator and/or authorized user of that content, and/or have the permission, rights or license to use within or through our services. In such cases, your content at all times does not infringe, violate, any third-party right including but not limited to any copyright, trademark, patent, trade secret, confidentiality, privacy or any other intellectual property rights. We never claim any ownership title and interest on your content. Similarly, we do not accept any liability to you for any dispute, loss, damage, errors or omissions arise out of using your content with RankUpturn services.
6.4. Company assumes no liability whatsoever for any monetary or other damage suffered by the User on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services in connection thereto.
6.5. The User shall indemnify and hold harmless Company and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
6.6. The Company or any of its employees will not be held liable by the User for any loss or damages arising from the user's use of, or reliance upon the information contained on the Platform, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Company’s reasonable control.7. Services Offered
RankUpturn is a Hybrid Learning Management System to automate entire classroom & curriculum activities, to help traditional educational institutes scale-up digital transformation journey to always stay informed of real-time performance trends, systematically amplify the personalized learning, automate the content delivery, response collection and validation, find and fix performance gaps in real time and reuse the resources to increase the productivity and ensure the exceptional teaching and learning experience at all times. Its Services include but are not limited to website, mobile apps, downloadable software, functionalities, calculators, tools, worksheets, challenges, collaboration module, email and SMS communications modules, logo, text and graphical content, user interfaces, forms, widgets, desktop applications, information, e-commerce services, trademarks, and intellectual property of application, services, software and support. The rights, titles and interest in the Services, information, content, data, software, copyrights, trademarks, and other rights are the property of the Company, its affiliates or partners.8. User System Requirements
A personal computer, smartphone or tablet computer with full web browser and internet connection is required to access and use RankUpturn services. Your use of our services is at your own risk. You acknowledge that the Company shall not accept any liability for any loss or damage arising out of using or accessing our services.9. General Obligations of User
User represents and warrants that they will abide by the terms and conditions. It is User’s duty to verify the information/data or services provided or listed in the Platform before subscribing to the Services on the Platform. The Company shall not guarantee or warrant the information/data or services provided or listed in the Platform. Users are advised to independently verify the bona fides of any particular User that the user chooses to deal with on the Platform and use the user's best judgment on that behalf.10. Username and Password Security
10.1. For all registered users except Students, the Company uses different algorithms to encrypt and store User’s personal information including username and password (hereinafter referred to as “login credentials”). Login credentials are confidential and private, and each User is responsible for maintaining the confidentiality of their Username and Password. If such details are stolen or exposed to someone else, the User agrees that the same shall be changed using the change password interface of the Platform, and to keep it confidential to prevent the unauthorized use of the User account and any information in connection with the User account.
10.2. For Student Users, the login credentials will be generated and provided to the Student User by the class teacher or admin. Login credentials are confidential and private, and each User as well as the respective class teacher or admin is responsible for maintaining the confidentiality of their Username and Password. If such details are stolen or exposed to someone else, the same must be informed to the class teacher or admin to block or change the login credentials to safeguard the Student account in such scenarios.
10.3. For Classroom Admin Users, the institution, school or classroom admin is responsible to securely generate, maintain and store the login credentials for the associated student user accounts with the Platform. Login credentials are confidential and private, and the Classroom Admin is responsible for maintaining the confidentiality of their Username and Password and must not be shared to anyone other than the respective Student. Newly assigned classroom admins are advised to regenerate, maintain and distribute the login access securely for all students in the respective classroom. If such details are stolen or exposed to someone else, the Classroom Admin may block or change all or any of the students’ login credentials from the classroom dashboard immediately to safeguard the student account(s) in such scenarios. The Classroom Admin can securely regenerate and distribute such details to the corresponding student(s) in the classroom at any time.
10.4. The user and/or their associated users shall be responsible for all activities that occur under the respective User account and/or its associated account(s) if any. In no event shall the Company expose such details to any third party and/or take any obligation, and does not accept liability for any loss, damage, information theft, omission and/or dispute arises out of any unauthorized access to the user account and/or any unauthorized activities under the User account due to user’s failure of keeping confidential information secure and private.
10.5. The User may be required to create or receive User ID, Password and/or OTP in order to securely register, access and/ or use the services on Platform. By accepting these Terms, the User acknowledges that his/ her User ID, Password and OTP are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to:
10.5.1. choose a new password, whenever required for security reasons.
10.5.2. keep his/ her User ID, Password and/or OTP strictly confidential.
10.5.3. be responsible for any transactions made by User under such User ID, Password and/or OTP.
10.5.4. the Company may verify at the time of creation of the user account, including but not limited to name, phone number, email address, etc.11. Account Types
Group of Institutions and School/Institute are the types of accounts available with different subscription periods on the Platform. Group of Institutions and School/Institute may create the corresponding account, choose or subscribe to any plan to access or use the Platform to the extent permitted for the account type and plan subscribed. The users shall not attempt to create or subscribe to a user account in any other person or entity name(s) to which the User has no authority to do so.
11.1. School or Institute Account: If the User is a School/Institute account subscriber, the User can add as many Classroom, Teacher and Student accounts as mentioned in the pricing page for a corresponding plan at the time of purchase, but cannot add another School/Institute account under the existing School or Institute account.
11.2. Group of Institutions Account: If the User is a School District account subscriber, the User can add as many School/Institution, Classroom, Teacher and Student accounts as mentioned in the pricing page for a corresponding plan at the time of purchase, but cannot add another Group of Institutions Account under the existing Group of Institutions Account.
12.1. Free Subscription: Users may subscribe to the Free Plan on the Platform, which provides the Platform and/or Services with certain restrictions and limitations. Users may upgrade at any time by subscribing to any paid plan on the Platform, in order to bypass the limitations to the extent specified in each plan. The Company may, at its sole discretion, modify, withdraw, cancel, extend, or deny the Free Plan for any reason at any time with or without any reasonable prior notice to the User.
12.2. Paid Subscriptions: Group of Institutions and School/Institute are the types of accounts available with different subscription periods on the Platform. Group of Institutions and School/Institute may choose and subscribe to any plan and enjoy the Platform to the extent permitted for the plan subscribed.
12.2.1. The Company requires certain amount of consideration from Users when newly subscribing, upgrading existing subscription or renewing subscription to any one of our account types such as Group of Institutions and School/Institute, based on the subscription plan (BASIC, STANDARD and PREMIUM) and period (Half Yearly and Yearly). The additional payment is required when Users upgrade their plan or increase the limitations of certain features of the subscription or purchasing add-on components of our services.
12.2.2. The users use or access to the features to the extent permitted for their account until the end of their subscription tenure on the Platform. At the end of subscription tenure, the User’s usage of or access to all features under the corresponding paid plan shall be stopped, prohibited or limited.
12.2.3. Users may continue to access or use such features or avail the features again by renewing the subscription period and by paying the Company in advance.
12.2.4. Users must renew the subscription period for the subsequent subscription period by paying the Company in advance or within ten (10) days from the end date of the active or last subscription period. Beyond this period, if no payment is done for renewal, the Company shall limit, suspend or terminate the User account and/or any associated user accounts on the Platform. The Company may delete the user account and/or all associated user accounts if terminated. The user acknowledges that the deleted account(s) can't be retrieved back.
12.3. Add-on Features: The User acknowledges that certain features such as SMS for instant messaging, video communication, learning activity scheduling and digital storage space are available as ADD-ON features. These add-on features may be available in very limited volume may or may not be included with the User’s subscription.
12.3.1. If these features are not included in the User’s subscription or the provided limit is not enough for the User’s requirement, the same can be purchased at any time from the payment dashboard based on the availability and your requirements.
12.3.2. The pricing may vary for these features based on the User’s geographical location, network availability and other related factors. You acknowledge that the add-on features purchase is only applicable with either BASIC, STANDARD or PREMIUM plan. The add-on purchase will not be applicable for FREE subscription and can't be purchased before subscribing to any one of the paid plans or subscriptions.13. Payment
13.1. Paid Subscription to the services on the Platform shall be as per the plans and the respective charges outlined on the pricing page of the Platform. The User’s Paid subscription shall activate immediately after clicking on the “SUBSCRIBE NOW” button. The User must make the payment for their subscription within ten (10) days of the date of activation of the subscription. If Users fail to do so, the Platform may suspend the User account until the successful completion of payment. If such delay exceeds days, the Platform may terminate the User account.
13.2. The Company may, at its sole discretion, provide discounts/offers on the subscription or add-on charges, and may require the fulfillment of certain conditions for availing the same. Discounts/offers may or may not be available to everyone. Discounts/offers cannot be transferred to another User, and may not be exchanged for consideration. Privately shared discounts/offers must not be made available to the public. The Company reserves the right to change or remove such discounts/offers at any time.
13.3. The Company accepts payment through IMPS, NEFT, RTGS, Bank Cheque and Demand Drafts. IMPS, NEFT and RTGS payments must be made online in accordance with the payment information provided in the pro-forma invoice, upcoming payment information or the Billing section on the Platform. Bank Cheque or Demand Draft payments must be sent to the Company through Registered Post to the Company’s address provided in the pro-forma invoice, upcoming payment information or the Billing section on the Platform. All payments must be made in the name of the Company "APPSPLUG SOFTWARE INDIA PRIVATE LIMITED", and payments made to any third party, affiliate or representative shall not be valid.
13.4. Users may be charged additionally the applicable Payment Gateway Charges/Convenience Charges/Collection Charges/Internet Handling Charges, etc. by the Company.
13.5. Transaction response time would depend on the respective Third-Party Service Provider and Company does not provide any guarantee or is not responsible for the transactions.
13.6. Payments shall be deemed successful when completely realized in the Company’s bank account.14. Promotion and Offers
RankUpturn services may run different promotions and offers from time to time, which may be subject to additional terms. These promotions and offers only be available for a limited period of time, may or may not be available for everyone, and may not be transferred between users. You agree that, at our sole discretion, we may modify, withdraw, cancel, extend or deny such promotions and offers for any reason at any time with or without any reasonable prior notice to you.15. Cancellation and Refunds
You may cancel your subscription at any time. If you cancel your subscription, all the features available under your subscription will expire at the end of your billing cycle and you will not receive a refund for any unused portion of your subscription period. We may provide refunds or credits at our sole discretion, which will be considered on a case-by-case basis. You shall submit your account for review, if you believe that your case warrants an exception.16. KYC Verification
The Platform requires the User, whether individual or representing an entity, to furnish the relevant Know-Your-Customer (KYC) documents in accordance with the applicable laws and regulations, in order to ensure that the Services and the Platform are utilized by the User only for legitimate purposes. The Company may limit, suspend, delete or terminate the User’s account and/or any associated accounts any time if, in the Platform’s sole discretion, the KYC documents are found insufficient.17. Account Termination and Suspension
17.1.2. On indefinite suspend of your subscription, user account, associated user accounts, your access to all or any part of our services, your content or your profile you have with our services, all or part of your account and subscription privileges will not be available for your account and/or your associated user accounts. Your user account and subscription privileges will be reinstated if your justifications were reasonable and satisfactory, but you acknowledge that the company reserves the right, in its sole discretion, to the extent permitted by law, to decide if your justifications are reasonable and satisfactory.
17.1.3. The Company shall suspend, terminate or limit the privileges of your user account including all your associated user accounts (if any) at our sole discretion for the failure of payment, non-payment or your breach of any term(s) of this agreement. In such cases, if you are a Group of Institutions or Institution/School account subscriber, you acknowledge that you and/or your associated users can’t access or use the corresponding user accounts on the Platform.
17.1.4. Any information that you provide is untrue, inaccurate, not correct or incomplete or RankUpturn has reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete, or not in accordance with the this Terms of Service, the Company have the right to indefinitely suspend, terminate or block access, and refuse to reinstate the access privilege to your user account with RankUpturn services.
17.1.5. You shall cooperate with the Company in any investigation, if you report, and/or we suspect any fraudulent or abusive activity to take preventive measures to upkeep our quality of services against such activities.
17.2. Your Institution Rights:
If you are a principal, institution admin, teacher, student or parent user and associated with any group of schools, institution/school or classroom on the Platform, you acknowledge that your root, institution, institution admin or classroom in-charge user has the rights to prohibit, limit, block or remove your access to RankUpturn services temporarily or permanently with or without prior notice to you.
The User shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
18.1. belongs to another person and to which the User does not have any right to;
18.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
18.3. harm minors in any way;
18.4. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
18.5. violates any law for the time being in force.19. Communication
19.1. The tools and functionalities that we provide for communication is to make your communication seamless between you and your associated users to notify the account related activities. Our communication tools and functionalities include, but not limited to SMS, E-mail, Instant Messaging, Push Notification and Alerts. By using such tools and functionalities, you shall not send messages to a person or communicate with any person that you don’t have authority or permission to contact. You acknowledge that you are the sole responsible person or entity for the content of your messages and/or any dispute between you and the recipient, arise out of using such features. The Company shall take no liability for any loss, non-delivery, damage and/or any dispute arising out of using such features by you.
19.2. When you are communicating with us through email, instant messages, phone or using any interface of RankUpturn services for technical assistance, notice any information or any other purpose in connection with RankUpturn services, you acknowledge that you are communicating with us through electronic records. By communicating with us, you consent to receive communications via electronic records from RankUpturn to answer your queries, provide technical support, alert or any other information which is in connection with your user account you have with RankUpturn services. All the information and/or materials shared including, but not limited to, over the phone, instant messages and/or email which is not available in public deemed to be confidential information. During your access, use or subscription period or at any time, you shall not disclose any of the confidential information to any third party or made available to the public in any form without getting prior permission from us in writing, unless required by law.
19.3. By accessing or using RankUpturn services, you acknowledge that you are transmitting and receiving data between your device and RankUpturn services, consuming internet data. You are responsible for any charges applicable on internet data due to your usage.
19.4. You shall not upload, post, publish, link, e-mail, transmit and/or share offensive, inappropriate, unlawful or illegal content by using or in connection with RankUpturn services. You shall not interfere with, disrupt or create undue load on servers, systems or networks connected to RankUpturn services.
19.5. Our services use different encryption algorithms and cryptographic techniques to safeguard user data at rest and data in transit. In turn, we issue a Digital certificate to encrypt the connection or data in transit between your device and our servers and networks to access or use our services. To the extent permitted by the applicable law, you acknowledge that your use of such digital certificates is at your own risk, we do not provide any warranty or take any liability arising out of accessing our services.20. Public Reviews, Ratings and Comments
20.1. The user is solely responsible for the content of any public communication made through Platform or any transmissions made through any mediums offered by Platform and any materials the user adds to Platform or add to any mediums offered by Platform, including but not limited to transmissions like the Reviews, Ratings and Comments posted by the user (the "User Reviews"). We do not endorse or accept any of the user reviews as representative of our views. By transmitting any user reviews to the Platform, the user grants us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Services now known or later developed.
20.2. The user confirms and warrants that the user has the right to grant these rights to us. The user hereby waive and grant to us all rights including intellectual property rights and also "moral rights" in the user reviews, posted on Platform through any of mediums of the Platform. We are free to use all the users' reviews as per its requirements from time to time. The user represents and warrants that the user owns or otherwise controls all of the rights to the content that the user posts as Review, Rating and/or Comments; that the content is accurate; that use of the content the user supplies does not violate these Terms and will not cause injury to any person or entity. Also we reserve the right to mask or unmask the user's identity in respect of the user's Reviews, Ratings and Comments posted by the user.
20.3. We have the right, but not the obligation to monitor and edit or remove any content posted by the user as Review, Rating or Comments. We cannot review all user reviews made on and through any of the mediums provided by us. We reserve the right, but have no obligation, to monitor and edit, modify or delete any user reviews (or portions thereof) which we at our sole discretion deem inappropriate, offensive or contrary to any Service policy, or that violate these terms.
20.4. We reserve the right not to upload or distribute to, or otherwise publish through the Platform or any other forums any user reviews which is (a)obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive; (b)constitutes or contains false or misleading indications of origin or statements of fact; (c)slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party; (d)causes injury of any kind to any person or entity; (e)infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party; (f)violates any applicable laws, rules, or regulations; (g)contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h)impersonates another person or entity, or that collects or uses any information about the Platform visitors.
20.5. It is also clarified that, if there are any issues or claims due to the user's posts by way of Reviews, Ratings and Comments, then we reserve the right to take appropriate legal action against the user. Further, the user shall indemnify and protect us against such claims for damages or any issues, due to the user's posting of such Reviews, Ratings and Comments. We take no responsibility and assume no liability for any content posted by the user or any third party on the Platform.
20.6. The user further acknowledges that conduct prohibited in connection with the user's use of Services includes, but is not limited to, breaching or attempting to breach the security of the Platform.21. Warranty
21.1. The user warrants and represents that all details and information provided to the Platform by the user are true and accurate and are not false, misleading or deceptive and the information contained on the Platform will be kept accurate and up to date and compliant with these terms and conditions.
21.2. We do not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. The user is advised to independently verify the bona fides of any particular User that the user chooses to deal with on the Platform and use the user's best judgment on that behalf.22. Third-Party Platform listing
The Platform may contain links to the Platform of third parties, affiliates and business partners. the Company has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such Platform made available by/through our Platform. Inclusion of any link on the Platform does not imply that the Platform endorses the linked Platform. The user may use the links and these services at the User’s own risk.23. Advice
The contents of this service do not constitute advice and should not be relied upon in making or refraining from making any decision.24. Force Majeure
Neither the Company nor you shall be liable for the unavailability or inadequate performance of RankUpturn services to the extent caused by unforeseeable circumstances (for example, natural disaster, war, riot, labor condition, governmental action, epidemic, strike and Internet disturbance) that was beyond the reasonable control.25. Disclaimer of Warranties
The Company provides the Platform “as is”, “with all faults” and “as available.” We make no guarantees or warranties of any kind, either expressed or implied, as to the operation of the service, the information, content, materials or products included on the service. To the full extent permissible by applicable law, the Company disclaims all expressed or implied warranties, guarantees and similar obligations including but not limited to those of merchantability, quality, accuracy, fitness for a particular purpose, free from error or omission, whether otherwise arising by law, custom, usage, trade practice, course of dealing, or course of performance. There are no warranties, which extend beyond those express warranties contained herein.26. Intellectual Property Rights
26.1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all Intellectual Property Rights to and into the Platform and the Services, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
26.2. The Company is not responsible for the content of any third party Platforms and does not make any representations regarding the content or accuracy of material on such Platform. If the user decides to link to any such third party websites, the user does so entirely at the user's own risk.
26.3. Notwithstanding the foregoing, it is expressly clarified that the user will retain ownership and shall solely be responsible for any content that the user provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which the user may upload, transmit or store when making use of our various Service. However, with regard to the product customization service (as against other services like blogs and forums) the user expressly agree that by uploading and posting content on to Platform for public viewing and reproduction/use of the user's content by third party users, the user accept to grant a non-exclusive license for the use of the same.27. Confidentiality
27.1. The user shall keep all and any information regarding the Services and the Platform confidential, during the period of usage of this Platform and after. The user shall not, without prior written consent of the Company, transfer (whether for consideration or otherwise) such information to any third-party for any reason whatsoever. This does not include trusted third parties who assist us in operating our Platform, conducting our business, or servicing the user, so long as those parties agree to keep this information confidential [Internal Purpose].
27.2. We may also release the user's information when we believe release is appropriate to comply with the law, enforce our Service or protect others or our rights, property, or safety.
27.3. The user is specifically prohibited from using the confidential information for purposes of seeking any commercial gain out of the said information. In the event, the Company is made aware of any such practice of such violation of the terms and/or conditions of this terms, the Company shall be entitled to terminate the Services and/or access to the Platform, as well as initiate legal proceedings against the user, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.28. Indemnity
The user shall defend, indemnify and hold harmless Company, its employees, directors, officers, agents, representatives and their successors and assigns from and against any and all claims, liabilities, damages, losses, demands, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the user's access to and use of Services, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of the user's obligations herein or arising out of the user's violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive expiry or termination.29. Limitation of Liability
The Company shall in no event be liable to the User (or to any third party claiming under or through the User) for any indirect, special, incidental, consequential or exemplary damages arising from User’s use of, or inability to use, the Platform and/or the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if the Company knew or should have known of the possibility of such damages, because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.29. Changes to this Agreement
The Company reserves the right to make changes to the Platform/service and the terms, conditions and disclaimers at any time with or without information to the users of the services/Platform of the Company. Any changes to this agreement will be posted on this page and will take effect immediately upon being posted.30. Severability
If any provision or terms of this agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions or terms shall remain in full force and effect.31. Governing Law
The laws of India shall apply and courts in Chennai shall have jurisdiction in respect of all the terms, conditions and disclaimers.32. Dispute Resolution
If any dispute arises between the user and the Company during the user's use of the Platform or services, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms or any our policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The place of arbitration shall be Chennai, Tamilnadu, India. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.