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Terms and Conditions of Use

 

Hello from the PrepMonkey team!

 

The PrepMonkey service (collectively, “PrepMonkey”, “the Site”, “the mobile application” or “the Service”) is operated by UnicusVitae Pvt. Ltd. By accessing PrepMonkey’s website or mobile application, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website or mobile application or service. The materials contained in PrepMonkey’s website or mobile application are protected by applicable copyright and trademark law.

 

1.Eligibility

In compliance with the Children's Privacy Protection Act, UnicusVitae Pvt Ltd. does not permit children under 13 years of age to become users without their parent or guardian's express consent and approval. By using our Website or mobile application or service, you represent you are not under 13 years of age or have had your parent or guardian give their personal information in lieu of giving yours. No part of PrepMonkey’s website or mobile application is structured to serve or attract anyone under the age of 13.

 

2.Registration Data; Account Security

If you subscribe to any of PrepMonkey’s services, you will have an account and a password. Access to password protected portions of this Website or Mobile application is available for only so long as you have paid all required fees to PrepMonkey. You are responsible for maintaining the confidentiality of your account and password and for restricting access to PrepMonkey material to anyone other than yourself. You agree to accept responsibility for all activities that occur under your account or password. PrepMonkey reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

3.Use Licence

  1. Permission is granted to a terminable non-exclusive, non-transferable licence to use PrepMonkey’s website or mobile application for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:

 

  1. Modify or copy the materials

  2. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)

  3. Attempt to decompile or reverse engineer any software contained on PrepMonkey’s website or mobile application..

  4. Remove any copyright or other proprietary notations from the materials or

  5. Transfer the materials to another person or "mirror" the materials on any other server.

 

  1. This licence shall automatically terminate if you violate any of these restrictions and may be terminated by UnivusVitae Pvt. Ltd. at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

4.Trademarks

PrepMonkey and other company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in India and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

 

5.Warranties and Disclaimers

  1. The materials on PrepMonkey’'s website or mobile application are provided "as is". UnicusVitae Pvt. Ltd. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, UnicusVitae Pvt. Ltd. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

  2. UnicusVitae Pvt. Ltd. and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or

 

reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and

(v) any errors in the software will be corrected.

 

  1. The Service may be temporarily unavailable from time to time for maintenance or other reasons. PrepMonkey assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, communications.

  2. Under no circumstances will PrepMonkey be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the website or mobile application or the service, any User Content or third-party applications, software or content posted on or through the website or mobile application or the service or transmitted to users, or any interactions between users of the website or mobile application, whether online or offline.

 

6.User Content

You understand that except for advertising programs offered by us on the website or mobile application, the service and the website or mobile application are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.

You are solely responsible for the photos, profiles, messages, notes, text, information and other content that you upload, publish or display (hereinafter, "post") on or through the service or the website or mobile application, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the website or mobile application or service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the website or mobile application and may delete or remove (without notice) any content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgement of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You may remove your User Content from the website or mobile application at any time. If you choose to remove your User Content, the licence granted above will automatically expire, however you acknowledge that the company may retain archived copies of your User Content.

 

7.User Conduct

You understand that the website or mobile application is available for your personal, non-commercial use only. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.

In addition, you agree not to use the website or mobile application to:

 

  • Harvest or collect email addresses or other contact information of other users from the website or mobile application by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  • Use the website or mobile application in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

  • Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

  • Use automated scripts to collect information from or otherwise interact with the website or mobile application;

  • Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

  • Upload, post, transmit, share or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  • Upload, post, transmit, share, store or otherwise make publicly available on the website or mobile application any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

  • Solicit passwords or personally identifying information for commercial or unlawful purposes;

  • Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • Intimidate or harass any other user;

  • Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

  • Use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the website or mobile application;

 

  • Upload, post, transmit, share, store or otherwise make available content that, in the sole judgement of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the website or mobile application, or which may expose Company or its users to any harm or liability of any type.

 

8.Coupons/Offers Policy

The coupons/offers listed on the website/mobile application are subject to availability and geographical location of the user. PrepMonkey reserves the right, at its sole discretion, to disqualify any User who does not meet the offer requirements or in case of reasons including but not limited to any misuse of the offer or fraud or suspicious transactions/activities. PrepMonkey also reserves the right to discontinue or change any offer or the offer programme at any time, at its sole discretion. The decision by PrepMonkey shall be final and binding on the user and cannot be contested under any court of law or otherwise. For more information on the validity of the Coupons/Offers policy please contact customersuccess@prepmonkey.org

 

9.Referral Policy

 

This Program is void where such referral programs are prohibited. Users who refer others to the program are "Referrers"; those who are referred are "Referred Customers."

 

PrepMonkey offers its premium users (with existing paid subscription) the opportunity to earn rewards by referring friends / people who are not registered on the platform. A Successful referral (defined as purchase of a subscription by the Referred Customer subject to the Referrer’s referral code being successfully applied to the Referred Customer’s account) makes the Referred Customer and Referrer eligible to earn respective rewards mentioned on the website/mobile application. The reward is subject to availability and geographical location of the user. PrepMonkey reserves the right to discontinue or change any aspect of the referral programme at any time without prior intimation regardless of the terms reflected in the app/website. PrepMonkey also reserves the right, at its sole discretion, to disqualify any user who does not meet the referral requirement or in case of reasons including but not limited to any misuse of the offer or fraud or suspicious transactions/activities. The decision by PrepMonkey shall be deemed final and binding on the user and cannot be contested under any court of law or otherwise. For more information on the validity of the referral policy please contact customersuccess@prepmonkey.org

 

10.Limitation of Liability

In no event shall UnicusVitae Pvt. Ltd. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on UnicusVitae Pvt. Ltd.'s website or mobile application, even if UnicusVitae Pvt. Ltd. or a UnicusVitae Pvt. Ltd. authorised representative has been notified orally or in writing

 

of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. This limitation shall apply notwithstanding any failure of essential purpose of any limited remedy.

 

11.Revisions and Errata

The materials appearing on UnicusVitae Pvt. Ltd.'s website or mobile application could include technical, typographical, or photographic errors. UnicusVitae Pvt. Ltd. does not warrant that any of the materials on its website or mobile app are accurate, complete, or current. UnicusVitae Pvt. Ltd. may make changes to the materials contained on its website or mobile application at any time without notice. UnicusVitae Pvt. Ltd. does not, however, make any commitment to update the materials.

 

12.Links

UnicusVitae Pvt. Ltd. has not reviewed all of the sites linked to its website or mobile application and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by UnicusVitae Pvt. Ltd. of the site. Use of any such linked web site is at the user's own risk.

 

13.Site Terms of Use Modifications

UnicusVitae Pvt. Ltd. may revise these terms of use for its website or mobile application at any time without notice. By using this website or mobile application you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

14.Governing Law

Any claim relating to UnicusVitae Pvt. Ltd.'s website or mobile application shall be governed by the laws of India without regard to its conflict of law provisions.

 

15.Proprietary Rights

You acknowledge and agree that the service and any necessary software used in connection with the service contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through the service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

 

16.Indemnification

You agree to indemnify, defend and hold harmless UnicusVitae Pvt. Ltd., its officers, directors, employees, agents, other service providers, vendors or customers from and against all losses, expenses, damages and costs, including reasonable attorneys fees resulting from any violation of these Terms and Conditions of Use by you or any harm you may cause to anyone in connection with your use of the service, including, for the avoidance of doubt, your use, or the use by any of your affiliates, of the service for competitive purposes.

 

17.Entire Agreement

The Terms and Conditions of Use governs your use of the Service and constitutes the entire agreement between you and UnicusVitae Pvt. Ltd. It supersedes any prior agreements between you and UnicusVitae Pvt. Ltd. Additional terms and conditions may apply when you use the services of service providers and others. These additional terms will not reduce, diminish, or eliminate any rights UnicusVitae Pvt. Ltd. possesses with respect to these Terms and Conditions of Use.

 

18.Miscellaneous

Any failure by UnicusVitae Pvt. Ltd. to exercise any rights or enforce any of the terms of these Terms and Conditions of Use shall not constitute a waiver of such rights or terms. If any provision of these Terms and Conditions of Use or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms and Conditions of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.

 

19.Subscription Period

You will be entitled to receive the Service only during the subscription period ("Subscription Period") specified by your payment confirmation.

 

20.Payment Terms

You agree to pay PrepMonkey the fee specified in the Payment Form during the Period ("Fee"). A valid instrument of payment but not limited to, such as, credit card is required to access the service. The Fee is payable in advance for the Period. Fees are non-refundable and non-transferable, unless otherwise stated in our Money Back Guarantee Policy. Accordingly, if you elect to cancel your access to the service during the Period, you will not receive a refund of the Fee(s) previously paid to PrepMonkey, unless otherwise stated in our Money Back Guarantee Policy.

 

21.No Resale or Redistribution of the Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the service or use of the service, or access to the service.

 

22.Waiver and Severability of Terms

The failure of PrepMonkey to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect.

 

23.Electronic Communications

When you visit this website or mobile application and when you communicate with us electronically, for example by sending us an email or ordering our products or services online, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

24.Privacy Policy

You consent to the collection, processing and storage by PrepMonkey of your personal information in accordance with the terms of PrepMonkey’s Privacy Policy, which is available at www.prepmonkey.org/privacy. You agree to comply with all applicable laws and regulations, and the terms of PrepMonkey’s Privacy Policy, with respect to any access, use and/or submission by you of any personal information in connection with this website or mobile application.

 

25.Refund and Cancellation Policy

 

Unless otherwise expressly agreed in writing by PrepMonkey, full payment for participation in a Program is required at the time of registration. In the case of Programs that include a trial window, such trial window shall be made available only after the full payment. During the trial window, upon a request by the student, and to the satisfaction of PrepMonkey, PrepMonkey may, in accordance with the applicable refund policy for the particular Program, choose to refund the Program Fees paid, subject to deduction of such applicable charges for including but not limiting to administrative and marketing expenses, as may be decided by PrepMonkey from time to time. Once the trial window is closed, there will be no refund allowed for any reason whatsoever. For all the program, where there is no trial window or preparatory session, refund shall be done in accordance with the terms and conditions of refund policy of the respective program.

It is the sole responsibility of the user enrolling into a Program to check the accuracy of, and evaluate the suitability and relevance of, the Program elected. The enrolment into a Program is non-transferable.

To make payment for any Program or to purchase any services or products offered by PrepMonkey through the Platform, you must have internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"). PrepMonkey does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case PrepMonkey’s third-party payment provider stores any such information, PrepMonkey will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and PrepMonkey is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform.

PrepMonkey or its representatives will not ask for OTP or other authentication related information for any purpose, and we urge you to be cautious while making payments and during financial transactions. 

Failure to pay the applicable Program fee may result in withdrawal of your access to a Program. Depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. PrepMonkey does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.

The cancellation of the program will be as per the refund policy. Each Program has specific refund terms which shall be applicable in case of refund on account of such cancellation requests.

If you have subscribed for a free trial, the free trial period will last for the period of time specified during your sign-up. Free trials may not be combined with certain other offers. If you have subscribed to a particular paid service or product within the last six (6) months, or if your Payment Method, physical address, contact number or email address has been associated with an account for that paid service, you are not eligible to receive a free trial for that service or product. If you begin your subscription with a free trial, you may be ineligible for certain features of a product or service during your free trial period.

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