TERMS AND CONDITIONS – CRACKVERBAL EDUTECH PVT. LTD.
GMAT is a registered trademark of the Graduate Management Admissions Council (GMAC) and does not endorse CrackVerbal or any of its products or services offered.
WEBSITE TERMS & CONDITIONS
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations.
The use of service by You is solely governed by this policy and any policy so mentioned by terms of reference. Using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding in You and that You are contracting with CrackVerbal and have undertaken binding obligations with CrackVerbal.
For the purpose of these Terms of Service, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a member with CrackVerbal by providing Registration Data while registering with Us. CrackVerbal also providing its services without registration does not absolve You of this contractual relationship.
You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by CrackVerbal, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.
We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms on the website and stay updated on its requirements. If You continue to use the website following such a change, it is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Service, We grant You a personal, non-exclusive, non-transferable, limited privilege to use the services.
1. Use of the Internet, the CrackVerbal site and the CrackVerbal services is solely at your own risk. The confidentiality of any communication or materials transmitted through this site cannot be guaranteed. CrackVerbal is not responsible for the security of any information transmitted through the internet, the accuracy of the information contained on the site, or for the consequences of any reliance of such information. You assume sole and complete risk for using this site and CrackVerbal’s services.
2. CrackVerbal obtains information about website visitors through web forms in order to send email campaigns and information relevant to them. The sharing of such information by you is on a voluntary, opt-in basis only. All such information collected is kept strictly confidential. The link to unsubscribe from such email notifications is listed at the bottom of the every email sent by CrackVerbal.
4. Within CrackVerbal any employee access to customer information is for business purposes only and is based on a need to know basis. This information is shared with affiliates so that we can provide services and products that meet your circumstances and needs.
5. CrackVerbal continually strives to maintain accurate and complete information about our users, members, customers and clients. Should you believe that the information is inaccurate or incomplete, please notify [email protected] with concerns and accurate information. Reasonable efforts shall be used to correct the incorrect information.
6. All the articles and blogs published on any page of this website are solely owned and copyrighted by CrackVerbal. In case of any information that is published that’s not authored by CrackVerbal, then the source of the same shall be mentioned in the article.
7. Any trailing information, documents, articles, posts, comments or any other form of written statement published on any page of this website are the opinions of the individual who posted it and do not reflect the views of CrackVerbal. Any information posted on any page of the CrackVerbal website by any member other than the Admin should not be considered official. All official information is posted only on the main website page (pages without the /blog suffix) to express the official opinions and activities of CrackVerbal.
8. All content provided on the CrackVerbal website is for informational / educational purposes only. CrackVerbal makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. CrackVerbal will not be liable for any errors or omissions in this information nor for the availability of this information. The owner or the admin shall not be liable or responsible for any loss, or damage from the display or use of this information. Also, links to external sources are not intended as endorsements on behalf of CrackVerbal of any companies / organisations, products / services offered or views expressed therein.
9. You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false and inaccurate details or CrackVerbal has a reasonable reason to believe that false and inaccurate information has been furnished, we hold the rights to permanently suspend your account.
1. The information present on CrackVerbal website is precise, latest and accurate to the best of our knowledge. The same should not be used for any purpose that is unlawful or prohibited by our terms, conditions and policies. Alternatively, the content cannot be modified, published, transmitted, sold or reproduced by any third party.
2. CrackVerbal shall not be liable for any consequential, incidental damage or loss of profits or royalties arising out of any services provided by us. Nothing shall be considered as a substitute of personal investigation and the sound technical and business judgement of the read.
3. ALL AND ANY WEBSITE DESIGN, TEXT, AND GRAPHICS ARE PURELY THE PROPERTY OF CRACKVERBAL. Your use of this site constitutes acceptance of CrackVerbal’s information practices.
4. All program techniques and materials are the exclusive property of CrackVerbal. You agree not to disclose, reproduce, sell or distribute to any third party any information, written or spoken, including course materials obtained from CrackVerbal in connection with its courses or tutoring programs.
Copyright© 2014 by (CrackVerbal™) CrackVerbal Edutech Pvt. Ltd. ALL RIGHTS RESERVED.
DISCLAIMER OF RESPONSIBILITY
CrackVerbal is providing this website and its contents on an “AS IS” basis and makes no representation or warranty of any kind, express or implied, with respect to this site and contents. CrackVerbal disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition CrackVerbal does not represent or warrant that the information accessible via this site is accurate, complete or current.
The website might have text, graphics, user interfaces, visual interfaces of third parties which shall be a third party user generated content and We have no control over such third party user generated content as We are merely an intermediary for the purposes of this Terms of Service.
Use of this site constitutes consent to monitoring. All website traffic on this site is monitored for copyright, security and statistical purposes. Unauthorised attempts to upload or change information, to download the entire website or otherwise cause damage are strictly prohibited and maybe punishable under any applicable local, state, federal, and / or international laws.
Neither CrackVerbal nor any of its owners, proprietors, partners, directors, employees, editors or other representatives, will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation to compensatory, direct, indirect or consequential damages, loss of income or data, loss of damage to property, and claims of third parties.
All the general CrackVerbal Terms and Conditions mentioned earlier will apply for third party products and services.
You are a restricted user of this website.
You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. 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 Website is not permitted.
You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
c) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;
e) Post any file that infringes the copyright, patent or trademark of other legal entities;
f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
g) Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
k) Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m) Violate any applicable laws or regulations for the time being in force within or outside India;
n) Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
o) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p) Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
q) Publish, post, disseminate information that is false, inaccurate or misleading;
r) Violate any applicable laws or regulations for the time being in force in or outside India;
s) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
t) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
POLICY ON PRODUCTS/SERVICES OFFERED
1. CrackVerbal at no point makes no representations about what our product/service will do for your chances of scoring high on any test or admission to any academic or professional school or program or your chances of employment at any public or private institution. Your scores and admissions are purely based on your efforts. However CrackVerbal will act as an enabler to help you achieve your aspirations.
2. We do not guarantee your success on any test or admission to any academic or professional school or program or your chances of employment at any public or private institution, as the outcome solely depends on your ability. However, we provide training to enable you achieve success at such examinations and admission tests.
3. You will not hold CrackVerbal, its employees, consultants, GMAT experts, editors or representatives liable for any denied admissions to any academic or professional program or school or any denial of employment.
4. CrackVerbal disclaims any and all implied or express warranties, including but not limited to “GMAT scores”, “Essays”, “CV / Resume”, or “letters of recommendations”, about the fitness for a particular purpose and / or your fitness for any academic or professional program.
5. Enrolment to CrackVerbal services or purchase of CrackVerbal products may often be on a first-come-first-serve basis and maybe limited by our bandwidth, class size etc. CrackVerbal reserves the right to refuse a product or service to anyone.Any course taken has a validity of a year.There will be a renewal fee applicable if you want to retake the course.
6. Prices for CrackVerbal products and services are subject to change without notice.
7. The dates, timing, instructors, content, materials, venue, student support system & processes, and other features of CrackVerbal courses can be changed at any point of time at the sole discretion of CrackVerbal without advance notice.
8. Only students who register for the CrackVerbal product/service by making the associated payments will be allowed to avail the said product/service. This payment or registration cannot be transferred fully or partially to another student.
9. CrackVerbal’s clients are located across the world and hence extensive use of E-mail is made to reduce costs for both sides. This implies that all fee charged is for our advisory work only. Any additional cost, that includes but is not limited to commuting, telephone and any other out of pocket expenses are to be borne by you.
10. CrackVerbal shall not be held responsible for any technical issues at your end if you are availing any of our online product or service. The validity of such products and services is determined by CrackVerbal and subject to change without advance notice.
11. If a product or service offered by CrackVerbal is discontinued due to business reasons after you have availed it, you will no longer have continued access to it and CrackVerbal is under no obligation to refund the fee you paid or provide the product/service or related support offerings to you.
12. The consultants/faculty/employees at CrackVerbal block their time based on the scope of activities decided at the time of sign up. Any request for a change of schedule or scope after signing up will be solely at CrackVerbal’s discretion.
13. Switching between products and services offered by CrackVerbal is not permitted except in special cases. Switching to a higher-priced product or service means that you will need to pay the differential amount. However, switching to a lower-priced product does not entitle you to a refund of the differential amount.
14. Permission to re-attend or re-avail any product or service of CrackVerbal’s will need to be requested separately, and is at the sole discretion of CrackVerbal to allow or disallow them. If the price for the said product or service has increased in the meantime, you will need to pay the appropriate differential before re-attending or re-availing it.
15. If you lose any of the course material that was provided to you during the time of enrolment, then you will have to purchase the same by paying the amount as applicable to the version of the material that is then in use or stock.
POLICY ON ONLINE PAYMENT
The following terms and conditions regarding online payment are to be read carefully. Using the online payment facility on this website indicates that you accept all these terms and conditions. If you do not accept these terms then this facility is not to be used.
All online payments are subject to the following terms and conditions.
1. All and any fee for CrackVerbal’s products is quoted in USD or INR wherever applicable.
2. CrackVerbal is not responsible for any delay in receipt of fee payment due to incorrect account number or incorrect personal details.
3. CrackVerbal cannot be held responsible if payment is refused or declined by the credit / debit card supplier for any reason.
4. All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Bangalore, India.
When you pay CrackVerbal for all or any of its services, you understand and agree to our refund policy, which is as follows.
1. AMOUNT PAID ONCE SHALL NOT BE REFUNDED UNDER ANY CIRCUMSTANCES. Special cases shall be considered on a case to case basis and shall be based on the discretion of CrackVerbal only.
2. If the request for refund is placed before the deliverables for any of the service is initiated, then the amount shall be refunded after the deduction of reasonable charges based on service tax and charges, and the time we have spent on business development for you, which includes but is not limited to the preliminary discussions. An estimated time will also be used for the same, the reasoning for which shall also be shared. Any such request should be made within 7 days of enrolment or before the inception of the first class.
3. CrackVerbal will not yield to a refund request post inception of work if even a part of it has started. Any exception to this clause shall be completely at CrackVerbal’s discretion and will be considered on a case-to-case basis only post suitable audit.
4. CrackVerbal shall not be responsible for any delay at the customs or by the courier service. Hence NO REFUND shall be encouraged for any situations that are out of our control.
By choosing for one our services, you agree to Indemnify and hold CrackVerbal and its parents, subsidiaries, affiliates, managers, members, officers, employers, agents and other representatives harmless from and against any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your use of CrackVerbal’s products and services, your use of its site, your violation of the TOS, or your violation of any rights of a third party.
SERVICE AND TRADEMARK
CrackVerbal™ and its logo are trademarks of CrackVerbal. All rights thereto are reserved.
We commit to respecting your online privacy data. We further recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us. Information that is considered personal about you by us includes, but is not limited to, your name, address, email address or other contact information.
In order to use this website, you are required to register yourself by providing the following information which includes, but is not limited to:
(2) User name;
(4) Date of birth;
(5) Mobile number;
(6) E-mail address;
(7) Skill sets, etc.
You are therefore advised to re-read the Terms of Service on a regular basis. Should it be that you do not accept any of the modifications or amendments to the Terms, you may terminate your use of this website immediately.
INFORMATION WE COLLECT
Our site’s online requisition form requires users to give us contact information (like your name, address, telephone number and email address), and demographic information (like your zip code/pin code). As a Crackverbal member, you are required to provide a valid email address at registration and choose an username or alias that represents your identity on our website.
Certain information, such as your name, e-mail addresses, is collected in order to, among other things, verify your identity and for use as account numbers in our record system. Email addresses, Geolocations, Intellectual Property, listings viewed, any information entered in the contact us form or any other form displayed on any section of the website are also collected.
We use data collection devices such as “cookies” on certain pages of our Websites. “Cookies” are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a “cookie”. Cookies can also help us provide information, which is targeted to your interests. Cookies may be used whether you register with us or not.
EXTERNAL LINKS ON WEBSITE
The Website may include hyperlinks to other web sites or content or resources. We have no control over any websites or resources, which are provided by companies or persons other than Us.
You acknowledge and agree that We are not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
OUR USE OF YOUR INFORMATION
You further acknowledge that the Website may contain information which is designated confidential by Us and that you shall not disclose such information without our prior written consent.
Your information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services and products.
OUR DISCLOSURE OF YOUR INFORMATION
As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party.
Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.
We will retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored ‘back up’ systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.
CONTROL OF YOUR PASSWORD
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. It is important that you protect it against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services.
OTHER INFORMATION COLLECTORS
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the company. We do not recommend transfer of sensitive information (such as credit card number) and bank account details via the Site to other Users. Users are recommended to do so offline, on the phone or via personal emails. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once We receive it. However, “perfect security” does not exist on the Internet. You therefore agree that any security breaches beyond the control of our standard security procedures are at your sole risk and discretion.
DISPUTES AND JURISDICTION
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims through this policy will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in case both parties accept the proposed name, the said person shall be appointed as sole mediator. In any case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties, however the parties in good faith will attempt to bind by the decision.
Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Bangalore.