Refresh Koncepts LLP (herein referred to as “the LLP”/”We”) provides online Mathematics courses for students of Class X through pre-recorded videos, live doubt-clearing sessions, Mock tests and other learning aids (Collectively ‘Products/Services’) through its website accessible at www.refreshkoncepts.com, and Mobile Application with the name ‘Refresh Koncepts’ available on Android Play Store (“Website/Application”).

These Terms and Conditions (“Terms of Usage and Access”) govern the use of Website/Application or products/services in connection with the Website/Application.

By a) accessing the Website/Application or b) registering as a subscriber for accessing the content, including free content, you agree that you have read, understood and agree to be bound by all the Terms of Use. It is understood that, the students are using the Website / Application under the guidance of their parents / guardians and they have read, understood and agreed to these the Terms of Use.

These Terms of Use constitute the entire and only agreement binding upon the LLP and its users and their parents / guardians (“User/You”). We may change the terms of Usage at any time with due intimation to the User(s) through email / notification on the Application / Website.

If you do not agree with these Terms of Use, then you are prohibited from using the Website/Application and any products and have no right to access the same.

1.   Refresh Koncepts Registration

1.1 You are required to register with the Website/Application in order to access certain features or products. You will be solely responsible to secure your account and password. In case, You forget your password, You can use the forgot password functionality to retrieve the same.

1.2 The account is available to only the registered users on a single-user basis and is strictly non-transferable.

1.3 Some Free Content is made available on the Website as well as on the Application post the registration. The access to the paid content is available only on the Mobile Application which can be accessed only through one hand-held device (mobile phone /tablet) through which the initial registration is done on the Application.  The Media Access Control address (MAC Address) of the handheld device registered will be stored in our database and access would be allowed for access only through the MAC address registered.

1.4 For any reason whatsoever, if You wish to change the registered hand-held device, You are required to write an email to us at dineshmodi@refreshkoncepts.com. On receipt of the email, we would discontinue the access on the old device and provide the registration for the new device. The change may be done not more than 3 times during the duration of the access. Further, in no circumstances, access on two devices would be provided at the same time.

1.5 We hereby agree to take the responsibility to protect the private data submitted by You on the Website/Application and the use of such data is outline in our Privacy Policy.

1.6 We reserve the right to block access, at our sole discretion, to the products/services for any user who does not follow these Terms of Usage. No refund would be issued in case the access is revoked on account of non-adherence to these Terms & Conditions.

2. Usage of Website and Application

2.1 The Users agree not to engage in the following activities and are expressly prohibited in doing the following:

a) Use of any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, or any similar or equivalent manual process, to access or monitor any portion of the Website/Application or any Content;

b) To duplicate, record, reproduce, sell, resell or transfer any videos or other proprietary information or material which are available on the Website / Application.

c) Use the content of the Website / Application commercially in any way whatsoever including but not limited to providing access of the content to others in whatsoever form, display of the content to others, providing access and/or sharing the registered device with others for use, relaying the content of the Website / Application through any medium for the use of others without the express written prior consent of the LLP.

d) Copy, distribute and indulge in plagiarism with website content;

e) Make any unauthorized use of Website/Application in any manner which is inconsistent with any applicable laws or regulations including but not limited to the Information Technology Act, 2000;

f) Insult, abuse, harass, stalk, threaten or otherwise infringe the rights of others;

g) Interfere with, disrupt, or create an undue burden on the Website/Application;

h) Impersonate or falsely represent yourself with any person or entity or any other user and interfering in their use of Website/Application;

i) Attempt to hack, reverse engineer or edit HTML source code;

j) Sharing or transfer of account sensitive information such as username and password;

k) Access, tamper with, or use non-public areas of the Website/Application or Services;

l) Publish, post, distribute any defamatory, infringing, indecent, offensive or unlawful material or information;

m) Use or access Website/Application to upload, transmit or attempt to upload/transmit any type of malware, viruses or other similar materials;

n) Systematically retrieve data or other content from our Website/Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a compilation, database, directory or the like, whether by manual methods, through the use of automated devices, or otherwise;

o) Violate any of the terms specified under the Terms for the use of the Website/ Application.

p) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website/ Application.

3. Our Content

3.1 We will create listing of various courses offered through our Website/Application and the details about it.

3.2 The content of the products/services are developed based on the concepts covered in structured curriculum syllabus prescribed for students of various courses. This does not imply endorsement of any method but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. Usage of our products/ Services does not in any manner guarantee passing of any exams or achievement of any specified percentage of marks in any examinations.

3.3 Whilst it is our endeavor to provide access to the Website / Application at all times with minimum downtime, we do not assume any liability for any downtime that may occur due to technical glitches, updates of the software or any other reason whatsoever. In case, you are facing technical difficulty in accessing the content, you may contact us through email on dineshmodi@refreshkoncepts.com.

3.4Whilst every effort is taken to avoid any errors or omissions in the preparation of the content and offer the most current, clear and reliable information, we do not assume any liability and shall not be held responsible for any errors and accuracy of the information of the content. If you observe any errors or omissions in the content of the Website / Application, we request you to write to us with your comments on dineshmodi@refreshkoncepts.com.

3.5 The schedule for the Live-Doubt clearing sessions would be informed to the Users well in advance. The Users are advised to check the communications regularly for the update on the same. We reserve the right to reschedule or cancel any particular Live-Doubt clearing session with due intimation to the Users.

3.6 The LLP may change or modify any of its content displayed on the Website/Application from time-to-time without any prior notice.

4. Intellectual Property Rights

4.1 Refresh Koncepts respects the intellectual property of others and expects our users to do the same. We own the intellectual property relating to the content of the Website/Application and everything that is published on the same including but not limited to videos, text, design, materials. We retain full and complete title to the content appearing on the Website/Application and any reproduction of the same would tantamount to infringement of our intellectual property and action under applicable law(s) may be initiated by us in such scenario.

4.2 The Technology Platform on which the Website and the Application is hosted is the intellectual property of the Technology Vendor from whom Refresh Koncepts has availed the services.  The Intellectual Property of the Vendor should not be infringed in any manner whatsoever.

4.3Under no other circumstances may any content of the Website be used for any other purpose, directly or indirectly, for commercial purposes. The LLP has all the rights to prohibit access to users who do not respect and involve in the infringement of intellectual property.

4.4If you believe that any material or content available on or through the Website/Application infringes upon any copyright you own or control, please immediately notify us by email atdineshmodi@refreshkoncepts.com and we will act on it.

5. Pricing and Payments

5.1 The money is collected in advance for any course during the enrolment and the content is accessible for a period beginning on the date of registration and ending at the end of the Academic Year. The end of the Academic Year would be considered as the next day of the date of the examination being conducted by the respective Board for which the registration is obtained.

5.2 The users may either obtain a whole course or specific topics from the course, the pricing of which is separately displayed on the Website / Application.

5.3 The prices are subject to modification without prior notice. However, this would not impact the pricing for the Users who have already paid for a course.

5.4 All payments have to be made through the payment gateway provided on the Website / Application or to any designated bank account which the LLP may provide in due course.

5.5 We shall assume no liability for any loss/damage arising directly/indirectly due to lack of authorization for transaction, or any other payment issues which are beyond our control.

5.6 Money paid by the user is refundable only if cancellation is made within 3 days of enrolment for the course and the user has not attended any classes or not used any other services.

6. Disclaimer

The services and all included content are provided on an “as Is”, “as available” basis and all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). We disclaim any and all liability related to your access or use of the services or any related content. You acknowledge and agree that any access to or use of the services or such content is at your own risk. Every effort has been made to ensure smooth functioning of the technology used for Website/Application, we shall not be held responsible for any damages due to technology or compatibility issue. Reference to any product, process, publication, service, or offering of any third party does not necessarily constitute or imply the endorsement or recommendation of such. No advice or information, whether oral or written, obtained by you from us through the website shall create any warranty, representation or guarantee not expressly stated in these terms of use.

7. Limitation of Liability

7.1 To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, resulting from: (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any party, including without limitation, any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or alteration of your content or information.

7.2 In no event shall Refresh Koncept’s aggregate liability for all claims associated with the services exceed the total amount of fees received by us from you.

8. Indemnification

You agree to defend, indemnify and hold harmless the LLP and its partners , from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) Your illegal use of and access of the Website/ Application; (ii) Your violation of any term of these Terms or any other policy of the Company; or (iii) any claim that Your inconsistent use of the Application/Website/Services has caused damage to a third party.

9. Governing Law and Jurisdiction

The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India.

10. General Provisions

10.1 Notice:All notices served by the LLP including the modification of these Terms of Use will be in writing and shall be provided via email to your account or as a general notification on the Application. Any notice to be provided to the LLP should be sent todineshmodi@refreshkoncepts.com.

10.2 Assignment: You cannot assign or otherwise transfer your obligations under the Terms, or any right granted hereunder to any third party. The LLP’s rights under the Terms are freely transferable by the us to any third parties without the requirement of seeking your consent.

10.3 Severability:Should any part of this Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

10.4 Waiver:Our failure to enforce any provision shall not be deemed a waiver of such provision nor of the right to enforce such provision.

10.5Force Majeure: We shall have no liability to the user for the matters where it is beyond our control including but not limited to Act of God, War, Black-outs, curfews, Orders of the Government etc.

11. Feedback

We welcome any feedback you provide with respect to the Website/Application and shall be deemed to be non-confidential. You can send us your suggestion/feedback at dineshmodi@refreshkoncepts.com.