These Terms and Conditions (“Agreement”) shall govern the legal relationship between, BPI India Private Limited (hereinafter referred to as “Company” or “BPI”) i.e. owner of the website https://www.bpiindia.com (hereinafter referred to as “Website”) and the User(s) of the Website.
Now this Agreement provides as follows:
- Use of BPI’s Website
By accessing and using Website and the functionalities and services provided therein, User(s) hereby confirm that User(s) have clearly and unambiguously read, understood and agreed to the Legal documents.
User(s) of Website includes students, channel partners of the Company, schools, colleges, coaching institutes/centers, parents of students and teachers and any other person who visit and access the Website.
Any pamphlet, promotional offer or advertisement circulated to the User(s) are part and parcel of the above referred Legal Documents and the User(s) has agreed to all of them in a “Composite and Comprehensive Manner” to access and use the Website, their functionalities and services.
It shall be the prerogative of the Company to provide the best services to the User(s) who access the Website however, Company does not warrant that the services provided by it will be uninterrupted, timely and/ or error free.
- User(s) Registration
Firstly, User(s) will have to register with the Website and thereafter, the Company will provide the log-in credentials (usernames and passwords), which can be used by the User(s) to pay the requisite fees for buying any Book/(s) under his/her account, available on the website.
User(s) agree and confirm that he/she will never use another User(s)’s account nor provide access to his/her account to any third-party.
Granting of the registration to a User (s) is within absolute and sole discretion of the Company and no User (s) shall claim the same as a matter of right.
It is the sole and absolute responsibility of the User(s) to maintain the confidentiality, secrecy and integrity of his/her account. The sharing or common use of the password of the account concerned with any other User (s) is strictly prohibited by Company. The Company is also not responsible if any User(s)’s account has been compromised and misused due to hacking/cracking and phishing activities by third parties. The User(s) is solely responsible if his/her password is used/misused and the account is illegally and unauthorized accessed after the password has been hacked/cracked or obtained through phishing methods. User(s) will be solely responsible and liable for the activities on the Website made from their Accounts. The Company shall have no responsibility for any damage to any User(s) computer system or loss of data that result from the download of any content, materials, and information from the Website.
BPI takes no responsibility for any User Content that is uploaded on the Website, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the Website provided herein.
- User Authority
By accessing the Website, User(s) represent and warrant that User(s) have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- User(s) Access, Permissions and Restrictions:
User(s) of the Website are “Users” as per the Legal documents of Company and within the meaning of Internet Intermediary liability and Cyber Law Due Diligence requirements of India. They are absolutely and unambiguously required to follow, in all cases and at all stages of use of the Website and its services, Legal Documents and such other rules and regulations as may be provided by the Company in its sole and absolute discretion from time to time. The Company is under no obligation to intimate the User(s) either before or after making changes, modifications and deletions of or in the Legal documents and it is the sole responsibility of the User(s) to keep themselves updated and aware in this regard in all cases and at all times by thoroughly going through the Legal documents.
BPI hereby grants User(s) permission to access and use the Website as set forth in these Terms and Conditions, provided that:
- User(s) agree not to distribute in any medium any part of the Website or the content without BPI’s prior written authorization.
- User(s) agree not to alter or modify any part of the Website to the effect that it 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 whatsoever,
- User(s) agree not to alter or modify any part of the Website to the effect that it contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Company resource,
- User(s) agree not to alter or modify any part of the Website to the effect that it threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- User(s) agree to receive installs and updates from time to time from BPI. These updates are designed to improve, enhance and further develop the Website and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. User(s) agree to receive such updates (and permit BPI to deliver these to User(s)) as part of their use of the Website.
- User(s) agree not to solicit, for commercial purposes, any Users of the Website with respect to User Content.
- User(s) may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam.
- Further, User(s) give BPI, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its Website and in any of its marketing or promotional activities.
- In User(s)’s use of the Website, User(s) will at all times comply with all applicable laws and regulations.
- Company reserves the right to discontinue any aspect of the Website at any time with or without notice at its sole discretion.
- When required by a lawful order that is in compliance with the Laws of India and other Jurisdictions, Company may provide information or any such assistance to Government agencies who are lawfully authorized for investigative, protective and cyber security activity. The information or any such assistance may be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any Law for the time being in force, on a request in writing by the Law enforcement agency stating clearly the purpose of seeking such information or any such assistance.
- Content Use by User(s)
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to User(s) use of the Content.
- BPI’s Content utilized on the Website which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics are owned by or licensed to BPI and subject to copyright and other intellectual property rights under the law.
- User Content is provided to User(s) on an AS IS basis. User(s) may access Content for their information and personal use solely as intended through the provided functionality on the Website and as permitted under these Terms and Conditions. User(s) shall not download any User Content unless they see a “download” or similar link displayed by BPI on the Website for that User Content. User(s) shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of BPI or the respective licensors of the User Content. BPI and its licensors reserve all rights not expressly granted in and to the BPI and the User Content.
- User(s) agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the Website or the User Content therein.
- User(s) understand that when using the Website, they will be exposed to User Content from variety of sources and by different Users, and that BPI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. User(s) further understand and acknowledge that he/she may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and User(s) agree to waive, and hereby do waive, any legal or equitable rights or remedies he/she have or may have against BPI with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless BPI, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to User(s) use of the Website. The Website also provides links to other third party websites and access to content, products and services from those third party websites, including users, advertisers, affiliates and sponsors of the website. The Company will not be responsible for the content or data available on those third party websites. The User is liable to peruse and agree to the policies posted by those third party websites regarding privacy and other topics before use.
- Objectionable Contents Policy
The User(s) admit, agree and accept that they may be exposed to content posted by other persons which they may find offensive, unacceptable, obnoxious or indecent and that the Company may not be able to prevent such content being posted or prescreened. Such content should be brought to notice of the Company and the Grievance / Nodal Officer appointed by Company. The Company act upon such information as it deems proper in accordance with Legal documents and its policies. The decision taken by Company and its Management in this regard shall be final and binding on the User(s) and the User(s) specifically agree that Company will not incur any liability under any circumstance whatsoever regarding the same.
- Grievance or Nodal Officer
If the User (s) have any question, query, suggestion, complaint, grievance, etc. that he/she wish to share or report to the Company, then he/she is free to contact us at +91 – 11 – 49731800 or write to us at email@example.com . The Grievance Officer will try to redress the complaints/grievances within one month from the date of receipt of complaint/grievance. Grievance/Complaints not reported in the manner specified in this clause would be rejected outrightly and no notice of the same shall be taken by the Company in any case whatsoever.
- Intellectual Property Rights
All the intellectual property rights (IPR) in Website shall belong to the Company. Intellectual property rights in the content, user interface, text, designs, graphics, images, data uploaded/available on Website either belong to the Company or third parties who have licensed the content to the Company. Visiting/using/accessing the Website does not create any intellectual property rights in favor of the User(s).
The Website hereby permits the User(s) to use its IPRs for the sole and limited purpose for availing the services offered by it strictly as per the requirements of Legal documents or any other regulatory or Legal compliance of any jurisdiction, etc. The User/(s) is/are under all circumstances, strictly prohibited to use the IPRs in non-permitted purposes, which includes but not limited to copying, reproducing or transmitting the IPRs to any other person or device/medium that is presently known to/or will be known in future.
The User(s) acknowledges that all trademarks, copyrights, and other IPRs in and relating to the service are owned by Company or its respective Owner(s) as the case may be. No one shall use any of the IPRs available on Website, whether directly or indirectly and whether in original form or modified or derivative form, without the prior written permission of Company/Respective Owner(s). The User(s) are expressly and specifically prohibited from making any commercial use or/and derivative use of the Website and anything relating to it including its Legal documents.
The Company holds an exclusive, absolute, valid and lawful Copyright over the Legal documents available on it. Any unauthorized copying, using, etc. of these Legal documents or any part thereof is strictly prohibited as per the provisions of Indian Copyright Act, 1957 and other IPRs related and other Laws of India and other jurisdictions. The Company reserves the right to prosecute any offender in this regard.
- Compliance with Applicable Laws
It is the sole responsibility of the User(s) to acquaint themselves with the applicable laws of various jurisdictions, including India. These applicable laws shall specifically include Import – Export Laws, Rules and Regulations of India and Trade Agreement(s) between India and Foreign Countries. The accessibility of Website in jurisdiction outside the legal / contractual capacity for selling / exporting / licensing its products / services shall in no situation be implied as an offer from Company to that effect.
User(s) are responsible for obeying applicable Laws of India and other jurisdictions, as applicable, while accessing /availing services of the Company. User(s) shall undertake and agree to indemnify the Company against any claims, expenses or liabilities suffered by the Company or claimed against the Company by any person or entity arising out of User(s) non-compliance with applicable Laws of various jurisdictions, including India.
- Usage of Account
The User(s) may open his/her User Account by logging in and order any Book/(s) from the Books available on the website, by making the payment through the requisite mode. After receiving the order, the Company shall dispatch the Books to the User on the address given by the User. If any User(s) fails to comply with this condition, Company shall be entitled to cancel his/her account immediately and will bar him/her from using Website in future.
- Crime and Cyber Crime reporting by User(s)
The User(s) is under an absolute obligation to inform the Company about any unauthorized access / Cyber Crime / Cyber contravention involving their accounts. If the User(s) fails to inform Company within 48 hours of the commission of such unauthorized access / Cyber Crime / Cyber contravention, Company shall not be under any obligation to extend any sort of assistance to the User(s). The User(s) alone is responsible to investigate, prosecute and file necessary legal actions and proceedings against the Cyber criminals and other offenders and Company shall in no case be responsible to share the financial and investigation burdens of the User(s). Company will, however, endeavor to support User(s) in investigating such instances of Cyber Crime, if any, to the best of its ability.
- Online Banking Transactions and Payment rules
It is the sole responsibility of the User(s) to manage the Online Banking and financial transactions and payments regarding the Website. The User(s) is solely responsible to acquaint and comply with all applicable laws of India, including those pertaining to online payments and transfer of funds through online and offline methods and Company shall in no way be responsible for any loss caused to the end users during any banking transactions related to the use/ access of the Website. The User(s) have to be sure that they are complying with the requirements and regulations as framed by Reserve Bank of India (RBI) from time to time. Any online monetary transaction in violation of the rules and regulations prescribed by the RBI and other applicable Laws of India shall be solely attributable to the concerned User(s) and Company shall not be held liable in this regard.
User(s) understand and acknowledge the fact that Company is neither a bank nor a financial institution and that the purchases/balance, if any, standing to the credit in User(s)’s account does not accumulate any interest. User(s) also understand and agree that his/her account maintained with Company is purely for the purpose of availing the services made available on it. User(s) shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer his / her account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Company or by using any Services.
User(s) using Website and its services may be required to send/receive money to/from Company. This process necessarily involves use of third-party electronic payment processors or service providers (ESPs). To facilitate the same, User(s) unambiguously and permanently allow and authorize Company to instruct such ESPs to handle User(s) monetary transactions vis-à-vis dealings of Website.
User(s) also agree that in accordance with their requests as abovementioned, Company may give such instructions on their behalf. User(s) agree to acquaint themselves with the terms and conditions of use of each appropriate ESP. In the event of conflict between these Legal documents and the ESP’s terms and conditions, these Legal documents shall prevail.
- Impersonation and unauthorized dealings prohibited
Company does not tolerate illegal and unauthorized activities on or against it by either User(s) or unrelated third parties. User(s) are absolutely prohibited from impersonating another person or user or deal in any other manner that is prohibited by the Laws of India and other jurisdictions. If Company have reasonable grounds to believe that a User(s) has indulged in any prohibited activities or has committed any Crime or Cyber Crime, Company may in its sole discretion, but without any Legal obligation to do so, initiate appropriate Legal proceedings against the offender as well as notify the same to any regulatory or Law enforcement agency of India or foreign jurisdiction. Company may also suspend or terminate User(s)’s account at and other privileges for the use of the Company.
Company may organize various scholarship or educational quiz / competition / tournaments from time to time as per its policies and Legal documents. User(s) who would win such quiz / competition / tournaments may be offered gifts and items that may belong to third party vendors and companies. Company has no affiliation or partnership with these third-party vendors and companies and all the rights and obligations vis-à-vis these third party gifts will exclusively be governed by the terms and conditions mentioned by these third party vendors and companies. Any dispute or grievance between the User(s) must be addressed to these third-party vendors and companies alone and not to Company.
- Waiver and Severability
Company have the absolute discretion to exercise its rights against User(s) in such manner and at such time as Company may deem appropriate. The inaction or delay on the part of Company to act or exercise any right or remedy with respect to a breach of any of these terms and conditions or Legal documents by User(s) shall not be deemed to be a surrender or waiver of Company rights to act with respect to any prior, concurrent, subsequent or similar breaches. If any Judicial or Quasi-Judicial body/authority in India declares any of these terms or conditions to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining terms and conditions will not be affected. Any such inappropriate term or conditions will be replaced by Company with another term that is valid and enforceable and is in most nearly with effect to the original invalid term. User(s) shall not object to such replacement of terms and conditions by Company for any reason whatsoever.
- Warranty Disclaimers
Company disclaims any and all warranties, expressed or implied, in connection with its, hardware, software, E-Books, digital contents, course materials, etc. all of which are provided to the user on an “As Is” basis. User(s) access and use the Company and its Services at his/her own and sole risk. Company explicitly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
- Applicable Law and Dispute Resolution
The use of the Website, its services, offers, promotions, etc. is governed by the Laws of India alone, without regard to its conflict of legal provisions. All disputes, claims, complaints, grievances, etc. shall be resolved through a sole Arbitrator/Arbitration Institution to be appointed by the Company as per the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time) and the decision of the Arbitrator shall be final and binding upon all the parties to the disputes, claims, complaints, grievances, etc.
- Court’s Jurisdiction
Only the Courts of Delhi shall have the exclusive jurisdiction to entertain any disputes, claims, complaints, grievances, etc. arising out of the use of the Website, its services, offers, promotions, etc.