Term of Use

The domain name www.deskof.com (hereinafter referred to as "Website") and Tutotix App is owned by Tutorials Point India Limited bearing CIN No. (U80904AP2014PLC094598) a company incorporated under the Companies Act, 2013 with its registered office situated at Hyderabad City - 500081, Telangana, India. (hereinafter referred to as "Tutorials Point"). Tutorials Point India Limited is a leading Edu-tech Company based at Hyderabad that provides online tutoring services though website and Mobile Application.

Extent of the Terms of use

These Terms & Conditions (“Terms”) are set between Tutorials Point India Limited (“Company/We/Us/Our”) and its users (“User/You/Your”) and will govern the use of www.deskof.com (“Website”), our Tutorix App (“App/Mobile App/Application”) or any products or services including Audio, Video, Images and Textual Content through a Computer, Mobile App, Online Streaming, SD cards, tablets or other storage/transmitting devices (“Product(s)/Service(s)/Products & Services”).

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder and further rules there under as applicable and amended provisions pertaining to electronic records in various statutes as amended time to time.

As a user of our Products & Services, you must agree to have read the terms mentioned henceforth.

Eligibility for Membership

Our Products & Services shall be available to Persons who are registered with Website/App or otherwise as the company management decide from time to time. Our Services would be available to whole of India or only selected geographies of India and also to any other parts of the world at the sole discretion of the Company. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use our Products & Services. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use our Products & Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users or otherwise.

Registration and Access

As a part of the registration process on the Website/App to use our products & services you may need to register with us. At the time of registration, Tutorial Point may collect the following personal identifiable information about you: Name including first and last name, email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) grade/class of the user, and any other information deemed necessary by the Application. Post successful registration, you may be allotted a user ID and Password. You are solely responsible for maintaining the confidentiality of your account, user ID, and password. You further understand that you are completely responsible for all activities associated with your account. By agreeing to the terms and conditions, the user agrees to receive promotional communication and newsletters upon registration.

Activation

The user would be able to view only demo videos/demo lectures after registration. The user has to opt for Activation by paying specified amount to access all the videos lectures, text notes, Question and Answers of particular topic/section/syllabus. Activation for online streaming is non-returnable and non-refundable. The activation can be done only on mobile phone, ipad or tablet or any other device specified by company from time to time.

Confirmation from User

That you will use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website/App. You will provide authentic and true information in all instances where such information is requested of you. You warrant that your account related information will be accurate, current, and complete at all times. Tutorials Point reserves the right to confirm and validate the information and other details provided by you at any point of time. If we believe that such information is untrue, inaccurate, not current, incomplete, or misleading, then we reserve the right to suspend or terminate your account and restrict any and all current or future use of our products & services, without any liability to you. That you are accessing our services at your sole risk and are using your best and prudent judgment before entering into any transaction with us. That before placing any order or transaction you will check the products quality and description carefully. By placing an order for any of our products you agree to be bound by the conditions of terms of use.

You acknowledge that your ability to use your products/services is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility to the Website or Application at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to you for any damages arising from your inability access the services.

Access Security and Usage

You must notify us immediately of any unauthorized use of your account and any other breach of security. We cannot be held responsible for any loss or damage arising out of your failure or negligence to comply with the requirements stated in this agreement, either with or without your knowledge, prior to your notifying us of unauthorized access to your account. You may not use anyone else's account at any time or transfer your account to someone else without the permission of the account holder. If you have authorized another individual, including a minor, to use your account, you understand under such circumstances, you are completely responsible for the online/offline conduct of such user and the consequences of any misuse.

Licence and Term of use

Tutorials Point expressly grants user a limited sub-license to access and make personal use of our services and not to download (other than page caching) or modify it, or any portion of it, except with express consent of Tutorials Point. This license does not include any resale or commercial use of this site, app, products or its contents; any collection and use of any contents, offerings, product listings, descriptions, or prices; any derivative use of its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Our Website, App, Products or any portion of it may not be reproduced, posted, broadcasted, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tutorials Point. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Our Website, App, and Products or any logo of Tutorials Point and its affiliates without express written consent. You may not use any Meta tags or any other "hidden text" utilizing the Site’s or Tutorials Point name without the express written consent of Tutorials Point. Any unauthorized use terminates the permission or license granted by Tutorials Point and subject to legal consequences and damages on account of such violation.

Products & Services Quality

We have developed our Products & Services based on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of our Products & Services do not endorse as a substitution to the curriculum based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. The Company acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Products & Services do not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to and usage or our Products & Services does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.

Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered through our Products & Services. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Our Products & Services are compatible only with certain devices/tablets/instruments/hardware. The Company shall not be obligated to provide workable products and/or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Company’s products and Services. The company reserves the right to upgrade the table/type of compatible devices as required from time to time.

If you come across any error or inaccuracies in our Products & Services then we encourage you to send us your feedback to make the Application and contents thereof error free.

Product/Service Delivery and Returns

You have to specify the address to which the shipment has to be made at the time of purchase. All product(s) shall be delivered directly to the address as specified at the point of ordering and you cannot, under any circumstances whatsoever, change the address after the order is processed. In case of any change in the address, you need to specify the same to us in writing well in advance to the shipping date. Any inconsistencies in name or address will result in non-delivery of the product(s).

A product may be returned in the same condition as delivered by the Company. Any products returned showing signs of any use or damage in any manner shall not be accepted for return.

Any of the products such as SD Card (Study material loaded), Tablet (Study material loaded), etc shall not be accepted by you at the time of delivery only, if found broken/damaged.

Tutorials point shall not be responsible for Third Parties products condition, and delivery and use of them will be subject to their respective terms of service, privacy policies and return policies.

We highly recommend you not to accept any product package that seems to be tampered with, opened or damaged at the time of delivery.

Pricing

All the services of Tutorials Point will be sold at defined price unless otherwise specified. The prices mentioned at the time of booking will be the prices charged as on the date of the service availment. Although prices of most of the products/services do not fluctuate on a regular basis but some of the services on account of Company’s Policy do change on a regular basis.

In case the prices are higher or lower on the date of availing the services meant no additional charges will be collected or refunded as the case may be at the time of the delivery of the service booked.

Lab & Live Activities

While explaining various concepts, we have shown various lab tests and live activities. We highly recommend not to perform any such tests and live activities without a supervision of Subject Experts (Either Teachers or Parents). In particular, but without limiting anything here, the Company disclaims any responsibility for any outcome of the lab tests or any live activity performed by you or Subject Experts.

Changes of Terms & Conditions of Service

Our products & services enable the users to learn via on-line and off-line recorded instruction in the form of images, audio, video, textual content and using our learning services through our proprietary Products & Services.

The company holds the right to modify or upgrade their products & Services at any time. If you are at any time dissatisfied with our products & services, then your sole remedy is to discontinue the use of the products.

The company reserves the right to revise these terms at its sole discretion at any time and without prior notice to you other than by posting the revised terms on the Site/App. Any revisions to the terms are effective upon posting. The terms will be identified as of the most recent date of revision. Your continued use of the company's products & services after any revision to these terms constitutes your binding acceptance of the revised terms. Notwithstanding the preceding sentences of this section, no revisions to these terms will apply to any dispute between you and the company that arose prior to the date of such revision.

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 competent courts located in Hyderabad and you hereby accede to and accept the jurisdiction of such courts.

Modification of Services

The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, the Company has the right to amend these Terms from time to time without prior notice to you. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Website/Application/Services. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website/Application/Services. All prices are subject to change without notice.

We may modify the features, pricing, and other aspects of our products and services at our discretion and these terms will continue to apply for the modified products and services. You further understand that we reserve the right to modify or discontinue, temporarily or permanently, our products and services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification including suspension or discontinuance of all or any portion of our products or services.

As a user of our Products & Services, you agree that we may notify you through email regarding security, privacy, and administrative issues relating to your use of our Products & Services.

Privacy

Any personal information collected in connection with your use of our Product & Services are subject to our Privacy Policy, mentioned separately in our Privacy Policy Statement.

As a user of our Product & Services, you must agree to have read our privacy policy statement.

Termination

This User Agreement is effective unless and until terminated by either you or Tutorials Point. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site and our Application. Tutorials Point may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site or Application, Such termination will be without any liability to Tutorials Point. Upon any termination of the User Agreement by either you or Tutorials Point, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

The Company reserves the right to terminate Your subscription and/or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Application.

User Obligations and Prohibited Acts

No User shall be permitted to perform any of the following prohibited activities while availing our Services:

Other General Terms

Copyrights and Trademarks

Tutorials Point, its officers and Associates expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on Our Website and Application. Access to Our Website, Application or any of the services does not confer and shall not be considered as conferring upon anyone any license under any of Tutorials Point or any third party's intellectual property rights. All rights, including copyright, in this website and applications are owned by or licensed to Tutorials Point. Any use of the website, application and products or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Tutorials Point. You may not modify, distribute or re-post anything on website or application for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Tutorials Point, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website, Application or products sold. Access to this Our Services does not authorize anyone to use any name, logo or mark in any manner. References on Our Website and Application to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Tutorials Point endorsement, sponsorship or recommendation of the third party, information, product or service.

Tutorials Point is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, Audio clips, or downloads, video clips and written and other materials that are part of Our Website, Application or any of the contents of our products (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website or Application for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, broadcast, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website, Application or any of the contents of our products or any related software.

Proprietary Rights

All software used on this Website is the property of Tutorials Point or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed Tutorials Point, one of its affiliates or by third parties who have licensed their materials to Tutorials Point and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of Tutorials Point and is also protected by Indian and international copyright laws.

Disclaimer of Warranties

This website, the application and the services are provided on an “as is” basis with all faults and without any warranty of any kind. the company hereby disclaims all warranties and conditions with regard to the website, application/products and the services, including without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, accuracy, and timeliness. performance, completeness, suitability and non-infringement. additionally, the company shall not be liable for any damages arising out of or in connection with the use or performance of this site, or the application or the services. your use of any information or materials on this website/application/services/products is entirely at your own risk, for which we shall not be liable. it shall be your own responsibility to ensure that services provided by us meet your specific requirements.

Advertisements

The site may at its discretion display advertisements. The users' correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Tutorials Point service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such advertiser. The user agrees that Tutorials Point shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Tutorials Point service.

Communications

The Company may contact you through the registered mobile number or e-mail or any other mobile number/contact number or email provided by you to enable effective provision of Services. It is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails, from us at any time post registration/activation of our services. The user also agrees to receive promotional communication and newsletters from the Company.

This includes contacting you through information received through other parties. The use of our website, App or products is also your consent to receive SMS from us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters either by unsubscribing on the Website or Application itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to contact@deskof.com.

Further, the Company shall have the right to monitor the download and usage of the Application/Services/products and the contents thereof by the User/student, to analyze such usage and discuss the same with the User/student to enable effective and efficient usage of the Services. The User expressly permits the Company to clear the doubts of the student using the Application/Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail on express consent of the legal guardian/parent of the User or through any other forum.

Indemnity

You agree to defend, indemnify and hold harmless Tutorials Point, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Tutorials Point 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 your obligations under this User Agreement or arising out of the your 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 users and infringement of intellectual property or other rights.

In no event shall the Company, its officers, directors, employees, partners or agents be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, your use of, or access to, the Application and/or any third party websites, contents or links.

Breach or Violations of the Terms

In the event of your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.

Any violation by you of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.

Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Hyderabad shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Tutorials Point and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Hyderabad. The High Court of judicature at Hyderabad alone shall have the jurisdiction and the Laws of India shall apply.

Severability

If any provision of these terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of these terms.

Waiver

A provision of these terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of company to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.

Force Majeure

Tutorials Point shall have no liability to the user for the matters where it has no control or which are beyond its control and fall in this category.

Notice

All notices served by the Company shall be provided via email to your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to contact@deskof.com.

No Agency

Nothing in these terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the company nor any other party to this agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

Feedbacks

Any feedback you provide with respect to the Application shall be deemed to be non-confidential. You can send us your view, suggestion, feedback at contact@deskof.com.