Terms and Conditions
- The Website www.jupiterflix.com (hereinafter collectively referred to as the “Platform”) is of and owned by JUPITERFLIX (hereinafter referred to as the “Company”, “We”, “Us” or “Our” and their connotations), a company incorporated and existing under the laws of India located at the address Karol Bagh, Delhi – 110005.
- These Terms and Conditions shall also apply to the Subscriptions with the package of any product or service provided by the Company.
- The term “You”, “Your”, “User” or “Subscriber” shall mean and refer to the person visiting including but not limited to the existing and/or the new subscribers/recipient of the Product(s) including parents/guardians on behalf of minor students and the users of the Platform, accessing, browsing through and/or using the Platform or using the services, at any point in time.
- The term “We”, “Us”, “Our” and “Company” shall mean and refer to the Website and/or the Company, depending on the context. The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner.
- Further, the term “Website” shall mean the website www.jupiterflix.com of the Company; “App” shall means the application [JUPITERFLIX] of the Company.
- “Product(s)” shall mean and include the video lectures, e-books, test papers, study material and other content available on the Platforms for the Subscribers. These headings shall not be used by either party to interpret the provisions contained under them in any manner. We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Platform or avail any of its services without registration, following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Platform is conditioned upon your compliance with the Terms of Service and all it’s sub-sections, including but not limited to compliance with the Terms of Service even after alterations, if any.
Usage Policy, User Obligations and Conduct:
The Company grants you a limited sub-license to access and make personal use of the Platform, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Platform or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. 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 the Website or of the Company and/or its affiliates without the express written consent of the Company. You may not use any “tags” or any other “text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake :
- Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script, and audio, contained in the Application, Website, Services and products are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on this Platform or Services shall be, or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. You may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium. Certain contents on the Platform may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.
- Your use of our products, Website, Application and Services is solely for Your personal and non-commercial use. Any use of the Application, Website, Services or products or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this
Application, Website, products and / or our Services shall be subjected to the following restrictions: I. You may not decompile, reverse engineer, or disassemble the contents of the Platform and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Platform and/or Services/products. II. You will not : a) use this Platform and/or any of our product/s or Service/s for commercial purposes of any kind, or b) advertise or sell the Application or any products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or c) use the Application and / or Website/our products and Services in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company. III. No User shall be permitted to perform any of the following prohibited activities while availing our Services. You are a restricted user of this Platform and a) 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 Platform is not permitted. b) You agree not to access (or attempt to access) the Platform 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 Platform 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 specially made available through the Website. You acknowledge and agree that by accessing or using the Platform 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. c) In places where this Platform 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: i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others; ii. Engage in any activity that interferes with or disrupts access to the Platform or the Services (or the servers and networks which are connected to the Website); iii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another & 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; v. Post any le that infringes the copyright, patent or trademark of other legal entities; vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another computer; vii. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; viii. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Platform or Service or information made available or ordered by or through the Platform, 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 Platform; ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, system resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites; x. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section; xi. Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or other third parties; xii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; xiii. Violate any applicable laws or regulations for the time being in force within or outside India; xiv. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Platform contained herein or else where; xv. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; xvi. Threaten the unity, integrity, defence, 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; xvii. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India; xviii. Directly or indirectly, order, attempt to order, 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; xix. Create liability for Us or cause Us to lose (in whole or in part)
The Services of our Internet Service Provider or other Suppliers.
IV. User further undertakes that they are not permitted to: a) Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable; b) Stalking, intimidating and/or harassing another and/or inciting other to commit violence; c) Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice; d) Interfering with any other person’s use or enjoyment of the Platform/Services; e) Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else; f) Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content; g) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; h) Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Platform or services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent; i) Access or use the Platform/Services/products in any manner that could damage, disable, overburden or impair any of the Platform’s servers or the networks connected to any of the servers on which the Platform is hosted; j) Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Platform/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Platform/Services/products, or engage in any activity prohibited by these Terms; k) Disrupt or interfere with the security of, or otherwise cause harm to, the Platform/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Platform/Services/products or any affiliated or linked sites; l) Interfere with, or inhibit any user from using and enjoying access to the Application/Website/ Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Platform/Services/products; m) Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Platform/Services/products, to access, acquire, copy or monitor any portion of the Platform/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Platform/Services/products; n) Alter or modify any part of the Services; or Use the Services for purposes that are not permitted by: i. these Terms; and ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or o) Violate any of the terms specified under the Terms for the use of the platform/Services/products.
1. On accessing our Platform or sending email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. 2. We will communicate with you by email or posting notices on our Platform. 3. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
Termination of a User Account
1.) The company reserves its right to terminate a User’s access to the Platform, if found/reported of any of the following: 1. Violation of any applicable laws; 2. Commission of repetitive acts of copyright/trademark infringement by a user; 3. Inappropriate or unlawful or illegal or which would bring any legal claim against the Platform; 4. Breaches any terms of Terms and Conditions contained herein by a user; 5. Commission of acts that disrupts our business operations or affects any other party/ User; 2.) The Company shall be sole authority to decide whether a User’s Content violates the Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that the Platform deems fit from time to time. 3.) The Platform may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's account for submitting such material in violation of these Terms and Conditions. 4. We may suspend access to the Platform or require you to change your password, if we have reasons to believe that the Platform has been or are likely to be misused, and we will notify you accordingly. 5. Any termination of the registration and/or Account will not affect liability previously incurred by you.
Effective of Termination
In case the Company is satisfied or has reasons to believe that a user has acted in the manner which amounts to termination of the account, in such cases, the Company reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account: 1. The Company shall at its sole discretion withhold or stop any and all payments that are to be made to such User and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute. 2. Payments shall not be made for the work that is the subject matter of any of the breaches. 3. User access shall be terminated immediately, and the User shall not be able to access the said terminated account. Governing Laws and Dispute Resolution 1. This Policy and user agreement shall be governed by and construed in accordance with the Arbitration and Conciliation Act 1996, or such similar laws of India which are not in conflict with each other. 2. Disputes and Jurisdiction 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. a. 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. b. 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 Delhi, 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 Delhi. Such shall be subjected to the exclusive jurisdiction of the competent courts of Delhi, India.
Intellectual Property Rights
1. The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Platform. Access to or use of the Platform does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. 2. All rights, including copyright, in and to the Platform are owned by or licensed to the Company. Any use of the Platform or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company. 3. You may not modify, distribute or re-post anything on the Platform for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. 4. All other marks are the property of their respective owners. 5. No trademark or service mark license is granted in connection with the materials contained on the Platform. Access to or use of the Platform does not authorize anyone to use any name, logo or mark in any manner. 6. References on the Platform 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 the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services. 7. The Company 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 access a link of any third party websites, you do so entirely at your own risk and expense.
1. The website, services and other materials are provided by this website is on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for a) Any errors, mistakes, or inaccuracies of content and incompleteness of materials; b) Any interruption or cessation of transmission to or from the site; c) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or; d) Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site; e) Any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site; f) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. 2. To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user content. 3. The user/subscriber understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material or data. 4. We are not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties. We shall not be liable for any third-party product or services. 5. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. 6. As with the purchase of a product or service through any platform or in any environment, you should use your best judgment and exercise caution where appropriate.
Eligibility to use
1. In case of failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, epidemics, pandemic, war, terrorism, floods, strikes, civil unrest, fire, power outage, and/or unusually severe weather, the Company shall not be liable for such failure or delay in performance or any of its obligation.
1. If any provision of this Terms and Conditions is found void, invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force unaffected.
1. Under the ambit of prevailing laws in the country, you agree to defend, indemnify, and hold harmless the Platform, the Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: i.) Your use of and access to the Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Platform.
Any notice to be provided to the Company should be sent to firstname.lastname@example.org
1. For the purpose of this clause Confidential Information would mean all material, non-public, business-related information, written or oral, whether or not it is marked as such, that is disclosed or made available to the receiving party, directly or indirectly, through any means of communication or observation, including but shall not be limited to user list, employee details, processes, ideas, business model, concepts relating to the Platform which are not available in the public domain. 2. You acknowledge and agree that the Confidential Information so provided to you shall at all time, be the property of Platform and any breach of the same shall cause irreparable damage to us. 3. You will not without obtaining prior written consent of Company, disclose to third party any Confidential Information that is disclosed to you during the term of your use of the Platform.
1. Before subscribing to any of the subscription plans, it is recommended to read the subscription terms and conditions carefully, as once you have subscribed you cannot change, cancel your subscription plan. 2. Once you subscribe and make the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund.