Terms of Use

These Terms and Conditions of Use govern the “User's(s)” (as defined below) access or availing of the Services (as defined below) being offered by MAKITH Career Institute Private Limited (‘We’, ‘Us’, ‘Our’, ‘MAKITH’, or ‘the Company’), through its Platform (as defined below). The Company has its registered office at "1/3, Satyen Bose Sarani, Subhash Pally, Benachity, Durgapur, West Bengal, PIN-713213.
MAKITH Career Institute Private Limited provides services under various brands. This includes the brand name of ‘ MAKITH’ which provide courses for the preparation of JEE (Main+Advanced), JEE-Main, NTSE, KVPY, Olympiads & Boards, covering classes from VI to XII & XII Passed students.
These Terms and Conditions of Use (hereinafter ‘Terms of Use’) pertains to the services made available over and across the various sources and/or channels – digital/physical/otherwise – through which the User consumes the services. These sources, channels, transactions through them, and infrastructure facilitating them, will hereinafter be collectively referred to as ‘Platform’ which shall mediate the consumption of the services and value creation for the User. For these Terms of Use, wherever the context so requires, ‘User’ shall mean any natural or legal person who browses the Platform or has agreed to become a subscriber to the services on the Platform, by providing login credentials while registering on our website as a Subscribed User (defined in Clause 2.3) using any device(s) that support access to the Platform services.
We reserve the right to amend the Terms of Use (at any time without prior notice), which shall be updated on this page, regularly, so that you are always aware of the latest developments in the Platform. The date at the top of this page indicates when these Terms of Use were last updated. In case of any changes or updates, we shall endeavor to notify the User of such changes at the earliest, and notify about all material changes. By clicking ‘I Agree’ or ‘I Accept’, or using the Platform or availing Services, you agree to be bound by these changes
These Terms of Use applies solely to Our Platform. We state that these Terms of Use is not applicable to other such similar or related Platform and the terms of use of other platforms and websites may vary, accordingly we are not responsible for the terms of use of other such platforms.

Acceptance of Terms

These Terms of Use set forth a legally binding contract between Us, and the User and by clicking ‘I Agree’ or ‘I Accept’, or using the Platform, you agree to the Terms of Use stated herein. The Terms of Use equally apply even if you only visit or review any of the service offerings made available by Us and you are bound by these Terms of Use. If you do not agree to These Terms of Use, please do not continue to access and use our Platform henceforth. In consideration of your use of the Platform, you agree:

To provide true, accurate, current, and complete information about yourself complying with Clause 2 of These Terms of Use and as prompted in order to generate the login credentials.
To maintain and promptly update your login credentials to keep it true, accurate, current, and complete.
And acknowledge that the Company is not responsible to ensure that you conform to the eligibility criteria.
To seek the consent of your parents/legal guardians, in case if you are a minor, before providing any information about yourself or your parents and other family members, on the Platform.
That We are not responsible or liable for any consequences, that arise as a result of misuse of any kind, by you, in the Platform or any of Our services, such that it causes any harm or injury to a third-party.
That We reserve the right to change and update the content in the Platform to represent the latest evidence and practices, with the changing times, needs and requirements. We reserve the right to constantly review, update and replace the content and features of all the Study Materials, including but not limited to QBanks, Test Series, Videos and Notes. We do not guarantee that any content or features, of the previous version, would be made available on the Platform in the new version.
That We reserve all right to engage a different faculty or tutor or change the current faculty or tutor at any given point of time without any prior notification to the User.

If User provides any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Platform.
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules as applicable, thereunder, and the provisions pertaining to electronic records in various statutes as amended by the IT Act.
User may access the Platform and subscribe to the services only for personal use. The Platform as a whole, is owned exclusively by the Company. User acknowledges that We are providing the User with a revocable, limited, non-exclusive, non-commercial, and non-transferable license to use the Platform. User will upon logging into the Platform as a regular user be able to view Our limited free content as a demo of the offerings. User will get access once enrolled as a ‘Subscriber’ / ‘Subscribed User’. User is advised to review this free content before taking the decision to proceed to subscribe to the services as a ‘Subscribed User’ (as deﬁned in Clause 2.3).
By registering the e-mail address and/or phone number with Us, the User consents to be contacted by Us via phone calls, SMS notiﬁcations, e-mails and/or any other means that help us reach the User, in case of any subscription or service updates, subject to the terms of the Privacy Policy.
Users are entirely responsible for maintaining the security and conﬁdentiality of their account as well as the login credentials to the account once the User becomes a ‘Subscribed User’.
We will not be liable for any loss that User may incur as a result of a third party using the User’s account, either with or without the User’s knowledge. The User may be held liable for any losses incurred by Us as a consequence of third-party usage of the User’s account.
Due to the global nature of the Internet, User agrees to comply with all applicable local laws, state speciﬁc laws, and regulation regarding use of the Platform. User also agrees to comply with all applicable laws regarding the transmission of technical data and information exported from India or the country in which the User resides.

Eligibility

Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for Platform and be a Registered User (defined hereunder). As a minor, if User wishes to use Our Services, such use shall be made available to User by User’s legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that the minor has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents.
In addition, to enroll in MAKITH Users are to be students who are preparing for JEE (Main+Advanced), JEE-Main, NTSE, KVPY, Olympiads & Boards and/or Students who are in classes from VI to XII & XII Passed. Courses for Classes VI to X are being conducted under Junior Division while Classes XI, XII & XII Passed are being conducted under the JEE Division.
To register on the Platform for availing the Services (as deﬁned in Clause 3.1) a login account, which may be based on a paid subscription, is required. You become a ‘Subscriber’/ ‘Subscribed User’ (hereinafter ‘Subscribed User’) once the account is created and an appropriate plan is chosen with the correct payment being received by the Company for the plan.
To determine User’s eligibility as a Subscribed User, User will be required to give details to validate user’s eligibility by ﬁlling in all mandatory ﬁelds in the service subscription enrolment form. Upon completing all ﬁelds in the service subscription form, User will have access to the ‘Free Content’ or the ‘Basic Plan’ in the capacity of a ‘Free User’ (hereinafter ‘Free User’) and have the option to purchase a paid subscription of User’s choice.
If User chooses to purchase a paid subscription, User will be directed to the purchase page and have the option to select the services and duration for which User wishes to become a Subscribed User. Upon receipt of the payment in full by the Company, the user would become a Tentative Subscribed User. After the payment is complete, Tentative Subscribed User will receive a conﬁrmation email to the registered email address conﬁrming his/her plan details and credentials for accessing the Platform.
After successful completion of the payment process, every User may have to submit one valid identity and address proof issued by the Government of India as acceptable by Us. For User’s accessing the Platform from outside India who have not been issued such document by the Government of India, We reserve the right to ask for an alternative identity and address proof. Upon submission of the valid identity proof, We may conduct an identity verification process of each Tentative Subscribed User. As part of the identity verification process, we shall –

Collect, store, use and disclose the identification information provided by the Tentative Subscribed User only for the identity verification process as part of the access to subscription plan and in accordance with the Privacy Policy;
Encrypt the identification information provided by the Tentative Subscribed User on receipt and decrypt it at the time of verification. After the completion of the verification process, the identification information will be encrypted again and stored on Platform Servers;
Comply with all reasonable security practices and procedures to ensure the security of the identification information provided in accordance with the Privacy Policy.

Services of MAKITH

To avail the full range of course content offered as part of the Platform services, User will have to mandatorily be a Subscribed User meeting all the requirements set out in Clause 2.
The Services and amounts payable to access the Services may differ for different Subscribed Users and will be based on the course combination chosen by Subscribed User either at the time of enrolling as a Subscribed User or thereafter, based on the courses a Subscribed User adds through his/ her account.
In these Terms of Use, the term “Services” (hereinafter also referred to as ‘services’) shall mean and include without limitation, value created for the Subscribed User through consumption of services mediated by the Platforms and will exclude the free demo content that is accessible to all Users visiting the Platform. The foregoing meaning and scope of Services may be subject to change and the deﬁnition shall not in any way limit or restrict Our right to remove or add features to the Platform.
A User is enrolled to the free plan by default and have the option to purchase a subscription and become a Subscribed User.
User – Subscribed or otherwise – agrees that any Services provided by Us may be subject to change at Our discretion and We may add, remove, or modify offerings to its existing scope of Services at such fees as will be solely determined by Us.
We may, at Our discretion, revise the amount payable in respect of existing offerings forming part of the Services that may be made available to the User – Subscribed or otherwise.

Subscriber Account, Password and Security

To use the Platform and to avail Services by creating a User account, User may be required to submit his/her phone number and/or email address and choose a password which will be the only set of credentials basis which User will be granted access to the Platform and its Services. User is responsible for maintaining the confidentiality of password and other credentials to access the Services. If there is any compromise to User account, the said User can change their password using the ‘forgot password’ functionality available on the login page used to access the Platform.

Third Parties

We may use/integrate another third party’s platform on Our Platform. We may also use third party platforms to provide services to ourselves. In such event, User will be bound by such third party’s terms and conditions, privacy policy, and any other applicable policies.
Even though We review the content hosted as part of the Services on a best effort basis, We disclaim all warranties as regards the authenticity or correctness of information communicated to the User by the tutors and We do not guarantee that the tutor videos contain updated information on the subject matter.
The Platform may contain links to other apps or web pages owned by third parties (i.e. advertisers, afﬁliate partners, strategic partners, or others). Company shall not be responsible in any manner for the contents of these third-party websites and if you should choose to use the link to view the third-party websites, you choose to do so at your own risk. Company does not endorse the contents nor in any manner represent the accuracy or correctness of information on such third-party websites.
We shall not be responsible for any claims that may arise as a direct or indirect consequence of any third-party placing reliance and acting upon the information obtained as part of the Services or User(s)’s advice to a third-party basis the Study Material or tutorial videos or any other Services.
The tutorials are for personal training and for knowledge enhancement purposes only. We do not accept any responsibility to any party for the use of the Services provided and/or the contents of the Study materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by the User to any third party.

Payment Terms

Any payments made to Platform in respect of Services are subject to the payment terms of Company as will be notified to User once the User initiates the process to become a Subscribed User. The current existing payment schedule available to Subscribed Users are mentioned on the Platform.
The Fee including GST and any delivery charges payable in relation to delivery of Services, as applicable, will be shown prior to completion of the payment transaction.
In the unlikely event that, due to a technical error, the amount of the Fee displayed on the Platform is incorrect, Company will notify User as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Platform, MAKITH will contact User through your registered e-mail address and/or phone number to notify regarding the correct Fee. To avail all Services for the duration of Subscription, User may be required to remit any additional fees such that the correct Fee is paid by the User.
MAKITH hereby notifies the User that it uses third party payment gateway service providers to process payment made by User towards the Service subscription. It is hereby clarified that AL will not be responsible for any payment failures or errors occurring due to technical issues at the bank’s end or issues arising from the third party payment gateway and all such issues should be resolved directly between User and the banking or payment gateway partner concerned. The details of third party payment service providers shall be notified to the User in the payment terms.
The provision of offering the Services is contingent upon MAKITH having received cleared funds from User in respect of the Fee for the relevant Service subscription. Without prejudice to MAKITH rights and remedies under these Terms of Use, if any sum payable is not paid on or before the due date, MAKITH reserves the right, forthwith and at MAKITH sole discretion, to suspend User access to the Services and refuse entry to the subscription plan that the User intended to avail as part of the subscription to the Platform.
For Users accessing the Platform through Our app offerings on the App Store or the Play Store, please visit our Website to manage Your account. You may be additionally subject to the terms and conditions of the App Store or Play Store, as the case may be.

Disclaimer as regards Study Materials

The term ‘Study Materials’ ( ‘Study Materials’) as used in these Terms of Use include the offline lectures, videos, question bank, test series, notes, and any other learning material posted for the speciﬁc topics as well as other hard copy or electronic materials that may be made available from time to time. Study Materials, as a form of services, will be made available to a User, upon meeting all the conditions stipulated in these Terms of Use and becoming a Subscribed User.
We do not make any representation, guarantee or commitment to the User that the Study Materials offered either in the demo versions or as part of services to the Subscribed User will be error free.
The services and all accompanying Study Materials are only offered purely on “AS IS” basis.
The content will be constantly updated (via additions, modifications or removal) in terms of its numbers and the material without any prior notice to the User and at a sole discretion of MAKITH
We do not claim any guaranteed rank, mark, success/any kind of advantage with the use of the Platform.
We reserve the right to change and update the content in the Platform to represent the latest evidence and practices, with the changing times, needs and requirements. We reserve the right to constantly review, update and replace the content and features of all the Study Materials, including but not limited to Offline Lectures, Question Bank, Test Series, Videos and Notes, which would be carried out at our discretion. We do not guarantee that any content or features, of the previous versions, would be made available on the Platform in the latest version.
We reserve all right to engage a different faculty or tutor or change the current faculty or tutor at any given point of time without any prior notification to the User.

Online Subscription and Access Terms

Except as set out in the provisions of the subscription model available on the Platform, no additional Study Materials will be provided by MAKITH.
Upon receipt of a conﬁrmation e-mail from Us, the User will be notiﬁed when the User (only if you are a Subscribed User) has access to purchased services and for the length of time such access will be made available to the Subscribed User, subject however to Our absolute right to suspend or terminate access in accordance with these Terms of Use.
A tentative or confirmed subscription received is personal to Tentative or Subscribed User and he/she shall not transfer or share the right to access the Study Material or further sell the subscription or allow access to the subscription to any other person for consideration or otherwise. Such acts will be construed as contrary to These Terms of Use and in such a situation we reserve the right to suspend or terminate access to User account, with or without prior notice and solely at Our discretion.

(Offline + Online) Subscription and Access Terms

Except as set out in the provisions of the subscription model available on the Platform, no additional study materials will be provided by MAKITH.
Upon receipt of a conﬁrmation e-mail from Us, the User will be notiﬁed when he/she (only if you are a Subscribed User) have access to online purchased services as well as time table for the offline lectures, and for the length of time such access will be made available to the Subscribed User, subject however to Our absolute right to suspend or terminate access in accordance with these Terms of Use.
A tentative or confirmed subscription received is personal to Tentative or Subscribed User and he/she shall not transfer or share the right to access the Study Material or further sell the subscription or allow access to the subscription to any other person for consideration or otherwise. Such acts will be construed as contrary to These Terms of Use and in such a situation we reserve the right to suspend or terminate access to User account, with or without prior notice and solely at Our discretion.

System Requirements

Please note that it is Your responsibility to check that the computer or device You plan to use to access the subscription is compatible with the minimum speciﬁcation requirement that relates to the subscription You are opting for. You acknowledge and accept that We cannot be held responsible for any technical problems (including but not limited to playback of video content) with any systems, computers or devices You encounter following the commencement of the subscription.
Please find below the Minimum System Requirements for using our Platform:

(a) Android 5.1 - Non-rooted - DRM supported devices
(b) iOS 11 - Non-jailbroken

We recommend the Latest version of Chrome. Other browsers may or may not be supported.
Please find below the Minimum Internet Speed requirement for using our Platform:

(a) For Videos = 0.8Mbps
(b) For other Services = 0.2Mbps

Please find below the Recommended Internet Speed for using our Platform:

(a) For Videos = 0.8Mbps
(b) For other Services = 0.2Mbps

Please note that the above mentioned has been derived based on User experience and is not conclusive or a guarantee that if the above-mentioned criteria is fulfilled, the Platform would work in the like manner. Other unforeseeable circumstances too must be considered while using the services on the Platform.

Modifications to Subscription

We reserve the right to make modiﬁcations, enhancements or issue clariﬁcations (for example, clariﬁcation of doubt, interactive sessions) to the subscription, including but not limited to changes in Services, number of Services available, pricing and validity of Subscription duration.
When We make such changes, We may or may not notify the User of the same and the User will be bound by such modifications, enhancement, changes and amendments, as the case may be.
We have complete discretion to update the same with time, as We deem fit and cannot be changed by the User at any time.
We do not guarantee that the contents or features of the previous versions would be made available post the launch of the new edition.

Technical Support and Access

We do not warrant uninterrupted or error-free operation of the subscription.
We are not obliged to offer the User any technical support in relation to his/her subscription other than the speciﬁc support that has been included as part of the subscription plan which he/she has opted for.
You also accept and acknowledge that We cannot be held responsible for any delay or disruptions to your subscription as a result of such suspension or any of the following but not limited to:

the operation of the internet and the World Wide Web, including but not limited to viruses;
any firewall restrictions that have been placed on your network or the computer You are using to access the Services;
failures of telecommunications links and equipment;
updated browser issues;
DRM protocols preventing playback of media; or
not meeting standards any of the minimum system requirements as defined in Clause 10.

Disclaimer

We shall not be liable for any interference, virus, hacking, or any such consequence, caused by any network or internet service providers and failure of device manufacturers to support DRM protocols.
User acknowledges and agrees that the suggestions and recommendation provided by Us on the Platform, are only suggestions, and he/she may comply with them at his/her choice and option.
The Website, the Services, and any content or information therein are provided "as is" without warranty of any kind, either express or implied, including without limitation, any implied warranties regarding suitability of information for a particular purpose, or non- infringement. Company does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the content of the Website. Company does not warrant that the Website will operate in an uninterrupted or error-free manner or that the Website is free of viruses or other harmful components.
Without limiting the foregoing, the Company does not warrant that the content made available on the Website, your access to the Website, or your ability to upload, modify, update, transmit and/or receive the information from or through the Website will not experience outages or otherwise be uninterrupted, timely, secure or error-free.
You expressly release Company and where applicable its trustees, officers, employees, authorized representatives and agents and representatives from any cost, damage, liability or other consequence of any use of the Platform by You.
We will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any causes which is beyond Our reasonable control.
SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES’, OR ITS AGENTS’, PARTNERS, AND CONTRACTORS’, AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE AFORESAID SERVICES TO YOU, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY THE COMPANY FROM YOU, FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS. IN THE EVENT THAT YOU ARE NOT A SUBSCRIBED USER, THE COMPANY WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES.
In no event shall Company be liable to the User and any third party, for any loss of profits (anticipated or real), loss of reputation, loss of data, or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.
The Platform and Services are intended to be used within the jurisdiction of India only. Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You, nevertheless, all other provisions of these Terms remain in full force and effect.

Data protection

We will process the information that We receive from User or otherwise hold about the said User in accordance with these Terms of Use and the Privacy Policy. The User consents to the use by Us of such information in accordance with these Terms of Use and MAKITH Privacy Policy.
We are not responsible to the User for any data that he/she loses either (a) as a result of accessing the tutorial, or (b) as a result of accessing Study Materials, or (c) otherwise during the course of subscription. It is your responsibility to ensure that you regularly save and back up (i) all data which the User hold on the device from which user is are accessing the Services and (ii) all data that the User is inputting when completing a study module being offered.

MAKITH No Sharing Fair Usage Policy

An MAKITH account is meant to be used by only one User.
Sharing the MAKITH account credentials for both personal use or commercial purposes will result in account blockage without prior notice or warning. We reserve the right to do so.
We will track a number of parameters to assess and identify any form of sharing or unauthorized access.
If a violation of this policy is identiﬁed the same would amount to the substantial breach of the said Terms of Use and the Company would have all the rights to take any legal action as provided under the law of the land, including but not limited to termination/blocking your account permanently without any prior notice to you.

User Generated Content

User agrees that he/she shall not use the services or the Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store material that:

is in violation of any applicable law or regulation;
infringes any patent, copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
that belongs to another person and to which the user does not have any right;
is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
that is harmful to child;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
that impersonates another person or entity;
that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or MAKITH or the Company’s ability to deliver Services or otherwise; or
threatens the unity, integrity, defense, security or sovereignty of India and any other countries, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.

Termination or Suspension of Account for Illegalities or suspected Illegalities

If there is a suspicion of untoward or illegal activity, We may suspend your account immediately, or debar all future access by You to the Platform, or cancel your Subscription or take any action as you deem fit. The circumstances under which we may do so may include, but shall not be limited to, the following:

(a) If found suspicious (High/ Suspicious Activity)
(b) Usage of Rooted/ Jailbroken Devices, Emulators, ChromeCast, Android TV, Amazon Fire, Samsung Dex, Cloned APK's, Chrome books
c)TV/ Smart TV/ Apple TV or any other virtual machines.
(d) Screen Casting, Screen Recording, Screen Mirroring, Downloading Videos out of Platform,
(e) Using a camera, phone or any other device to record any Platform content
(f) Sharing MAKITH content in any form on Social Media or any other Network (including images, document, screen grabs or PDF's).
(g) Sharing MAKITH Accounts Credentials with anyone.
(h) Usage of Multiple Devices (Other than upto to Two Devices for Personal Use)
(i) Abusing or making any disparaging remarks regarding MAKITH and MAKITH Faculty.
(j) Selling or attempting to sell MAKITH Pro Accounts and contents on MAKITH

Preservation/Disclosure

You acknowledge, consent, and agree that MAKITH may access, preserve, and disclose User account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

comply with legal process nationally or internationally;
enforce this Terms of Use;
respond to claims that any content violates the rights of third-parties;
protect the rights, property, or personal safety of MAKITH its subscribers and the public;
or
pursuant to the terms of the Privacy Policy, reach the User for marketing or promotional purposes through any channel.

Proprietary and Intellectual Property Rights

All materials on Platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software, notes (soft and hard copies) Study Materials, and any and all other elements (collectively referred to as “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Us. The unauthorized copying, modiﬁcation, use or publication of the Material is strictly prohibited.
We provide You with a single limited license to use and access the Platform and Materials hosted as part of the subscribed Services on devices which We have permitted access at the time of Your subscription to the Services for the limited purpose of accessing the tutorial or associated Study Materials online. The license is speciﬁcally personal, revocable, non-commercial, non-transferable, and non-exclusive. All content on the Platform, which is including, but not limited to, designs, text, graphics, images, information, logos, button icons, software, audio or video ﬁles, any other offline lectures, and similar content are the exclusive and sole property of Us, the Company.
All material on the Platform, including images, illustrations, audio clips, video clips and third-party licensed images are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means, whether directly or indirectly and You must not assist any other person to do so.
You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited, and such actions will be considered as violation of the Terms of Use and will result in immediate account blockage or any such action the We deem fit.
At all times, We and/or Our licensors, remain the owner of the intellectual property in the tutorial, and the study materials. No Course and/or Study Materials nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of Us.
User shall not, directly or indirectly, cut, copy, duplicate, decompile, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any content, information, Material, software or any part of the Platform. 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.
You shall not either as a User, Tentative Subscribed User or as a Subscribed User, use the Platform to either directly or indirectly, either alone or with another third party disassemble, reverse engineer or decompile any part or whole of the Platform in order to get access or attempt to get access to the underlying software, source or proprietary technology which enables the Services or other functionalities of the Platform or do anything with an intent to create derivative works or competing platforms that provide same or similar services.
User shall not either directly or through other third parties take, duplicate, post, publish, transmit or otherwise make available any of the Study Material or video tutorials or record the offline lectures on any other medium. Furthermore, the User undertakes not to use, display, mirror or frame the Platform or any individual element within the Platform.
User shall not copy or record or make any attempt to copy or record part or whole of the Services or use the Services for further distribution in any mode so as to commercially beneﬁt or attempt to commercially benefit from the Material or engage in any form of piracy.
As part of anti-piracy efforts, any software deployed by the Company may contain security mechanisms intended to detect the illegal use or distribution of Materials and content on the Platform and collect and transmit data relating to such illegal copies to the Company.
User shall promptly report to Company any suspected counterfeiting, piracy or other intellectual property infringement in computer programs, software, or any Materials or content owned by the Company, its affiliates and/or licensors as soon as the User becomes aware of the same, and shall cooperate with the Company in the investigation of any party suspected of these activities.
Any violation of this clause shall amount to a material breach of the said Terms of Use and the Company shall have all the rights to take any legal action as provided under the law of the land. It is expressly acknowledged by the User that their liability in relation to such breach shall be unlimited.

Terms and Termination

This Agreement shall remain in full force and effect for so long as You, the User, use the Platform. You may terminate your subscription at any time, for any reason, by contacting the Support channels. We, however, do not offer any refunds because of Your termination or discontinuation of the Services. Any termination or Subscription modiﬁcations initiated by You is subject to the Company Policy.
We reserve the right to terminate, modify, edit, delete, suspend, or discontinue, temporarily or permanently, the Service or Platform (or any portion thereof) with or without notice, including for the reasons set out under these Terms of Use. You agree that we will not be liable to You or to any third party for any such termination, modiﬁcation, editing, deletion, suspension, or discontinuance. Without prejudice to the foregoing, Your account or Your access to the Platform maybe terminated immediately, with or without notice to You, and without liability to You, if We believe that You have breached any of covenants, conditions, restrictions or limitations contained in these Terms of Use or the Privacy Policy, or any false or misleading information, or interfered with use of the Platform by others.

Indemnity

The User agrees to defend, indemnify and hold Us harmless, Our subsidiaries, afﬁliates, subcontractors, ofﬁcers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:

Use of and access to the Platform;
Third-party claims who rely on User representations to them based on the information made available through Our services;
Violation of any conditions in the Terms of Use and the Privacy Policy; or
Violation of any third party right, including without limitation any copyright, property, or privacy right.

Additional Terms

This Agreement and any rights and licenses granted here under, may not be transferred or assigned by You, but may be assigned by Company without restriction.
Each provision in these Terms of Use shall be construed separately as between the User and Us. If any part of these Terms of Use is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted, such provision shall apply but with such modiﬁcation as may be necessary to make it valid and effective.
These Terms of Use together with the Privacy Policy, Payment Terms as well as subscription details such as pricing tables and any other legal notices and disclaimers published by MAKITH on the Platform, shall constitute the entire agreement between User and Us concerning the Platform and governs your use of the Service and use of the Platform, superseding any prior agreements between User and Us with respect to the subject matter covered in these Terms of Use.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reﬂected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Durgapur, West Bengal.
For any grievances or disputes you may want to report, please contact Ajay Pathak, info@makith.com. We shall allot you a ticket number through which you can track the status of your complaint.

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