Terms And Condition

Introduction

www.getbuddy.com is an online portal, owned by Get Buddy Online Service Private Limited, a private limited company incorporated in India, for imparting education in relation to preparation of entrance exams for colleges and institutions in India through digital modules.

Registration and Acceptance

The terms and conditions, obligations, representations, warranties and agreements contained herein (“Terms”) govern your participation as a user of www.getbuddy.com. (WebSite) / GetBuddy Mobile App You will be deemed to have accepted the Terms if you view or use in any manner any content, information, courseware, products and services ("Services") provided or available on www.getbuddy.com (the "Website"), which is owned and maintained by Get Buddy Online Private Limited ("Us", "We" or "Our").

You may be asked to register using your Facebook account (or) Google Account.

If You are under the age of 18 (Eighteen), it is mandatory that your parent or guardian has read and accepted the Terms on your behalf before using the Website / Mobile App.

Content

As a part of our Services offered through our Website and Mobile App, We shall grant you access to our content, courseware, practice tests, and other information, data which may be in audio/video, written, graphic, recorded, and photographic or any machine-readable format in relation to signup process done by you ("Domains & Subjects").

We reserve the right to amend or update the Domains & Subjects offered to You. In the event of such amendment or updation occurs, We may require you to pay an additional amount as fee to access such amended or updated Content.

Grant of License

We grant you a personal, restricted, non-transferable, non-exclusive and revocable license to use the Services and the Content offered through the Website/ Mobile App for a limited time period i.e. 1 Year from the date of purchase of subscription of the relevant package. The Services and the Content are provided solely for your personal and non-commercial use ("Restricted Purpose"). You may not use, download, save or print the Content for commercial use without written permission.

The Services are personal to You and You may not assign your rights and obligations under the Terms to any person. You are not permitted to reproduce, distribute, sub-license, disseminate or prepare derivative works of the Content, or any part thereof, in any manner or means, without Our prior written consent.

Ownership of Content & Intellectual Property Rights

You are granted a limited and non-exclusive right to use the Website / Mobile Apps, the Services and the Content for the Restricted Purpose as aforesaid. You acknowledge and agree that We are the sole and exclusive owner of the Website / Mobile Apps, the Services and the Content and hence are vested with all intellectual property rights and other proprietary rights in relation thereto, and no right, title or interest of a proprietary or any other nature in the Website / Mobile Apps, the Services or the Content is conveyed or granted other than permitting You to use the Website / Mobile Apps, the Services and the Content for the Restricted Purpose.

We are the owner and/or the licensee of all the trademarks, logos or other intellectual property on the Website / Mobile Apps.

Notification of Copyright Infringement

GetBuddy will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights of others. We will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or in connection with the Services or Materials, please provide notification of claimed copyright infringement to contact@getbuddy.com.

Disclaimer

Our content is created by experts and goes through strict quality checks. The Website / Mobile Apps are available to users, including you, on an “as is” basis, without any warranties as to accuracy, fitness for use for a particular purpose, merchantability, freedom from any errors, defects or non-infringement, and the Company does not makes any warranties that the Website / Mobile Apps shall always be running and free of downtime, or that it shall be error-free, or any representations regarding the availability and performance of its Website or any of the websites or Mobile Apps to which links maybe provided in the Website / Mobile Apps.

Our site/ App may be temporarily unavailable at any point of time due to maintenance, up-gradation or any other reason.

We reserve the right to modify without prior notice and in Our sole discretion to refuse Service to any person. We reserve the right to accept or reject registrations on getbuddy.com / GetBuddy Mobile App’s. We reserve the right to change prices for all our Services, offers or deals.

Cancellation and Refund Policy

All purchases and payments made will be final and non-refundable, except where explicitly it is stated as part of an ongoing marketing promotion. Users can evaluate the Services through the free trial content provided on the Website / Mobile Apps.

All packages are valid for 1 (One) year from date of purchase. No refund will be given if you wish to discontinue the Services before the end of 1 (One) year.

All refunds, if eligible, will be processed within 14 (Fourteen) business days of receiving cancellation request.

Privacy

We request Facebook, Google for your public profile, name, email id and list of friends.

We use cookies to store and gather certain data to enable a smoother user experience. Our Privacy Policy explains how such information may be collected and used. Your data on Facebook.com is governed by Facebook's privacy policy as well Your data on Google. com is governed by Google’s privacy policy.

Applicable Law and Jurisdiction

These Terms are governed by the laws of India and You agree that the courts of Vishakhapatnam will have exclusive jurisdiction over any dispute (contractual or non-contractual) concerning these Terms.

Payment

While availing any of the payment method/s available on the Website / Mobile App, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  1. Lack of authorization for any transaction/s, or

  2. Exceeding the preset limit mutually agreed by You and between "payment gateways", or

  3. Any payment issues arising out of the transaction, or

  4. Decline of transaction for any other reason/s

All payments made against the purchases/services on Website / Mobile App by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website / Mobile App willnot facilitate transaction with respect to any other form of currency with respect to the purchases made on Website / Mobile App.

Further:

1. Transactions, Transaction Price and all commercial terms such as Availability, Accessibility, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render GetBuddy liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Getbuddy's Website/ Mobile App.

2. You have specifically authorized GetBuddy or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically to and from other Users in respect of transactions through Payment Facility. Your relationship with GetBuddy is on a principal to principal basis and by accepting these Terms of Use you agree that Getbuddy is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Getbuddy's Website that are paid for by using the Payment Facility. Getbuddy does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.

3. You understand, accept and agree that the payment facility provided by Getbuddy is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment. Further, by providing Payment Facility, Getbuddy is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility for Buyers:

  • You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing payment gateway to the Seller using Payment Facility.

  • You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

  • You, as a Buyer, shall electronically notify Payment Facility using the appropriate Getbuddy Website / Mobile App features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of availability or non accessibility within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction.

  • You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery of the service / product within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website/ Mobile App features within the stipulated time than this would make You ineligible for a refund.

  • You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.

  • The refund, if any, shall be made at the same Issuing payment gateway from where Transaction Price was received.

  • Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

  • For electronics payments, refund shall be made through payment facility using payment gateways services provided by Getbuddy.

  • Refund shall be conditional and shall be with recourse available to Getbuddy in case of any misuse by Buyer.

  • Refund shall be subject to Buyer complying with Policies.

4. Getbuddy reserves the right to impose limits on the number of Transactions or Transaction Price which Getbuddy may receive from on an individual payment gateways through wallet services / and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

5. Getbuddy reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Getbuddy or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

6. Getbuddy may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Getbuddy deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Getbuddy may hold Transaction Price and Getbuddy may not inform Seller to Dispatcher remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

7. The Buyer and Seller acknowledge that Getbuddy will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Getbuddy.

Compliance with Laws:

8. Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Getbuddy Website.

Indemnity

You agree to indemnify and hold the Company and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

Advertisements and Promotions

GetBuddy may run advertisements and promotions from third parties via the Site / App, Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that GetBuddy is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-GetBuddy advertisers on the Site or in connection with the Services or Materials.

Limitation of Liability

You expressly agree that use of the Website / Mobile App, the Services and the Content is at your sole risk. We do not warrant that the Website / Mobile App, the Services or access to the Content will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website / Mobile App, the Services or the Content or as to the accuracy or reliability of any information provided through the Website/ Mobile App, the Services or the Content. We do not guarantee any particular outcome regarding the results of the users during the entrance exams.

In no event will we or our affiliates will be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Website / Mobile App, the Services or the Content. You agree that Our liability or the liability of Our affiliates, directors, officers, employees, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Courseware shall not exceed the fee You paid to Us for the particular/relevant package.

Revision of Terms

Information on the Website/ Mobile App including the Terms is subject to change at Our discretion at any time, without any prior notice or obligation to notify You.