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While we take all efforts to provide you satisfactory service, if you still feel you would need a refund for your service, we will process it as per terms below ·
You will not be eligible for a refund in tutoring where you have used more than 10% of the number of sessions purchased and used the session more than 2 mimes from the start of using your services ·
Any store credit in your account due to promotions like rewards points from a2sir.com will not be refunded in cash. They can only be used against usage of services on CONKER APP. Any terms specific to such accrual of store credit or reward points or any such promotions will be guided by the terms applicable to those offers.
· CONKER APP is intended to provide you with guidance on understanding your assignment. No refund will be given for reasons that channel subscribers have not increased.
· Any request for refund of fees paid to CONKER APP has to be made within 4 days from the delivery date of service, product, order, assignment or tutoring. No customer will be eligible for a refund of fees after 4 days from the delivery date of service, product, order, assignment or tutoring.
1. Privacy Policy is part of and incorporated into these Terms.
2. Purchase, Payment and Billing
· When you purchase a course from CONKER APP, the terms and conditions of the package purchased apply to you.
· a2sir.com accepts the following forms of payment: Visa, MasterCard, HDFC payment gateway. We reserve the right to add or remove any payment options without notice or assigning a reason.
· All payments are made upfront for usage of services on CONKER APP. (Please do not email us your credit card number at any time for a purchase, as email is not secure and your credit card number could be intercepted by third parties who read your email as it travels through the Internet from your computer to our computers.). We do not use auto renewal or such features that charge your card automatically as in subscription models. You would need to purchase each time a service package that you have purchased is consumed or expired.
3. Disclaimer of Warranties While we'll always do our best to make this Site fun, safe and easy, please be aware that you're using it at your own risk!
THE SITE IS PROVIDED BY CONKER APP ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (EITHER EXPRESS OR IMPLIED) including implied warranties of merchantability, fitness for a particular purpose, implied warranties of title, non-infringement AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE.
· Instructors. Although we require all users who want to offer Courses through the Site to complete an application and pre-screening process (including background checks where applicable), No information located on the Site should be interpreted as financial or investment, medical or health, or legal advice or interpreted to create any kind of financial advisor-client, doctor-patient, or attorney-client relationship between you and an Instructor.
· Content. We have no control over and are not responsible for the quality, accuracy, legality or reliability of any information or services made on or through this Site by any user. Any statements, services or Content posted by users are those of the respective users and NOT of CONKER APP. We do not endorse any Content on or linked from the Site from any user and make no warranties on behalf of any user. Some links on the Site lead to websites controlled by independent third parties. We are not responsible or liable for your use of or access to such third party websites. We do not intend any link from our Site to any user or third-party Content to be referrals or endorsements of the linked user or third party or any product or services of the linked user or third party.
· SiteWe control and operate the Site from our headquarters in Bangalore and make no representation that the Site is appropriate or available for use in other locations. We neither guarantee secure or timely access and operation of the Site nor guarantee that your use will be uninterrupted, virus-free, and error-free. We urge you to keep backup copies of your Content and other material that you maintain on or use with the Site. We are not responsible or liable for loss of your Content or other material.
4. General Release and Indemnification
If you have a dispute with one or more users, you release us and our affiliates (and our officers, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree that you will indemnify and hold harmless CONKER APP and our affiliates (and their respective employees, officers, directors, agents, and representatives) from and against any and all claims or demands instituted by a third party, arising out of or related to your use of the Site, breach of these Terms or your violation of any law or the rights of a third party, including all costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees).
5. Limitation of Liability; You will not hold CONKER APP responsible for other user's actions or inactions, including Content they post. IN NO EVENT WILL A2 Motivation OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (EVEN IF A2 Motivation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF OR INABILITY TO ACCESS OR USE THE SITE, (B) ANY TRANSACTIONS YOU ENTERED INTO THROUGH THE SITE, (C) ANY GOODS OR SERVICES YOU SOLD OR PURCHASED THROUGH THE SITE, (D) ANY OF YOUR DECISIONS BASED UPON OR THE RESULTS OBTAINED FROM THE INFORMATION ON THE SITE, AND (E) ANY COMMUNICATIONS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
6. Copyright Infringement; Designated Agent We do not have any “digital rights management” or other security technology features to restrict someone else from copying and redistributing your Content.
We respect the intellectual property rights of others and request that all of our users do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
· The electronic or physical signature of the owner of the copyright (or authorized representative);
· Identification of the copyrighted work that you claim has been infringed;
· identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (for example, by providing a URL to the material);
· your name, address, telephone number, and email address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf. Our designated agent to receive notification of claimed infringement may be reached at: CONKER APP
ATTN: Copyright Agent
Email: ajofficial8681@ gmail.com
It is our policy to terminate in appropriate circumstances any Account for repeated infringement of intellectual property rights and we also reserve the right to terminate any Account for even one instance of infringement.
7. Changes and Modifications to the Terms (including the Privacy Policy and Cancellation Policy)
We have the right to update or change these Terms (including the Privacy Policy and Cancellation Policy) at any time and for whatever reason. We will send an email to all registered users and prominently post on the Site the specific material changes to these Terms at least thirty (30) days before such changes take effect.
You are responsible for updating your personal information on your Account to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is either invalid or for any other reason incapable of delivering to you the notice described above, our dispatch of the e-mail containing such notice and prominent posting of the changes on the Site will nonetheless constitute effective notice of the amendment described in the notice. After we have provided notice of material changes to the Terms, we will provide you with the opportunity to confirm your agreement to such changes upon your next log in to your Account. You may choose not to agree to such Terms; however, in such event we may choose to deactivate your Account
8. Modifications to the Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (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 modification, suspension, or discontinuance of the Site.
9. Communication Preferences, Opt-In, and Opt-Out Choices
By accepting our Terms and Conditions your account will Opt-in to marketing e-mails. You have a choice to give or not to give us your consent to use your personal information for marketing purposes and to send you marketing e-mail. When you choose to opt out," you decline to give us your consent (a) to disclose your personal information with our corporate affiliates or corporate partners for their marketing purposes, and (b) to receive marketing communications or promotional materials via email from us, any corporate affiliates, or corporate partners. You can exercise and change your opt-out choices in the following way.
· After registration, by accessing your Account settings, or by following the "unsubscribe" directions provided in the marketing email sent to you. If you choose to "opt out", it may take up to ten (10) days after you "opt out" for your election to be fully effective. Our systems require time to update and promotional mailings using personal information shared before you elected to opt out may already be in process. Thus, your personal information might continue to be shared with our corporate affiliates and corporate partners and you might continue to receive promotional materials from CONKER APP, our corporate affiliates and corporate partners for up to ten (10) business days after you have changed your opt-out election.
10. Termination of Terms
You agree that we may suspend or block your access to the Site, terminate these Terms or terminate your Account at any time and at our sole discretion, with or without cause or any notice to you. If applicable law requires us to provide notice of termination or cancellation, we may give notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after these Terms terminate, your use will constitute your agreement to the Terms then posted on the Site. You may also terminate your Account and discontinue your use of the Site at any time. These Terms (and all other terms and policies incorporated herein) will continue to apply to all of your past usage of the Site even if you are no longer using the Site. The provisions entitled "Ownership of Rights to Content," "Copyright License Grant," "General Release and Indemnification," "Disclaimer of Warranties," "Limitation of Liability," and "Privacy" will survive the termination of these Terms.
11. Notices
Notices To You
All notices from us will be sent to you by e-mail, by posting on the Site or by postal mail. We will send notices to you at the e-mail address or physical mailing address maintained in our records for you. You must monitor your e-mail messages frequently to ensure awareness of any notices sent by us.
Notices To Us
You can send notices to us (involving anything other than copyright infringement and privacy issues) only through postal mail to the following address:
CONKER APP
ATTN: Customer Service
email: ajofficial8681@gmail.com
12. Governing Law;
Dispute Resolution
The Site is arranged, sponsored, or managed by CONKER APP in the state of Karnataka, India. The laws of the state of Karnataka govern these Terms, without giving effect to any principles of conflicts of laws that would result in the application of the laws of a different jurisdiction. If a dispute arises between you and A2 Motivation, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and A2 Motivation agree that any claim or controversy at law or equity that arises out of these Terms or our services (a "Claim") will be resolved in accordance with one of the subsections below or as otherwise agreed to in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution through our Customer Support.
Law and Forum for Disputes
For any claim or dispute against CONKER APP where the total amount of the award sought is more than Rs.5,000, you agree that it must be resolved by a court located in Bangalore, Karnataka, India. You agree to irrevocably and unconditionally submit to the personal jurisdiction of the courts located within Bangalore, Karnataka, India for the purpose of litigating all such claims or disputes. To the extent you have in any manner violated or threatened to violate A2 Motivation's intellectual property rights, you agree that we may seek injunctive or other appropriate relief in any state or federal court in the state of West Bengal, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is RS.5,000 or less, you agree to submit such claim to confidential arbitration in Bangalore, Karnataka, India. There shall be one arbitrator that shall be appointed pursuant to Arbitration and conciliation act 1996 procedure within 15 business days of receipt of the demand for arbitration by the respondent(s) in any such proceeding. The arbitration decision or award shall be in writing and shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
13. General Provisions
No Assignment.
These Terms are personal to you. You may not transfer, assign or delegate them to anyone at any time. Any attempt by you to assign, transfer or delegate these Terms will be null and void. We shall have the right to transfer, assign and/or delegate these Terms without your permission.
Entire Agreement.
These Terms, incorporated herein by reference, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof
No Agency; Third-Party Beneficiary.
We are not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms is intended or shall be construed to give to any other person any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms are intended to be and are for the sole and exclusive benefit of CONKER APP and you.
Severability.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
No Waiver.
We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy by us will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of CONKER APP's right to subsequently enforce such provision or any other provisions of these Terms.
14. Legal Notices Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms.
14. Newsletter
· By agreeing to submit your work to CONKER APP newsletter, you signify your agreement to A2 Motivation's terms and conditions
· You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to CONKER APP all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
· You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant CONKER APP all of the license rights granted herein.
· For clarity, you retain all of your ownership rights in your Content.
However, by submitting Content to CONKER APP, you hereby grant A2 Motivation a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and A2 Motivation's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that A2 Motivation may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
CONKER APP WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY CONKER APP TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE A2 Motivation PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY A2 Motivation, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO A2 Motivation COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE INFORMATION TECHNOLOGY ACT OF 2000 ) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
TRADEMARK NOTICE
The trademarks CONKER APP and all other trademarks or service marks used in the Site are owned or used under permission from their respective owners by A2 Motivation and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks or service marks. You may not use any of the trademarks or service marks displayed on this Site or in any Course without prior written consent from their respective owners.
COPYRIGHT NOTICE © 2021 CONKER APP All rights reserved.
All Content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent or the consent of the licensors of such Content. Modification or use of the materials for any other purpose may violate intellectual property rights.