IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These Top Grader Terms of Use ("Terms of Use") apply to the web sites, mobile apps, applications and other interactive features or services that post a link to these Terms of Use (each, a "Service" and collectively, the "Services" or "Top Grader Websites"). Top Grader Tutoring Services Pvt Ltd and our subsidiaries are referred to collectively in these Terms of Use as "Top Grader" "Top Grader Websites," "we" or "our." "You," "your" and "user" refer to any person or entity using the Services.

These Terms of Use govern your use of the Services, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through our Services, or through any third-party website that links to them ("Linked Services"), and regardless of whether you are a registered user or a guest. By using the Services, you agree to the Terms of Use. If you do not agree to the Terms of Use, you are not authorized to use the Services and you must cease all such use immediately.

  • To use the Top Grader Services, you will need to register on the www.topgrader.online website, pay any applicable fees, and obtain an account, and password. You are solely responsible for maintaining the confidentiality of your account(s)/password(s) and for all activities and liabilities associated with or occurring under your account(s), and password(s). You agree to provide true and accurate personal data during registration and account creation and it is your responsibility to keep it current and updated. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your membership or any membership rights.
  • At times you may not always get a tutor and/or tutoring session at your preferred time because of non-availability of tutors or due to other technological/operational issues. Top Grader may try to communicate the reason of non-availability of your session to you either by email, phone, Top grader website or any other means necessary.
  • Tutoring sessions are not transferrable from one customer to another even within the same family. Rescheduling/Cancellation of a session should be done only through the Top Grader website after logging in to your account.
  • Rescheduling/ Cancellation: Top Grader allows rescheduling or cancellation of classes. Scheduled time is the date and time for which you book your class(s) after logging into your account on the Top Grader website. You agree to follow the rescheduling and cancellation rules or conditions mentioned on the Top Grader website. Top Grader reserves the right to modify or remove the rescheduling and cancellation conditions at any time, without prior notice to you.
  • Top Grader uses many proprietary and licensed third-party technologies, products, and services. As these products and services do not belong to Top Grader, it cannot guarantee the uptime of these products. There is possibility that these products at times may malfunction/stop functioning and Top Grader may not be able to provide its services to you.
  • The proprietary and licensed third-party technologies and products are provided for free to customers who create an account on www.topgrader.online and buy the tutoring sessions but the customer will be responsible for all cost associated with accessing the service, internet, telephony, and cost associated with maintaining the phone, computer or any other hardware equipment required for access to services provided by Top Grader.
  • Top Grader will place a small text file (Cookie) on any computer from which you access the Top Grader Web site. This will be used to identify the user during your session.
  • You are solely responsible for maintaining the confidentiality of your account and password. You should notify Top Grader immediately if you feel that your account information has been compromised.
  • Top Grader reserves the right to change prices without any advance notification and to periodically offer promotions not available to all customers.
  • Top Grader reserves the right to refuse refund for classes paid for by the customers.
  • Under no circumstances shall Top Grader, its shareholders, Directors or any employees be held liable for any loss or damage caused by your reliance on information obtained through the Top Grader Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Top Grader Web site.
  • Top Grader reserves the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Acceptable Use Policy

You are solely responsible for the User Content you submit, through or in connection with our Services, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload or otherwise provide User Content via the Services, you agree to comply with the following Community Usage Rules. In addition to removing such prohibited materials, Top Grader may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.

Prohibited User Content includes, but is not limited to, material that Top Grader determines:

  1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;
  4. posts information that poses or creates a privacy or security risk to any person;
  5. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  6. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
  9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
  10. involves commercial activities and/or sales without prior written consent from Top Grader such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  11. includes a photograph or video of another person that you have posted without that person's consent;
  12. violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.

Prohibited activities include, without limitation:

  1. unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;
  2. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;
  3. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  4. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Services;
  5. covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Top Grader page via HTML/CSS or any other means;
  6. any automated use of the Services, such as, but not limited to, using scripts to send messages or posts;
  7. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
  8. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the use of the Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by Top Grader, or sending messages with a commercial purpose;
  9. activity unrelated or disruptive to the Services, such as intentionally distributing the wrong solutions to problems, submissions that force browsers to scroll horizontally, large blank or content-free submissions, "Bumping" multiple older topics (posting in them well after the last post), posting multiple identical or near-identical messages or topics, including "fad" topics, hard-to-read topic titles (e.g., ALL CAPS, AlTeRnAtEcApS, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics; or
  10. using the Services in a manner inconsistent with any applicable law.
  • You agree to indemnify, defend and hold harmless Top Grader, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including Top Grader’s affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to www.topgrader.online or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
  • These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of India applicable to contracts executed and performed entirely therein, and the courts in Lucknow, Uttar Pradesh shall have exclusive jurisdiction.
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