TERMS & CONDITIONS

PLEASE READ THE BELOW TERMS AND CONDITIONS CAREFULLY

This AGREEMENT is a legal agreement between you (Herein referred to as “client” or “user” or “you”, or “Users” or “Institution” or “Tutors” or “Teachers”) and rank2top.com (Herein referred to as “rank2top” or “IOTtech Education” or “our” or “company” or “we”), and Websites/ ERPs/ Mobile Apps (Herein referred to as “software” or “service”) is made effective as of the date of electronic/ manual acceptance of the Services of rank2top ERP/Website/ Mobile APP by you. The ownership and copyright of products of rank2top are with only rank2top. You must reject this agreement and stop using the service if you do not agree to these terms and conditions. The use of this service constitutes that you completely agree with the following terms and conditions. By using this website/ ERP/ Mobile APP Services, you agree that the agreement of the terms and condition and the relationship between the user and the service provider will be governed by the laws of the India without any conflict with legal principles and international conventions. The exclusive jurisdiction for any dispute between the parties is the High Court of Delhi, India. You agree to provide your full legal name, physical address, valid email id and any other information we may need to complete the process of providing the service of website/ ERP/ Mobile APP. You are responsible for all activities performed on the service using your account and rank2top will not be responsible for any activity of this type. Through this Terms and Conditions Agreement, you agree not to use the service for illegal or unauthorized purposes. These terms and conditions bind you not to harass, threaten and abuse the service provider or any of its staff, affiliates, and subsidiaries in any way. We may but have no obligation to remove, suspend or terminate accounts in our sole discretion that we find are unlawful and producing content that is offensive, threatening, libellous, defamatory, pornographic or otherwise objectionable or violates any party’s intellectual property rights or these terms and conditions. These terms and conditions include Privacy Policy; Cookies Policy; Intellectual Property Policy; Tutors’ Terms and Conditions; Students Terms and conditions; Pricing Policy; Business Partner Policy and Refund Policy.

By using this website/ ERP/ Mobile APP provided by rank2top you are deemed to have read and agreed to the following terms and conditions:

PRIVACY STATEMENT

We are committed to protecting your privacy as per Sensitive personal data or information of a person as defined in the Rules applied in India as personal information which consists of information relating to Passwords; Financial information such as bank account or credit card or debit card or other payment instrument details; Physical, physiological and mental health condition; Sexual orientation; Medical records and history; Biometric information. Authorized employees within the company on a need to know basis only can use any information collected from your Users. We constantly review our systems and data to ensure the best possible service to users. The users are subjected to government laws that are created specifically for offences and unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website/ ERP/ Mobile APP.

CONFIDENTIALITY

Users have the right to request sight of, and copies of any and all records we keep, on the provision that we are given reasonable notice of such a request. Users are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue users with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. Any information concerning the users or students or teachers or tutors records and database may be passed to third parties with a prior approval from the Users. However, parents and teachers from the database can be contacted by rank2top to provide any assistance with any of the products and services offered by rank2top. Database can be shared with appropriate Govt. authorities in case of any legal or statutory requirements without the prior consent of the Users.

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DISCLAIMER/ EXCLUSIONS AND LIMITATIONS

The information on this website/ ERP/ Mobile APP / ERP/ Mobile APP is provided on an "as is" basis. To the fullest extent permitted by law. rank2top:

  • Excludes all representations and warranties relating to this website/ ERP/ Mobile APP / ERP/ Mobile APP and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website/ ERP/ Mobile APP / ERP/ Mobile APP and/or the Company's literature; and
  • Excludes all liability for damages arising out of or in connection with your use of this website/ ERP/ Mobile APP. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable in the normal course of things or you have advised this Company of the possibility of such potential loss, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
  • Does not take responsibility for any leakage of information, content or images due to hacking and malware activities performed by parties or people outside the company.
  • Does not take responsibility for any leakage of information, content or images by your Users/ institution as a security obligation, you are responsible for the protection of your account and passwords to use the service. We, the service providers, cannot and will not be responsible for any loss, damage or theft that results from your breach of the security obligation.

COOKIES & LOG FILES

We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis and user trends. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Like most interactive web sites this Company's website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners and programs may also use cookies.

LINKS TO THIS WEBSITE/ ERP/ MOBILE APP

You may not create a link to any page or content of this website/ ERP/ Mobile APP without our prior written consent. If you do create a link to a page or content of this website/ ERP/ Mobile APP you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website/ ERP/ Mobile APP by linking to it.

LINKS FROM THIS WEBSITE/ ERP/ MOBILE APP

We do not monitor or review the content of other party's website/ ERP/ Mobile APP which are linked to this website/ ERP/ Mobile APP. Opinions expressed or material appearing on such website/ ERP/ Mobile APPs are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

COPYRIGHT NOTICE

Copyright and other relevant intellectual property rights exist on all text relating to the Company's services and the full content of this website/ ERP/ Mobile APP. BY using services you agree not to violate the laws of your jurisdiction, including intellectual property rights and copyright laws.

SCOPE

This website/ ERP/ Mobile APP is a platform which helps to facilitate various services of rank2top to provide education online and improve the performance of students on payment as decided by the company. Every video course or live classes are available at the cost decided by rank2top. Some courses may be available at free of cost.

USER REGISTRATION

Users need to register with rank2top portal before using services. Users need to provide accurate and proper updated information at the time of registration. Users will provide the complete desired data for updating only if company agrees to do so. Always choose strong password for login and user will be responsible for maintaining the confidentiality of their password.

COMMUNICATION

We have different e-mail addresses for different queries. These, & other contact information, can be found on our Contact. Use link on our website/ ERP/ Mobile APP or via Company literature or via the Company's stated telephone for communication. Users can register their problems related to software by complaint management system available on the website rank2top.com. After taking rectification measures communication are made. Users are also communicated about the way to use website, ERP and APP and other facilities provided by the rank2top.

PRICING

The pricing of courses are based on the pricing policy of courses of rank2top. Prices may vary according to platform of web, mobile & TV applications and charges levied by the platform providers. Some of the courses are provided on discount according to occasion or time limit or conditions. As such, prices may vary on different time, occasion and conditions. For different countries prices are based on exchange rates applicable, therefore, rates may vary. Levy of taxes may vary according to country, which will be shown at the time of check out and rates may be inclusive or exclusive of tax. We run promotional campaign and advertisement regularly for sale of the courses and inform potential user about the discounts.

PAYMENT TERMS

The Service is billed in advance on yearly/six monthly/ quarterly/ basis period specified therein. You agree to pay the fees for new courses and renewal that you subscribe for specified period, and you authorize us to charge your registered debit or credit card or process other means of payment (such as Boleto, SEPA, direct debit, or mobile wallet). Fees will be charged on record unless rank2top is notified of a change or cancellation in writing using the tools or means made available by rank2top Fee payment is charged with the help of third party payment processing partners, which provide secured payment processing. You agree to the condition that you will not use an invalid or unauthorized payment method. In case courses are accessible despite failure of payment you agree to make payment within 5 days. Failure of which will lead to suspension of the account till payment of fee. We reserve the right to disable access to any course for which we have not received adequate payment. Please go through the privacy policy.

All bills are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, if applicable. When you make a payment, you agree to use a valid payment method. If you aren’t happy with your course, Rank2Top offers a 30-day refund or credit for most course purchases. Paying the fee for course makes you agree to use a valid payment method and responsible till credit is made to company’s account.

If you aren’t satisfied with your course, rank2top offers a 10-day refund or credit for most course purchased and subject to condition that tutor is agree to refund the amount. No refund will be made after 10 days guarantee time. However, if a purchased course is disabled by us due to legal or policy reasons, you are entitled to a refund beyond this 10-day limit. We reserve the right to give refund as a refund credit or a refund to your bank account, at our discretion, depending on capabilities of our payment processing partners. Refund credit may expire to no cash value if not used within the specified period. If it is found that refund policy has been misused by using significant portion of a course, we reserve the right to deny refund in full or partial, ban your account and restrict all future use of the service. If your account is banned you will not be able to receive any refund of the courses subscribed. Refunds or credits are subject to refund policy.

COURSE ENROLLMENT & ACCESS

All the courses and their contents are owned by the Tutors, where no assistance in creation of course is provided by the rank2top. Where Assistance is provided the course is owned jointly by the Tutors and rank2top. Publishing the courses on rank2top.com gives license to rank2top to sublicense the course for limited period to the subscriber on payment of fee or free as agreed upon. rank2top reserves the right to remove any course any time from the platform. In no circumstances removal of course owned by tutors is allowed to tutors except it is on unsubscribed condition. If course has been subscribed it will not be allowed to be removed. Tutors are not allowed to subscribe the students directly. In such cases tutors will be barred to use this platform. We reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons. If the courses are found in violation of copyright complaint and / or of legal guidelines, those will be removed and students will be offered similar courses available on the platform. Translation captions of courses, teaching assistance and Q&A service may be disabled by the tutors any time.

On subscribing of course specified period, you are authorised to use course contents for your own use only for the specified period. Some contents can be allowed for download subject to terms conditions related to course. Any transfer or resell of contents is prohibited unless it is allowed. As a student you will have license to access courses and related articles as detailed therein after enrolment on subscribing of paid or free course. It is clarified that courses are subscribed for the limited period access and to be construed as transfer of ownership of course. In other words it is not sale of the course. The license does not authorise to resell or redistribute the courses, whether it is on payment or free. The license does not authorize to share account credentials to any other persons for use of the course. Any loss to company on this account will be recoverable from the person involved in the misdoing. It is non-exclusive, non-transferable subscriber’s license to access, view and learn the courses and related contents on payment of fees for specified period, solely for your personal, non-commercial, educational purposes in accordance with terms, conditions and restrictions associated with courses. All other uses are expressly prohibited. You are also prohibited to reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course and related contents including contents accessed via API unless explicit permission to do so is granted by rank2top. This also applies to content you can access via any of our APIs.

RIGHT TO USE AND LIMITATION

Rank2top provides platforms for tutors to teach and students to learn and is open for everyone to create and publish courses and contents at their risk. Rank2top is not responsible for your courses, contents and comments are found unlawful. Rank2top allows to use this platform only for lawful purposes. Users are responsible for the legality of contents uploaded on our platforms according to your country and the country where these are meant to be used. You have to ensure that contents uploaded should not violate copyright & Intellectual property right. We reserve the right to ban any such content. In case you find someone has violated your copyright or intellectual property rights in our platform, please inform immediately with prove. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you as ignorance is not an excuse as per the law. You agree to the condition that you will not anything encrypted or unencrypted, which violates the law of the land where our platform is used.

As tutor you are allowed to communicate regarding the course on rank2top platform only and not allowed to convey contact number, email or address etc. which are harmful or causes loss to the company. In such case your services will be suspended with immediate effect or as deemed fit. You will be served a notice for the content or behaviour or both for clarification on account of violation of law or the right of others or being unlawful, inappropriate, or objectionable. The right to use of our platforms may be terminated or suspended or banned any time, with or without notice, for any or no reason, including for any violation of these terms and conditions, Non-payment fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or engagement in fraudulent or illegal activities, or for any other reason in our sole discretion. After termination or suspension of your account your content may still be available on the platforms. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

We do not review or edit the courses or other related contents for legal compliance as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses. Enrolment to the course based on the information provided by an tutor is at your own risk. As student you can ask questions to the tutor related to course you have subscribed and post reviews. In specified courses users will be required to submit homework or to apply for test conducted by rank2top or other partners. You are not allowed to post anything which infringes the law enforced.>

By using the rank2top, you may be exposed to content that you consider offensive, indecent, or objectionable. We do not take any responsibility for such contents. If you find any such content against the applicable law, please inform immediately to suspend such course. Tutors are agree to place such contents if fairly permissible under applicable law. You acknowledge the inherent risks and dangers in the strenuous nature of courses relating to health, wellness, and physical exercise and by enrolling in such courses you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your enrolment in a course.

This platform cannot be used for sharing personal information. Therefore, while interacting directly with a student or an tutors, you must be careful about the types of personal information that you share as we don’t have any control over students or tutors for misuse of such information. You should not share your email or other personal information about you for your safety.

Rank2top only provides platforms for tutors and students and does not hire or employ tutors. We make it very clear that we are not responsible or liable for any interactions involved between tutors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of tutors or students.

We are not responsible for the content or any other aspect of third-party sites having links in our platforms by using and this includes their collection of information about you. You are advised to read terms and conditions and privacy policies of such sites.

AUTHORIAZTION TO RANK2TOP

You agree to authorize rank2top to use the courses along with related contents to resell and to share anyone through any media and for promotional purposes on other websites. You will have ownership of all courses placed by you in our platforms unless the courses were prepared jointly with rank2top. On similar topic other tutors can post courses having presentation different to existing course. Existence of the course depends on popularity, reviews and feedback. By submitting content, comments, questions, reviews, ideas, suggestion about new topics and features etc. you agree to authorize rank2top without any compensation to share, distribute these to anyone and promote on any platform with or without suitable modifications. By submitting or posting content, ideas, suggestions etc. on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with us for all purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law.

GIFT & PROMOTIONAL CODES

Courses may be available to gift someone. Rank2top or our partners may offer gift and promotional codes may be having credit value or may not be to students for limited period and subject to other conditions. Some of these codes may be redeemed as credit value to your rank2top account, which can be used to subscribe courses on our platform, subject to the terms included with the codes. Other codes may be directly redeemable for specific courses. These gift and promotional codes will not be refunded as cash unless otherwise specified in the terms included with your codes or as required by applicable law.

RIGHTS OF RANK2TOP

Rank2top platform and services, including the website and website to be used under this platform, present or future mobile apps and services, logos, API, code, and content created by us or authorised by any third party including students and tutors to be used in this platform are exclusive property in the ownership of IOTtech Education and we have all rights to use these for commercial benefits. In no circumstances no right to use of these platforms, services and contents is allowable for any person or company for their use as our platforms and services are protected by copyright, trademark, and other laws of both the India and foreign countries. Feedbacks, comments and suggestions provided by you regarding our platforms, services and contents are entirely voluntary and without any obligation to you, we will be free to use such feedbacks, comments and suggestions as we find fit.

Your use of platforms, services and contents are subject to the condition:

  • that you will not attempt to access any data of other person, code & contents by way of malware, virus, false promises to other members of the platforms etc.
  • that you will not temper with any data and contents available on the platform.
  • that you will not disable, interfere with, or try to circumvent any of the features of the platforms including security.
  • that you will not probe, scan, or test the vulnerability of any of our systems.
  • that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the platforms, Services and contents.
  • that you will not access or search or attempt to access or search our platforms by any means whether automated or otherwise or by using robot other than through our currently available search facilities on our website, mobile apps, or API.
  • that you will not use name of IOTtech Education, IOttech Softwares, Rank2top or similar or phonetic names to send altered, deceptive, or false source-identifying information or interfere with, or disrupt, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

BINDING AGREEMENT

To avoid any ambiguity, it is clarified that these terms and conditions (including any agreements and policies linked from these terms and conditions) constitute the entire agreement between you and us (which include all related agreement and terms and condition for use of our platforms, services and contents). English version of these terms & Conditions will prevail over any version of terms and conditions in any language on any situation of conflict. You agree to the condition that by registering, accessing, or using our platforms, services and contents, you agree to enter into a legally binding contract with IOTtech Education. If you do not agree to these conditions, do not register, access, or otherwise use any of our platforms, services and contents.

If any part of these terms and conditions are found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

In the case of delay in exercising our rights or failure to exercise a right in a case, will not construed as waiver of our rights under these terms and conditions, and we reserve the right to decide to enforce them in the future. Waiver of any of our rights in a particular case by us as distinct case, will not give any right of waiver of our rights in the same or similar issue of other case to any one or the same person or company.

DISCLAIMER

There are the possibilities that our platform may be down for planned maintenance, hacking or on virus attacks; that some of instructors may be making misleading statements in their course; that some of the students may be commenting misleading and abusive note; etc. In any such or similar type of incidents you agree that you will not have any recourse against us and we will not be held responsible or liable for such incidents. We provide contents and facilities of third parties “as is” and “as available and provided” basis. We (including our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (including our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services.

It is possible that some of the features or services may be ceased or altered by us or due to events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions at any time and for any reason. Under no circumstances we or its affiliates, suppliers, partners or agents will not be held responsible or liable for any damages for such interruptions or lack of availability of such features.

TERMINATION

You are solely responsible for proper termination of your account, which can be done via email or a written request to rank2top to terminate the Service Account. Your termination of Service will result in termination of any outstanding or pending Services, including any free products, websites, web portals or other services included in your plan, without refund or credit.

All of your content will be immediately deleted from the Service upon termination. This information cannot be recovered once your Account is terminated. If you terminate the Service before the end of your current paid up period, your termination will take effect immediately without any refund and you will not be charged again for the next period.

You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of your account or Service cancellation. If at any time you breach the terms of the Service, we may elect to suspend, terminate and/or cancel this Agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation.

Rank2top, in its sole discretion, reserve the right to suspend your Service at any stage for any reason we may deem necessary to continue to provide any of our Services in a way that may be hindered by your status as being our client/user or other valid reasons to do so.

SERVICE SUBSCRIPTION RENEWAL

Renewal of Service is done on periodic basis, which is curse specific and it is the sole responsibility of the client to renew the Service before expiry. Once the Service subscription is expired all the data and back up may be deleted from our server within 15 days of expiry and user cannot claim any right for the same. rank2top reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

CHANGE IN THE PRICES

Price of the Service and current charges are subject to change from time to time upon prior notice to Users. Such notice may be provided by email or by posting the changes to our site and mobile app. Rank2top shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

PERMISSION TO USE COPYRIGHT

This agreement shall be regarded as a guarantee by the Users to rank2top that all permissions and authorities have been obtained/granted in respect to the use of user’s registered logos, graphic images, names and trademarks or any other supplied material in the Service. rank2top cannot be held liable for any information, copy, or images that have not been secured legally and that may result in copyright infringement. We claim no intellectual property rights over the material you provide to us. Your profile and materials uploaded remain yours. rank2top does not pre-screen content, but we and our designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

The design, content, software, scripts, source code, API, graphics, photos, visual design elements, features and technology of this site and Service are copyright of rank2top. All rights reserved. You may not duplicate, copy, distributed, modified, reuse, re-license, sell, resell or exploit for any commercial purposes, any portion of the software used in the Service or access to the Service without express written permission from rank2top.

AVAILABILITY OF WEBSITE/ SERVICES

Subject to the terms of this Agreement, we shall use commercially reasonable efforts to attempt to provide this software / services on a twenty-four hours a day, seven days a week basis. You acknowledge and agree that from time to time this software / services may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this software / services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

LIABILITY

You expressly understand and agree that rank2top shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if rank2top has been advised for the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services subscribed or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party involved in the Service or any other matter relating to the Service. (v) loss arising out of use of our third party vendors, hosting partners and Internet Payment Gateway service providers. (vi) In any case rank2top and its suppliers, distributors, executives and directors for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).

PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by rank2top, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Rank2top grants you a personal, non-transferable and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by rank2top for use in accessing the Service.

ADDITIONAL RIGHTS OF RANK2TOP

Link to rank2top as the software creator will appear in small print on each page of the software designed by rank2top. The Users/ institution irrevocably authorizes rank2top to include the Users' name and logo in any directory or promotional materials. The Users hereby agrees, undertakes and covenants to prominently display and maintain the promotional material of rank2top as supplied by the rank2top from time to time.

THIRD PARTY RESPONSIBILITIES

You understand that rank2top uses the services of third party vendors like hosting partners, SMS Providers, email providers, Internet Payment Gateway Providers, Biometric/ RFID device providers, GPS device providers and smart electrical devices to provide the necessary hardware, software, storage, SMS and online payment processing, attendance recoding, vehicle tracking services and wireless controlling of Users, enabling receipt of payment through a credit/debit card or other methods on internet and other technology required to run the Service. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, as the result of the presence of such third parties on the Service, or as the result of the use of the Service in any way by such third parties.

LINKS ON THE SOFTWARE

Our website may contain links to other Internet websites. These hyper links, if any, are used it will be at user’s own risk. The contents of these sites are not verified or endorsed by rank2top in any way. rank2top makes no warranty or representation that the contents of such websites are error-free and correct. However, once you have used these links to leave our site, you should note that we do not have any control over that website. Therefore, we cannot be held responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to that website.

SMS UNDERTAKING

You agree that you are aware of and well conversant with the “Telecom Commercial Communications Customer Preference Regulations 2010” issued by the Telecom Regulatory Authority of India with respect to Unsolicited Commercial Communication (“UCC Regulations”). You also agree that you are fully aware of & well conversant with the implications for the violations of the UCC Regulations including the penal and financial related actions, and take complete responsibility for any NDNC complaint received from your Opt-In user base leaving rank2top, its directors, officers and employees harmless. For avoidance of doubt, you understand that the penalty schedule for breach of the UCC regulation is up to Rs.2,50,000 INR. That you undertake to abide by the said UCC Regulations by making your Users liable for any breach of the UCC Regulations by your Users and/or any person acting on behalf of the Users for any punitive action for violation of the said UCC Regulations. The messages intend to be send should be “Clean, Harmless and Transactional” in nature and sent only to your Opt-in list of subscribers. You agree to provide us with authorized documents regarding the Opt-In details in case of NDNC complaint arises within the stipulated time frame not exceeding 2 working days. You undertake to indemnify and always keep indemnified rank2top, its directors, officers and employees for any loss or damage suffered by them on account of any breach or violation of the UCC Regulations by your Users, its directors, employees, agents, sub-agents, and/or any person acting on behalf of the Users. In any case if you fail to reach to the removal of the complaint within 2 working days, you will compensate for any financial loss which rank2top may have incurred.

NO TRANSFER & ASSIGNMENT

You agree to the term that you will not assign or transfer these terms and conditions including rights and licenses granted and related account to any other person. We reserve the right to assign these terms and conditions including rights and licenses granted and related account to another company or person without restriction. Nothing in these terms and conditions confers any right, benefit, or remedy on any third-party person or entity. You agree to the term that your account is non-transferable and all rights to your account and other rights under these terms and conditions terminate upon your death.

INDEMNIFICATION

You agree to defend, indemnify and hold rank2top, its directors, employee, executives, partners and affiliates harmless from any claim, demand (including attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your or your employees’ or agents’ breach of this Agreement and/or use of rank2top services. You also undertake to indemnify for any claims, demands, actions, suits, proceedings, liabilities, losses, costs, legal fees or damages of any kind, asserted against rank2top on account of (i) negligence or willful misconduct of Users or its employees or agents; (ii) breach of an obligation of Users to rank2top under this Agreement; and (iii) any loss or liability arising to rank2top from the Users' use of the Service.

TERMS OF PAYMENT GATEWAY SERVICE

As we do not provide Payment Gateway services, you declare and accord your consent to enter into an agreement with Payment Gateway Service Providers for availing of payment processing services on terms and conditions as may be specified in the agreement to be executed by these Payment Gateway Service Providers. You consent and agree to comply with the guidelines, instruction, request, etc made by the Payment Gateway Providers from time to time. You further acknowledge that rank2top, its directors, executives, officers and employees does not take any liability for any loss or damage, if any, suffered by Users on account of use of Payment Gateway services as these services are of third party and are available to Users’ own risk. It is hereby agreed and acknowledged by the Users that in case of any dispute regarding online payment of Users fee, users will have to contact support team of payment gateway provider as well as rank2top for any resolution of dispute and refund, if any arises

CONTRACTUAL TERMS

If any provision of this Agreement is, or proves to be or becomes illegal, invalid, or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be in any way affected thereby. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this site and Service, use of the Service, or access to the Service without the express written permission by rank2top. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member, director, executive or officer of rank2top will result in immediate account termination. This agreement shall be governed by the rules and regulations of the authorities of the government of India and the parties hereto submit to the exclusive jurisdiction of the Delhi courts only.

FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, Bankruptcy, Delinquency, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, telecommunications problems, server down time, vandalism, hacking, earthquake, flood, theft, phone Service disruptions, Internet disruptions, loss of data, extreme or severe weather conditions or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

WAIVER

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

GENERAL

Your use of the Service is at your sole risk. The Service is provided on “as available” basis. By accessing this website/ ERP/ Mobile APP you consent to these terms and conditions and to the exclusive jurisdiction of the Indian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented by anyone except by duly authorized representatives of the Company. You accept and acknowledge that rank2top is not at all responsible for any false contents or data stored in the database because the contents or data to be stored in the database is being provided by the Users. Users will be responsible regarding correctness and validity of the data. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth usage exceeds prescribed limit, or significantly exceeds the average bandwidth usage (as determined solely by rank2top. We reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

Rank2top does not warrant that (I) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Services, information, or other material subscribed or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

You undertake not to use the Service in any manner, or in furtherance of any activity, which constitutes a violation of any law or regulation or which may result in fraud on any person or which may cause rank2top to be subject to investigation, prosecution or legal action.

NOTIFICATION OF CHANGES

These terms and conditions are updated time to time to clarify our services, terms and conditions or to reflect new or different features. Any addition of new features, resources and tools to increase service performance will be subject to these terms of service. These terms and conditions form part of the Agreement between the Client and ourselves. For all changes users will be notified on the platforms or through email available with us. Users are expected to go through the changes of terms and conditions and their implications on being notified. Your accessing of this website/ ERP/ Mobile APP and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected. We invite you to review the most recent version of these terms and conditions at the websites of rank2top.

TERMINATION OF AGREEMENTS

Both the Users and rank2top have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. Non-payment to company will lead termination of agreement without notice. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.

DISPUTE RESOLUTION

Our support is always available to resolve the issue as early as possible subject to the circumstance. In the case after all efforts dispute remains, your options to go to court to claim refund and demand of earnings or bring a claim in binding arbitration are available with you. You agree to the terms that you will exhaust all remedies provided by us before going to the court.

ARBITRATION

If any dispute is not resolved amicably, you and rank2top agree to resolve any claims related to these terms and conditions or other terms and conditions mentioned herein through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

LEGAL ACTION AND NOTICE

All legal action, regardless of form, arising out of or relating to this terms and conditions including other terms conditions mentioned in this agreement may be brought by either party within one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to notice@rank2top.com).

GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by the laws, Rules and regulations of India without reference to its choice or conflicts of law principles. You and we consent to the exclusive jurisdiction and venue of courts in New Delhi, India for any dispute resolution.

UPDATING OF TERMS AND CONDITIONS

These terms and conditions are updated time to time to clarify our services, terms and conditions or to reflect new or different features and rank2top reserves the right in its sole discretion to modify and/or make changes to these terms and condition any time. For all changes users will be notified on the platforms or through email available with us. Users are expected to go through the changes of terms and conditions and their implications on being notified.

This document was last updated on 11.09.2020

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