1. Scope

Use of the Aakash Educational Services Limited (hereinafter referred to as “AESL”) website at https://www.digital.aakash.ac.in/ (hereinafter referred to as “Website”) is subject to these terms and conditions of use. Users who do not accept these terms of use are not authorised to use or continue using this website. We may amend these terms of use at any time and any revised version will be effective immediately that it is displayed on this website. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to AESL's use of cookies in accordance with the terms of AESL's privacy policy. In the event of any comments or questions concerning these terms of use, please contact us by e-mailing at aakashitutor@aesl.in / support@aakashlive.com or by writing to us at Aakash Educational Services Limited, Aakash Tower, 8, Pusa Road, New Delhi - 110005, India.

2. Services

1. Aakash iTutor / Aakash Live / Aakash PracTest (hereinafter referred to as “Aakash Digital Products”) are subscription based pre-paid services offered by AESL for the student/users preparing for the Medical and engineering entrance exams, board / school examinations and other competitive exams. The complete gamut of services offered by AESL are listed in detail on the Website of the company at http://www.aakash.ac.in.
2. The services of this Website are available only to the registered users ("Users") on a single user basis, for a particular period of time on making the stipulated payment and abiding by the applicable terms and conditions. The said services are personal in nature and cannot be assigned or transferred to or shared with any other person other than the registered users.
3. In order to use online services of this Website, the User must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access to your service provider. In addition, User will need to have access to all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access devices. The Website is best viewed in following systems/configurations:
   1. Bandwidth: 1 mbps or higher
   2. OS: Windows 7 or later version of Windows
   3. Browsers: Internet Explorer 10 or later or Google Chrome 34 or later
4. Access to the AESL services and content is subject to these terms and conditions.

3. Registration, Password

1. For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure that their e-mail address, as provided to www.aakashitutor.com / www.aakashlive.com (User is redirected to these links via the Website based on the service the User is interested in), is updated at all times and an address at which the User can be contacted.
2. Any change of address or phone numbers should be notified through a written application without any delay. If the dispatch is returned due to change of address or any reason whatsoever, Rs. 500 will be charged for sending the dispatch again.
3. If you are directly subscribing as a user of this Website, you represent and warrant that you are at least 18 years of age and that you possess the legal right and capacity to use the services of Aakash Digital Products in accordance with the stated terms and usage policies. In cases, where a minor below the age of 18 years of age, wants to use this website, such a user shall duly register himself through his parent/ guardian and such a parent/ guardian hereby agrees to accordingly register and supervise usage by, and be responsible for the action of any such minors who use the computer and/or password to access the site. The parent/ guardian shall enter into this agreement on behalf of such minor and bind himself/herself in accordance with all terms and conditions herein.
4. By registering yourself as a user and subscribing to avail the services of this Website, it will be deemed that you have read, understood and agreed to fully abide by all the terms and conditions of the Website as contained herein.
5. Some pages of the Website may be password protected. In the interest of safety and security of the data and Website, only registered or paid users may access said pages. AESL reserves the right, in its sole discretion, to terminate or refuse all or part of its services, for any reason without notice to you. AESL particularly reserves the right to determine certain web pages, which were previously freely accessible, subject to registration. AESL is entitled, at any time and without obligation to give reasons, to deny the user the right to access the password-protected area by blocking its User Data (as defined below), in particular, if the User uses false data for the purpose of registration; violates the Terms of Use or neglects its duty of care with regard to Data; violates any applicable laws in the access to or use of the AESL Website or did not use the AESL Website for a longer period.
6. By registering on the Website, you agree to:
   1. Make your contact details available to AESL so that you may be contacted by AESL for education information through email, telephone and SMS.
   2. Receive promotional mails/special offers from the Website or any of its partner websites, if any; and/ or
   3. be contacted by AESL in accordance with the privacy settings set by you.
7. Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access, the User shall promptly change the password received into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
8. The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing their data, the User shall notify AESL thereof without undue delay in writing, or, as the case may be, by e-mail.
9. After receipt of the notice under paragraph 3 (7) above, AESL will deny access to the password-protected area under such User Data. Access by the user will only be possible again upon the User's application to the Website or upon new registration. Please note that the password generated by you for accessing the Website should not be shared by you with anyone else at any time. Please also note that especially with regard to the Product/Service’s purchased by you, the same have been licensed to you by AESL for your own use only and you cannot share your password with others or allow others to use the paid courses. This will be a gross violation of the license terms governing the paid Product/Services.

4. Fees/Charges

The fee includes prevalent taxes & charges imposed by government authorities. If at any point of time, Government further increases taxes or charges, the extra amount will be borne by the user from the date of enforcement of the act by the Govt. In case the AESL gives concession/discount/scholarship to any user/student and Government Charges taxes on such amount of concession/discount/scholarship, the amount in such case has to be borne by the user/student. The quantum of concession/discount/scholarship to be given to any user/student shall be as per the policy of AESL from time to time.

Refund Policy

Aakash Live

• Registration Fees is Non-Refundable under any circumstances.
• Short term courses/ crash courses/Test series/chapter/module courses are Non-refundable under any circumstances.

FEES COMPONENTS	Before Batch commencement	WEEK 1	WEEK 2	WEEK 3	WEEK 4	WEEK 5 or Later
Registration Fees	Non- Refundable	Non- Refundable	Non- Refundable	Non- Refundable	Non- Refundable	Non- Refundable
Admission Fees Tuition Fees Exam Fees	Refundable	Refundable	75% Refundable 75% Refundable	75% Refundable 75% Refundable	75% Refundable 75% Refundable	Non- Refundable Minimum of 75% refundable or Pro Rata Basis: Calculate based on the "Total Classes Scheduled Till Refund Request Date /Total planned classes in the Course" as on the Refund Request Date

Week-1 will be counted from the date of first payment by student or date of start of the batch, whichever is later.
The fee to be used for pro-rata calculation of service availement shall be Net payable Fee

Aakash Itutor

• Registration Fees is Non-Refundable under any circumstances.
• Short term courses/ crash courses/Test series/chapter/module courses are Non-refundable under any circumstances.

FEES COMPONENTS	Before Batch commencement	WEEK 1	WEEK 2	WEEK 3	WEEK 4	WEEK 5 or Later
Registration Fees	Non- Refundable	Non- Refundable
Hardware Charges (wherever applicable)	Non- Refundable	Non- Refundable
Admission Fees Tuition Fees Exam Fees	Refundable	100% Refundable	75% Refundable			Non- Refundable Non- Refundable

Week-1 will be counted from the date of activation of iTutor Account
 

Aakash Practest:

No refund under any circumstances

Refund Policy for Free Tab Offers:

In case of the refund request, the value of Tab to be deducted along with the deductions as per the above policy. Replacement allowed in case the device is faulty.

Replacement Policy

Replacement Policy for Books:

1. Due to receipt of Physically Damaged product: Request should be made within 5 days of delivery/receiving of the product. Detailed images to be sent by the customer to support@aakashlive.com before initiation of the replacement. Replacement order of damaged books will be shipped as per stock availability.

2. Due to missing item: Request should be made within 5 days of delivery/receiving of the product. The missing item will be shipped as per stock availability.

Replacement Policy for SD Cards / Tablet

1. Due to receipt of Physically Damaged product: Request should be made within 5 days of delivery/receiving of the product. Detailed images to be sent by the customer before initiation of the replacement. The replacement order will be shipped only after receipt of the original order at the warehouse, as per stock availability.

2. Due to receipt of Defective (non-functional) product: Support team to first take the customer on remote access, diagnose the problem, try to solve it remotely, and if not solvable, then replacement order to be shipped, but only after receipt of the original order at the warehouse.

 

Duplicate Order Policy:

Request for Duplicate Books: All duplicate books will be chargeable at INR 500 per book. A mail must be sent at support@aakashlive.com with the details of the required books.

Request for Duplicate SD Cards/Tablets:

1. SD cards will be chargeable at INR 1500. Once the new SD card is used, the original SD card will not be functional. Mail to be sent to aakashitutor@aesl.in.

2. The 10.1-inch Lenovo Tablet (Model: 10 X103F, MFG Year:-Apr’17) can be bought at an additional INR 8000. Mail to be sent to aakashitutor@aesl.in.

5. Rights of Use to Information, Website, and Documentation

1. The right to use the services of the Website is on revocable license/permission granted by the AESL to the User. The License is non-exclusive and non-transferable, which may not be sublicensed to use the information, website and documentation made available to the User on or via the Website to the extent agreed or in the event of no such agreement to the extent of the purpose intended by AESL in making same available to the user on the terms and conditions contained herein. Except the usage of the services during the license period, the registered users shall not have any right or title over the Website or any of its contents.
2. If you provide any information that is untrue, inaccurate, not up-to-date or incomplete, or if AESL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AESL has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof.
3. Information, data and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the website or documentation nor shall it disassemble, reverse engineer or decompile the website or separate any part thereof.
4. All prices are subject to change without notice. Every effort has been made to ensure accurate pricing of the Product/Service’s featured on our website. In the event a part or accessory is ordered and the listed price has changed, you will be notified prior to the processing of your order. Purchase "as is." You agree that all Products/Service’s purchased by you through this website are provided under warranties, if any, of the manufacturer only, and not by AESL. All Product/Services are provided by AESL on "as is" basis with no representations or warranties of any kind from AESL.
5. Except for Private use and non- commercial use, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner, photocopied, or reproduced without prior written consent of AESL. Any other use of materials on this website, including any commercial use, reproduction for purposes other than that noted above, modification, distribution, or republication without the prior written consent of AESL is strictly prohibited and may violate copyright or trademark laws.

6. Duties of the User

1. AESL can ask for student/user’s photograph, roll number etc. AESL reserves the right to use the photograph for publicity in case the student/user secures position / succeeds in Medical Entrance Exams. The student/user should also staple three extra photographs with the form.
2. Student/users enrolled with AESL will have to provide photocopy of Admit Card of Medical Entrance Exams as soon as they receive admit cards from the exam conducting body.
3. AESL reserves the right to make any alteration in its programs / venue / timing without any prior notice to anybody. The decision of the AESL will be final and binding on the student/users and the parents.
4. In order to use the AESL Services / Products, you further agree not to:
   1. Use data and material for commercial gain (including, but not limited to teaching, group usage etc.). The use of data and material for commercial gain is not permitted and is violation of the copyrights of the AESL.
   2. Create a false identity or impersonate another person or entity in any way.
   3. Restrict, discourage or inhibit any person from using the AESL Services / Products, disclose personal information about a third person on or through AESL Services / Products / website or obtained from AESL Services / Products / website without the consent of such person or collect information about Users of the AESL’s website.
   4. Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the AESL Services / Products / website or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the AESL Services / Products / website, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by AESL.
   5. Gain unauthorized access to the Services, accessible to other Users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services.
   6. Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the website, features that prevent or restrict the use or copy of any part of the website or any content accessible on or through website, or features that enforce limitations on the use of the website or any content accessible on or through website.
   7. Violate any applicable central law or state law or local laws or regulations or these Terms.
   8. Assist or permit any persons in engaging in any of the activities described above. Any unauthorized or prohibited use of the AESL Services / Products / website or AESL Content may subject the offender to civil liability and criminal prosecution under applicable central law or state law or local laws.
5. You represent, warrant, covenant and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information on the Website, that:
   1. Belongs to another person and to which you do not have any right;
   2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
   3. Harm minors in any way;
   4. Infringes any patent, trademark, copyright or other proprietary rights;
   5. Violates any law for the time being in force;
   6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
   7. Impersonate another person;
   8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
   9. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
6. You further represent, warrant, covenant and undertake that your use of the Website shall not:
   1. Violate any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation;
   2. Interfere with or disrupt computer networks connected to the Website;
   3. Impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity;
   4. Forge headers or in any manner manipulate identifiers in order to disguise the origin of any user information;
   5. Upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights and licenses;
   6. Upload, post, transmit, publish or distribute any material which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
   7. Interfere with or disrupt the use of the Website by any other user, nor "stalk", threaten, or in any manner harass another user;
   8. Upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Website, or that of other computer systems;
   9. Use the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;
   10. Upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
   11. Upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or racially, ethnically, or otherwise objectionable;
   12. Reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website);
   13. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;
   14. Take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure;
   15. Any interpretation of test results or study material other than as a tool of learning and enhancing knowledge; or
   16. The tests and exercises are created for you to test your understanding of concepts and are not to be interpreted as a sample question paper for any examinations.
7. Any content uploaded by you on the Website shall be subject to relevant laws and may be disabled and/or may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Website, AESL may terminate your account/block your access to the Website and AESL reserve the right to remove any non-compliant content uploaded by you on the Website.
8. AESL reserves the right to remove any content or links that allegedly infringes any other person's copyright at any point of time

7. Intellectual Property

1. Notwithstanding the particular provisions in 5 of these Terms of Use, information, brand names and other contents of the Website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of AESL.
2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all copyright, patent rights and licenses are expressly excluded.
3. AESL may, without charge, use any ideas or proposals stored by a User on the Website for the development, improvement and sale of its Product/Service’s.
4. All the Contents on the website are proprietary to AESL except the data / queries posted / uploaded by the users.
5. All material available on the Website including but not limited to, its design, text, graphics, screen shots, files and the selection and arrangement thereof is protected by copyright laws.
6. The owners of the intellectual property, copyrights and trademarks are AESL, its affiliates or third-party licensors. Any modification, copying, reproduction, republishing, uploading, posting, transmitting or distributing any material on this Website including text, graphics, code and/or software is expressly prohibited.
7. No recourse shall be taken against AESL for any alleged or actual infringement or misappropriation of any proprietary rights in your communications to AESL. At any stage, if it is believed that the contents appearing on this Website constitute copyright infringement of another person's rights, the user may communicate the same to us.
8. Notice of Copyright Infringement: We are not liable for any infringement of copyright arising out of materials posted on or transmitted through the Website, or items posted on the Website, by end users or any other third parties. In the event, you have any grievance in relation to any content uploaded on the Website, you may contact our Grievance Officer; or write at the following address: e-mailing at aakashitutor@aesl.in / support@aakashlive.com or can write to us at Aakash Educational Services Limited, Aakash Tower, 8, Pusa Road, New Delhi - 110005, India.
9. We request you to please provide the following information in your complaint: - (a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint. (b) Identification of the copyrighted work claimed to have been infringed. (c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity. (d) The address, telephone number or e-mail address of the complaining party. (e) A statement that the complaining party has a good-faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. (f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

8. Hyperlinks/‘Ask an Expert’ Section

1. The Website may contain hyperlinks to the web pages of third parties. AESL shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as AESL does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.
2. Some contents on the site may belong to third parties. Such contents have been reproduced after taking prior permission from the said party and the copyright of such contents would remain exclusively with the said third party. AESL shall not be responsible for any mistakes which might appear in such contents.
3. Please note that the answers under the section “Ask an Expert” or the tests/notes uploaded in the 'Upload Tests & Notes' sub-section may be uploaded by users directly. Therefore, AESL will not be liable for the content of the same.
4. Further, AESL may certify an answer posted by a user to be correct or not. This however does not mean that AESL has checked whether the answer has or has not been copied by such user from any other source without authorisation. AESL shall surely look into any concern of this nature that is brought to its attention.

9. Data Privacy Protection

For collection, use and processing of personally identifiable data of the User of the Website, AESL shall comply with applicable laws on data privacy protection and the Website Data Protection Privacy Policy, which is available as per hyperlink on the Website.

10. No Liability:

1. It is for the student/user to see whether he/she is eligible for a certain Medical Entrance examination or not. The AESL does not hold itself responsible if a user/student's admission form cannot be forwarded or is rejected by the examination body on any ground whatsoever. Such a user/student cannot claim a refund of the whole or any part of the fee he/she has paid to the AESL.
2. The responsibility of getting admission form forwarded to the examining body is that of the user/student himself/herself or that of the Parents / Guardian.
3. It is the endeavour of AESL to ensure that the information provided on the Website is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose, and accepts no responsibility with respect to the information on the Website. Use of this Website, by implication, means that you have gone through and agreed to abide by the Terms and Conditions and the Disclaimers of this Website. AESL does not claim that the information downloaded is up to date, correct and error free or that the servers that make AESL site available, are free of viruses or harmful components. Any reliance on the service or database available through this service is at the user's own risk. Though due care has been taken to make the database completely reliable and error-free, AESL claims exemption from any liability arising out of any such error in the data base.
4. AESL disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to:
   1. Any errors in or omissions from the Website and its content, including but not limited to technical inaccuracies and typographical errors.
   2. Any third party websites or content therein directly or indirectly accessed through links in the Website, including but not limited to any errors in or omissions there from.
   3. The unavailability of this Website or any portion thereof.
   4. The use of any equipment or software in connection with the Website by the user.

5. Aakash Educational Services Limited may also contact the user through SMS, WhatsApp, email, and call to give notifications on various important updates. Therefore, user holds Aakash Educational Services Limited non-liable for any liabilities including financial penalties, damages, expenses, in case the user's mobile number is registered with Do Not Call (DNC) database.

11. Liability for defects of title or quality

1. Insofar as any information or documentation is made available at no cost, any liability for defects as to quality or title of the information and documentation especially in relation to the correctness or absence of defects or the absence of claims or third-party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving wilful misconduct or fraud.
2. The information on the Website may contain specifications or general descriptions related to the technical possibilities of individual Product/Services which may not be available in certain cases (e.g. due to Product/Services’ changes). The required performance of the Product/Services shall therefore be mutually agreed in each case at the time of purchase.

12. Other Liability, Viruses

1. The liability of the Website for defects in relation to quality and title shall be determined in accordance with the provisions of these Terms of Use. Any further liability of AESL is excluded unless required by law, e.g. under the Act on Product Liability or in cases of wilful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damage in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no wilful misconduct or gross negligence.
2. Although AESL makes every endeavour to keep the Website free from viruses, AESL cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
3. 12 a) and 12 b) do not intend nor imply any changes to the burden of proof to the User's disadvantage.

13. Limitation of Liability:

Under no circumstances shall AESL be liable to any User for:

1. Loss, injury, claim, liability or damages of any kind resulting from the use of or the inability to use the services / data in the Website, even if AESL had been advised of the possibility of such damages and regardless of the form of action, whether in contract, stated or otherwise.
2. Special, direct, incidental, punitive, exemplary or consequential damages of any kind whatsoever in any way due, resulting from or arising in connection with the use of or the inability to use the Website or its content / data.
3. Claim attributable to errors, omission or inaccuracies in or destructive properties of any information.
4. Any material downloaded and used shall be at the risk of the user and no services utilised by this Website shall create any warranty. AESL shall not be responsible, if any information/page is downloaded from AESL and after downloading complete/partial, text/information is altered/removed/obscured contained therein.
5. AESL and/or its respective suppliers make no representations about the suitability, reliability, availability, timelines, of the products and services contained on the Website for any purpose. All products, services are provided "as is" without warranty of any kind. and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, products, services including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
6. In no event shall AESL and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the AESL Website, with the delay or inability to use the AESL Website or related services, the provision of or failure to provide services, or for any information, software, products and services obtained through the AESL Website, or otherwise arising out of the use of AESL Website, whether based on contract, negligence, strict liability or otherwise, even if AESL or any of its suppliers has been advised of the possibility of damages.

14. Indemnification:

As a user of this Website, you agree to protect and fully compensate AESL and its domain's associates, such as, service providers and technology partners, from any and all third party claims, liabilities, damages, expenses and costs, including, but not limited to, all legal expenses, arising from your use of services on this domain, your violation of the terms or your infringement by any other use of your account, of any intellectual property or other right of anyone.

15. Third Party Advertising

There may be third party information, advertisement, and schemes displayed through this Website. AESL disclaims, to the fullest extent permissible, the correctness, viability, availability, merchantability or fitness of such information, advertisement and scheme. AESL hereby declares that the advertisers and their clients etc. are neither its agent, partner nor principal and AESL does not provide any guarantee or warranty or any representation on behalf of any of the advertisers or their clients.

16. General:

1. AESL tries its best, but does not guarantee that the services will be error free, or continuously available, or that the service will be free of viruses or other harmful components.
2. This Agreement does not in any manner create any relationship whatsoever as between user and the AESL, either as a joint venture, partnership, employment, or agency relationship. Performance of this agreement by AESL is subject to existing laws and legal process in India, and nothing contained in this agreement is in derogation of the rights of AESL to comply with governmental, court and law enforcement requests or requirements relating to your use of AESL or information provided to or gathered by AESL with respect to such use.
3. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and AESL with respect to the AESL site and it supersedes all prior communications and proposals, whether electronic, oral or written, between the user and AESL with respect to the AESL site.
4. AESL can change terms of usage anytime.
5. AESL reserves the right to make any change in its data/ material/Product/Services’ without any prior notice to anybody.
6. In case of any dispute or difference between you and AESL regarding the interpretation of these terms and conditions, non-payment of any claim or any dispute arising out of or in pursuant to these terms and conditions, the same shall be referred to sole Arbitrator who shall be appointed by Chairman of M/s Aakash Educational Services Limited The proceedings shall be conducted at New Delhi under the provisions of Arbitration & Conciliation Act and the Courts at Delhi only shall have the jurisdiction over the matter and/or for enforcement as the case may be. If an Arbitrator to whom the matter is referred refuses to act or for any reason, does not enter the reference or after entering into the reference proceedings are abandoned or kept in abeyance or not proceeded with, it shall be lawful for the Chairman of M/s Aakash Educational Services Limited to appoint another person to act as Arbitrator in the manner aforesaid. Such person shall be entitled to proceed with reference from the stage at which it was left by his predecessor, if both the parties consent to this effect, failing which the Arbitrator will be entitled to proceed de novo.
7. It is also agreed between the parties that arbitration proceeding would be conducted in English only and in no other language.
8. That the Parties agree that the present agreement shall be construed in accordance with the laws in force in India and in the eventuality of any dispute or difference (including in the eventuality of violation of the present agreement by any party) arise on any matter relating to or arising out of the present agreement the same shall be referred to the Sole Arbitration as mutually agreed between the Parties whose decision shall be final and binding upon the parties. The sole Arbitrator shall conduct the arbitration proceedings at Delhi only. It is also mutually agreed between the parties that the Parties would be entitled to invoke the present arbitration Clause during or even after the subsistence and even after the present agreement has expired or been terminated etc.
9. Viewing of videos should be within reasonable limit. It is on discretion of AESL to put limit on this.
10. AESL, on its discretion, block access to any user without any prior notice
11. AESL is not liable for any poor result of student/users
12. AESL will try its best to prevent technical issues, portal downtime and mistakes in content, but it cannot be held liable for those
13. You cannot copy, download or circulate the content by any means (print screen, download, video recording etc.), it is violation of the copyrights of AESL.
14. Any attempt to hack or gain unauthorized access is not permitted and is punishable under India Cyber laws
15. The video lecture content has been delivered & recorded in a mix of English and Hindi medium for the comfort and understanding of students from all quarters of the country. Any complaints, cancellations or refund applications with respect to language of video lecture delivery will not be entertained. Parents are advices to go through sample videos on www.aakashitutor.com before they go ahead with admission & fee payment
16. Once the course is purchased, no refund request will be entertained

17. Supplementary Agreements, Place of Jurisdiction, Applicable Law

1. Any supplementary agreement requires the written form.
2. The place of jurisdiction shall be New Delhi, India.
3. The individual pages of the Website are operated and administered by AESL and/or its affiliates. The pages comply with the law applicable in INDIA where AESL has its business residence. AESL makes no representation that information, data and/or documentation on the Website are appropriate or available for viewing or downloading at locations outside India. If Users access the Website from outside India, they are exclusively responsible for compliance with all applicable local laws. Access to Website's information / documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with AESL, the User should contact the AESL, at its New Delhi office.
4. These Terms of Use shall be governed by Indian Laws and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of India, to the exclusion of its conflict of laws rules.

Admission Form Terms and Conditions

1. Incomplete forms will be rejected.

2. It is compulsory to attach self-attested photocopy of marksheet of class VI / VII / VIII / IX / X / XII.

3. Once package fee, booking amount and/or instalment(s) have been paid, under no circumstance a refund request will be entertained. Package once sold, cannot be cancelled or taken back.

4. Video lectures have been delivered in a mix of English and Hindi medium for the comfort and understanding of students from all quarters of the country. Rest of the course content (reading material, quizzes etc.) is in English.

5. Students once enrolled into iTutor Packages cannot claim for refund of amount or part of the amount; if he/she becomes disinterested during the Package due to any reason whatsoever.

6. It is for the student to see whether he/she is eligible for a certain Entrance examination or not. The Company does not hold itself responsible if a student's admission form cannot be forwarded or is rejected by the examination body on any ground whatsoever. Such a student cannot claim a refund of the whole or any part of the Price, he/she has paid to the Company.

7. It is compulsory for a student to attach/send a recent passport size photograph on or along with the application form. Company reserves the right to use the photograph and name of the student for publicity in all kinds of media, in case the student secures position / rank or succeeds in any Entrance Exams in India or any test at international level.

8. The responsibility of getting admission form forwarded to the examining body is that of the student himself/herself or that of the Parents / Guardian.

9. AESL reserves the right to make any change in its package or terms & conditions without any prior notice to anybody.

10. If the iTutor device or SD card is lost / misplaced once delivered, then a student can ask for a new device against the payment of Rs. 16,000 (10.1") / Rs. 6,000 (7") and Content SD card for Rs. 900 (8GB) / Rs. 1000 (16GB) / Rs. 2000 (32GB) each respectively through Demand Draft in favour of 'Aakash iTutor™' payable at New Delhi.

11. Any change of address or phone numbers should be notified to the iTutor Division without any delay through a written application. If the dispatch is returned due to change of address or any reason whatsoever, Rs. 500 will be charged for sending the dispatch again.

12. If at any point of time, the Govt. further increases tax rate the extra amount of taxes will be borne by the customers from the date of enforcement of the act by the Govt.

13. Students applied for with Aakash iTutor™ will have to provide photocopy of Admit Card of All Entrance Exams as soon as they receive their admit cards from the examining body.

14. Aakash iTutor™ Online Learning can be accessed on PC, Laptop or Tablet PC over internet (with available bandwidth of at least 1 mbps). Student should ensure that he/she has got the right device with such internet connection.

15. End Use-The educational content on the iTutor device or SD card is Licensed Educational Content for personal, single user, non-commercial use by students of that class only. Without limiting the foregoing, the Licensed Educational Content shall not be used, distributed or otherwise exploited for “commercial advantage or private monetary compensation" under the End Use License. The following are types of uses that AESL expressly defines as "commercial use"

1. the sale or rental of (i) any part of the Licensed Educational Content, (ii) any derivative works based at least in part on the Licensed Educational Content, or (iii) any collective work that includes any part of the Licensed Educational Content
2. providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee or without a fee; and
3. sharing of the iTutor device or SD card with the non-registered users, with or without a fee.

In case any use of the Licensed Educational Content on the iTutor device or SD card for commercial use or in violation of End Use License comes to the knowledge of the AESL, the AESL reserves the right to disable the user account, forfeit the entire fee/charges paid by that user till that date and to initiate the initiate legal proceedings against misuse of the Licensed Educational Content and the infringement of the Intellectual Property Rights (IPR) of the AESL.

16. In case of any dispute or difference between you and Company regarding the interpretation of these terms and conditions, non-payment of any claim or any dispute arising out of or in pursuant to these terms and conditions, the same shall be referred to sole Arbitrator who shall be appointed by Chairman of M/s Aakash Educational Services Ltd. The proceedings shall be conducted at New Delhi under the provisions of Arbitration & Conciliation Act and the Courts at Delhi only shall have the jurisdiction over the matter and/or for enforcement as the case may be. If an Arbitrator to whom the matter is referred refuses to act or for any reason, does not enter the reference or after entering into the reference proceedings are abandoned or kept in abeyance or not proceeded with, it shall be lawful for the Chairman of M/s Aakash Educational Services Ltd. to appoint another person to act as Arbitrator in the manner aforesaid. Such person shall be entitled to proceed with reference from the stage at which it was left by his predecessor, if both the parties consent to this effect, failing which the Arbitrator will be entitled to proceed de novo.

17. If any customer fails to receive the device within 15 days from the date of dispatch, kindly inform the iTutor Division telephonically or by writing an e-mail at aakashitutor@aesl.in

18. AESL may also contact the user through sms, email and call to give notifications on various important updates. Therefore, User holds AESL non liable for any liabilities including financial penalties, damages, expenses in case the users mobile number is registered with Do not Call (DNC) database.