Effective 24th February 2022
General
CRACK IB, a Partnership Firm, having its registered office at O-11,12 Bhavik Complex, Ghod dod Road, Surat 395001 (herein referred to as “CRACK IB”, “we”, “us”, or ” our”) provides online courses and conducts online classes, live demo, doubt clearing sessions for the students seeking to enroll for such courses (the ” Services”), which Services are accessible at www.crackib.com and any other websites through which CRACK IB makes the Services available (collectively, the “Site “) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Applications”).
By accessing or using the Site, Application or Services, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services (“Terms of Services” or “Terms”), whether or not you have registered with the Site and/or Application.
CRACK IB reserves the right to alter these terms and conditions at any time. It is the Student (defined below) or Named Contact’s (defined below) responsibility to review T&Cs on a monthly basis
Eligibility
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site.
However, if you are a minor, i.e. under the age of 18 years and over the age of 13 years, you may use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Definitions
In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalised terms wherever used in the Agreement shall have the meanings as ascribed hereunder:
“Courses” means educational courses listed on the Site or Application.
“Course Fees” means the amounts that are due and payable by a Student for enrolment of Course.
“Collective Content” means Member Content and CRACK IB Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Listing” means Courses that are listed by CRACK IB as available via the Site, Application, and Services.
“Member” means a person, who completes CRACK IB’s account registration process or purchases a Course without registration, including but not limited to Tutors and Students.
“Named Contact” means any contact nominated by the Student to act on their behalf, such as a parent.
“Member Content ” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile, within a Course or CRACK IB promotional campaign to be made available through the Site, Application or Services.
“Payment Method” means a payment method that you have added to your CRACK IB Account, such as a credit card, debit card or net banking.
“Student ” means a Member who enrols for Courses on Application or Site, in case of minor student the parent or guardian who enrol their child or ward for the Courses on Application or Site.
“Tax” or “Taxes ” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that CRACK IB may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
“Tutor” means a Member who has been selected by CRACK IB in order to provide services through the Site or Application
“CRACK IB Content ” means all Content that CRACK IB makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Student Content.
Data & Communication
By registering with us, you are expressly consenting to our collection, processing, storing, disclosing, and handling of your information set forth in our Privacy Policy now and as amended by us. Processing your information in any way, including, but not limited to, collecting, storing, deleting, using, combining, sharing, transferring, and disclosing information, all of which activities will take place in India. If you reside outside India your information will be transferred, processed, and stored in accordance with the applicable data protection laws of India.
By using the Site, Applications or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined above), and constitute a binding legal agreement between you and CRACK IB. The user further accepts to allow CRACK IB to reach them through Call, SMS, Email, Whatsapp for providing existing services and for providing information on new products and services.
You agree that We may record all or any part of any live online classes and tutoring sessions (including voice chat communications and videos) for quality control and other purposes. You agree that We own all transcripts and recordings of such sessions, and you hereby irrevocably assign to us all rights in all such transcripts and recordings.
Payment
Payments must be made through the Razorpay payment facility on the CRACK IB website. Charges incurred through the use of third-party services, including but not limited to ‘Razorpay’, are not the responsibility of CRACK IB. Whilst CRACK IB has made all reasonable endeavours to ensure the fees detailed for payment using ‘Razorpay’ in this clause are correct, CRACK IB are not liable should these fees be subject to alteration by ‘Razorpay’.
Payments must not be made directly to the Tutor at any time. Doing so may lead to a breach of this agreement and possible termination.
Payments made via non-Indian bank accounts must take into account any international deductions made by the transferring bank/institution. The Student or potential Member must account for these extra fees on top of the base payment. CRACK IB shall not be liable for any transaction fees.
Cancellation & Refund
Once a course has been purchased, a Student can decide to cancel / pull out of the course at any time before the first session starts. In such a case, a Student can request a full refund of the fees paid by him/her for that particular course by contacting CRACK IB using the Contact Us form on the website or by emailing Us at help@crackib.com.
A Student cannot pull out of the course once the course has begun. After the first session of a Course has begun, no refund will be provided.
CRACK IB reserves the right to cancel a Course after Listing, as well as cancelling a Course after payment has been collected, as well as cancelling a Course in progress. In these unfortunate scenarios, We will do our best to notify all the Members / Students in that particular Course of the cancellation. Students who have enrolled in the cancelled Course will be given a refund of the undelivered sessions i.e. the refund amount would be pro-rata to the unconsumed portion of the tuition. E.g. If a hypothetical course costs ₹100 for a total of 10 sessions, then each session will be deemed to be cost ₹10. Therefore, if this course gets cancelled after the completion of 3 sessions, then an enrolled student in this cancelled course will be entitled to a refund of ₹70.
We reserve the right to ban a student from using our app or accessing our online courses. A student will not be entitled to a refund after he is banned. Reasons for banning a student can include the following:
• Bringing other friends or students who have not paid to attend the live online classes.
• Disruptive or rude behaviour during the live online classes or while communicating on the learning management system
• Illegally distributing materials from our live online classes or app to other non-paying students
• Any other reason which we may deem to consider as harmful behaviour
Miscellaneous
The Student or Named Contact is not permitted to make private arrangements for tuition with a Tutor with whom he has connected with on CRACK IB. Should a Student or Named Contact breach this obligation, they, or their Named Contact should the Student not be of legal age, will be liable to account to CRACK IB for all sums paid to the Tutor without deduction and CRACK IB shall be entitled to obtain an injunction against them to prevent further breaches. This obligation shall continue notwithstanding termination of this agreement.
License & Access
The Company grants you a limited sub-license to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
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. harms minors in any way;
4. infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages;
7. communicates any information which is grossly offensive or menacing in nature;
8. impersonates another person;
9. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
10. 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; or
11. is misleading or known to be false in any way.
User Obligations
(a) Any commercial distribution, publishing or exploitation of the Site, or any content, software, code, data or materials on the Site, is strictly prohibited. Except as expressly permitted by these Terms and Conditions or by law, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Site or any materials or content related to our programs even if the materials or content are not accessed through the Site. If you improperly use the Site, we may aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution.
(b) We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the various products, services and features offered on or through the Site, you will not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services; or (iii) gain or attempt to gain unauthorized access to other computer systems through the Site.
(c) You agree to not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any products, services, or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the products or services offered on or through the Site, including but not limited to any information residing on any server or database connected to the Site or any products or services offered on or through the Site; (ii) use the Site or the products or services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such products or services, including but not limited to sending mass unsolicited messages or “flooding” servers with requests; or (iii) use the Site or the Site’s products or services in violation of any applicable law or the legal rights of any third party.
(d) You agree that you will not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s products or services, or any content thereof, or make unauthorized use thereof.
(e) You agree that you will not upload, post, transmit, distribute or otherwise publish through the Site or any product, service, or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site’s products or services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe the intellectual property, privacy, publicity, or other rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You alone are responsible for the content and consequences of any of your activities, both on and off the Site.
(f) You agree that you will treat our online tutors and instructors with respect and not use obscenities in the online classroom, lie about false emergencies, make threats or discuss personal matters or matters other than those related to the subject for which you seek help.
Intellectual Property
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of India. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of CRACK IB and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of CRACK IB used on or in connection with the Site, Application, Services, and CRACK IB Content are trademarks or registered trademarks of CRACK IB in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and CRACK IB Content are used for identification purposes only and may be the property of their respective owners. As a Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content.
Limitations of Liability
(a) You may be able to link from the Site to third party websites and third party websites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by our affiliates. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
(b) IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING INSTRUCTORS AND TUTORS) (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
Terms & Conditions for Tutors
This Agreement is made between:
CRACK IB and the Tutor
The following terms and conditions (the “Terms and Conditions”) govern the relationship and dealings between CRACK IB and the Tutor, and between the Tutor and any student to which the Tutor provides tutoring services (in each case, a “Student”) or any contact nominated by the Student to act on their behalf (“Named Contact”)
Tutors must not directly accept payment from the Student, Named Contact, or representative of the Student, in any instance. Any financial queries from Students should be re-directed to CRACK IB.
As a Tutor, you understand and agree that your relationship with CRACK IB is limited to being a Member with an ad hoc, temporary, short term employment contract with a fixed net remuneration. Therefore, as a Tutor, you are not entitled to any employee company benefits such as pensions etc.
The ad hoc, temporary, short term employment contract with a fixed net remuneration will be sent to the Tutor for his/her acceptance and agreement prior to the beginning of the first session of a particular Course intended to be taught by the said Tutor.
Payment to the Tutor is made at the end of each course i.e. after services have been rendered. Payment to Tutors of Indian Tax Residency is subject to TDS, covered in u/s. 194J of the Indian Income Tax Act. Payment to Tutors of Non-Indian Tax Residency is subject to TDS as per u/s. 195 under Independent Professional Services (IPS) clause of DTAA.
The Tutor is expected to make reasonable efforts to check for any changes to the Terms & Conditions each month, available at all times on the Website.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with Indian law. CRACK IB and the Tutor irrevocably submit to the exclusive jurisdiction of the Indian courts to settle any dispute which may arise under, or in connection with this Agreement or the legal relationships established by this Agreement. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Surat, Gujarat, India. The award shall be final and binding on the parties to the dispute.