These Terms & Conditions (“Terms”) of (a) use of our website www.top-one-percent.com (“Website”), our applications (“Application”) or any products or services in connection with the Application/, Website/products (“Services”) or (b) any modes of registrations or usage of products, including through SD cards, tablets or other storage/transmitting device are between Top One Percent(“We/Us/Our”) and its users (“User/You/Your”).
Please read the Terms and the privacy policy of the Company (“Privacy Policy”) with respect to registration with us, the use of the Application, Website, Services and products carefully before using the Application, Website, Services or products. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or products, the provisions of the Terms shall prevail.
Your use/access/browsing of the Application or Website or the Services or products or registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
If you do not agree with the Terms or the Privacy Policy, please do not use the Application or Website or avail the Services or products.
A. ABOUT TOP ONE PERCENT
Top One Percent is owned, managed, operated and offered by BOLD Education Private Limited, a company incorporated under the (Indian) Companies Act, 2013, having its registered office at, G – 46, Bhaktawar Ram Nagar, Near Ajit & Ajay Club, Indore – 452001, Madhya Pradesh, India (“Top One Percent”).
B. PRODUCTS AND SERVICES OFFERED BY TOP ONE PERCENT
Top One Percent provides online courses pertaining to preparation of Graduate Management Admission Test (GMAT) and Graduate Record Examination (GRE) and offers the course content with a Validity Period in various formats including audiovisuals, audio, pre-recorded audiovisuals, live audiovisuals and/or in written form in a diverse range of categories through various modes and means.
Top One Percent also offers Admissions Consultancy Services for students aspiring to pursue post-graduate programs in India and abroad. All the Products and Services offered by Top One Percent are exclusive and separate charges are applicable to each of them.
C. TERMS OF PURCHASE, SUBSCRIPTION AND ENROLLMENT
Products and Services offered by Top One Percent are chargeable. Accordingly, access to our Products and Services is offered by Top One Percent through a multi- tiered paid enrollment plan(s) or purchases; for the details of the Products and Services and applicable features along with their corresponding prices, you may inquire with Top One Percent.
The terms that are applicable to Your Purchase and Enrollment are-
Purchase and Enrollment of a Subscription Plan will allow you access only to the content available under the category of content for which you have purchased the Subscription.
The Services offered, and the validity/term of your Subscription (“Validity Period”) may vary depending on the plan you may purchase. Hence, before you proceed to purchase any Subscription, please read and understand the details of the Subscription(s) you intend to purchase. If you are unclear about any part of the Subscription offering or need further clarification, then please feel free to contact your Facilitator.
The activation key will be sent to you. The key is active on the very same day of the payment. Ideally, you should activate the key on the same day to use the course to the maximum validity.
We will not be responsible for the course not being used on a later date / or never used. The content and material provided by Top One Percent is available on the portal and not downloadable.
The Purchase and Enrollment is of a personal nature and is solely for the benefit of the person purchasing and enrolling and is not allowed to be resold by you or transferred to or shared with any other person for consideration or otherwise. In the event we get to know that any User has resold / transferred / shared the course subscription with another person, then Top One Percent retains the right to cancel/terminate/suspend the course subscription forthwith. Such cancellation/termination resulting shall not entitle you to any refund.
The course cannot be paused/stopped/resumed during the period of validity.
You are responsible for compliance with all recording laws and associated consent requirements. By using the Services, you are giving Top One Percent your consent to store recordings for any or all the Classes conducted through the Services.
You agree that You will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts Top One Percent’s networks or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property of Top One Percent (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is derogatory to any religion, caste, sex or political opinions, harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Top One Percent or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services (ix) use the Services in violation of any Top One Percent policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
If Top One Percent becomes aware or has reason to believe that you are in violation of these Terms or any other Police, then, Top One Percent reserves the right to cancel/terminate/suspend your enrollment with or without providing any notice or reason. Such termination shall not entitle you to any refund.
Top One Percent retains ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names ("Top One Percent Marks") associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Top One Percent Marks, or other proprietary information (including images, text, page layout, or form) of Top One Percent. You may not use any meta tags or any other "hidden text" utilizing Top One Percent Marks.
You acknowledge that any use of the Services contrary to these Terms, or any transfer, circulation, sublicensing, copying, recording or disclosure of the course content, technical information or materials related to the Services, may cause irreparable injury to Top One Percent, and under such circumstances, Top One Percent reserves the right to cancel/terminate/suspend your enrolment and will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
Batch Shift Policy for Live Online Class Course: Any User enrolled in the Live Online Class Course may request a shift in batch within the next 2 consecutive months from the date of enrolment. Such shift in batch shall entail a separate charge of INR 5000 and the Validity Period of the course shall remain unchanged. Please note that Top One Percent reserves the right to deny any such request with or without giving any reason for the same and the right to change or modify the charge for shift in batch for Live Online Class Course.
Top One Percent reserves the right to modify, suspend, or discontinue the Services, or any part thereof, at any time and without notice (except as required by applicable law), and Top One Percent will not be liable to you should it exercise such rights, even if your ability to use the Services is impacted by the change.
D. PRICING, PAYMENTS AND REFUNDS
Pricing and Payments: You can purchase a Course and/or a Service of your choice for any category(ies) of content by following the instructions given and making the payment applicable for the Subscription you intend to purchase. Please read the below terms applicable on the Purchase or your Enrollment. The below terms are to be read with any other terms communicated to you at the time of purchase or enrollment:
You agree to pay the full course fees and charges that are attributable to your enrollment with Top One Percent and that you are solely responsible for payment of these fees and charges. The fees are payable in full and are valid until the completion of the applicable Validity Period.
We reserve the right to pursue the fee owed to us using collection methods which may include retaining collection agencies or legal counsel.
Your payments to the Company shall be subject to applicable taxes or other similar taxes as may be applicable in your country of residence/from where you have purchased the underlying Course and/or Services.
We reserve the right to change/revise the pricing of the Courses and Services. For existing Enrollments for which the applicable fees have been already received by us, we will implement the price changes during the next billing period or renewal of the Subscription.
We further reserve the right to offer custom plans and pricing (including discounts and / or special offers) in addition to what is offered, which include offering custom billing and payment terms, that are different from our standard terms.
We use third-party payment gateways and/or aggregators to process payments applicable to the Courses and Services offered by us. Third-party payment gateway(s) made available to you may vary depending on the Subscription you choose. Similarly, we have also enabled integration of third-party payment providers to facilitate better payment options to you, which may vary depending on your territory or the Subscription you choose. Third-party payment gateways/aggregators and third- party payment providers shall collectively be referred to as “Third-Party Service Providers”.
Third-Party Service Providers may also charge you fees to use or access their services and may require your Personal Information to complete any transaction for your enrollment. Further, to facilitate completion of your payments to us through the Company or avail the payment options provided to you, you may be redirected to an external website operated by the Third-Party Service Provider. We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by the Third-Party Service Provider or its respective websites or (ii) control collection or use of your Personal Information by such Third-Party Service Provider.
In case of failure of transaction even after the deduction of the payable amount from your account, we shall wait for the Third-Party Service Provider to render the necessary assistance, which may take upto 1-7 working days. In such a situation, we would request your cooperation and patience.
You agree that you are solely responsible for all charges that occur through such Third-Party Service Providers and acknowledge and agree to indemnify, defend, and hold harmless Top One Percent, and its respective officers, directors, employees, and agents from any loss arising out of or related to the use of the Courses and Services or any purchases made through Top One Percent.
Refund Policy: Once you have enrolled and purchased the course and services, you cannot change, cancel your course plan. Once you enroll and make the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund. ANY REQUEST FOR REFUND, FOR ANY REASON WHATSOEVER, SHALL NOT BE ENTERTAINED BY THE COMPANY.
F. INTELLECTUAL PROPERTY RIGHTS
The Company owns all information and materials (in whatever form or media) provided or communicated to you by or on behalf of Top One Percent including but not limited to, the Application, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Application, logos, marks, graphics, audio files, video files, any software which is owned by Top One Percent, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to you by Top One Percent.
The copyright for all information, contents, material, text, images, graphics, video, script, and audio, contained in the Application, Website, Services and products vests in the Company by virtue of The Indian Copyright Act, 1957.
All information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services and products are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on this Application or Website or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. You may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium.
No User shall be permitted to make, transmit or store electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of the Company.
G. OUR RIGHTS
The Company reserves the right to put on-hold or reject or suspend or terminate your enrollment for the purpose of complying with the legal and regulatory requirements.
The Company reserves the right to cancel your enrollment without notice if you violate any provisions of the Terms.
The Company may modify, terminate, or refuse to provide Services at any time for any reason, without notice.
I. APPLICABLE LAW AND JURISDICTION
For all enrollments, purchases and subscriptions, Top One Percent shall be the entity rendering the Services and, accordingly, the Agreement shall be governed by and construed in accordance with the laws of India; and you agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India.
J. GENERAL PROVISIONS
Modification, Amendment or Termination: Top One Percent may, in its sole discretion, modify or revise the Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Courses, Services and/or Application post any modification of the Agreement shall be taken as your consent and acceptance to such modifications.
Force Majeure: Top One Percent shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
Miscellaneous: If any part of the Agreement is found to be unlawful, void or unenforceable, that part of the Agreement will be deemed severable and will not affect the validity and enforceability of any remaining provisions.