Last Updated: November 2020
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your access to and use of StudyGang is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use StudyGang. By accessing or using StudyGang, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access StudyGang.
Services provided at StudyGang and its original content, features and functionality are and will remain the exclusive property of StudyGang. StudyGang and all the materials available on its Website, including the related mobile site and mobile application, are the property of StudyGang and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. StudyGang is provided solely for your personal non-commercial use. You may not use StudyGang or the materials available on StudyGang in a manner that constitutes an infringement of our rights or that has not been authorized by us.
To access certain features of StudyGang, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of StudyGang, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address.
Lastly, you shall be responsible for all activities that occur under your registered user name. StudyGang reserves its right to initiate appropriate legal proceedings against you including filing an First Information Report (FIR) before any court/forum of competent jurisdiction if you violate any of our policies or the legal rights of its users.
To use certain features of StudyGang, you will need a username and password, which you will receive through StudyGang’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Our Limited License to You
Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via StudyGang, you are representing: that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. In addition, when you submit or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire”. As such, the copyright in those works shall belong to StudyGang from their creation. Thus, we shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as we determine. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire”, you hereby, without additional compensation, irrevocably assign, convey and transfer to us all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted materials which are reproductions of prior works by you shall be co-owned by us. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
StudyGang may include a variety of features, such as bulletin boards, forums, web logs, chat rooms, one to one video call, group video calls and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others.
Responsibility for what is posted on bulletin boards, forums, web logs, chat rooms, and other public posting areas on StudyGang, or sent via any email services on StudyGang, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through StudyGang. It is a condition of your use of StudyGang that you do not:
Restrict or inhibit any other user from using and enjoying StudyGang.
Use StudyGang to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide StudyGang or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide StudyGang.
Use StudyGang to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to StudyGang, or any account, computer system, or network connected to StudyGang, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through StudyGang.
Use StudyGang to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use StudyGang to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use StudyGang to post or transmit any information, software or other material that contains a virus or other harmful component.
Use StudyGang to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use StudyGang to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of StudyGang.
Purchase, download or copy any products or services from StudyGang and use it to pirate said content.
We may host message boards, chats and other public forums on our Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to the message boards, chats or other public forums in the future. StudyGang or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by StudyGang staff, StudyGang’s outside contributors, or by users not connected with StudyGang, some of whom may employ anonymous usernames. StudyGang expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of StudyGang or any of its affiliates. StudyGang has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on StudyGang. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Limitations on Linking and Framing
You may establish a hypertext link to StudyGang so long as the link does not state or imply any sponsorship of your site by us or by StudyGang. However, you may not, without our prior written permission, frame or inline link any of the content of StudyGang, or incorporate into another website or other service any of our material, content or intellectual property.
Certain sections of StudyGang may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on StudyGang or on a site linked to by StudyGang, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both, the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through StudyGang, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through StudyGang. Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through StudyGang. You agree to use StudyGang and to purchase services or products through StudyGang for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Affiliated, Linked and Use of Services by Third Party Websites
StudyGang may contain links to or use services of third-party web sites or services that are not owned or controlled by StudyGang. For example, during your visit to our site you may link to, or view as part of a frame on StudyGang pages, certain content that is actually created or hosted by a third party.
StudyGang has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that StudyGang shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of those third-party web sites or services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL STUDYGANG OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, STUDYGANG, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH STUDYGANG, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH STUDYGANG, ANY MATERIALS, PRODUCTS, OR SERVICES ON STUDYGANG, OR WITH ANY OF STUDYGANG’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING STUDYGANG AND THE PRODUCTS, SERVICES AND/OR MATERIALS. STUDYGANG IS CONTINUALLY UNDER DEVELOPMENT AND STUDYGANG MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PARTICIPANT acknowledges and agrees that no representation has been made by STUDYGANG OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in in or purchase of any product or service on StudyGang. The author and publisher disclaim any warranties (express or implied), merchantability, or fitness for any particular purpose. The author and publisher shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided “as is”, and without warranties. As always, the advice of a competent legal, tax, accounting or other professional should be sought. The author and publisher do not warrant the performance, effectiveness or applicability of any sites listed or linked to in StudyGang. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
These terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) StudyGang has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Delhi, India.
If any provision of these Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.