PLEASE READ CAREFULLY BEFORE [DOWNLOADING AND/OR ACCESSING ANY CONTENT OR SERVICES ON THE ACETUTE PORTAL]
These terms of service ("Terms") govern your use of the user interface, mobile application, the services (including but not limited to providing online tutorials, demonstrations, conducting interactive sessions, online tests for the users and study material for consumption) and software (referred as “AceTute portal”) we provide from time to time through (the www.acetute.com ) and any updates or supplements to it as may be done from time to time.
We, ACETUTE LIMITED of c/o Riverbank House, 2 Swan Lane, London, United Kingdom ("AceTute”, "we", "us" and "our") are the owners of the intellectual property rights in relation to the content and the services provided by us through the AceTute portal. You can contact us by emailing us in writing to email@example.com
AGE RESTRICTION AND CHILD SUPERVISION
YOU MUST BE AT LEAST 18 (EIGHTEEN) YEARS OF AGE TO CREATE AN ACCOUNT ON THE ACETUTE PORTAL. IN THE EVENT YOU DO NOT FULFIL THE MINIMUM AGE REQUIREMENT, YOUR PARENT OR GUARDIAN SHALL CREATE AN ACCOUNT ON YOUR BEHALF. PLEASE NOTE THAT ALL THE TERMS AND CONDITIONS SHALL BE ACCEPTED BY THE PARENT OR THE GUARDIAN ON BEHALF OF THEIR CHILD / WARD AND SUCH TERMS AND CONDITIONS SHALL BE BINDING ON THE CHILD / WARD. IT SHALL BE DEEMED THAT THE TERMS AND CONDITIONS HAVE BEEN EXPLAINED BY THE PARENT OR GUARDIAN TO THEIR CHILD / WARD AND SUCH CHILD / WARD HAS UNDERSTOOD THE SAME. FURTHER, YOUR PARENT OR GUARDIAN MUST CONSENT TO YOU DOWNLOADING AND/OR USING THE ACETUTE PORTAL INCLUDING ACCESSING ANY CONTENT ON THE ACETUTE PORTAL. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO DOWNLOAD, USE AND/OR ACCESS ANY CONTENT ON THE ACETUTE PORTAL, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF YOUR CHILD'S ACTIONS AND AGREE THAT ANY PAYMENTS AUTHORISED BY YOUR CHILD WILL BE YOUR SOLE RESPONSIBILITY.
1. Important Notices
1.1 Please read these Terms carefully before accessing or using the AceTute portal. By using the AceTute portal, and/or indicating your acceptance when they are presented to you, and/or using any of our services with or without any payment of fees, shall indicate that you have read, understood and agreed to these Terms.
1.2 These Terms constitute a valid and a binding legal agreement between you and AceTute in connection with your use of the AceTute portal. If you do not agree to these Terms, you must not use the AceTute portal.
1.3 The terms contained in the section titled 'Disclaimer' and 'Your Liability' are particularly important.
1.4 The AceTute portal is intended for your personal non-commercial use only, and that is the limit of your licence to use it.
1.5 Your access to and use of the AceTute portal is also governed by our privacy and cookie notice located at Privacy and Cookie notice or available through the AceTute portal ("Privacy Notice").
1.6 By availing our services, you indicate that you have conducted a background check about the content available on the AceTute portal and you undertake that you shall not raise any dispute in relation to the same.
1.7 We recommend that you keep a copy of these Terms and the Privacy Notice for your future reference. Please note that these Terms may be updated from time to time in accordance with clause 3.
2. Additional terms for specific features of the AceTute portal
2.1 In addition, your use of the AceTute portal will be governed by the following terms and conditions:
3. Changes to these Terms
3.1 We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised version of these Terms through the AceTute portal. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.
3.2 Your use of the AceTute portal following any changes to these Terms will constitute your acceptance of such changes. The "Last Updated" legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the AceTute portal charge, modify or waive any fees required to use any part of the AceTute portal; or offer opportunities to some or all AceTute portal users.
4.1 Account Creation
4.2 In order to use certain features of the AceTute portal, you must register for an account with us ("Account") and provide certain information about yourself (including but not limited to your email, address, date of birth, gender and such other information) as prompted by the Account registration form. You must be at least 18 (eighteen) years of age to create an Account on the AceTute portal. We will use any such information in accordance with our Privacy Notice. You agree that you have no ownership or proprietary interest in your Account. Accurate and up-to-date Information: the registration
The registration information you submit must be truthful, accurate and complete. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will update that information on your Account. If any information you provide is or becomes untrue, inaccurate, or incomplete, AceTute has the right to suspend and/or terminate your access to and use of your Account and the AceTute portal. AceTute reserves the right to verify any information provided by you through any third-party sources.
4.3 What to do if you want to delete your account?
You can delete your Account at any time, for any reason, by emailing us at firstname.lastname@example.org with the subject "Close My Account".
4.4 You are responsible for your Account
You are responsible for maintaining the confidentiality of your Account log-in information, including your username and password. You must not share your Account log-in information with any third party. Accordingly, you are responsible for all activities that occur under your Account or through the use of your username and password directly.
4.5 Your username and password
You are responsible for ensuring that any username you select does not infringe any third party rights or is unlawful. Your selection and use of a particular username does not give you any ownership or rights in that username. AceTute may refuse to grant you a username in its sole discretion for any reason, including, without limitation, if it is illegal or offensive, if it impersonates or implies an association with another person
4.6 What to do if you become aware of, or suspect, unauthorised use of your Account?
You must promptly change your password and notify us via email at email@example.com if you suspect or become aware of any unauthorised use of your Account or any other breach of security.
4.7 Prohibition on use of another Account
You may not use anyone else’s account or permit anyone else to use your Account for any reason, at any time. You agree that AceTute will not be liable to you for any loss you may incur as a result of someone else using your Account. You also agree that you will be liable for any loss that AceTute or any third party may incur as a result of someone else using your Account, whether or not you were aware of such use.
4.8 Account suspension or termination
You agree that AceTute has the right in its sole discretion to suspend or terminate your access to and use of your Account and the AceTute portal (or any part thereof) for any reason at any time.
5.1 AceTute shall list various courses (‘Courses”) on the AceTute portal on the basis of its understanding of the syllabus prescribed by various boards and the syllabus has not been created for any specific board. The details about the Courses, including but not limited to the subject, topic, number of sessions, mode of conduct and time slots of the lectures shall be posted on the AceTute portal.
5.2 The content on the AceTute portal is not a substitute to the syllabus provided by the educational institutions but is aimed to supplement the same. AceTute shall not be liable for the accuracy of the Courses available on the AceTute portal;
5.3 Availing the Courses does not in any manner assure success in any examination or does not guarantee admission in any educational institution.
5.4 AceTute does not grant you any other express or implied rights or licence in or to AceTute portal, the content therein, the Courses and all right title and interest that AceTute has in the AceTute portal, the content therein and the Courses not explicitly granted to you by AceTute or its licensors are retained by AceTute or its licensors. The entire content including the Courses available on the AceTute portal shall remain the exclusive property of AceTute at all times.
5.5 You acknowledge that you have no right to have access to the AceTute portal in source code form or in unlocked coding or any other human-readable form.
5.6 AceTute reserves the right to modify, suspend or discontinue any Course listed on the AceTute portal at any time. You agree that AceTute shall not be liable to you or any third party for any modification, suspension or discontinuation of any Course listed on the AceTute portal.
6.1 Your right to use the AceTute portal is subject to the restrictions listed below. Except as expressly set out in these Terms or as permitted by any local law, you undertake:
(a) not to use the AceTute portal for any commercial purpose, or for any purpose that is fraudulent or otherwise unlawful;
(b) to comply with our Acceptable Use Policy (see below);
(c) not indulge in any illegal activities such as hacking, gambling etc. or using abusive language or comments directed towards any individual.
(d) not to infringe our rights, including our intellectual property rights;
(e) not to rent, lease, sub-license, loan, distribute, time-share, translate, merge, adapt, vary or modify the whole or any part of the AceTute portal;
(f) not to reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the AceTute portal, including without limitation for public or commercial purposes, including any text, images, audio and video;
(g) not to copy the whole or any part of the AceTute portal, except where such copying is incidental to the normal use of the AceTute portal for its intended purposes, or where it is necessary for the purpose of back-up or operational security;
(h) not to make alterations to, or modifications of, the whole or any part of the AceTute portal, or permit the AceTute portal, or any part of it to be combined with, or become incorporated in, any other product or service;
(i) not to remove any copyright, trademark or other proprietary rights notices from the AceTute portal, and to include our copyright notice on any copies you make of the AceTute portal on any medium;
(j) not to disassemble, decompile, reverse-engineer, derive any code or algorithms or create derivative works based on the whole or any part of the AceTute portal or attempt to do any such thing except to the extent such activities are permitted under applicable law;
(k) not to sell, resell, link to, exploit, provide or otherwise make available the whole or any part of the AceTute portal (including object and source code), in any form to any person without prior written consent from us; and
(l) not to assist, permit or encourage any third party to give effect to the above.
7. Intellectual Property Rights
7.1 The AceTute portal (including all information and materials that we provide on or through the AceTute portal, including without limitation any data, text, pictures, graphics, audio, video, icons, games, software and upgrades, links and other content and features, and any upgrades, enhancements and/or modifications thereto) is protected by and embodies copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, and other intellectual property and proprietary rights (together, "Intellectual Property Rights" ).
7.2 You acknowledge that the AceTute portal and the Intellectual Property Rights embodied in or relating to it anywhere in the world are and will remain the property of AceTute Limited and/or its licensors, and that you have no rights in, or to, the AceTute portal other than the right to use the AceTute portal in accordance with these Terms.
8. User Content
"User Content" means any and all information and content or materials such as text, graphics, images, music, sound effects, photographs or other materials that you submit, post or transmit on or using the AceTute portal, including through any ratings, comments, blogs, forums, email or other features. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or use by others, or any disclosure of your User Content that personally identifies you or any third party. You agree that you own all User Content that you post and that you do not need any permission from any third party to post your User Content. You agree that you will not misrepresent the source, identity or content of any information sent, posted, transmitted or made available via the AceTute portal (such as claiming that you own or created User Content or other work that is not actually yours).
8.1 How User Content cannot be used
You confirm and promise to us: that your User Content does not and will not violate our Acceptable Use Policy (see below at the section titled Acceptable Use Policy). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by AceTute. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.
8.2 Backing up User Content
AceTute is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice – accordingly we recommend you store and backup copies elsewhere. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
8.3 Licence for AceTute to use your User Content
So that we can operate the AceTute portal, and host and display your User Content, including by incorporating your User Content into the AceTute portal, you grant (and confirm and promise to us that you have the right to grant) us a licence to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content on the basis that such licence is:
(a) irrevocable – once agreed, you cannot remove or restrict our right to use your User Content as described above;
(b) non-exclusive – you and, if you let them, other people can use your User Content;
(c) royalty-free and fully-paid – we don’t have to pay you or any other party (either now or in the future) to use your User Content in the fashion described above;
(d) worldwide – we can use your User Content in the fashion described above anywhere in the world; and
(e) sub-licensable – you allow us to authorise other businesses and individuals to use the licence described above, for the purposes of including your User Content as part of the AceTute portal
8.4 Moral rights waiver.
You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
8.5 Do not send us confidential information in User Content
Please note that the User Content you provide to us or make available on or through the AceTute portal will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary. You acknowledge that your communications with other users via the AceTute portal are public and not private communications, and that you have no expectation of privacy in respect of such communications. Any personal data you submit via ratings, comments, blogs, forums, email or other features of the AceTute portal may be seen and used by other users. We strongly encourage you not to disclose your personal data via such ratings, comments, blogs, forums, email or other features. AceTute is not responsible for any information (including personal data) you communicate in this way.
You agree that we have no obligation to monitor User Content that you or any other person provides or makes available on or through the AceTute portal. However, you agree that we may in our absolute discretion, monitor, alter, remove or refuse to post any such User Content for any reason. The opinions expressed in User Content reflect solely the opinion(s) of the user and do not necessary reflect the opinion(s) of AceTute. We are not responsible for the accuracy, truthfulness or completeness of any User Content and we will not be liable to you for any loss or damage caused by your reliance on such User Content. Further, you agree that you are responsible for obtaining and have obtained any and all necessary authorisations, consents and permissions, including from any third party, to the extent that you submit, post, transmit or otherwise process your User Data.
9. Acceptable Use Policy
9.1 Protection of our reputation and third party rights
You agree not to use the AceTute portal in any way:
(a) that violates any third-party right, including any Intellectual Property Rights;
(b) that is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
(c) that is harmful to minors in any way; or
(d) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
9.2 You agree while using the AceTute portal that your conduct shall be in compliance with and guided by the Dos and Don’ts prescribed on the AceTute portal. By using the AceTute portal, you indicate that you have clearly understood the Dos and Don’ts prescribed by AceTute.
9.3 Protection of our systems
In addition, you agree not to:
(a) upload to, transmit, distribute, or otherwise make available through the AceTute portal any computer viruses, worms, Trojan horse, time bomb, spyware, robots, bots, spiders or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any computer system, hardware, software, equipment or data;
(b) send through the AceTute portal unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(c) use the AceTute portal to harvest, collect, gather or assemble information or data regarding other users, including email addresses, passwords or geo locations, without their consent or otherwise systematically download and store Site content;
(d) use any features of the AceTute portal for anything other than their intended purpose, including exploiting any glitches for personal gain;
(e) interfere with, disable, disrupt, or create an undue burden on servers or networks connected to the AceTute portal, or violate the regulations, policies or procedures of such networks;
(f) attempt to gain unauthorized access or provide automated access to or use of the AceTute portal (or to other computer systems or networks connected to or used together with the AceTute portal]), whether through password mining, unauthorised scripts, scrapers or offline readers or any other means;
(g) attempt to impersonate another person or entity, including (without limitation) any representative of AceTute;
(h) stalk, harass, interfere with, restrict or inhibit any other user’s use and enjoyment of the AceTute portal, including by bullying, grieving, shouting, flooding or using excessively large images so that the screen goes by too fast to read;
(i) interfere with or disable any security-related features of the AceTute portal;
(j) make improper use of our support services, including by submitting false abuse reports; or
(k) assist, permit or encourage any person to perform any of the activities described above.
We reserve the right to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. The action we take will be determined by us acting in our sole discretion. Examples of action that we might take could include terminating these Terms and your right to use the AceTute portal, and/or reporting you to law enforcement authorities or relevant rights holder.
10. Privacy Notice
We desire to protect the privacy and information of all our Users and therefore have a separate detailed Privacy Notice in this regard.
11. Payment Terms
AceTute shall charge some amounts for the Courses that it offers. Such amounts shall be paid by you in accordance with the Payments and Refunds Policy. Refunds of amounts, if any, shall be made by AceTute in accordance with the Payments and Refunds Policy
12.1 If you provide AceTute with any feedback or suggestions regarding the AceTute portal ("Feedback"), you hereby transfer to AceTute all rights in such Feedback. You also agree that AceTute shall have the right to use and fully exploit such Feedback and related information in any manner it considers appropriate.
12.2 Do not send us confidential information or personal data in Feedback: Please note that the Feedback you provide to us will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary.
13.1 The AceTute portal is provided "as is" and, to the extent permitted by applicable law, we, and our directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in the AceTute portal will be uninterrupted or error free, that defects will be corrected or that AceTute portal or its content are free of viruses or other harmful components. You acknowledge that your access to the AceTute portal may by interrupted for scheduled or emergency maintenance purposes, to fix bugs, or for security reasons. Access to the AceTute portal may also be interrupted for reasons outside of AceTute’s reasonable control.
13.2 If you are acting as a consumer and have paid for the AceTute portal, AceTute is obliged to ensure that it is fit for purpose, as described, and of satisfactory quality.
13.3 You acknowledge that internet transmissions are never completely private or secure. AceTute cannot guarantee the confidentiality and integrity of any documents or information sent or received via the AceTute portal once they are outside of AceTute’s firewalls. This means that any document, message or information you send using the AceTute portal may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
13.4 Without limitation to the preceding paragraphs, you may contact us at firstname.lastname@example.org if you have support queries. We will make reasonable efforts to deal with your queries.
13.5 We attempt to ensure that information provided on or in connection with the AceTute portal is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or maintenance of such information, including all descriptions, images, references, features, content, specifications, products and prices through, or of, the AceTute portal. Such information is also subject to change at any time without notice. The inclusion of any products or services in the AceTute portal at a particular time does not imply or warrant that these products or services will be available at any time.
13.6 Our responsibility for loss or damage suffered by you
(a) We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both, we and you, knew it might happen.
(b) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
(c) When we are not liable for damage to your property. We will not be liable for any damage or loss that will be caused to your property while using the AceTute portal or otherwise.
(d) We are not liable for business losses. The AceTute portal is for domestic and private use. If you use the AceTute portal for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(e) Limitations to the AceTute portal. AceTute is not authorised by any examination board, school or education authority in the UK or in India. The AceTute portal is provided for general information and entertainment purposes only. The AceTute portal has not been built for any specific examination board or academic curriculum. The AceTute portal does not replace any literature or revision material published by any schools, education authorities or otherwise. You should not seek to rely solely on AceTute portal for revision purposes. The AceTute portal does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the AceTute portal. Although we make reasonable efforts to update the information provided by the AceTute portal, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
(f) Please back-up content and data used with the AceTute portal. We recommend that you back up any content and data used in connection with the AceTute portal, to protect yourself in case of problems with the AceTute portal.
(g) Check that the AceTute portal are suitable for you. The AceTute portal has not been developed to meet your individual requirements. Please check that the facilities and functions of the AceTute portal (as described www.acetute.com) meet your requirements.
(h) We are not responsible for events outside our control. If our provision of the support for the AceTute portal is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for any delays caused by any event outside our control.
14. Your Liability
You agree to compensate us for any claims, losses, liabilities, damages, costs and expenses (including legal costs and expenses) reasonably incurred by us that arise out of your use of the AceTute portal in breach of these Terms. We reserve the right to assume the exclusive defence and control of any claim brought by a third party in connection with your use of the AceTute portal Availability.
14.1 We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the AceTute portal without notice for valid commercial reasons without liability to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes.
14.2 You also acknowledge that unplanned system outages may occur
(a) The content available on the AceTute portal is provided over the Internet and so the quality and availability of the AceTute portal may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the AceTute portal or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned.
(b) In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the AceTute portal, and for paying any data charges that may be charged to you by your network provider in connection with your use of the AceTute portal.
15. Terminating these Terms
15.1 We may terminate these Terms (including the rights and licences granted to you) immediately by a notice to you for any reason, including if you commit a material or persistent breach of these Terms.
15.2 Upon such termination for any reason:
(a) all rights granted to you under these Terms shall cease;
(b) you must cease all activities authorised by these Terms;
(c) we may cease providing you with access to the AceTute portal and your Account; and
(d) you will not be compensated for any time you have spent using the AceTute portal.
16. Communications between us
16.1 How can you contact us?
If you wish to contact us in writing, or if any provision of these Terms requires you to give us notice in writing, you can send this to us by email to email@example.com
16.2 How we may contact you?
If we have to contact you or give you notice in writing, we will normally do so by email to an email address you have provided while creating the Account, or through the AceTute portal.
16.3 Other important terms
(a) We may transfer these Terms to someone else
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms. You may not transfer your rights or obligations under these Terms to anyone else without our prior written consent.
These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
(c) If a court finds part of these Terms unlawful or unenforceable, the rest will continue in force
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
(d) Even if we delay in enforcing these Terms, we can still enforce them later
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
(e) These Terms and our Privacy Notice are the entire agreement between you and AceTute relating to the subject matter in these Terms and our Privacy Notice. They supersede any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
(f) Dispute Resolution Policy
AceTute has a separate Disputes Resolution Policy which may be referred to by you. Any disputes or claims arising out of or in connection with the use of the AceTute portal shall be settled in accordance with the Disputes Resolution Policy.