Terms & Conditions

Terms of Service

This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

About Us and Our Service

This Tribe Topper website is created and operated by Tribe Topper Private Limited, (hereinafter referred to as “We”, “Our”, and “Us”) a private limited company incorporated and registered under the provisions of the Companies Act, 2013 and operating under the brand name Tribe Topper.
We intend to ensure your steady commitment to the usage of this website and the services provided by us through our website www.tribetopper.com

For the purpose of these Terms of use (“Terms of use”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the website. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be users of this website and the services provided by us or the service providers and who are competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any website, platform or individual apart from the users and the creator of this website.

We offer you the services of Tribe Topper on the general condition that you agree to these terms.

ABOUT THESE TERMS OF SERVICE

Please read these terms of service (“the Terms of Service”) carefully before participating in, accessing or using any of the Services. The Terms of Service apply to the Services. By using the Services you acknowledge that you have read the Terms of Service and agree that the Terms of Service constitute a binding legal agreement between the user (“you”) and Tribe Topper. If you do not agree with the Terms of Service, you must not use the Services.

  • The use of this website is solely governed by these Terms of use, Privacy Policy that may be uploaded on the website and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a user continue to access and use this website, you are agreeing to comply with and be bound by the following Terms of use and Privacy Policy.
  • You expressly agree and acknowledge that these Terms of use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
  • We reserve the sole and exclusive right to amend or modify these Terms of use without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the website at once. Your continued use of the website will signify your acceptance of the changed terms.
  • You unequivocally agree that these Terms of use and the Privacy Policy constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the website, and that the same shall be deemed to be incorporated into these Terms of use and shall be treated as part and parcel of the same.
  • You acknowledge and agree that no signature or express act is required to make these Terms of use and the Privacy Policy binding on you and that your act of visiting any part of the website constitutes your full and final acceptance of these Terms of use and the Privacy Policy.
  • You may terminate your use of the Tribe Topper website at any time.
  • Tribe Topper may terminate these Terms of use and close your account at any time without notice and/or suspend or terminate your access to the website at any time and for any reason, if any discrepancy or legal issue arises.
  • Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
  • It is also hereby declared that we may discontinue the services and Websites without any prior notice.
Intellectual Property Rights

Unless expressly agreed to in writing, nothing contained in the Tribe Topper website herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of use that shall be available on the website.

All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Tribe Topper website or such other third party and other distinctive brand features of the Tribe Topper website are the property of the website or the respective copyright or trademark owner.

Furthermore, concerning the Tribe Topper website, we shall be the exclusive owner of all the designs, graphics and the like, related to the website.

You shall not use any of the intellectual property displayed on the Tribe Topper website in any manner that is likely to cause confusion among existing or prospective users of the website, or that in any manner disparages or discredits the website, to be determined in the sole discretion.

You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the creators.

You are aware that we merely provide the Tribe Topper website through which you can communicate with other users and the Tribe Topper website does not own any of the intellectual property relating to the independent content displayed on the website, apart from created graphics and specified content.

You are further aware that any reproduction or infringement of the intellectual property of the owners by you will result in legal action being initiated against you by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by you that the contents of this section shall survive even after the termination or expiry of these Terms of use and/or Privacy Policy.

All material on the Tribe Topper website is for individual use only and account ownership may not be transferred or shared with other people.

You may not store any significant portion of any Tribe Topper content or Tribe Topper services or materials in any form. You acknowledge that Tribe Topper and/or third¬ party providers remain the owners of the Tribe Topper content and that you do not acquire any intellectual property rights in the Tribe Topper content.

Tribe Topper website reserves its right to suspend the account of any user for an indefinite period to be decided at the discretion of the website or to terminate the account of any user who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar.

You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the website. You shall not copy, adapt, and modify any content without written permission from us.

All material on the Tribe Topper website has been developed by Tribe Topper. Tribe Topper has been developed independently from the International Baccalaureate Organization and Cambridge Assessment International Education (CIE) IGCSE, and these Organizations does not endorse the website.

Eligibility

You represent and warrant that you are competent and eligible to enter into legally binding agreements and that you have the requisite authority to bind themselves to these Terms of use or represent a minor as a legally authorised parent or guardian following the law. All acts of minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.

You further represent that you will comply with these Terms of use and all applicable local, state, national and international laws, rules and regulations.

You shall not use the website if you are not competent to contract or are disqualified from doing so by any other applicable law, rule, or regulation currently in force.

The provisions of Indian Majority Act, 1875 will prevail in regards to the definition of eligibility.

MEMBERSHIP REGISTRATION

A certain percentage of the content on the Tribe Topper website is available for free viewing without requiring any form of membership.

  • To access additional content you will be required to register as a member (“Member”) with the Site and to purchase a membership (“Membership”).
  • In order to register you will be required to provide certain information, including your full name and email address.
  • The information you provide must be true, accurate, current and complete. If the original information provided upon initial sign-up changes after this time, it is your obligation to update and correct it. If any information provided by you is not true, accurate, current or complete, Tribe Topper maintains the right to terminate your Membership and refuse any current or future access or use of the Site.
  • For security purposes, your account can only be accessed on one device at a time. Please remember we do not permit Members to share their login details. If you have been logged out of your account, please check that you are not logged in on any other device and that you have not shared your login details with anyone else.
Payment Gateway

For making all payments for purchases on the website, you shall be required to make a payment for which you will be redirected to a third-party payment gateway that we may have an agreement with.

The payment gateway may additionally seek information from you to process the payment for your payment and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options.

You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.

Information Does Not Represent Professional Advice

The material provided on the Tribe Topper website is provided as general information only.
It is not intended as professional advice and must not be relied upon as such. Prior to entering into a transaction or taking any particular course of action in connection with the Tribe Topper website, you should make your own enquiries and seek independent advice tailored to your specific circumstances and objectives.

Limitation Of Liability

We are not responsible for any consequences arising out of the following events:

  • If the Tribe Topper website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.
  • If you have fed incorrect information or data or for any deletion of data.
  • If there is an undue delay or inability to communicate through email.
  • If there is any deficiency or defect in the services managed by us.
  • If there is a failure in the functioning of any other service provided by us.
  • The Tribe Topper website accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to you, your belonging, or any third party, resulting from the use or misuse of the website or any service availed of by us through the website.
  • The service and any Content or material displayed on the service is provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability. We will not be liable to you for the unavailability or failure of the website.
  • You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into this Terms of use by reference.
  • The Tribe Topper website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the website and which is incurred by you in connection with the website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of use.
  • To the fullest extent permitted by law, we shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the website.
Communication

By using this website and providing your identity and contact information to us through the website, you agree and consent to receive calls, e-mails, or SMS from us and/or any of its representatives at any time.
You can report to support@tribetopper.in if you find any discrepancy about website or content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

User Obligations and Conduct Policy

You agree and acknowledges that you are a restricted user of this website and you:

  • Agree to provide genuine credentials whenever required on the Tribe Topper website. You shall not use a fictitious identity. We are not liable if you have provided incorrect information.
  • Understand and acknowledge that the data submitted is manually entered into the database of the website. You also acknowledge the fact that data so entered into the database is for easy and ready reference for you, and to streamline the services through the website.
  • Understand and agree that, to the fullest extent permissible by law, the website or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the website or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
  • Agree to ensure the Name, Email address, Mobile number and any such other information that may be provided and shall keep your information accurate and up to date.
  • Expressly agree and acknowledge that the Content generated by the users and displayed on the website is not owned by us and that we are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which we may then remove from the website, at our sole discretion.
  • Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the website. Any such use/limited use of the website will only be allowed with the prior express written permission.
  • Agree not to access (or attempt to access) the website and/or the materials or services by any means other than through the interface provided by the website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website will lead to suspension or termination of your access to the website. We disclaim any liabilities arising concerning such offensive content on the website.
  • Expressly agree and acknowledge that the Content generated by the users and displayed on the website is not owned by us and that we are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which we may then remove from the website, at our sole discretion.

You further agree on not to undertake any of these activities:

  • Engage in any activity that interferes with or disrupts access to the website or the services provided therein (or the servers and networks which are connected to the website).
  • Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity.
  • Probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website.
  • The user may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the website, or any other viewer of the website, including any user account maintained on the website not operated/managed by the user, or exploit the website or information made available or offered by or through the website, in any manner.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the website or any affiliated or linked Websites.
  • Use the website or any material or content therein for any purpose that is unlawful or prohibited by these Terms of use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or any other third party (s).
  • Violate any code of conduct or guideline which may apply for or to any particular service offered on the website.
  • Violate any applicable laws, rules, or regulations currently in force within or outside the territory of India.
  • Violate any portion of these Terms of use or the Privacy Policy, including but not limited to any applicable additional terms of the website contained herein or elsewhere, whether made by amendment, modification or otherwise.
  • Commit any act that causes us to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the website.

You hereby expressly authorize us to disclose all information relating to you in our possession to law enforcement or other government officials, as we may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property.

You further understand that the website might be directed to disclose any information (including the identity of persons providing information or materials on the website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.

By indicating your acceptance to use any services offered on the website, you are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.

You agree to use the services provided by us, our affiliates, consultants and contracted companies, for lawful purposes only.

You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the registration and debar you from using the website without prior intimation whatsoever.

You agree not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services.

More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

  • Belongs to another person and to which you have no right to
  • 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
  • Is in any way harmful to minors
  • Infringes any patent, trademark, copyright or other proprietary rights
  • Violates any law for the time being in force
  • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing
  • Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Publish, post, disseminate, any grossly harmful information, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986
  • 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

Any activity if reported against you concerning this clause shall attract suspension of services and strict legal actions.

Termination and Suspension

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the website, and/or refuse to the usage of the website, without being required to provide you with notice or cause.

Tribe Topper may terminate or suspend with immediate effect and without notice your access to and use of the Services as a Member, for any reason, and, in particular if we:

  • Believe you have shared your account with another student, person or entity.
  • If you are in breach of any of these Terms of use or the Privacy Policy.
  • Are unable to verify the accuracy or validity of any information provided by you; o
  • Or Suspect fraudulent, abusive or illegal activity by you.
  • Tribe Topper may come to a conclusion which will result in termination or suspension even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded and even if our opinion or suspicion proves not to be well-founded.
  • If Tribe Topper deems user conduct to be unsuitable, the Company may, of its own volition, choose to terminate any licence or permission previously granted to a user.
  • You may cancel your Membership at any time but under no circumstances will Tribe Topper provide a refund of any payment(s)
  • We reserve the right, in its sole discretion, to unilaterally terminate your access to the website, or any portion thereof, at any time, without notice or cause.
  • We also reserve the universal right to deny access to you, to any/all of are on its website without any prior notice/explanation to protect the interests of the website and/or other users to the website.
  • We reserve the right to limit, deny or create different access to the website and its features concerning different users, or to change any of the features or introduce new features without prior notice.
  • You shall continue to be bound by these Terms of use, and it is expressly agreed to by you that you shall not have the right to terminate these Terms of use till the expiry of the same.
Indemnity

You agree to indemnify, defend and hold harmless Tribe Topper, and our respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of use.

Further, you agree to shield us against any claims made by any third party due to, or arising out of, or in connection with:

  • Your use of the website.
  • Your violation of these Terms of use.
  • Your violation of any rights of another.
  • Your alleged improper conduct according to these Terms of use.
  • Your conduct in connection with the website.

In no event shall we be liable to compensate you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the website and/or the services or materials contained therein.In no event shall we be liable to compensate you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the website and/or the services or materials contained therein.

Force Majeure

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of god, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

Dispute Resolution and Jurisdiction

It is expressly agreed to by you hereto that the formation, interpretation, and performance of these Terms of use and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms of use and/or Privacy Policy.

Arbitration

In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Chandigarh, India.

You expressly agree that the Terms of use, Privacy Policy and any other agreements entered between the Parties are governed by the laws, rules, and regulations of India.

Miscellaneous Provisions

Entire Agreement

These Terms of use, read with the Privacy Policy, form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.

Waiver

The failure at any time to require performance of any provision of these Terms of use shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of use.

Severability

If any provision/clause of these Terms of use is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of use shall be valid and enforceable to the fullest extent permitted by law.

In such case, these Terms of use shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

Contact Us

If you have any questions about these Terms of use, the practices of the website, or your experience, you can contact us by emailing at admin@tribetopper.in

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