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.
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.
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.
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.
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.
A certain percentage of the content on the Tribe Topper website is available for free viewing without requiring any form of membership.
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.
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.
We are not responsible for any consequences arising out of the following events:
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.
You agree and acknowledges that you are a restricted user of this website and you:
You further agree on not to undertake any of these activities:
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:
Any activity if reported against you concerning this clause shall attract suspension of services and strict legal actions.
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:
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:
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.
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.
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.
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.
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
© Copyright – Tribe Topper 2023
Tribe Topper has been developed independently of the IBO & Cambridge International, and is not endorsed by them in any way.