Your registration, purchase, enrollment in and use of software products, services and events ("Programs") offered by Oztern Technology (P) Ltd ("Oztern"), including your access to oztern.com, and their respective subdomains (the “Site(s)”), Oztern offline programs such as pen drive apps, downloadable apps and Oztern mobile apps (the “App(s)”), are subject to these terms and conditions (“Terms”). Your purchase or enrollment in a Program for use by another (for example, a parent purchasing for a child) these Terms govern both You and other(s) who use the Program you purchase (collectively, “You”). You agree to bound by the Terms, which is an agreement between Oztern and You.
Children:Children under the age of 13 are not permitted to purchase or enroll in Programs. Children may provide information to Oztern and participate in Programs only with consent of a parent or guardian.
Program Fees:You agree to make full payment for Programs in the amount(s) listed in your shopping cart, the order confirmation email You will receive, or as communicated by Oztern representatives during registration. Standard shipping and handling charges apply for Pen Drive Purchases. You must complete payment prior to the commencement of the Program.
Guarantee:Select Oztern Programs offer a High Score Guarantee (HSG) as mentioned in the website. The Guarantee provides extension of select Program by 1 year since the date of expiry free of any additional cost. The Guarantee is applicable only on the score as pre-determined by Oztern for the select Program. Eligibility of such guarantee is only on purchase of and enrollment to the select Program only.
All Sales/Purchases are Final:Oztern may offer free trial of Programs so You can preview Programs prior to purchase. All sale and purchases of Programs are final. The Programs of Oztern are downloadable software and so Oztern does not accept return or refund of Programs after purchase. Once You purchase Programs and Oztern makes it available to You, You are responsible for using the Programs. The Programs provided by Oztern and non-returnable and non-refundable.
All Programs, including Sites and Apps, are owned by Oztern and its licensors. Programs are for Your personal and non-commercial use only. You may not enroll in or use any Program for the benefit of any competitor of Oztern. Programs may not be shared, re-sold, reproduced, re-published, modified, transferred or distributed in any way without Oztern’s prior written permission. All books, video, audio, text, questions, explanations, diagrams, images, animations and other content that You receive or to which You have access after purchase or during trial, regardless of medium or format, (collectively, “Program Content”), are protected by copyright law and belong to Oztern and its licensors. You may not download, record, screenshot, copy or reproduce Program Content in any way. You may not make any audio and/or video recording of a class or any part of the Program. You may not attempt to decompile, reverse engineer, scrape or data mine Programs. The trademarks, service marks, designs, and logos displayed in Programs are the registered and unregistered trademarks of Oztern, Oztern's licensors and Third Party Sellers and may not be used without Oztern’s prior, written permission. Third Party Products are owned by such Third Parties and their respective licensors.
Programs may include digital access to Program Content. Subject to your compliance with these terms and conditions, Oztern grants You a limited, personal, non-exclusive, revocable and non-transferable license to access Program Content during the access period of your Program. Access periods may be viewed from the account management page of your Oztern online account.
Links:You may be able to link from the Site to third party websites and third party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that Oztern has no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of Oztern. Links to Linked Sites do not constitute an endorsement or sponsorship by Oztern.
User Content:If You submit comments, photos and other content (“User Content”) to Oztern through Site(s), social media communities, survey responses, email or otherwise, You grant us an irrevocable, royalty-free, perpetual, transferable, licence to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User Content with your name and/or likeness. You are solely responsible for your User Content. You represent that You have the right to submit User Content to us and the right to grant us the license described above. You warrant that User Content, and our use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.
Copyright Policy:If you are a copyright owner or agent thereof and believe that content on the Site(s) infringes upon your copyright, please submit notice, pursuant to The (Indian) Copyright Act, 1957 pursuant to the amendments in 1999, 2002 and 2012, to Oztern with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (VI) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Passwords:When You set up a Oztern account, You must choose a password. You are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree not to disclose your password to any third party. Oztern has the right to terminate your account in case any of the terms mentioned herein are infringed by You at our sole discretion without notice to You.
Mobile Devices, Phone Calls and SMS:
If You provide Oztern with a telephone number, when You register, purchase, enroll in or use a Oztern Program, You agree that Oztern may contact You about your Program and about other Programs and opportunities by telephone and/or text message utilizing automated technology at such telephone number(s). You understand that this consent is not required to purchase goods or services from Oztern. If you wish to stop receiving SMS messages, write to email@example.com
Programs may offer Content and service that are available through a mobile device. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Program Changes:Oztern frequently updates, revised and modified Programs, including Program Content, features and services (“Program Changes”). Oztern reserves the right to make changes to Program Changes at any time, subject to such changes not materially degrading the Program.
Tutoring Policies:If You purchase a tutoring Program, the schedule is based on a study planner by Oztern. For tutoring, students under the age of eighteen must have consent from a parent, guardian, or other responsible adult present.
Technical Requirements:You will be responsible for meeting and maintaining the minimum technical requirements for your selected purchase in order to access certain features of your Program. Access to Programs may require internet access, for which Oztern is not responsible.
Student Code of Conduct:Oztern may remove from Programs students whom Oztern deems in its discretion to be disruptive to the learning environment, dangerous to other students or faculty, have failed to comply with the health and safety policies, have acted in a manner that shows lack of dignity and respect for faculty and/or students, violated any intellectual property rights of Oztern or others, or have engaged in academic misconduct, such as cheating or violating confidentiality. Students removed from Programs for violations of the Code of Conduct are not eligible for refunds or eligible to purchase other Programs by Oztern. The Student Code of Conduct is applicable across all trial or purchased students irrespective of location.
Disclaimer and Limitation of Liability:PROGRAMS ARE PROVIDED “AS IS” AND OZTERN DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. IN NO EVENT SHALL OZTERN BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF OZTERN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OZTERN’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU FOR YOUR PROGRAM.
Arbitration and Class/Collective Action Waiver
Any and all disputes arising from or related to this Agreement, including whether the dispute is arbitrable and the scope of this arbitration agreement, shall be finally resolved by arbitration administered by a single arbitrator under the then-applicable rules of arbitration in India in accordance with the Arbitration and Conciliation Act 1996 (amended in 2015). The arbitration shall be governed by and construed by state law to the fullest extent possible. Unless otherwise explicitly agreed by the parties, the arbitration shall take place in Trivandrum.
To the maximum extent permitted by law, should You wish to initiate a legal action against Oztern in arbitration, You waive any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Oztern or a related entity is a party. The same applies to Oztern's legal actions against You. Thus, You and Oztern agree that each may bring claims in arbitration against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class. Further, unless both You and Oztern agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over a representative or class proceeding.
Tax:Purchase of Programs is subject to taxes as applicable in India. Tax rates are different from state to state. You are responsible for paying all such taxes.
Consent and Release
These Terms supersede all prior oral or written agreements and constitutes the entire agreement between the parties. Terms cannot be changed or modified orally. If any provision of Terms is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of Terms shall continue in full force and effect.
Contact:All comments, queries and requests relating to these Terms and Conditions are welcomed and should be addressed as follows:
By mail: Oztern Technology Pvt Ltd, A-18 & 19, First Floor, Gayathri Building, Technopark, Trivandrum, Kerala- 695581
By email: firstname.lastname@example.org