Terms of Service
cacharya.com (hereinafter, the ‘Website) and Cacharya - CA CPT IPCC Final (hereinafter, the ‘Application’) is owned and operated by Durust Private Limited, (hereinafter the ‘Company’), having its registered office at No. 167, 3rd Floor, 5th A Main, MICO Layout, BTM 2nd Stage, Bangalore, Karnataka, India - 560076.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon Your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
The term ‘You’ ‘Your’ ‘User’& ‘Customer’ shall mean any legal person or entity accessing, uploading, or downloading the content or using services provided on this Website/Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
The terms ‘We’, ‘Us’, ‘Our’ shall mean the Company, as the context so requires.
“Third Party” refers to any person other than the “User”, “Company”, or the “Website/Application”.
“Content” includes all materials including but not limited to study material, question papers, research work, and notes about including but not limited to Chartered Accounting Course, tax, company secretary ship, GST.
The Website/Application is a platform which offers services by providing Content for the course including but not limited to Chartered Accountant, tax, company secretary ship, GST. The User can upload and/or download the Content from the Website/Application. The Content can be uploaded in the form including but not limited to PDF, word document, excel, audio, images. The payment for the uploader will be made when the uploader has balance amount of up to a minimum of Rs.1000 (Rupees Thousand only). The Website/Application will have a commission of 30% for all the payments made to access the uploaded content. Remaining 70% is uploader's earning. This division is on the amount after tax. The Website/Application can also purchase the content from the uploader for a particular amount agreed by both the parties. The Content of the Website/Application can be downloaded for free, however, some of the Content is not free, and can be downloaded only after making the required payment.
How does the Website/Application operate?
Registration is not mandatory to use the Website/Application; however, the User should register to upload or download any paid Content. While registering including but not limited to name and email id is collected from the User. A sample preview of a paid Content may be visible in the Website/Application based on which the User can decide to pay for the rest of the file. After the user makes the payment, User gets access to the paid Content for one (1) month. In order to promote themselves, has a concept called the virtual balance, where the Users will have a virtual balance under the name Cacharya Balance and this virtual balance can only be used by the User to pay for the content on the Website/Application.
The browsing and the use of the Website/Application are free; however, some Content can be accessed only by making the required payment. We reserve the right to amend the fee policy and charge Users for the use of the Website/Application, the Content and for availing its services. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. User should have subscribed also to receive the intimation. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
The Website/Application does not provide any refund to the User. The User is solely responsible for the Content the user chooses to pay. The Website/Application does not entertain any refund.
The Website/Application uses Third-Party payment gateway “Paytm” to handle the financial transactions on the Website/Application. Currently the Website/Application has only one Third-Party payment gateway in the near future the Website or the Application has the right to amend and add additional Third-Party Gateways. The Website/Application is not responsible for these Third-Party services. Such services are dependent on the respective Third Party's legal terms. The billing details provided during payment should be up-to-date, such as the billing address and the User's name. Payment information on the Website/Application of Users Using Our services is stored in the database for the respective Website/Application as encrypted Using basic encryption which can be decrypted to reveal the original information. This information is provided to Us by the Third-Party payment gateway services We Use to provide online payment functionality, and hence, may contain certain personal information.
We are not responsible for what information is sent to Us and stored as this is sent to Us by a Third Party and We cannot control the information sent. However, storage of this information is necessary for legalities and auditing as Well as for verification and more.
The User undertakes to fulfill the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your registered account or user profile and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
You agree to comply with all local laws and regulations governing the use of the Website/Application and its services, including, without limitation, any usage rules set forth in this Terms of Service.
You understand and agree that You will be liable for any damage or loss caused by Your Content uploaded to the Website/Application and that such damage or loss will also be borne by You. The Company shall in no whatsoever condition be held responsible for any violations caused by Your Content.
You undertake not to:
Cut, copy, distribute, modify, recreate, post, publish or create derivative works from, transfer, or sell any information or content obtained from the Website/Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained.
Access (or attempt to access) the Website/Application and/or the Contents or Services offered on the Website/Application by any means other than through the interface that is provided by the Website/Application. 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/Application or Content, or to obtain or attempt to obtain any materials, documents or information, or contents through any means not specifically made available through the Website/Application is prohibited. You acknowledge and agree that by accessing or using the Website/Application, You may be exposed to content from other Users or Third Parties Ads that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/Application. Further, You may report against such offensive contents to Us.
Use the Website/Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party's use and enjoyment of the Company’s services; or (iii) the contents of any Third Party.
Use the Company’s Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft.
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others.
Engage in any activity that interferes with or disrupts access to the Website/Application or the Company’s Services (or the servers and networks which are connected to the Website/Application).
Upload or distribute files and contents that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Application.
Download any file or content posted in the Website/Application that you know, or reasonably should know, cannot be legally distributed in such manner.
A probe, scan or test the vulnerability of the Website/Application, or any network connected to the Website/Application, nor breach the security or authentication measures on the Website/Application, or any network connected to the Website/Application. You may not reverse look-up, trace or seek to trace any information on any other user, or visitor of the Website/Application, or exploit the Website/Application or information or contents made available or offered by or through the Website/Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/Application.
Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Application, systems resources, servers or networks connected to or accessible through the Website/Application, or any affiliated or linked Website/Applications.
Use the Website/Application, or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes Our rights, or the rights of other Third Parties.
Violate any applicable laws or regulations for the time being in force within or outside India.
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service provided by Us.
Threaten 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 offense or prevents investigation of any offense or is insulting any other nation.
Disseminate information through the Website/Application that is false, inaccurate or misleading, or violates any applicable laws or regulations for the time being in force in or outside India.
REVIEWS, FEEDBACK, AND SUBMISSIONS
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with Use of the Site (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its Use, commercial or otherwise.
INTELLECTUAL PROPERTY RIGHTS
All information, content, services, and software displayed on, transmitted through, or Used in connection with the Website/Application, as well as its selection and arrangement, is owned by Us. You may Use the data only through the Website/Application, and solely for Your personal, non-commercial Use.
You may not, republish any portion of the data on any Internet, Intranet or extranet site or incorporate the content in any database, compilation, archive or cache. You may not distribute any data to others, whether or not for payment or other consideration, and You may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise Use any portion of the Content. You may not scrape or otherwise copy Our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website/Application, not to insert any code or product or manipulate the content of the Website/Application in any way that affects the User's experience, and not to Use any data mining, data gathering or extraction method.
DISCLAIMERS OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE/APPLICATION, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE/APPLICATION IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WEBSITE/APPLICATION MAKES NO WARRANTY THAT
YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
ANY ERRORS OR DEFECTS IN THE WEBSITE/APPLICATION, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WEBSITE/APPLICATION ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE/APPLICATION IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WEBSITE/APPLICATION ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY SERVICE OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE/APPLICATION WITH RESPECT TO THE THIRD PARTY WEBSITE/APPLICATION OR THE SERVICES AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
LIMITATION OF LIABILITY
The Website/Application accepts no liability for any errors or omissions, whether on behalf of itself or Third parties, or for any damage caused to the User, the User’s belongings, or any Third Party, resulting from the Use or misuse of the Website/Application or any product purchased or service availed of by the User through the Website/Application. 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. The Website/Application will not be liable to You for the unavailability or failure of the Website/Application.
Users may be held legally responsible for damages suffered by other Users, the Website/Application or any Third Party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website/Application.
All Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
The Website/Application expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website/Application and which is incurred by You in connection with the Website/Application, including loss of profits; and any loss or damage incurred by You as a result of Your breach of these terms.
To the fullest extent permitted by law, the Website/Application 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/Application.
DISCLAIMERS OF WARRANTIES AND LIABILITIES
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The Website/Application, services and other materials are provided by this Website/Application is on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Website/Application makes no warranty that
Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
Materials, information and results obtained will be effective, accurate or reliable;
Any errors or defects in the Website/Application, services or other materials will be corrected.
To the maximum extent permitted by applicable law, We will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Website/Application also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
The User understands and agrees that any material or data downloaded or otherwise obtained through the Website/Application is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to an invalid coupon. Website/Application accepts no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or Third parties.
We shall not be liable for any Third Party product or services. The advertisement available on e-mail or Website/Application with respect to the Third Party Website/Application or the products and services are for information purpose only.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made by Us in connection with any claim arising from or related to:
Your Use or any Third Party’s Use via Your account of the Service provided by the Website/Application and its Content;
Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any Party without Our consent.
We can end this Agreement anytime We want. We or You may terminate this Agreement at any time with notice to the other. On termination, You lose the right to access or Use the Services. The following shall survive termination:
• Our rights to Use and disclose Your feedback;
• Members' and/or Visitors' rights to further re-share content and information You shared through the Service to the extent copied or re-shared prior to termination;
• Any amounts owed by either party prior to termination remain owed after termination.
DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral Third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case, both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Bangalore, Karnataka, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the Third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore, Karnataka. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Karnataka, India and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the office of the Company by Registered Post, or the email email@example.com.
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, 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 other such breach, or a waiver of any other breach of this Agreement.
Liability: The Website/Application and the Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the Use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.