Introduction

Welcome to Pathfinder SCOPE, an online learning platform helping students to prepare for pre-engineering and pre-medical entrance examinations in India through digital modules and video lectures.

www.pathfinderscope.com website and service including (without limitation) all websites, mobile applications and other interactive properties through which the service is delivered (collectively, the “Service”) are owned, operated and distributed by Pathfinder Educational Centre company (referred to in these Terms of Service as “Pathfinder SCOPE” or “SCOPE” or “we” and through similar words such as “us,” “our,” etc.).

By accessing any part of the Service, you are agreeing to the terms and conditions described below (these “Terms of Service”), the terms and conditions of our privacy policy (the “Privacy Policy”) and any other legal notices published by us on the Service (collectively, the “Governing Documents”). If you do not agree to any of these terms, you should not use the Service. These Terms of Service apply to all users, including both users who are simply viewing content available via the Service and users who have registered as members of SCOPE.

We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of May 11th 2020.

Description of Service

The SCOPE Service shall grant you access to our educational content, lectures, illustrations, practice tests etc. which may be in written, audio, video, graphic, photographic, recorded or any other format in relation to the course package subscribed by You.

We reserve the right to modify or update the course package offered to You. In the event such modification or updation occurs, We may require you pay an additional amount of fees to access such amended or updated course package.

We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.

Copyright

The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are Pathfinder SCOPE, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, VIDEOS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.

We are the owner and/or the licensee of all the trademarks, logos or other intellectual property on the Website. Pathfinder SCOPE will not tolerate violations of intellectual property rights on the Service.

You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by Pathfinder SCOPE in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Pathfinder SCOPE in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of SCOPE or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the SCOPE name or trademarks without the express written consent of Pathfinder SCOPE.

Account Terms

The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

• We grant you a personal, restricted, non-transferable, non-exclusive and revocable license to use the Services and the course package offered through the Website for a limited time period i.e. 2 (Two) years from the date of purchase or subscription of the relevant course package.
• You must be 13 years or older to use the Service. If You are under the age of 18 (Eighteen), it is mandatory that your parent or guardian has read and accepted the Terms on your behalf before using the Website.
• You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide your legal full name, valid email address, telephone numbers, and any other information requested in order to complete the signup process.
• You are responsible for maintaining the security of your account and password. SCOPE will not be liable for any loss or damage from your failure to comply with this security obligation.
• You agree not to upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner.
• You agree to use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
• You agree to accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to book a course on SCOPE.
• You agree to attend each class solely for educational purposes, and not with the goal of copying any materials or techniques for purposes of your own or others’ classes.
• You may access course content for your information and personal use only. You shall not download any content unless you see a “download” or similar link displayed by SCOPE on the Service. You may not share content from the Service with anyone who is not properly licensed to access the content.

Fees, Cancellation and Refund Policy

We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change.

All purchases and payments made will be final and non-refundable, except where explicitly it is stated as part of an ongoing marketing promotion. Users can evaluate the Services through the free trial chapters provided in the Website/App.

All packages are valid for maximum 2 (Two) years from date of purchase. No refund will be given if you wish to discontinue the Services.

Disclaimer of Warranties

THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT

• (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS,
• (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
• (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR
• (D) THE QUALITY OF ANY COURSE THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.

THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Service is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Limitation of Liability

IN NO EVENT SHALL WE OR ANY OTHER PATHFINDER SCOPE PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.

You expressly agree that use of the Website, the Services and the course package is at your sole risk. We do not warrant that the Website, the Services or access to the Courseware will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services or the Courseware or as to the accuracy or reliability of any information provided through the Website, the Services or the Courseware. We do not guarantee any particular outcome regarding the results of the users during the entrance exams.

In no event will We, or Our affiliates will be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Website, the Services or the Courseware. You agree that Our liability or the liability of Our affiliates, directors, officers, employees, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the course package shall not exceed the fee You paid to Us for the particular/relevant package.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and the other SCOPE Parties harmless from all liabilities, claims, and expenses, including attorneys’ fee, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. These obligations will survive any termination of the Terms.

Miscellaneous

You agree that the Service shall be deemed a passive interactive service based solely in West Bengal and shall not give rise to personal jurisdiction over SCOPE, either specific or general, in jurisdictions other than West Bengal. These Terms of Service, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the State of West Bengal, without regard to conflicts of law principles. You agree that any legal action or proceeding between Pathfinder SCOPE and you for any purpose concerning these Terms of Service, the Privacy Policy, the other Governing Documents or your use of the Service shall be brought exclusively in a central or state court of competent jurisdiction sitting in Kolkata, West Bengal.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS OF SERVICE, THE PRIVACY POLICY OR THE OTHER GOVERNING DOCUMENTS SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED.

These Terms of Service, together with the Privacy Policy and the other Governing Documents, constitute the entire agreement between you and Pathfinder SCOPE concerning the Service and the services provided by Pathfinder SCOPE. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. SCOPE’s failure to insist upon or enforce strict performance of any provision of these Terms of Service or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. Pathfinder SCOPE may assign its rights and duties under these Terms of Service or any of the other Governing Documents to any party at any time without notice to you.

Most communication between SCOPE and you will be sent and received electronically. You agree that all electronic communication between Pathfinder SCOPE and you shall satisfy any legal requirements that such communications be in writing.

Any rights of Pathfinder SCOPE not expressly granted herein are reserved.