1.2 In consideration of your use of the Website and App, You agree :
1.3 If You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Platform.
1.4 This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.5 1.5 You may access the Website or subscribe to the Services only for Your personal use. The Platform as a whole, is owned exclusively by Conceptual Surgery. You acknowledge that Conceptual Surgeryis providing You with a revocable, limited, non-exclusive, and non-transferable license to use the features of the Website and the App. You will upon logging into the Website as a regular user be entitled to view Our limited free content as a demo of the offerings. You will get access to once You enrol as a Subscriber. You are advised to review this free content before taking the decision to proceed to subscribe to the Services as a Subscribed User as defined in clause 1.7.
1.6 By registering Your e-mail address and/or phone number with Us, You consent to be contacted by Us via phone calls, SMS notifications, whatsapp, social media and/or e-mails, in case of any subscription, general or Service updates.
1.7 You are entirely responsible for maintaining the security and confidentiality of Your account as well as the login credentials to the account once you become a Subscribed User.
1.8 We will not be liable for any loss that You may incur because of someone else using Your account, either with or without Your knowledge. You may be held liable for any losses incurred by Us or another party due to someone else using Your account.
1.9 Due to the global nature of the Internet, You agree to comply with all applicable local laws, state specific laws, and regulation rules regarding use of the Website. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data and information, exported from India or the country in which You reside.
2.1 2.1 Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for Conceptual SurgeryApp and be a Registered User (defined hereunder). Persons who are minors are not eligible to register for Our Services. As a minor if You wish to use the Conceptual SurgeryApp or Our Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Conceptual Surgery App/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents.
2.2To register on the Platform for availing the Services (as defined in Clause 3.1 below) on an account login based paid subscription ("Subscriber" / "Subscribed User"), You will be required to give details to validate your eligibility by filling in all mandatory fields in the online Service subscription enrolment form.
Subsequent to You completing all fields in the Service subscription form, you will have access to the free content or the Basic Plan in the capacity of Registered User and have the option to purchase a paid subscription of your choice. If You choose to purchase a paid subscription, You will be directed to the purchase page and select the Services and duration for which You wish to become a Subscribed User. Post registration, only once the payment has been received by Conceptual Surgery, will You attain the status of a Subscribed User or as Pro User. After the payment is complete, You will receive a confirmation email to the registered email id confirming your plan details and credentials for accessing the Platform.
3.Services of Conceptual Surgery
3.2 As a "Registered User", You are enrolled to the free plan by default and have the option to purchase a Pro Services Account ("Pro Account") and become a Subscribed User.
3.3You agree that any Services provided by Conceptual Surgerymay be subject to change at the discretion of Conceptual Surgeryand Conceptual Surgerymay add, remove or modify offerings to its existing scope of Services at such fees as will be solely determined by Conceptual Surgery.
3.4Conceptual Surgerymay at its discretion revise the amount payable in respect of existing offerings forming part of the Services that may be made available to You.
3.5You agree that Conceptual Surgerymay at any time and for any reason, terminate Your access to whole or part of the Platform, or restrict or suspend Your access to your Subscribed User account, for any or no reason, with or without prior notice, and without any liability to You.
4.1 If You use the Platform and wish to avail Services by creating a User account, You may be required to submit your phone number and/or email ID and choose a password which will be the only set of credentials basis which You will be granted access to the Platform and its Services. You are responsible for maintaining the confidentiality of Your password and other credentials to access the Services. If there is any compromise to Your account, You can change your password using the 'forgot password' functionality available on the login page used to access the Platform.
6.1Any payments made to Conceptual Surgeryin respect of Services are subject to the payment terms of Conceptual Surgeryas will be notified to You once You initiate the process to become a Subscribed User.
6.2 The Fee including GST and any delivery charges payable in relation to delivery of hard copy or electronic versions of document based Study materials, if applicable, will be shown prior to completion of the online payment transaction.
6.3In the unlikely event that, due to a technical error, the amount of the Fee displayed on the Platform is incorrect, Conceptual Surgerywill notify You as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Platform, Conceptual Surgerywill contact You through your registered e-mail address and/or phone number to notify You of the correct Fee. To avail all Services for the duration of Subscription, You may be required to remit any additional fees such that the correct Fee is paid by you.
6.4Conceptual Surgeryhereby notifies You that Conceptual Surgeryuses third party payment gateway service providers to process payment made by You towards the Service subscription. It is hereby clarified that Conceptual Surgerywill not be responsible for any payment failures or errors occurring due to technical issues at the bank’s end or issues arising from the third payment gateway and all such issues should be resolved directly between You and the banking or payment gateway partner concerned.
7.2 Conceptual Surgerydoes not make any representation, guarantee or commitment to You that the Study Materials offered either in the demo versions or as part of subscribed Services will be error free.
7.3 The Services and all accompanying Study materials are only offered purely on "AS IS" basis and Conceptual Surgeryexpressly states that the Study Material and the Services are not intended to act as a substitute for professional medical opinion on ailments.
7.4 Conceptual Surgerydoes not claim any guaranteed rank, mark or success with the use of "Conceptual Surgery" platform.
8.1 Except as set out in the description of the subscription model available on the Platform, no additional study materials and/or video tutorials will be provided by Conceptual Surgery.
8.3 A subscription received is personal to You and You shall not transfer or share your right to access the Study Material or further sell the subscription or allow access to the subscription to any other person for consideration or otherwise.
9.1 Please note that it is Your responsibility to check that the computer or device You plan to use to access the subscription is compatible with the minimum specification requirement that relates to the subscription You are opting for. You acknowledge and accept that Conceptual Surgerycannot be held responsible for any technical problems (including but not limited to playback of video content) with any systems, computers or devices You encounter following the commencement of the subscription.
9.2 Minimum System Requirements:
9.3 Minimum Internet Speed:
9.4 Recommended Internet Speed:
10.1 From time to time, Conceptual Surgerymay make modifications, enhancements or issue clarifications (for example, clarification of doubt, interactive sessions) to the subscription, including but not limited to changes in Services, number of Services available, pricing and validity of Subscription duration.
11.1 Conceptual Surgerydoes not warrant uninterrupted or error-free operation of the subscription.
11.2 Conceptual Surgeryis not obliged to offer You any technical support in relation to your subscription other than the specific support that has been included as part of the subscription plan You have opted for.
11.3 You also accept and acknowledge that Conceptual Surgerycannot be held responsible for any delay or disruptions to your subscription as a result of such suspension or any of the following but not limited to:
12.1 We shall not be liable for any interference, virus, hacking, or any such consequence, caused by any network or internet service providers and failure of device manufacturers to support DRM protocols.
12.2 Any content posted on a third-party platform, by Us or any authorised third party, shall be subject to the terms and conditions, and policies, of that third-party platform in addition to the terms and conditions set forth herein.
12.3 Subject to applicable laws, in no event will Conceptual Surgeryor its employee's, or its agent's, partners, and contractor's, aggregate liability arising from or related to the aforesaid services to you, exceed the payments actually received and retained by Conceptual Surgeryfrom you, for any and all causes of action brought by you or your agents. in the event that you are not a subscribed user, Conceptual Surgerywill not be liable to you under any circumstances.
12.4Conceptual Surgeryis only a platform that can be utilized by users to reach publishers from whom they can buy books.
12.5The transaction is between the publisher and the user and that the Company is only an intermediary. The Company is not responsible for any non-performance or breach of the transaction entered into between the end-user and the publisher. The Company does not guarantee that the concerned publisher will perform any transaction concluded on Conceptual Surgery.
12.6 That the Company provides no warranty or guarantee regarding the books and that any such warranty or guarantee (if any) is provided solely by the publisher.
12.7The Company does not hold any right, title or interest over the products sold by the publisher.
12.8The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
13.1 Any information provided to You through the Platform, should not be treated as medical advice, opinion, diagnosis, prescription, or treatment. You acknowledge that We have not been authorized or recognized by any regulatory body or medical council to give any sort of medical advice, opinion, diagnosis, prescription or treatment. You also understand that the Services provided to You shall not be construed as medical classes and Conceptual Surgery's Services do not come within the purview of medical training as regulated and recognized by Medical Council of India or other regulatory bodies.
13.2 You acknowledge and agree that the suggestions and recommendation provided by Us on the Platform, are only suggestions, and You may comply with it at Your choice and option. Conceptual Surgeryoffers You various services via the Platform, to help You prepare for medical entrance examinations with customised support and assistance.
15.1 You agree that You shall not use the Services or the Website in order to host, display, upload, modify, publish, transmit, update, distribute, share, store material. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. 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 is not permitted.
15.2 If You become aware of misuse of the Service by any person, please contact us.
15.3 You shall not either as a regular browsing user, Basic Plan user, or as a Subscribed User use the Platform to either directly or indirectly either alone or with another third party disassemble, reverse engineer or decompile any part or whole of the Platform in order to get access or attempt to get access to the underlying software, source or proprietary technology which enables the Services or other functionalities of the Platform or do anything with an intent to create derivative works or competing platforms that provide same or similar services.
15.4 You shall not either directly or through other third parties take, post, publish, transmit or otherwise make available any of the Study Material or video tutorials on any other medium. Further, You undertake not to use, display, mirror or frame the Platform or any individual element within the Platform.
15.5 You shall not copy or record or make any attempt to copy or record part or whole of the Services or use the Services for further distribution any mode so as to commercially benefit from the Study Material or engage in any form of piracy.
16.1 If there is a suspicion of untoward or illegal activity, we may suspend your account immediately and if required, debar all future access by You to the Platform.
16.2 Conceptual Surgeryreserves the right to cancel any subscription it believes has been compromised, or is being used fraudulently, at its own discretion without any financial liability to You.
16.3 User's account will be Blocked for the following reasons ( but not limited to):
17.1 You acknowledge, consent and agree that Conceptual Surgerymay access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
18.1 You understand that Conceptual Surgeryand software embodied within Conceptual Surgeryand the Services you access may include security components that permit digital materials including the Study Materials to be protected, and that use of these Study Materials is subject to usage rules set by Conceptual Surgery. You shall not attempt to override, disable, circumvent or otherwise interfere with any such security components, encryptions and usage rules embedded into Website or the specific Services accessible through Your Service account.
19.1 All materials on Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are owned and controlled by Conceptual Surgery. You acknowledge and agree that all Material on Conceptual Surgeryis made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in Conceptual Surgery, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Conceptual Surgery's prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize Conceptual Surgeryor any part of the Material for any purpose other than its intended purposes is strictly prohibited.
20.1 All the tutors in the tutorial videos You access as part of the Services You use or subscribe for are independent third parties and not employees of Conceptual Surgery. The professional and technical information contained in the video tutorial are the sole responsibility of the Tutor. Even though Conceptual Surgeryreviews content hosted as part of the Services on a best effort basis, Conceptual Surgery disclaims all warranties as regards the authenticity or correctness of information communicated to You by the tutors and Conceptual Surgerydoes not guarantee that the tutor videos contain updated information on the subject matter.
21.1 Conceptual Surgeryprovides You with a single limited license to use and access Website and Materials hosted as part of the subscribed Services on devices which Conceptual Surgeryhas permitted access at the time of Your subscription to the Services for the limited purpose of accessing the tutorial or associated Study Materials online. The license is specifically personal, non-transferable, and non-exclusive. All content on website or the App, which is including, but not limited to, designs, text, graphics, images, information, logos, button icons, software, audio files and any other similar content are the exclusive and sole property of Conceptual Surgery.
21.2 All icons and logos are proprietary to Conceptual Surgery. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
21.3 All material on the Platform, including images, illustrations, audio clips, video clips and third-party licensed images are solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means, whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of Conceptual Surgery, modification of the Content, use of the Content on any other website, app or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
21.4 At all times, Conceptual Surgeryand/or its licensors, remain the owner of the intellectual property in the tutorial, and the study materials. No Course and/or study materials nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of Conceptual Surgery.
22.1 This Agreement shall remain in full force and effect for so long as You use Conceptual Surgery. You may terminate your subscription at any time, for any reason, by contacting the Support channels as mentioned in Clause 15 .2. Conceptual Surgeryhowever does not offer any refunds because of Your termination or discontinuation of the Services. Any termination or Subscription modifications initiated by You are subject to the Policy as mentioned under Cancellation Policy.
23.1 All Content on the Platform, (including but not limited to software) and Services, included on or otherwise made available to You across all mediums are provided on permitted number of views basis on a limited number of whitelisted devices without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Conceptual Surgerydoes not warrant that:
23.2 Conceptual Surgeryis not responsible to You for any data that You lose either (a) as a result of accessing the tutorial, or (b) as a result of accessing study materials, or (c) otherwise during the course of subscription. It is your responsibility to ensure that You regularly save and back up (i) all data which You hold on the computer from which You are accessing the Services and (ii) all data that You are inputting when completing a study module being offered.
23.3 Conceptual Surgerywill not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any causes which is beyond Conceptual Surgery's reasonable control.
23.5 The tutorials are for personal training and for knowledge enhancement purposes only. Conceptual Surgerywill not accept any responsibility to any party for the use of the Services provided and/or the contents of the Study materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by You to any third party. Conceptual Surgeryshall not be responsible for any claims that may arise as a direct or indirect consequence of any third party placing reliance and acting upon the information obtained as part of the Services or Your advice to a third party basis the Study Material or tutorial videos or any other Services.
24.1 You agree to defend, indemnify and hold harmless Conceptual Surgery, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees and costs) arising from:
25.1 We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or Platform (or any portion thereof) with or without notice. You agree that we will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of website.
25.2 This Agreement and any rights and licenses granted here under, may not be transferred or assigned by You, but may be assigned by Conceptual Surgerywithout restriction.
25.4 The failure of Conceptual Surgeryto exercise or enforce any right or provision of these Terms
shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to
give effect to the parties’ intentions as reflected in the provision, and the other provisions of this
Agreement remain in full force and effect.
25.5 Arbitration Clause: That any dispute(s), pertaining to current contract-agreement, which may arise at any time during the period of this contract-agreement, shall be referred to Arbitration and such an arbitration shall be governed by provisions of ‘The Arbitration and Conciliation Act, 1996’.
25.5 These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Delhi.
26.1 In case of any grievance arising from the use of Platform, please contact: firstname.lastname@example.org