Terms of Services

1.1 ApexPie Technologies Private Limited having its Registered office at B-26, Ashok Vihar, Phase – IV, New Delhi - 110052(hereinafter referred to as "ApexPie", "we", "us", or "our", which term shall be deemed to include reference to its holding and subsidiary company(ies) and affiliates provides online educational platform, digital solutions, courses and conducts online classes, live demo and seminars / webinars and doubt clearing sessions for the students seeking to enroll for such solutions (the "Services"), of ApexPie Technologies Private Limited which are accessible at ApexPie’s official website viz. www.apexpie.com and any other websites through which ApexPIe makes the Services available in future (collectively, the "Site") and as software for personal computers or applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Applications").

1.2 These Terms of Services constitute an electronic record in accordance with the provision of the Information Technology Act, 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011, thereunder, as amended from time to time.

1.3 Please read these Terms of Services before accessing or using the Site, Application or Services or downloading or posting any content from or on the Site or via the Application, carefully as they contain important information regarding your legal rights, remedies and obligations. By accessing or using our Site, Application or Services or by downloading or posting any content from or on the Site or via the Applications, you would be confirming that you have read, and that you have understood and you agree to be bound by these terms and conditions, as may be modified by us from time to time, and further that you are competent to undertake to be bound by and adhere to these Terms of Services, whether or not, you have registered with the Site or the Application.

1.4 The Terms of Services govern your access to and use of the Site, Application and Services and all the text, graphics, images, music, software, audio, video, information or other materials including the materials based on third party sources, for instance, FIM, NCERT or SCERT etc that are made available by us through the Site, Application, Services or its related promotional campaigns and official social media channels (“Content”). For avoidance of doubt, the term “Content” shall include:

1.4.1 Printed material/booklets provided as part of any Service (whether on a complimentary basis or on a paid basis).

1.4.2 Any other material provided or made available as part of or in connection with any Service.

1.5 If you access or use the Site, Application or Services, then these Terms of Services are binding on you.

1.6 If you do not agree to these Terms of Services, then you have no right to access or use the Site, Application, Services or the Contents.

1.7 By registering with us or accessing the Application/Site/Services, it is deemed that the user is competent to undertake and comply with these Terms of Services. Users may be required to provide proof of age/competence to contract, to ApexPie on demand or as required by law or Government or its agencies.

2.1 apexpie.com operates a ‘take-down’ policy, such that ApexPie is notified of a potential breach of copyright, or other reasonable notice of a possible violation of any law (including but not limited to laws on copyright, patent, intellectual property, trademark, confidentiality, data protection, obscenity, terrorism, defamation or libel), the complete document or dataset or relevant portion will be removed from the repository as quickly as possible pending further investigation.

2.1 Where the grounds for complaint are considered to be valid, the complete document or dataset or relevant portion will be permanently withdrawn from the repository. A decision on whether the material may be made available again may take some time if it is necessary for ApexPie to seek legal advice to resolve the complaint.
Please contact info@apexpie.com">info@apexpie.com on emails pertaining to takedown policy. If you are unhappy with the decision taken, you have the right of appeal. Your appeal should be addressed to the Director at dipanwita@apexpie.com

3.1 The Services/Site/Applications obtains the information you provide when you download and register for the Application/Services/Site, including with respect to your user account created via the Site or the Application of ApexPie (“Account”). At the time of registration as also your subsequent access/use of the Site/Application, ApexPie shall collect personally identifiable information about you, including details such as your first and last name, email address, mobile phone number and other contact details, demographic profile (like your age, gender, address, etc.,), as also other information you enter into our system when using the Application/Services/Site, such as while participating in discussions, presentations, etc. and taking tests (including mock tests) and transaction-related information, such as when you make purchases or respond to any offers.

3.2 If you choose to link your social media account with your Account or provide registration/user details of any other website including Government sites, we collect basic information about you from those social media platforms or any other website as mentioned, such as name, age, gender, location, e-mail address, status, etc. In addition to the above, the Application/Site may collect/elicit certain information automatically which shall include, but is not limited to, the type of mobile device you use, the IP address of your mobile device/personal computer, the operating system of your mobile device/personal computer, etc. The information collected may be used for the following, amongst other, purposes:

3.2.1 Providing or making available the Services (including sharing such information with our third-party service providers in connection with the provision of the Services);

3.2.2 Promotional activities;

3.2.3 Such other ancillary purposes as may be determined at our discretion.

3.2.4 Provide, operate, and maintain our website

3.2.5 Improve, personalize, and expand our website

3.2.6 Understand and analyze how you use our website

3.2.7 Develop new products, services, features, and functionality

3.2.8 Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website.

3.2.9 Send you email

3.2.10 Find and prevent fraud

3.3 We use an outsourced transaction processing company/payment gateway for the purpose of billing you for the goods or services we provide. The said company/gateway may retain, share, store or use your transaction related information for any other purpose.

3.4 By accessing the Application/Site/Services or by registering with us and creating an Account, it is deemed that you have expressly consented to our collection, processing, storing, disclosing and handling of information as set forth in these Terms of Services now and as amended by us. While we shall comply with our obligations under the laws of India (including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011) in the collection, processing, storing, disclosing and handling of such information, please note that all sharing/submission of information by you is at your own risk.

3.5 Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity. ApexPie does not knowingly collect any Personal Identifiable Information from children under the age of 18. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

3.6 A3.6 Any information provided containing any personal data relating to a minor shall be deemed to have been provided with the due consent of such minor’s legal guardian.

4.1 The Site, Application and Services facilitate users to enroll for the access of learning platform, educational courses, classes, live demo, seminars / webinars and / or the doubt clearing sessions or such other servicess of ApexPie Technologies Private Limited which are listed in our official website viz. www.apexpie.com (“Services”). If you wish to enroll for any such Services, you are required to register with us to create an Account.

4.2 Your ability to register for any Service(s) or avail any Services is conditional upon:

4.2.1 your provision of current, accurate data, including with respect to your contact details.

4.2.2 availability at your end of the devices/hardware that is compatible with the Application/Site (as may be modified from time to time). You shall be responsible for ensuring your devices/hardware compatibility and we shall not be responsible/liable for the same.

4.2.3 your continued adherence to these Terms of Services at all times.

4.3 Any activity under your Account will be deemed to have been done by you. You are solely responsible for protecting the confidentiality of your Account’s credentials viz. username and password. At no point in time will ApexPie be liable for any losses caused by any unauthorized access to or use of your Account, including uploading any content on the Site/Application, and you shall solely be liable for the losses caused to us or others due to such unauthorized use, if any. In the event you provide us with false/inaccurate information or ApexPie has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your Account and/or refrain from rendering any Services to you.

4.4 The usage of the Site, Application and Services is strictly limited to educational and professional purposes alone. We provide the users of our Site, Application and Services with access to educational information and related sources on an as Is Basis. While every effort is made to maintain the highest standards in the collection and dissemination of data, we assume no liability for the accuracy/completeness/use/currency of such information provided on our Site, Application or Services. From time to time, we may provide free contents or compiled educational information based on third party sources. You agree and acknowledge that ApexPie is not liable for any errors or inaccuracies which might appear in such information.

4.5 All information and material, including without restriction the Content, and all intellectual property comprising therein, including all copyrights, trademarks, trade names, etc. are proprietary to ApexPie (or to such third parties as specified by way of appropriate credits on the Site/Application). You acknowledge that you acquire no rights whatsoever therein by the access to the Site/Application or availing of the Services.

4.6 Your use of the Site/Application shall be solely for your personal and non-commercial use. Without prejudice to the generality of the foregoing:

4.6.1 No portion of the Application or Site or Services or the Content shall be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited (including by way of recording of any sessions) for any commercial purpose.

4.6.2 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) or whole or any portion of the Content of the Site, Application or the Services without our express written consent.

4.6.3 You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.

4.6.4You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network or to any of the services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.

4.7 We, make no warranties or representations whatsoever regarding the quality, content, completeness, adequacy of such information and data provided in our Site/Application/Services or any assurance of success in your exams/career.

4.8 We shall be entitled to remove, edit, review or delete any Content as also any other material posted on the Site/Application by the users, at any point in time.

4.9 We are not responsible for any content posted or uploaded by users onto the Site/Application even if the same is used as part of the Service, Site or Application.

4.10 The Site/Application may contain links to third-party sites or domains. You may be required to read, understand and accept the Terms of Services as applicable to the access/use of these sites. We are not responsible for any issues you may encounter with respect to such third-party sites/domains.

4.11 It is clarified that all the users of the Site, Application, Services and the Contents, are bound by these Terms of Services.

4.12 We shall have the right to monitor the download as also usage of the Site/Application by any user.

4.13 Any feedback/information provided by users with respect to the Application or the Site shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis. Further, (i) your feedback/information shall not contain confidential or proprietary information of you or of third parties; (ii) ApexPie is not under any obligation of confidentiality, express or implied, with respect to the feedback/ information; (iii) you acknowledge that the Application or the Site may have something similar to the feedback already under consideration or in development; and (iv) you shall not be entitled to any compensation or reimbursement of any kind from us for the feedback/information under any circumstances.

5.1 We transfer cookies, which are small files containing a string of character, to your IP address, giving the browser distinct identification, in order to keep track of the user’s preferences. Furthermore, these files also help in logging-in faster and they act as a mechanism to determine user trends. The data thus retrieved from the user’s IP address enable us to enhance our offers, including but not limited to more content in areas of greater interest to most users.

5.2 Our Site, Application, Services uses cookies to identify the areas of our Site/Application that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to personalize the Content that you see on our Site/Application. Most Web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access functionality on our Site/Application correctly or at all. We never place personally identifiable information in cookies.

5.3 Under no circumstances shall ApexPie be held responsible in any manner for any content provided by users/third parties, including where such content is found to be offensive, hurtful or unlawful.

6.1 The fee payable for the Service(s) selected, including any additional/further fee which may be applicable (“ Service Fee” ) will be displayed to you before you make an enrolment request to ApexPie(which includes its subsidiaries and affiliates. Upon receipt/acceptance of your duly filled enrolment request, you have the option to make payment in any of the following methods:

6.1.1 Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Mastercard and other cards accepted by ApexPie

6.1.2 Visa and Mastercard Debit cards

6.1.3 Net banking/Direct Debit payments from select banks in India

6.1.4 Payment Wallets

6.1.5 Any other payment methods as provided by the Payment Gateway service provider (collectively, the “Payment Methods”).

6.2 Your ability to avail the Services on the Application/Site is conditional upon and subject to timely and due payment of the Service Fee (including any instalments thereof). We hereby reserve the right to disable access to the Services (or any part thereof) in the event of non-payment of the applicable Service Fee (any portion or instalment thereof).

6.3 The Service Fee notified on the Site/Application is final and non-negotiable. There shall be no reduction/waiver of the same. Upon payment of the Service Fee, beyond the applicable trial period, there will be no refund of the same under any circumstance, including by reason of your discontinuation of any Course or services.

6.4 In addition to the Service Fee, you may also have the option to purchase further study materials, e-books, add-on courses, Items, etc. as specified on the Site/Application.

6.5 If you choose to make payment for the Service Fee or for the study materials, e-books, add-on courses, Items etc. in any of the Payment Methods, you shall be redirected to an outsourced third party payment gateway for the said payment. Once the said payment is successful, you shall receive an e-mail and a text message confirming such payment.

7.1 If the payment through the third-party gateway has failed, but the amount has been debited from your bank account, the amount so deducted shall be automatically credited to the said bank account within a period of 14 days, subject to reconciliation, as per the terms of the third-party payment gateway.

7.2 No refund shall be made for any successful transaction through the Payment Gateway services.

7.3 At its discretion ApexPie may allow a period of trial for few or any of its Services after registration and payment of Service Fees on the Site/Application from time to time. At its discretion ApexPie may allow users to raise requests for cancellation of the Service during (and only during) the period of trial.

7.4 ApexPie may process refund for cancellation of Service during the trial period by the user, if the same is approved as per its policy and only if the user has complied with all Terms of Services.

7.5 No other refunds shall be made other than mentioned above in this clause. In the event, you would like to discontinue with any Service after the trial period, you may opt to cancel the Service via your Account without any refund of the Service Fee or of any payment(s) made (including towards the study materials, e-books, add-on courses, Items etc.).

7.6 Notwithstanding anything to the contrary elsewhere, ApexPie shall have no responsibility or liability for any issues pertaining to the outsourced third-party payment gateway. For any such issues pertaining to the third-party payment gateway (including multiple debits, whether successful or not etc.), you may follow up with the third-party gateway or the user’s bank/financial institution concerned.

7.7 The above Payment and Refund terms under the website awww.apexpie.com shall be applicable to its subsidiary companies also.

8.1 We reserve the right to immediately terminate or suspend your Account and refrain from rendering any services (in addition to any legal remedy that we can avail), at any time, if (i) you have failed to comply with these Terms of Services (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Account registration, (iii) you have violated any applicable laws, regulations or third party rights, or (iv) we believe in good faith that the action of termination or suspension of your Account or cessation of Services is reasonably necessary to protect the safety or property of ApexPie or other users of the Site, Application or Services.

8.2 In addition to the above, we reserve the right to review your Account from time to time for fraud prevention, risk assessment, security or investigation purposes. In case of any violation of these Terms of Services which results in a civil or criminal liability under applicable laws, we may also disclose your Account information, if required by any Government or legal authority.

8.3 In the event, you would like to discontinue with any Service, you may opt to cancel the Service via your Account. At no point in time, you are entitled to any refund of the Service Fee or payment made towards the study materials, e-books, add-on courses, Items etc.

9.1 Indemnity: You shall indemnify and hold harmless ApexPie, its directors, employees, officers, etc. from and against any claims, damages, losses, liabilities, costs, etc. arising out of:

9.1.1 Your use of and access to the Application/Site/Content/Services, including without restriction your violation or infringement of any third-party rights in this regard

9.1.2 Your violation of these Terms of Services

9.1.3 Any other failure to comply with any general conditions as may be notified by ApexPie

9.2 Notice: All notices served by us shall be provided via email to your Account or as a general notification on the Application. Any notice to be provided to us should be sent to http://info@apexpie.com

9.3 Entire Agreement: These Terms of Services and any other guidelines applicable to the Site, Application or Services as may be notified by us from time to time, constitute the entire agreement between you and ApexPie with respect to your access to or use of the Application, Site and/or the Services. In the event of any discrepancies between these Terms of Services and any other terms or policies relating to your access/use of the Site/Application/Services/Content, these Terms of Services shall prevail.

9.4 Assignment: You cannot assign or otherwise transfer your obligations under these Terms of Services, or any right granted hereunder to any third party. ApexPie’s rights under these Terms of Services are freely transferable by us to any third parties without the requirement of seeking your consent.

9.5 Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Services, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Services shall continue in full force and effect.

9.6 Waiver: Any failure by ApexPie to enforce or exercise any provision of these Terms of Services, or any related right, shall not constitute a waiver by us of that provision or right.

9.7 Relationship: You acknowledge that your participation on the Application, Site or the Services does not make you an employee or agency or partnership or joint venture or franchise of ApexPie.

9.8 ApexPie provides these Terms of Services so that you are aware of the terms that apply to your access/use of the Site/Application and Services. You acknowledge that we have given you a reasonable opportunity to review these Terms of Services and that you have agreed to them.

9.9 We hereby reserve the right to modify these Terms from time to time, without any prior notice.

ApexPie shall have no liability in the event of your inability to access/use the Site, Application or Services (or any part thereof) as a result of any acts of civil or military authority, flood, fire, epidemic, war or riot, act of God, or any other acts or developments beyond the reasonable control of ApexPie. In no event will ApexPie be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Site/Application/Services or any materials or Content thereon, whether based on warranty, contract, tort (including negligence), statute, or any other law, and whether or not ApexPie has been informed of the possibility of damage. In no event we shall be responsible for any registration or eligibility of the user for any kind whatsoever.

If you face any issues with the Application, Site or Services, please contact us at customercare@apexpie.com on Monday to Saturday between 9 AM IST and 5 PM IST.