Our Terms & Conditions:
- Smash19 reserves the right to add, delete, alter or modify these terms and conditions at any time. The user is therefore advised to read carefully these terms and conditions each time he or she uses the Smash19 Online Service(s) of Smash19. Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Smash19 reserve the right to accept or reject your offer.
- The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
- These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Smash19 services, you agree to be bound by the Terms and Conditions.
- All prices, unless indicated otherwise are in Indian Rupees. All prices and availability of products are subject to change without prior notice at the sole discretion of Smash19. If at any point of time, the Govt. further increases service tax, the tax will be borne by the students from the date of enforcement of the act by the Govt.
- Smash19 reserve the right to refuse or cancel any order placed for a product that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card. In the event the payment has been processed by Smash19 online services the same shall be credited to your credit card account and duly notified to you by email or by SMS. In a credit card transaction, you must use your own credit card.
- The User agrees to use the services provided by Smash19 through their website www.Smash19.com for lawful purposes only. The User agrees to provide authentic and true information.
- Smash19 reserve the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), Smash19 has the right in its sole discretion to reject the registration and debar the User from using www.Smash19.com and / or other affiliated websites without prior intimation whatsoever.
- Smash19.The responsibility of getting admission form forwarded to the examining body is that of the student himself/herself. Smash19 reserve the right to use the photograph for publicity in case the student secures position/success in any Exams national/international level test.
- Student shall not be entitled to claim any refund of the course fee/attending classes, if any student is found guilty of prohibited act. Students are prohibited from filming/ voice recording/copying any class room lectures/ notes/ study materials/ interactions by using mobile phone/ camera/ or any other manual/ digital recording device for any purposes whatsoever under any circumstances. Smash19 reserves its rights to terminate such student with immediate effect and initiate legal action against him. Such a student shall also be liable indemnify the Smash19 to the extent the damage incurred due to fault/action of student.
- As a "Registered User", You are enrolled to the free plan by default and have the option to purchase a Gold Account ("Gold Account") and become a Subscribed User.
- You agree that any Services provided by Smash19 may be subject to change at the discretion of Smash19and Smash19may add, remove or modify offerings to its existing scope of Services at such fees as will be solely determined by Smash19.
- Smash19may at its discretion revise the amount payable in respect of existing offerings forming part of the Services that may be made available to You.
- Smash19 hereby notifies You that Smash19 uses third party payment gateway service providers to process payment made by You towards the Service subscription. It is hereby clarified that Smash19 will 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.
- If You use the Smash19 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 Smash19 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 Smash19.
Disclaimer of Warranties and Liabilities
- 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.
- 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.
- Subject to applicable laws, in no event will Smash19 or its employees’, or its agents’, partners, and contractors’, aggregate liability arising from or related to the aforesaid services to you, exceed the payments actually received and retained by Smash19 from you, for any and all causes of action brought by you or your agents. In the event that you are not a subscribed user, Smash19 will not be liable to you under any circumstances.
Disclaimer of Services
- 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 Smash19's Services do not come within the purview of medical training as regulated and recognized by Medical Council of India or other regulatory bodies.
- 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. Smash19 offers You various services via the Platform, to help You prepare for medical entrance examinations with customised support and assistance.
- 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.
If You become aware of misuse of the Service by any person, please contact us.
- in violation of any applicable law or regulation;
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
- that belongs to another person and to which the user does not have any right to;
- that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
- that harms minors in any way;
- that impersonate another person or entity;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Smash19's computer systems or site or Smash19's Users, customer's computer systems or site;
- threatens the unity, integrity, defence, security or sovereignty of India and any other countries, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
- 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.
- 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.
- 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.
- Termination or Suspension of Account for Illegalities or suspected Illegalities
- 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.
- Smash19 reserves 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. User's account will be blocked for the following reasons (but not limited to):
- If found suspicious (High/ Suspicious Activity)
- Usage of Rooted/ Jail-broken Devices, Emulators, Chrome Cast, Android TV, Amazon Fire 3) TV/ Smart TV/ Apple TV or any other virtual machines.
- Screen Casting, Screen Recording, Screen Mirroring
- Using a camera, phone or any other device to record any Platform content
- Sharing Smash19 Screen Shots in Social Media or any other Network.
- Sharing Smash19 Accounts Credentials with anyone.
- Usage of Multiple Devices
- Abusing Smash19 Faculties.
- You acknowledge, consent and agree that Smash19 may 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:
- comply with legal process nationally or internationally;
- enforce this Agreement;
- respond to claims that any content violates the rights of third parties;
- protect the rights, property or personal safety of Smash19, its subscribers and the public;
- You understand that Smash19 and software embodied within Smash19 and 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 Smash19. 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.
- 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 Smash19. You acknowledge and agree that all Material on Smash19 is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in Smash19, 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 Smash19'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 Smash19 or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
- 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.
- This Agreement and any rights and licenses granted here under, may not be transferred or assigned by You, but may be assigned by Smash19 without restriction.
- The failure of Smash19 to 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.
- 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 Bangalore.