Terms Of Service

 

1. Welcome to Whiz League!

 

1.1 Introduction

Whiz League provides its services (described below) to you through its website located at whizleague.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.

1.2 Modifications to Terms of Service

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means. Any such changes will become effective no later than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.

1.3 Privacy

At Whiz League, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

2. Access and Use of the Service

 

2.1 Use Description

The Whiz League service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Whiz League purchase, we grant you a limited, non-exclusive, non-transferable, license to access the Whiz League content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

2.2 Your Registration Obligations

You may be required to register with Whiz League in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.

2.3. Member Account, Password and Security

Usage of any features of Whiz League by representing yourself with someone else’s username and password is violation of our terms of use. Proxy usage can have you barred from any further use of the website. You are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Whiz League of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Whiz League will not be liable for any loss or damage arising from your failure to comply with this Section.

2.4 Modifications to Service

Whiz League reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Whiz League will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.

2.5 General Practices Regarding Use and Storage

You acknowledge that Whiz League may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Whiz League’ servers on your behalf. You agree that Whiz League has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Whiz League reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that Whiz League reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

2.6 Mobile Services

The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent, you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Whiz League and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Whiz League account information to ensure that your messages are not sent to the person that acquires your old number.

3. Conditions of Use

 

3.1 User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Whiz League reserves the right to investigate and take appropriate legal action against anyone who, in Whiz League' sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

• 1. Information you provide to us: We collect information you provide to us which includes:
• email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Whiz League, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Whiz League or its users to any harm or liability of any type;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • violate any applicable local, state, national or international law, or any regulations having the force of law;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

3.2 Fees

To the extent, the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Whiz League information regarding your credit card or other payment instrument. You represent and warrant to Whiz League that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Whiz League the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Whiz League to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Whiz League know within sixty (60) days after the date that Whiz League charges you. We reserve the right to change Whiz League' prices. Whiz League will notify such changes through ordinary recourse such as via email or other electronic media. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than Indian taxes based on Whiz League' net income.

3.2.1 Whiz Launchpad

1. Course fee are no refundable and also whiz launchpad fee is an application fee and only selected applicants will get the launchpad opportunity.

2 .Incase all applicants score lower than 30 on 50, no winner shall be announced for that round to ensure top quality of winning candidates.

3.2.2 Whiz University 

Whiz League not a university, Whiz League is facilitator.

3.2.3 Whiz Learning Management System 

1. Definitions

• "Access Credentials" means any user name, identification number, password, license or security key, security token, personal identification number (PIN) or other security code, medthod, technology or decide used, alone or in combination, to verify an individual's identity and authorization to access aand use the Services.
• "Aggregated Statistics" means data and information related to Customer's use of the Services that is used by Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services.
• "Authorized User" means Customer's employees, consultants, contrators, agents and customers or clients (i) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement; and (ii) for whom access to the Services has been purchased hereunder.
• "Confidential Information" has the meaning set forth in Section 6.
• "Customer Data" means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Services.
• "Customer Systems" means Customer's information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), networks and Internet connectivity, whether operated directly by Customer or through the user of third-party services.
• "Documentation" means Provider's user manuals, handbooks, and guides relating to the Services, provided by Provider to Customer either electronically or in hard copy form/end user documentation relating to the Services.
• "Feedback" has the meaning set forth in Section 7(c).
• "Fees" has the meaning set forth in Section 5(a).
• "Law" means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree or other requirement of any federal, provincial, territorial, municipal or foreign government or political subdivision thereof, or any arbitrator, court or tribunal of competent jurisdiction.
• "Initial Term" has the meaning set forth in section 11(a).
• "Losses" has the meaning set forth in Section 9(a)(i).
• "Notice" has the meaning set forth in Section 13(c).
• "Provider IP" means the Services, the Documentation, and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property provided to Customer or any Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider's monitoring of Customer's access to or use of the Services, but does not include Customer Data.
• "Provider Materials" means the Services, specifications, Documentation and Provider Systems and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans or reports, that are provided or used by Provider or any Subcontrator in connection with the Services or otherwise comprise or relate to the Services or Provider Systems. For the avoidance of doubt, Provider Materials include any information, data or other content derived from Provider's monitoring of Customer's access to or use of the Services, but do not include Customer Data.
• "Provider Systems" means the information technology infrastructure used by or on behalf of Provider in performing the Services, including all computers, software, hardware, databases, electronic systems (including database management systems) and networks, whether operated directly by Provider or through the use of third-party services.
• "Renewal Term" has the meaning set forth in Section 11(a).
• "Service Suspension" has the meaning set forth in Section 2(f).
• "Services" means the software-as-a-service offerings offered by Whiz League and purchased by Customer
• "Whiz League Account" means the Customer's individual user account, as provided to it by Provider.
• "Term" has the meaning set forth in Section 11(a).
• "Third-Party Claim" has the meaning set forth in Section 9(a)(i).
• "Third-Party Products" means any third-party products provided with or incorportated into the Services.

2. Access and Use.

• (a) Provision of Access. Subject to and conditioned on Customer's payment of Fees and compliance with all other terms and conditions of this agreement, Provider hereby grants Customer a non-exclusive, non-transferable (except in compliance with Section 13(j)) right to access and use the Services during the Term, solely for use by Authorized Users in accordance with the terms and conditions herein. Such use is limited to Customer's internal use. Provider shall provide to Customer the necessary passwords and network links or connections to allow Customer to access the Services. The total number of Authorized Users will not exceed the number set forth in the plan purchased by Customer, except as expressly agreed to in writing by the Parties and subject to any appropriate adjustment of the Fees payable hereunder.
• (b) Implementation. Provider offers an onboarding session for all Customers at no additional cost (the “Onboarding Session”). In the Onboarding Session, a Provider account manager will provide administrative training and assist Customer with initial setup. Customer is permitted up to three (3) Onboarding Sessions at no additional cost.
• (c) Documentation License. Subject to the terms and conditions contained in this Agreement, Provider hereby grants to Customer a non-exclusive, non-sublicenseable, non-transferable (except in compliance with Section 13(j)) license to use the Documentation during the Term solely for Customer’s internal business purposes in connection with its use of the Services.
• (d) Use Restrictions. Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Services or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or Documentation; or (v) use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
• (e) Reservation of Rights. Provider reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP.
• (f) Suspension. Notwithstanding anything to the contrary in this Agreement, Provider may temporarily suspend Customer’s and any Authorized User’s access to any portion or all of the Services if: (i) Provider reasonably determines that (A) there is a threat or attack on any of the Provider IP, (B) Customer’s or any Authorized User’s use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other customer or vendor of Provider, (C) Customer, or any Authorized User, is using the Provider IP for fraudulent or illegal activities, (D) subject to applicable Law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding, (E) Provider’s provision of the Services to Customer or any Authorized User is prohibited by applicable law, or (F) technical repairs or maintenance are required to the Provider Systems; (ii) any vendor of Provider has suspended or terminated Provider’s access to or use of any third-party services or products required to enable Customer to access the Services; or (iii) in accordance with Section 5(a) (any such suspension described in sub-clause (i), (ii), or (iii), a “Service Suspension”). Provider shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Services following any Service Suspension. Provider shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Provider will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of a Service Suspension.
• (g) Changes. Provider reserves the right, in its sole discretion, to make any changes to the Services and Provider Materials that it deems necessary or useful to: (a) maintain or enhance: (i) the quality or delivery of Provider’s services to its customers; (ii) the competitive strength of or market for Provider’s services; or (iii) the cost efficiency or performance of the Services; or (b) to comply with applicable Law.
• (h) Subcontractors. Provider may, from time to time, in its discretion engage third parties to perform Services (each, a “Subcontractor”).
• (i) Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Provider may monitor Customer’s use of the Services and collect and compile Aggregated Statistics. As between Provider and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. Customer acknowledges that Provider may compile Aggregated Statistics based on Customer Data input into the Services. Customer agrees that Provider may (i) make Aggregated Statistics publicly available in compliance with applicable Law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable Law; provided that such Aggregated Statistics do not identify Customer or Customer’s Confidential Information.
• (j) Suspension or Termination of Services. Provider may, directly or indirectly, and by use of a Provider disabling device or any other lawful means, suspend, terminate or otherwise deny access to, or use of, all or any part of the Services or Provider Materials by Customer, any Authorized User or any other Person, without incurring any resulting obligation or liability, if: (a) Provider receives a Governmental Order that expressly or by reasonable implication requires Provider to do so; or (b) Provider believes, in its sole discretion, that: (i) Customer or any Authorized User has failed to comply with, any term of this Agreement, accessed or used the Services beyond the scope of the rights granted or for a purpose not authorized under this Agreement or in any manner that does not comply with any instruction or requirement of the Specifications; (ii) Customer or any Authorized User is, has been, or is likely to be involved in any fraudulent, misleading or unlawful activities; or (iii) this Agreement expires or is terminated. This Section 2(j) does not limit any of Provider’s other rights or remedies, whether at Law, in equity or under this Agreement.

3. Customer Responsibilities.

• (a) General. Customer is responsible and liable for all uses of the Services and Documentation resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by Customer will be deemed a breach of this Agreement by Customer. Customer shall use all reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services, and shall cause Authorized Users to comply with such provisions.
• (b) Specific Customer Obligations: Customer further guarantees, acknowledges and agrees that:
• (i) it will keep private and secure all access credentials and passwords provided to it;
• (ii) it will set up, maintain and operate in good repair and in accordance with the Documentation all Customer Systems on or through which the Services are accessed or used;
• (iii) it will provide Provider personnel with such access to Customer’s premises and Customer Systems as is necessary for Provider to perform the Services in accordance with the terms of this Agreement;
• (iv) it will assume full responsibility for all Customer Data, content and information it posts, uploads or otherwise provides to the Provider Systems;
• (v) it will not upload any Customer Data, content or materials that are potentially fraudulent, deceitful, defamatory, obscene, violent, hateful, racially discriminatory, illegal or offensive and further agrees that any content uploaded by Customer is in their sole discretion and that Provider is not responsible for such content and cannot be held liable for same;
• (vi) any content uploaded or actions performed through Customer’s Whiz League Account are done so at the Customer’s own risk;
• (vii) all correspondences and dealings with users of their Whiz League Account or website are their sole responsibility;
• (viii) it has express permission to use all content and images on their Whiz League Account;
• (ix) it has received consent from their end-users before adding them into their Whiz League Account; and
• (x) it will provide all cooperation and assistance as Provider may reasonably request to enable Provider to exercise its rights and perform its obligations under and in connection with this Agreement.
• (c) Effect of Customer Failure or Delay. Provider is not responsible or liable for any delay or failure of performance caused in whole or in part by Customer’s delay in performing, or failure to perform, any of its obligations under this Agreement (each, a “Customer Failure”).
• (d) Third-Party Products. Provider may from time to time make Third-Party Products available to Customer. For purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions. It is Customer’s sole responsibility to read and understand such terms and conditions. Provider neither owns nor operates such Third-Party Products, has no control of them, and makes no representations or warranties with respect to them. If Customer cannot or will not abide by the terms and conditions of such Third-Party Products, they may be precluded from using the Services.

4. Service Levels; Support; Data Backup. Subject to the terms and conditions of this Agreement:

• (a) Provider will use commercially reasonable efforts to make the Services available at least 99.9% of the time as measured over the course of each calendar quarter during the Term (each such calendar quarter, a “Service Period”), excluding unavailability as a result of any of the Exceptions described below in this Section 4 (the “Availability Requirement”).
• (b) For purposes of calculating the Availability Requirement, the following are “Exceptions” to the Availability Requirement, and neither the Hosted Services will be considered un-Available nor any Service Level Failure be deemed to occur in connection with any failure to meet the Availability Requirement or impaired ability of Customer or its Authorized Users to access or use the Services that is due, in whole or in part, to any:
• i. act or omission by Customer or any Authorized User/access to or use of the Services by Customer or any Authorized User, or using Customer’s or an Authorized User’s Access Credentials, that does not strictly comply with this Agreement and the Services;
• ii. delay or failure of performance caused in whole or in part by Customer’s delay in performing, or failure to perform, any of its obligations under this Agreement;
• iii. Internet connectivity of Customer or its Authorized User;
• iv. Force Majeure Event;
• v. failure, interruption, outage or other problem with any software, hardware, system, network, facility or other matter not supplied by Provider under this Agreement;
• vi. scheduled downtime; or
• vii. disabling, suspension or termination of the Services under Section 2(j).
• (c) Support. Technical support is provided for Customers if the support request is directly and solely regarding the Services so long as the request is made on a weekday (Monday through Friday) between 10:00 and 18:00 Eastern Standard Time (excluding Canadian Holidays). Within such hours, Provider can provide a guarantee of a response time within one (1) business day of the request being received by Provider. In the unlikely event where a server issue causes any downtime, the matter would receive the highest priority to ensure immediate access is made available. Provider will answer all support requests in the order that they are received as long as they are pursuant to the guidelines specified in this Section 4(c). If a request is made outside of these times, Provider will respond at the earliest possible time that falls within its business hours as outlined above, following the order in which requests are received. The type of support that a Customer is entitled to depends on the plan that they are subscribed to and Provider reserves the right to decline providing support if contacted through a means that is not supported by the Customer’s current plan. Support will only be provided to Authorized Users and will not be provided to anyone else, including, but not limited to, registered non-administrators, people and/or persons claiming to be an administrator without being able to prove their identity, and employees or executives of the Customer who are not Authorized Users. Before contacting Provider’s support services, the Customer must have used due diligence in exhausting all attempts to investigate and solve their problem on their own, including, but not limited to, the use of the Provider help center. The Customer agrees to use the Provider support services on a reasonable basis and when necessary. Provider reserves the right, in its sole and absolute discretion, to terminate or suspend the support services for Customers fail to use the support services in accordance to the terms hereof.
• (d) Data Backup. Providers will take industry-standard precautions to maintain and back up Customer’s data on a periodic basis. Providers take daily snapshots to help ensure that Customer data will be maintained even in the highly unlikely event of server downtime. The Services do not replace the need for Customer to maintain regular data backups or redundant data archives. PROVIDER HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION OR RECOVERY OF CUSTOMER DATA.

 

3.3 Recurring Subscriptions

If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize Whiz League to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that Whiz League is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Whiz League, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., you bank or a payment processor) to continue charging your account as authorized by you.

3.4 Special Notice for International Use; Export Controls

Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of Indian export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

3.5 Commercial Use

Unless otherwise expressly authorized herein or by Whiz League in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

4. Intellectual Property Rights

 

4.1 Service Content, Software and Trademarks

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Whiz League, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Whiz League from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Whiz League, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Whiz League reserves any rights not expressly granted herein. The Whiz League name and logos are trademarks and service marks of Whiz League (collectively the “Whiz League Trademarks”). Other Whiz League, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Whiz League. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Whiz League Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Whiz League Trademarks will inure to our exclusive benefit.

4.2 Third Party Material

Under no circumstances will Whiz League be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Whiz League does not pre-screen content, but that Whiz League and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Whiz League and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Whiz League, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

4.3 User Content Transmitted Through the Service

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.

By uploading any User Content you hereby grant and will grant Whiz League, its affiliated companies and partners (including but not limited to Whiz League instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Whiz League, its affiliated companies or partners are non-confidential and Whiz League, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Whiz League may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Whiz League, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4.4 Copyright Complaints

Whiz League respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Whiz League of your infringement claim in accordance with the procedure set forth below.

4.5 Content Rights

All Content shared on the Whiz League is a confidential and proprietary property of Whiz League Private Ltd. If any individual or entity is found to have recorded and / or published and/ or share our proprietary works without our permission on any platform online or offline will be liable to monetary sanctions and legal action.

You may also contact us by mail or facsimile at: [email protected]

Address:

Whiz League Pvt Ltd. 

3/28A/2B, Nagla Jawahar, Khandari 

Agra, Uttar Pradesh, India 282002

 

To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

4.5 Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within NCR District of Delhi and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Whiz League will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

4.6 Repeat Infringer Policy

Whiz League has adopted a policy of terminating, in appropriate circumstances and at Whiz League' sole discretion, users who are deemed to be repeat infringers. Whiz League may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

5. Third Party Websites

 

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Whiz League has no control over such sites and resources and Whiz League is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Whiz League will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Whiz League is not liable for any loss or claim that you may have against any such third party.

6. Social Networking Services

 

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Whiz League' use, storage and disclosure of information related to you and your use of such services within Whiz League (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Whiz League shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, Whiz League is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Whiz League is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Whiz League enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

7. Indemnity and Release

 

You agree to release, indemnify and hold Whiz League and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a Delhi resident, you waive Delhi Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

8. Disclaimer of Warranties

 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, Whiz League EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WHIZ LEAGUE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

9. Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHIZ LEAGUE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHIZ LEAGUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL WHIZ LEAGUE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID WHIZ LEAGUE IN THE LAST SIX (6) MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

10. Binding Arbitration; Class Action Waiver

 

At Whiz League' or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by individual (not group) binding arbitration to be conducted before a lawyer. Unless otherwise agreed by the parties, arbitration will be held in Delhi before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, and will be conducted in accordance with the rules and regulations promulgated unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Notwithstanding the provisions of the introductory section above, if Whiz League changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Whiz League' email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Whiz League in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND Whiz League REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

11. Termination

 

You agree that Whiz League, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Whiz League believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Whiz League may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Whiz League may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Whiz League will not be liable to you or any third party for any termination of your access to the Service.

After registration, user will be given access to the program materials and classes for a period of one year ( with date of purchase). Access to program materials will be terminated at the end of this period, and we cannot guarantee that the materials will be available after this time.

12. Disputes between Users

 

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Whiz League will have no liability or responsibility with respect thereto. Whiz League reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

13. General

 

These Terms of Service constitute the entire agreement between you and Whiz League and govern your use of the Service, superseding any prior agreements between you and Whiz League with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Delhi without regard to its conflict of law provisions. With respect to any disputes or claims not subject to