TERMS AND CONDITIONS
General Privacy Terms
- About PrepLadder and the Platform
- Platform Services
- Right to Access and Account Creation
- Subscription Terms
- Use of the Platform
- User-generated Content and Ownership
- You Conduct on the Platform
- Claims against User-generated Content and use of third-party intellectual property
- PrepLadder’s Rights
- Processing of Personal Information
- Platform Availability
- Deletion of Account
- Limitation of Liability
- Indemnity and Release
- OFAC (Office of Foreign Asset Control)
- California Civil Code Section 1789.3
- Applicable Laws and Jurisdiction
- General Provisions
- Contact for User Support/Queries
- Consumer Grievances
- Contact Us
Welcome to PrepLadder We hope that you have a great experience using our Platform.
These Terms and Conditions (“Terms and Conditions”) set out the terms and conditions for use of https://www.prepladder.com (the “Site”), the mobile application(s) (the “Application”) and any features, subdomains, content (except as specified hereunder), functionality, products, services (including the Services), media, applications, or solutions offered on or through the Site and/or the Application and/or through any modes, medium, platform or format, including through Secure Digital (‘SD’) cards, tablets or other storage/transmitting device (hereinafter collectively referred to as the"Platform"/ "PrepLadder Platform".
Platform Terms are an electronic record under the Information Technology Act, 2000, the Information Technology (Amendment) Act, 2008, and other such applicable laws and regulations applicable to electronic records (including any federal laws), as introduced/amended from time to time and is generated by a computer system; as such, the Platform Terms does not require any physical, electronic, or digital signature. Your acceptance of the Platform Terms forms a legally binding agreement between you and PrepLadder (“Agreement”). Hence, please take your time to read the Platform Terms in their entirety.
When we speak of “PrepLadder”, “we”, “us”, and “our”, we collectively mean Sorting Hat Technologies Private Limited – a company incorporated in India and all of its affiliates which have license to host the Platform and offer Services. Kindly refer to the ‘About PrepLadder and the Platform’ section of these Terms and Conditions to know which PrepLadder entity your Agreement will be with.
All capitalized terms are defined/have the meaning assigned to it under these Terms and Conditions. In other words, if you find any word herein that has its first letter capitalized, then it means that we have explained the meaning such word has in the context of these Terms and Conditions and/or the Platform Terms; if not here, then it will be provided in the relevant Platform Terms – when we refer to any such term in these Terms and Conditions, we will try and specify where in the Platform Terms you can find the meaning/definition.
PrepLadder Private Limited, a company incorporated under the (Indian) Companies Act, 2013, having its corporate office at Plot No. A 12, IT Park, Chandigarh- 160101, India (“PrepLadder India”). In any jurisdiction other than India, wherever Services are rendered through the Platform, the same is offered by PrepLadder India and / or its affiliates (as relevant pursuant to appropriate intra group contractual arrangements). For knowing with which entity of your Agreement will be, please refer the list in Annexure A below.
PrepLadder Platform is an online service platform enabling Content Providers to create and offer content in various formats including without limitation audiovisuals, audio, pre-recorded audiovisuals, live audiovisuals and/or in written form in a diverse range of categories through various modes and means (“Content Provider Content”) and publish and make available such Content Provider Content to the Learners. PrepLadder acts as an intermediary between the Content Providers and Learners [in accordance with the Information Technology Act, 2000, or the Digital Millennium Copyright Act (as amended from time to time)] or other equivalent / similar legislations and makes available the Content Provider Content to the Learners, including through subscription offerings (refer to the Subscription Terms below to know more). PrepLadder may also offer, either directly or indirectly (through other third party platforms), other incidental and ancillary services which may include without limitation question banks, mock tests, doubt-solving solutions, live mentorship live videos, contests, scholarships, webinars and events (physical and/or online) and facilitating discussion forums.
For the purpose of the Platform Terms, usage of the terms“Platform Services”/ “Services” shall mean and include all the services referred to in this section and such other products or services as may be offered by PrepLadder.
You agree and acknowledge that PrepLadder shall have the right at any time to change or discontinue any Service, product, aspect, or feature of the Platform, including without limitation to, the User-generated Content (to the extent it is permitted to, or required, by virtue of being an ‘intermediary’), its availability and Supported/Compatible device required to access or use the Services. PrepLadder reserves the right to terminate your Subscription and / or restrict your access to the Platform, if you choose not to provide / partially provide the requested information and/or fail to adhere to the Platform Terms.
Right to Access and Account Creation
As a Learner, to access the Platform and use certain Services, you will be required to register and create an account on the Platform by providing the requested details.
To access and register on the PrepLadder Platform you must meet the ‘Age Requirements’ specified hereinbelow. By using the PrepLadder Platform, you, through your actions, affirm that the Age Requirements are met- by you.
You can register on the Platform for free however, certain Services offered on the Platform may be chargeable. Please review the Service offerings on our Site or Application(s). You are not obligated to purchase any product or use any Service offered on the Platform.
- Age Requirements to register and use on the Platform (“Age Requirements”):
- If you are a resident of India or any other country (except USA, UK or EU countries), then you must have attained at least 18 (eighteen) years of age to register and use the PrepLadder Platform;
- If you are a resident of the European Union (EU) country and have attained at least 16 (sixteen) years of age, then you are permitted to register and use the PrepLadder Platform; and
- If you are a resident of the United States of America (USA) or United Kingdom (UK) and have attained at least 13 (thirteen) years of age, then you can register and use the PrepLadder Platform.
- If you are a resident of the US, UK or EU countries and are between the ages 13 and 18/ 16 and 18 respectively or if you are resident of any other country and are considered to be of any age determined for use of internet services but are less than the contractual age determined by the applicable laws of such country, then by using the Platform, you confirm to us that your use of the Platform is with the permission of your Parent(s) (as defined below), and your Parent has read, agreed and accepted to the Agreement; and in the event of any dispute between you and PrepLadder pursuant to your Agreement with us, the terms of our Agreement shall be applicable to and enforceable against your Parent.
PrepLadder reserves the right to terminate your Subscription and / or restrict your access to the Platform, if it is discovered that you do not meet the Age Requirements and/or the consent to register and use the Platform is not obtained as stated above. You acknowledge that PrepLadder does not have the responsibility to ensure that You conform to the aforesaid Age Requirements. It shall be your sole responsibility to ensure that the required qualifications are met.
If you are a Content Provider, your access and use of the Platform may additionally be subject to separate agreement(s) with PrepLadder and shall be collectively governed by the terms of such agreement, the Terms and Conditions, other Platform Terms, and such other terms as may be communicated or agreed with you from time to time.
You are responsible for maintaining the confidentiality of your account and password to access the Platform. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform and to restrict access to your device to prevent any unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other Personal Information. You should take all necessary steps to ensure that the password is kept confidential and secure at all times, and if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you agree to immediately change your password or inform us of any unauthorized access to or use of your username or password, so that we are able to help you stop or prevent such unauthorized access. Please ensure that the details you provide us are correct and complete.
Please note that we reserve the right to reject or put on-hold your registration on the Platform as may be required to comply with any legal and regulatory provisions, and also reserve the right to refuse access to the Platform, terminate accounts, remove content at any time without providing any notice to you, and/or reserve the right to disable any account, feature, or identifiers, whether chosen by you or provided by us, at any time if, in our opinion, any information provided by you violates or you have violated any provision of the Platform Terms or any applicable law or government policies.
Further, to access the Platform, create, publish and/or view the User-generated Content on the Platform, you will need to use a "Supported/Compatible Device" which means a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which you are authorized to operate the Platform. The Supported/Compatible Devices to access the Platform and/or avail the Services may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that you use is compatible with our system/software to use the Platform and avail the Services offered therein.
For Learners, PrepLadder does not charge any fee for registration and account creation. However, certain Services offered by PrepLadder may be chargeable. Accordingly, access to certain Services and features is offered by PrepLadder through a multi-tiered paid subscription plan(s) or purchases; the details of the Services and applicable features along with their corresponding prices can be found on our Site and/or Application (“Subscription”/ “Subscription Service”). You can purchase Subscriptions by following the instructions you encounter as you navigate through the Platform.
- The terms that are applicable to Your purchase of Subscription(s) –
- Purchase of a Subscription will allow you access only to the content available under the category of content for which you have purchased the Subscription.
- The Services offered, and the validity/term of your Subscription (“Subscription Period”) may vary depending on the plan you may purchase. Hence, before you proceed to purchase any Subscription, please read and understand the details of the Subscription(s) you intend to purchase on the Platform. If you are unclear about any part of the Subscription offering or need further clarification, then, prior to your purchase, please feel free to write to us at the email address provided in the ‘Contact for User Support/Queries’ section below.
- We may personalize Services and feature them as part of Subscriptions, including showing you recommendations on content in the subscribed category, and other related categories that might be of interest to you. We also endeavor to continuously improve the Subscription offerings to improve your Platform experience.
- Subscription Period may be extended upon renewal of your already purchased Subscription. The terms of renewal, if any, can be found on our Site and/or Application. However, please note that the prices may stand revised from the time of your first purchase of the Subscription.
- The Subscription is of a personal nature and is solely for the benefit of the person subscribing and is not allowed to be resold by you or transferred to or shared with any other person for consideration or otherwise. In the event we get to know that any User has resold / transferred / shared Subscription with another person, then PrepLadder retains the right to cancel/terminate the Subscription forthwith.
- Owing to various factors, including any limitations by contract, Content Providers may change from time-to-time and as a mere platform provider, PrepLadder cannot guarantee the continued services of any Content Provider.
- Due to the limitations, if any, imposed on us by our Content Providers (who own the Content Provider Content), the Content Provider Content we make available to you under any Subscription offering are subject to restrictions on viewing access and on the length of time we make them available to you. These restrictions may change over time as we add new features, devices, and content to our Subscription Service. Illustratively, following are some of the restrictions that are applicable to your access to the content (made available through Subscription Service or otherwise):
- Live – Streaming of Content Provider Content/ Live Videos: You will get access to attend live videos (in other words, live- streamed content), if the same is offered as part of your purchased Subscription. The access shall be available to you through the Platform during the Subscription Period and shall be subject to the Platform Terms. Please be sure to use a Supported/Compatible device (refer to the ‘Right to Access and Account Creation’ section above) while accessing the live videos.
- Viewing Period: Depending on the Subscription, we may make available the pre-recorded videos and/or recorded versions of any relevant live video to you for continued viewing on the Platform (which may include in-app downloading as mentioned below) during your Subscription Period. Please note that availability of the recorded videos and/or the recorded versions of any relevant live video content for your subsequent access on the Platform is subject to our agreements with the Content Providers, and we do not in any manner guarantee the availability of the same for any reason whatsoever.
- In-App Downloading: Depending upon your Subscription, you may only have an option to do in-app downloads and the downloaded content can be viewed by you during the Subscription Period. After downloading the Content Provider Content, you shall have access to the same for the Subscription Period only and all access to the downloaded content shall be removed on expiry or termination of your Subscription, as the case maybe.
- Quality of Streaming: The resolution and quality of the content you receive will depend on several factors, including the type of Compatible Device on which you are accessing the Content Provider Content and your bandwidth, which may increase or decrease over the course of your viewing. While we strive to provide you a high-quality viewing experience, we make no guarantee as to the resolution or quality of the content you will see when streaming.
- Depending on the Subscription Service you have purchased, you may be given access to certain additional Services and features. The additional terms applicable to each of these additional Services may be made available to you on the Platform in the form of terms and conditions or FAQs (Frequently Asked Questions) for that specific Service or may be otherwise communicated to you. Hence, please be sure to go through the Platform Terms to understand the additional services, if any made available to you, and how you can avail the same.
Use of the Platform
- PrepLadder’s Intellectual Property: PrepLadder owns all information and materials (in whatever form or media) provided or communicated or licensed to you by or on behalf of PrepLadder including but not limited to, the Platform, the trademarks, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to PrepLadder, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to you by PrepLadder (“PrepLadder’s Intellectual Property” or “PrepLadder’s IP”). PrepLadder Content specifically excludes any content uploaded by the Users, including without limitation, any User-generated Content (defined under the ‘User-generated Content and Ownership’ section below) on the Platform, and any brand names and trademarks that are not owned by PrepLadder. You acknowledge and agree that you do not acquire any ownership or rights to the PrepLadder’s IP by use of the Platform. You acknowledge and agree that the PrepLadder’s IP is protected by the copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorize use, reproduction, modification, distribution, transmission, republication, display, or performance of the PrepLadder’s IP and/or any component thereof is strictly prohibited and may result in legal / penal consequences.
It is further clarified that, PrepLadder, its logo, and other marks indicated on our Platform are our trademarks or registered trademarks. Platform's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of the Platform. PrepLadder’s trademarks and trade dress may not be used in connection with any product or service that is not PrepLadder’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PrepLadder. PrepLadder’s IP will not be used, modified, or altered by you in any way. All other trademarks not owned by PrepLadder that appear on this Platform are the property of their respective owners, who may or may not be gated with, or connected to PrepLadder.
- License to use the Platform: Except as expressly permitted under any of the Platform Terms or otherwise in writing, you will not reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information).
- License to Learner(s): Subject to the Platform Terms, PrepLadder hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the PrepLadder Platform for your own personal, non-commercial, and private use on an ‘as is’ basis in accordance with these Terms and Conditions and other Platform Terms.
Subject to payment of the Subscription fee, and your compliance (as a Learner) with all Platform Terms, PrepLadder and the Content Providers grant you (as a Learner) a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Subscription Period, to access and view the Content Provider Content you have subscribed to and attend live videos in association with your Subscription on an ‘as-is’ basis, for personal, non-commercial, private use only, in accordance with the Platform Terms. We may automatically remove your access to the content from your Compatible Device after the end of the Subscription Period or in accordance with any restriction mentioned in the Platform Terms.
- License to Content Provider(s): If you are a Content Provider, PrepLadder grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for your own personal and commercial use in accordance with these Platform Terms and any other agreement(s) that may be executed between you (as a Content Provider) and PrepLadder (as applicable).
- License to Learner(s): Subject to the Platform Terms, PrepLadder hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the PrepLadder Platform for your own personal, non-commercial, and private use on an ‘as is’ basis in accordance with these Terms and Conditions and other Platform Terms.
- Restrictions on usage of the Platform: The license granted to you is limited to the purpose defined under the Platform Terms. You shall not use the Platform for any purpose or in any manner other than as expressly permitted under the Platform Terms, and you shall not, either by yourselves or through any other person, do or cause the doing of, any act or omission that would result in:
- distribution of any part of the Platform or the PrepLadder’s IP (as defined above), through any mode or medium, without PrepLadder’s prior written authorization.
- alteration or modification of or tampering with any part of the Platform or result in creation of other derivative works of the Platform or the Services offered therein.
- reverse engineering, disassembly, or de-compilation of the Platform or any part thereof or result in derivation of the source code of any software included in the Platform or made available to you as part of the Services using means or processes that are deemed unauthorized and/or illegal.
- accessing or using the Platform in a way intended to avoid incurring fees or exceeding usage limits or quotas.
- gaining access to User-generated Content of another User or to Content Provider Content, to which you do not have authorized or legitimate access to.
- circumvention or attempt to circumvent any limitations imposed on your account;
- probing, scanning, or testing of the vulnerability of any system or network used by PrepLadder, unless PrepLadder has given you a prior written authorization.
- sale of access to the Platform (other than as permitted under the Platform Terms) or sale of any advertising, sponsorship, or promotion space on or within the Platform, without PrepLadder’s prior written approval.
- use or launch of any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Platform in a manner that sends more request messages to PrepLadder’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
- unauthorized collection or harvesting of any personally identifiable information, including account names, from the Platform, or in unauthorized use of the communication systems provided by the Platform.
- extraction of any substantial parts of this Platform for re-utilization, including through utilization of any data mining tools, robots, or similar data gathering and extraction tools, without PrepLadder’s express prior written consent.
- purchase of search engine or other pay per click keywords (such as Google AdWords), or domain names that use the name ‘PrepLadder’ or PrepLadder’s trademarks and/or variations and misspellings thereof.
- rendering the Platform vulnerable to security breaches by using rooted devices to access the Platform.
- Other terms applicable for your use of the Platform:
- You agree to receive installs and updates from time to time from PrepLadder. These updates are designed to improve, enhance, and further develop the Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit PrepLadder to deliver these to you) as part of your use of the Platform.
- Notwithstanding anything stated to the contrary herein in this section of the Platform Terms, PrepLadder grants the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. PrepLadder reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard.
- You may post reviews, comments and other Content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the Content so submitted or sent is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. When you submit any reviews, comments or testimonials to PrepLadder including any images, photographs, videos or animation in such reviews, comments or testimonials, PrepLadder shall have the right to make such reviews comments or testimonials publicly available on its Platform and/or through any other modes, medium, platform or format. By accepting our Platform Terms, you hereby grant PrepLadder a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, share, display, publish, retain, make available such reviews, comments and/or testimonials on the Platform and/or on any other platform through any other modes, medium, or format.
- You will not misrepresent or embellish the relationship between PrepLadder and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavours). You will not imply any relationship or affiliation between PrepLadder and you.
- PrepLadder may, from time to time, offer access to services that are classified as beta version. Access to and use of beta versions may be subject to additional agreements. PrepLadder makes no representations that a beta version will ever be made generally available and reserves the right to discontinue or modify a beta version at any time without notice. Beta versions are provided ‘as is’, and may contain bugs, errors, or other defects. Your use of a beta version is at your sole risk.
User-generated Content and Ownership
- Ownership of User-generated Content: You shall remain the sole owner of any content uploaded or published or submitted or posted by you on the Platform, including without limitation, the Content Provider Content, any text, image, media, written statements or other content posted or published by a User anywhere on the Platform, including without limitation, in the comments section (“User-generated Content”). PrepLadder does not claim ownership over any User-generated Content uploaded/published by any User on the Platform.
For clarity, you retain all rights and ownership in your User-generated Content. However, you grant a limited license to PrepLadder to make available the User-generated Content on the Platform. Please read the ‘License to User-generated Content’ section below to know the exact nature of license and rights you grant to PrepLadder. You agree and acknowledge that PrepLadder has no control over and assumes no responsibility for, the User-generated Content and you expressly relieve PrepLadder from any and all liability arising from the User-generated Content.
- Terms applicable for the User-generated Content:
- You shall be solely responsible for your own User-generated Content and the consequences of submitting and publishing such content on the Platform. In respect of your User-generated Content, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User-generated Content.
- You further agree that no content submitted by you on the PrepLadder Platform will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant PrepLadder the necessary license and rights required under the Platform Terms. You shall solely be responsible for all claims in respect of your User-generated Content published on the Platform.
- You confirm that you shall not host, display, upload, modify, publish, transmit, store, update or share any content or any information on the Platform that:
- is defamatory, obscene, pornographic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to Children;
- infringes any patent, trademark, copyright or other proprietary rights of another;
- violates any law, statute, ordinance or regulation or Platform Terms;
- deceives or misleads any User, including your End-Users, about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- is false, inaccurate or misleading;
- is obscene or contain pornography; and/or
- Contains any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- As a User, you may submit User-generated Content on the Platform. However, you must understand that PrepLadder does not guarantee any confidentiality with respect to any User-generated Content you submit.
- License to User-generated Content: By submitting the User-generated Content on the Platform, you hereby grant PrepLadder a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, share, display, publish, retain, make available online and/or electronically transmit such User-generated Content as well as technical information collected via the Platform to the extent necessary (i) to provide the Platform and our Services; (ii) to perform our obligations under the Platform Terms and other written agreement with the User; (iii) to provide, monitor, correct, and improve the Platform and Services related thereto; (iv) for the PrepLadder Platform and PrepLadder’s (and its successors’, subsidiaries and affiliates’) business, including without limitation for promoting and redistributing part or all of the PrepLadder Platform in any media formats and through any media channels; and (v) to comply with applicable laws.
You also hereby grant each User of the Platform a limited, non-exclusive license to access your User-generated Content through the Platform.
Your Conduct on the Platform
- Your conduct on the Platform shall strictly be in accordance with the User Guidelines and other Platform Terms.
- You understand that as a User you may interact with Minors/Children (refer to ‘Right to Access and Account Creation’ section above) on the Platform; accordingly, you shall make yourself fully aware of our Minor & Learner Interaction Guidelines and conduct yourself in accordance thereof.
- You understand and confirm that you shall not during your use of the PrepLadder Platform at any time post or publish any content, comments or act in any way which will amount to harassment or discrimination of any other User. If at any given point it comes to PrepLadder’s notice that you have engaged in any kind of harassment or discrimination of other Users, then in such a case you agree that PrepLadder shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
- PrepLadder does not endorse any User-generated Content submitted on the PrepLadder Platform by any User, or any opinion, recommendation, or advice expressed therein. PrepLadder expressly disclaims any and all liability in connection with User-generated Content. PrepLadder does not permit copyright infringing activities and infringement of intellectual property rights on the PrepLadder Platform, and PrepLadder will remove all User-generated Content if properly notified that such User-generated Content infringes on another’s intellectual property rights in-line with its obligations as an ‘intermediary’. PrepLadder reserves the right to remove User-generated Content without prior notice if it has reason to believe that the User-generated Content is violative of these Terms and Conditions. Please refer to the ‘Claims against use of Third-Party Intellectual Property’ section below to understand the process to notify PrepLadder about any infringing content and the process of takedown followed by PrepLadder.
- You shall not engage in any activity that increases/optimizes the User views on any particular Content Provider; these activities, without limitation, include creating multiple fake accounts as Learners, either by yourself or through a third-party.
- You shall not engage in any activity that will negatively impact PrepLadder and/or other Users of the Platform, including without limitation, activities that involve screen-recording, screen-casting or downloading on any other device of any Content Provider Content (live or recorded) in any manner that is not directly facilitated as feature within the Platform and/or sharing or otherwise publishing such screen-recorded content on third-party platforms, either for a cost or otherwise. If PrepLadder becomes aware of your engagement, either by yourself or through a third-party, in any such activity, then PrepLadder may immediately terminate your or such User’s access / Subscription along with termination and removal of access to all downloaded content with a right to initiate appropriate legal action, at the sole discretion of PrepLadder.
If any User(s) submits suggestions, ideas, comments, or questions containing product feedback about the Platform or any of the Services, either through the Platform or otherwise (“Feedback”) , then such User(s) grants PrepLadder and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Feedback in any form. Users shall have no intellectual property right in the Platform as a result of PrepLadder’s incorporation of their Feedback in the Platform.
Claims against User-generated Content and use of third-party intellectual Property
Please note that PrepLadder does not monitor or have any control over or does not warrant, and makes no claim or representation regarding the accuracy, completeness, or usefulness of any User-generated Content provided on the Platform by its Users and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, such User-generated Content. PrepLadder disclaims all liability and responsibility arising from any reliance placed on such materials by you. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the PrepLadder Content, are solely the responsibility of the User providing those materials.
Further, at PrepLadder, we respect the intellectual property of others just as much ours and, hence, if you believe that your intellectual property rights or of any person you are aware of , have been used in a way that gives rise to concerns of infringement, then kindly write to us at legal@PrepLadder.com with complete details as required hereunder.
If PrepLadder has knowledge of or has any reason to believe that any content on the Platform violates the intellectual property rights of PrepLadder or other Users, then we reserve the right to remove access to such content in accordance with takedown practices specified hereinbelow.
- Copyright Complaints and Takedown Policy: All complaints/ notices of alleged copyright infringements or violations received by PrepLadder shall be processed, investigated and appropriate actions will be taken in the following manner: For all User-generated Content published in respect of Services offered , complaints/ notices of alleged copyright infringements or violations received by PrepLadder shall be dealt with in accordance with the Indian Copyright Act, 1957 (as amended from time to time). If you, in good faith, believe that your work or that of a person you know, has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be emailed to PrepLadder at legal@PrepLadder.com (Subject line: “Copyright: Takedown Request - India”) which contains the information stated hereinbelow. You may also send the said information by mail at: Plot No. A 12, IT Park, Chandigarh- 160101 Please note that by claiming copyright infringement you are initiating a legal process, kindly be sure to consider whether fair use, fair dealing, or a similar exception to copyright apply before you report.
- To be effective, the notification you send to us must be in writing and contain the following information:
- an electronic or physical signature of you or 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 Platform, with enough detail that we may find it on the Platform;
- 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.
If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Platform is infringing upon a copyright, you may be held liable for damages and attorneys’/lawyers’ fees.
- Trademarks and Other Intellectual Property Rights: A product or service branded with the PrepLadder name or logo is a reflection of PrepLadder. Unless you are one of our licensees, we don’t allow others to make, sell, or give away anything with our name or logo on it.
Further, if you believe that your intellectual property rights (other than copyrights) or that of any person you know have been used in a way that gives rise to concerns of infringement, then kindly write to us at legal@PrepLadder.com with a description of the trademark or intellectual property that you claim has been infringed, a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform, and your address, telephone number, and email address.
- Repeat Infringer Policy:PrepLadder has adopted a policy of terminating users who are deemed to be repeat infringers, in appropriate circumstances and at PrepLadder’s sole discretion. PrepLadder may also at its sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringes any intellectual property rights of others, whether or not there is any repeat infringement. Further, we reserve the right to remove access to any content that we know, or have reason to know, violates the intellectual property rights of PrepLadder or other Users.
- Designated Copyright Agent:
Legal Department, PrepLadder
Email ID: legal@PrepLadder.com
In respect of the entire Platform, PrepLadder reserves the following rights:
- PrepLadder reserves the right to put on-hold or reject or suspend or terminate your registration on the Platform for the purpose of complying with the legal and regulatory requirements.
- PrepLadder reserves the right to remove you and/or the User-generated Content without notice if you violate any provisions of the Platform Terms.
- PrepLadder may modify, terminate, or refuse to provide Services at any time for any reason, without notice.
- Notwithstanding anything contrary stated in the Platform Terms, in its sole discretion, PrepLadder may remove anyone from the Platform at any time for any reason.
- PrepLadder reserves the right to access your account and/or the User-generated Content in order to respond to requests for technical support, to maintain the safety and security of the Platform, legal purposes and for other legitimate business purposes, as necessary, in PrepLadder’s discretion.
- PrepLadder has no obligation to monitor any content that appears on the Platform or review any conduct occurring through the Platform, including any interactions between Users, however, if PrepLadder receives notice or becomes aware of, any violation of the Platform Terms, then, PrepLadder reserves the right to refuse your access to the Platform, terminate accounts or remove such violating content at any time without notice to you.
- PrepLadder reserves the right to block access to the Platform to any Users who are android users, who are accessing the Platform through any rooted devices.
When you visit the Platform, you are communicating with us electronically. You may be required to provide a valid phone number while creating any account with us or while enrolling or purchasing any Subscription Service. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. By providing your information you authorize PrepLadder, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by email, telephone calls, or such other mode of communication with respect to your use of the Platform and regarding the products and services offered by PrepLadder and its affiliates. These communications may be made by or on behalf of PrepLadder, even if your phone number is registered on any state or federal do not call list. Telephone calls may be recorded. You acknowledge that your telephone operator and/or internet service provider may have levied certain charges on you vis-à-vis your communications with PrepLadder as it constitutes availing their services, and you agree to be responsible for all such charges, and PrepLadder will not be responsible for any such charges. Do not submit your information if you do not consent to being contacted by telephone, text, email or such other mode of communication. Further, you will always have an option to unsubscribe / opt out from any promotional communications sent by PrepLadder and / or its affiliates either by following the relevant instructions that may be communicated via text, email or such other mode of communication in which you received a promotional communication or by disabling the options provided within your account on the Platform. Please note that –
- If you opt out of promotional communications, we may still send you transactional communications, such as service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt out of these communications. If you no longer wish to use our Platform or receive any communications from us (except for those that are legally required), then you may delete your account by either writing to us at the email address provided under ‘Contact for User Support/Queries’ section below by using the option enabled within the Platform; and
- We do not sell your Personal Information to third parties, and we do not use your name or name of your company in marketing statements without your consent, which consent, if needed, may be taken by way of your acceptance to the Platform Terms or by reaching out to you.
You acknowledge that any User-generated Content (including without limitation any Content Provider Content, chats, postings, or materials posted by the Users) posted by you on part of the Platform, is neither endorsed nor controlled by us. You further understand and agree that you shall be solely responsible for any User-generated Content published by you on the Platform, including its legality, reliability, accuracy, and appropriateness, and shall be solely liable for the consequences of its publication. You represent and warrant that you own and control all rights in and to any User-generated Content uploaded by you on the Platform, or that you have the necessary licenses or permissions or are legally entitled to use and reproduce such User-generated Content on the Platform.
Processing of Personal Information
Your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance, or due to the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. You agree that PrepLadder will not be liable for any losses that may be incurred by you if for any reason all or part of the Platform is unavailable at any time or for any period for use.
Pricing, Payments, and Refunds
- Pricing and Payments: You can purchase a Subscription Service of your choice for any category(ies) of content by following instructions on the Platform and making the payment applicable for the Subscription you intend to purchase. Please read the below terms applicable for the purchase of your Platform Subscription. The below terms are to be read with any other terms communicated to you at the time of purchase of your Subscription:
- You agree to pay all Subscription fees and charges that are attributable to your account on the Platform and that you are solely responsible for payment of these fees and charges. The Subscriptions are payable in full and in advance and are valid until the completion of the applicable Subscription Period or until otherwise cancelled or terminated in accordance with the terms of this Agreement.
- We reserve the right to pursue the fee owed to us using collection methods which may include charging other payment methods on file with us and/or retaining collection agencies or legal counsel.
- The entity within the PrepLadder group to which your payments will be made will be on the basis of Annexure 1.
- Your payments to PrepLadder shall be subject to applicable taxes including without limitation Goods and Service Taxes (GST) and Value Added Taxes (VAT) or other similar taxes as may be applicable in your country of residence/from where you have created your account on the Platform/ purchased the underlying Subscriptions.
- We reserve the right to change/revise the pricing of the Subscriptions.
- We further reserve the right to offer custom plans and pricing (including discounts and / or special offers) in addition to what is offered on the Platform, which include offering custom billing and payment terms, that are different from our standard terms.
- We use third-party payment gateways and/or aggregators to process payments applicable to the Services offered by us. Third-party payment gateway(s) made available to you may vary depending on the Subscription you choose. Similarly, we have also enabled integration of third-party payment providers to facilitate better payment options to you, which may vary depending on your territory or the Subscription you choose. Third-party payment gateways/aggregators and third-party payment providers shall collectively be referred to as “Third-Party Service Providers”.
- You agree that you are solely responsible for all charges that occur through such Third-Party Service Providers and acknowledge and agree to indemnify, defend, and hold harmless PrepLadder, its licensors, their affiliates, and their respective officers, directors, employees, and agents from any loss arising out of or related to the use of the Platform or any purchases made through the Platform. This obligation will survive your use of the Platform and termination of your Agreement with us. For purposes of the Platform Terms, “Loss” means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs, and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties). PrepLadder shall not be liable to you for any claims arising out of any act or omission on the part of the Third-Party Service Provider(s) including, but not limited to, any lost, stolen, or incorrectly processed payments. PrepLadder expressly disclaims any responsibility and liability for all services provided by the Third-Party Service Provider(s).
- Please note that all Subscription payments are collected by PrepLadder only through the Platform and not through any third parties (except Third-Party Service Provider(s)). We do not usually authorize any third party (except Third-Party Service Provider(s)) to collect monies on our behalf; however, if we have authorized any third party then such third party will have received a written authorization from PrepLadder either by way of any agreement or an authorization letter. Kindly verify with such third party before you make any payments to them, alternatively, you can always check with us by writing to us at email address provided under the ‘Contact for User Support/Queries’ section below.
- Further, PrepLadder is solely authorized to offer discounts / offers, if any, on the Subscription prices. These discounts / offers are communicated on the Platform or via direct communication to you from PrepLadder via email, SMS, phone, or such other means of communication, and can be availed only through the Platform, unless otherwise specifically communicated by PrepLadder. Other than PrepLadder, no person, including without limitation, Content Providers or any third-party platform, are allowed to offer any discounts on the Subscription prices offered on the Platform. PrepLadder shall not be liable for any claims arising from such unauthorized discounts / offers offered by any person (including any third-party platform or Content Provider), other than PrepLadder.
- Cancellation and Refund Policy:You may cancel your Subscription through your account on the Platform. However, please note that there shall be no refund of the fee already paid for the same, unless otherwise specified in the Refund Policy. So, please read these Terms and Conditions and the Refund Policy carefully before purchasing any Subscription.
When you cancel your Subscription, PrepLadder may disable access to features made available to you upon your purchase of Subscription, while your account may continue to exist on the Platform.
Deletion of Account:
If you are a Content Provider, your access and use of the Platform may be subject to a separate agreement with PrepLadder and shall be collectively governed by the terms of such agreement, the Terms and Conditions and other Platform Terms
You agree that the platform, content, and all materials are provided on an “as is” and “as available” basis and your use of the platform shall be at your sole risk. To the fullest extent permitted by law, prepladder, its officers, directors, employees, and agents disclaim and exclude all warranties, express or implied, in connection with the platform and your use thereof. To the fullest extent permitted by law, prepladder excludes all warranties, conditions, terms or representations about the accuracy, security, reliability, quality, availability or completeness of the platform, user-generated content on the platform, or the content of any sites so linked and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of user-generated content or any content on the platform, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the platform, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party, and/or (v) any errors or omissions in any user-generated content or any other content or for any loss or damage of any kind incurred as a result of the use of any user-generated content or any other content that is posted, emailed, transmitted, or otherwise made available via the platform as prepladder is strictly an intermediary as under the information technology act, 2000. Prepladder does not warrant, endorse, guarantee, or assume responsibility for any user-generated content or the platform advertised or offered by a third party through the platform or any hyperlinked services or featured in any banner or other advertising, and prepladder will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of user-generated content or services. As with the purchase of a service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. The services and all accompanying materials, including the content provider content, are offered purely on "as is" basis and prepladder expressly states that the content provider content and the services are not intended to act as a substitute for professional medical opinion on ailments. Prepladder does not claim any guaranteed rank, mark, or success with the use of prepladder platform.
Limitation of Liability
To the fullest extent permitted by law, in no event shall Prepladder, its affiliates, their respective officers, directors, Employees, or agents, be liable to you for any direct, indirect, Incidental, special, punitive, losses or expenses or consequential Damages whatsoever resulting from any (i) errors, mistakes, or Inaccuracies of user-generated content or any other content Available at prepladder, (ii) personal injury or property damage, Of any nature whatsoever, resulting from your access to and use of Our prepladder platforms, (iii) any unauthorized access to or use Of our secure servers and/or any and all personal information And/or financial information stored therein, (iv) any interruption Or cessation of transmission to or from the prepladder platform, (iv) any bugs, viruses, trojan horses, or the like, which may be Transmitted to or through our prepladder platforms by any third Party, and/or (v) any errors or omissions in any user-generated Content or any other content or for any loss or damage of any kind Incurred as a result of your use of any content posted, emailed, Transmitted, or otherwise made available via the prepladder Platform, whether based on warranty, contract, tort, or any other Legal theory, and whether or not prepladder is advised of the Possibility of such damages. We understand that, in some Jurisdictions, warranties, disclaimers and conditions may apply That cannot be legally excluded, if that is true in your Jurisdiction, then to the extent permitted by law, prepladder and Its affiliates limit their liability for any claims under those Warranties or conditions to supplying you the prepladder platform Again. You specifically acknowledge that prepladder shall not be Liable for user-generated content or the defamatory, offensive, or Illegal conduct of any third party and that the risk of harm or Damage from the foregoing rests entirely with you. The prepladder Platform is controlled and offered by prepladder and / or its Affiliates depending upon your jurisdiction. Prepladder makes no Representations that the prepladder platform is appropriate or Available for use in other locations. Those who access or use the Prepladder platform from other jurisdictions do so at their own Volition and are responsible for compliance with local law.
Indemnity and Release
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless PrepLadder, its affiliates, their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the PrepLadder Platform; (ii) your violation of any term of the Platform Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User-generated Content caused damage to a third party; or (v) violation of any applicable laws. This defense and indemnification obligation will survive these Terms and Conditions and your use of the PrepLadder Platform. You hereby expressly release PrepLadder, its affiliates and any of their respective officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against any of PrepLadder, its affiliates and any of their respective officers, directors, employees and agents under any statute, contract or otherwise.
OFAC (Office of Foreign Asset Control)
You represent and warrant that you are not, nor are you owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury's Office of Foreign Asset Control ("OFAC" ), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a "Specially Designated National and Blocked Person", terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a ("Prohibited Person"); (ii) you are not (nor are you owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) you (and any person, group, or entity which you control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) you are not prohibited by any sanctions program as maintained by OFAC from transacting with PrepLadder, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.
Applicable Law and Jurisdiction
The applicable law and jurisdiction is dependent upon which entity forming part of the PrepLadder group is offering you the Platform and the Services, which in turn is dependent upon the Subscription chosen by you. Illustratively, Services provisioned in respect of Subscriptions pertaining to India, PrepLadder India shall be the entity rendering the Services and, accordingly, the Agreement shall be governed by and construed in accordance with the laws of India; and you agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India. Similarly, Services in respect of Subscriptions pertaining to US shall be rendered by PrepLadder Inc. and, accordingly, in such cases, the Agreement shall be governed by and construed in accordance with the laws of State of Delaware, U.S.A. and you agree, as we do, to submit to the exclusive jurisdiction of the courts at State of Delaware, U.S.A.
- Legal Notices: In the event of any other disputes or claims arising from the use of the PrepLadder Platform, please get in touch with us at legal@PrepLadder.com .
- Modification, Amendment or Termination: PrepLadder may, in its sole discretion, modify or revise the Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Platform post any modification of the Agreement shall be taken as your consent and acceptance to such modifications. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits. You are advised to check our Platform frequently to see recent changes and to keep yourself updated with the most recent updates.
- Force Majeure: PrepLadder shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
- Miscellaneous: If any part of the Agreement is found to be unlawful, void or unenforceable, that part of the Agreement will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Platform shall be in writing and sent to the registered office of PrepLadder. We do not guarantee continuous, uninterrupted or secure access to the Platform, and operation of the Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Contact for User Support/Queries
For queries relating to Services offered by PrepLadder India, please write to us at help@PrepLadder.com.
Nodal Officer Details –
Name: Siddharth Manchanda
Name: Nilesh Yadav
If you have concerns or queries regarding the Platform Terms, you may write to us by email at legal@PrepLadder.com or by post to: PrepLadder Private Limited
All Services currently offered on the Platform are provisioned by PrepLadder Private Limited, Plot No. A 12, IT Park, Chandigarh- 160101 .