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Er. Vinay Kumar’s dy/dx Tutorials
3rd floor, pratap bhawan, naval Kishore road, hazratganj,

Lucknow, (U.P.) INDIA

Latest Updated on June 2020

User Policy

Welcome to Online/Offline Video Lecture Package Program, this program will provide the excellent understanding of Undergraduate entrance examination level Physics and it is created and operated by Er. Vinay Kumar’s dy/dx Tutorials (A premier Coaching Institute for Undergraduate entrance examination) (also referred to as vinayphysics). By using Er. Vinay Kumar’s dy/dx Tutorials’ Online/Offline Video Lecture Package Program (also referred to as vinayphysics ), you accept and agree to be bound by the following terms and conditions. Nothing contained in these Terms of Service (ToS) should be construed to confer any rights to a third party beneficiary.

CHANGES TO ER. VINAY KUMAR’S DY/DX TUTORIALS’ ONLINE/OFFLINE VIDEO LECTURE PACKAGE PROGRAM AND TERMS AND CONDITIONS

Er. Vinay Kumar’s dy/dx Tutorials reserves its right to modify or terminate the Er. Vinay Kumar’s dy/dx Tutorials’ Online/Offline Video Lecture Package Program service for any reason, without prior notice, without liability to the user or any other members or third party. Er. Vinay Kumar’s dy/dx Tutorials also reserves the right to modify the ToS from time to time without notice. The user agrees to regularly review the ToS to keep himself/herself apprised of any such changes.

ELIGIBILITY, REGISTRATION AND ACCESS

The decision to grant access to the services of Er. Vinay Kumar’s dy/dx Tutorials is the prerogative of the site & institute (for online as well as offline content) and its decision in this respect shall be final and binding on the proposed user. The user consents that Er. Vinay Kumar’s dy/dx Tutorials reserves its right to take all necessary measures to deny access to its services or the termination of services, if the terms and conditions of the present agreement are not complied with or are contravened or there is any violation of copyright, trademark or other valuable proprietary right as described in this agreement. In order to use the service, the user must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay for the service fees associated with such access. In addition, the user must have all equipment necessary to make such connection to the World Wide Web, including an android or iOS based smart cellphone, a computer and modem or other access devices; that do not form a part of the service.

The use of the Er. Vinay Kumar’s dy/dx Tutorials’ Online/Offline Video Lecture Package Program, or any of its services or features and user to user interface provided in and by this program, the information and material contained therein implies and constitutes the user's consent to this agreement, the user unequivocally agrees to abide by these terms and conditions.
The user agrees that Er. Vinay Kumar’s dy/dx Tutorials has opinions regarding the subject matter contained on this Online/Offline Video Lecture Package Program (website/android application) and these opinions regarding subject matters contained on the program (Online/Offline)/website/android app may be different from those prevalent at that point of time. The user is aware and agrees that these opinions are subject to change from time to time without prior intimation to the user.
The answers, information, material and content have been posted on Er. Vinay Kumar’s dy/dx Tutorials by exercising due diligence and care and are correct and true to the best of the knowledge and intent of the website/android application as well as Institute. However, the user agrees to independently verify the authenticity and veracity of the answers, information, material and content posted on the website/android application. The Institute does not hold any responsibility as to the authenticity and veracity of the answers, information, material and content on the website/android application. The user agrees to indemnify the institute against all actions brought out in this regard. The answers, information, material and content on the website/android application should not be construed as an advice to the user. Any action taken by the user on the basis of the information contained on the website/android application is the responsibility of the user alone and Er. Vinay Kumar’s dy/dx Tutorials will not be liable in any manner for the consequences of such action taken by the user.
The user agrees and understands that the information available on the website/android application is not meant for supplementing the knowledge of the user for competitive exams and promises to hold free the website/android application as well as the institute of all liabilities that may arise from the direct or indirect use of the information available on the website/android application.
The user agrees that the time limits, if any, stipulated by the institute for providing the answers to the queries of the user are only indicative and not definitive. The user understands that the queries of the user may not be answered in a time bound manner due to a high volume of queries at a given point of time.
The user agrees that certain queries of the user may not be answered by the institute due to the highly complex nature of the query, the answers to which can only be provided by having access to specialized and highly skilled resources that are not available with the website/android application as well as the institute due to its limited resource base. The user agrees that answers to queries requiring detailed and advanced graphics is outside the ambit of these terms of service.
The user is aware and understands that Er. Vinay Kumar’s dy/dx Tutorials does not provide any judgment or warranty regarding the authenticity or correctness of the content of other services or sites that the screen links refer to. The user is aware and understands that a link to another service or site is not an endorsement of the service or site and Er. Vinay Kumar’s dy/dx Tutorials shall not be responsible in any manner whatsoever for the consequences of any act or omission on the part of the user on the basis of the information contained in such other services or sites.
Er. Vinay Kumar’s dy/dx Tutorials reserves its right to monitor the use of all or any part of its service without any prior intimation or any obligation to the user.
The user agrees that he/She shall not alter the information, content or material or use of such information, content or material contained on the site for any purpose that constitutes a violation of the copyright of Er. Vinay Kumar or of a third-party information provider. The user agrees not to copy, reproduce, republish, upload, post, transmit or distribute the material in any way for any use without obtaining the prior written consent from Er. Vinay Kumar’s dy/dx Tutorials.
The user agrees that he/she shall not solicit or invite other users to share the credits/points/pack/course/anything else that he earns, that accrue to him/her in his individual capacity; and agrees not to sell the credits/points/pack/course/anything else for any consideration to a third party. In case of a violation of this condition the user shall become liable to pay for the credits/points/course/pack/anything else that he/she has sold or shared and shall forfeit all his credits/points/course/pack/anything else accumulated and his account shall be terminated.
If the user does not agree to any of the terms mentioned in this agreement, then the user should not continue to further proceeding or should exit the website/android application.

ACCESS SECURITY AND PASSWORD

The user might receive a password and account designation upon completing the service's registration process. The user undertakes to maintain the confidentiality of the password and account, and shall be held solely responsible for all acts and omissions that occur under his password or account. Er. Vinay Kumar’s dy/dx Tutorials cannot and will not be liable for any loss or damage arising from the user's failure to comply with the terms and conditions of this agreement. The user should always remember to LOG OFF COMPLETELY from Er. Vinay Kumar’s dy/dx Tutorials, if he/she is accessing it from a public place and also change his password often, and be sure to change it to something inconspicuous.

USER CONDUCT AND PROHIBITED ACTS

The Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute service is made available for personal, non-commercial use only. Broadcasting the same through any means, including but not limited to through the internet, television, handheld devices and other devices, is not permitted and will be considered as a breach of Intellectual Property Rights of the Company. The Company reserves the right to terminate the subscription without any prior notice and also to initiate any legal proceedings in case of such breach. Businesses, organizations or other legal entities are strictly debarred from using the Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute services for any purpose.

The user is prohibited from using the Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from India. The user is solely responsible for his conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other material that he submits, posts, and displays on the Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute service.

The Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute may at its sole discretion remove information, content or material that is incorrect, inaccurate, unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.

Other examples of illegal or unauthorized uses include, but are not limited to:

Modifying, adapting, translating, or reverse engineering any portion of the Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute service;
Removing any copyright, trademark or other proprietary rights notices contained in or on the Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute service;
Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute service;
Collecting any information about other users (including usernames and/or email addresses) for unauthorized purposes;
Reformatting or framing any portion of the web pages/offline content/android application that are part of the Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute service; creating user accounts by automated means or under false or fraudulent pretences;
Creating or transmitting unwanted electronic communications such as "spam," or chain letters to other user or otherwise interfering with other user'senjoyment of the service;
Submitting information or material of any third party without such third party's prior written consent;
Directing any user (for example, by linking) to any information or material of any third party without such third party's prior written consent or the users consent;
Submitting information or material that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
Submitting information or material that are unlawful or promote or encourage illegal activity; or submitting false or misleading information.
Harm minors, children and women in any way or "stalk" or otherwise harass others
Submitting information that is obscene, voyeuristic or contains pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or cause to be displayed or transmitted or circulated through the site in any electronic form, any material which is lascivious or appeal to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to the fact that the site is meant for educational and academic pursuit by students who are yet to reach an age capable of discerning the propriety of the material contained or embodied in such transmission.
Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or a threat to the nation's communal harmony, peace and security.
Upload, post, email or otherwise transmit any Content that the user doesn't have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
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.
Intentionally or unintentionally violate any applicable local, state, national or international law.
Any other conduct, act or behavior that is illegal or unlawful.

While Er. Vinay Kumar’s dy/dx Tutorials prohibits such conduct and content on its site, the user understands and agrees that he nonetheless may be exposed to such information materials and that he shall immediately inform Er. Vinay Kumar’s dy/dx Tutorials of such violation. If the user continues to use the Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute service he/she shall do so at his/her own risk and peril.

USER CONTENT

Certain elements of the site will contain material submitted by users. Er. Vinay Kumar’s dy/dx Tutorials accepts no responsibility for the material and contents, accuracy, conformity to applicable laws of such material.

PROPRIETARY RIGHTS

User acknowledges that all Intellectual Property Rights including but not limited to Copyright, Patent, Trademarks, trade secrets in the products, modules, contents and programs shall continue to vest with the Company at all times. The student/parent shall not have the right to claim any rights over the Intellectual Property in the programs by virtue of them purchasing such programs. Further, under no circumstances, shall the student/parent acquire the right to make copies. The user acknowledges that in the event of breach or threatened breach of this Clause, monetary damages may not be an adequate remedy, therefore, the Company in addition to other rights and remedies shall be entitled to injunctive relief to restrain the student/parent from any such breach, threatened or actual. User further acknowledges and agrees that material and content contained in sponsor advertisements or information presented to the user through the Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Er. Vinay Kumar’s dy/dx Tutorials or advertisers, user agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute service, in whole or in part.

DISCLAIMER OF WARRANTIES

USER EXPRESSLY UNDERSTANDS AND AGREES THAT:

Use of the service is at the user's sole risk. The service is provided on an "as is" and "as available" basis. Er. Vinay Kumar’s dy/dx Tutorials expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and no infringement.
Er. Vinay Kumar’s dy/dx Tutorials makes no warranty that (i) the service will meet the user’s 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, (iv) the quality of any products, services, information, or other material purchased or obtained by the user through the service will meet user's expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at the user's own discretion and risk and that user will be solely responsible for any damage to the user's computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by the user from Er. Vinay Kumar’s dy/dx Tutorials or through or from the service shall create any warranty not expressly stated in the Tos.

LIMITATION OF LIABILITY

Under no circumstances will Er. Vinay Kumar’s dy/dx be liable to the user for any indirect, incidental, consequential, special or exemplary damage arising out of or in connection with use of the Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute service, whether or not Er. Vinay Kumar’s dy/dx has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute service, from inability to use the Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute service, or from the interruption, suspension, or termination of the Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute service (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Under no circumstances shall Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute be liable to the user for any amount exceeding one thousand rupees.

INDEMNITY

The user agrees to indemnify and hold shall Er. Vinay Kumar’s dy/dx Tutorials, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content the user submits, posts or transmits through the service, the user's use of the Service, the user's connection to the Service, the user's violation of the ToS, or the user's violation of any rights of another.

NO RESALE OF SERVICE

The user agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

MODIFICATIONS TO SERVICE

Er. Vinay Kumar’s dy/dx Tutorials reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. The user agrees that Er. Vinay Kumar’s dy/dx Tutorials shall not be liable to the user or to any third party for any modification, suspension or discontinuance of the service.

NOTICE

Notices to the user may be made via email or SMS. The service of the institute may also provide notices of changes to the TOS or other.

TRADEMARK INFORMATION

The websites, android application as well as offline content design and the service marks, other logos, products and service names are trademarks of Er. Vinay Kumar’s dy/dx Tutorials, Lucknow (U.P.) INDIA. The user agrees not to display or use in any manner, the trademarks of Er. Vinay Kumar’s dy/dx Tutorials.

on this Online/Offline Video Lecture Package Program (i.e., websites as well as android application) are held by Er. Vinay Kumar. None of the materials displayed on or within any Er. Vinay Kumar’s dy/dx Tutorials’ products including but not limited to website, USB Drives, SD Cards, Android/iOS application etc, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, modified, altered, reverse engineered, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, screen snapshot/ screen captured, or otherwise, without prior written permission of Er. Vinay Kumar [Er. Vinay Kumar’s dy/dx Tutorials, Lucknow (U.P.) INDIA], the copyright owner.

VIOLATIONS

Please report any violation of the terms and conditions of this agreement to er.vinaydydx@gmail.com

Force Majeure

Er. Vinay Kumar’s dy/dx Tutorials shall have no liability to the user for the matters where it has no control or which are beyond its control and fall in this category.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject.

Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of India and any dispute arising out of the use of Er. Vinay Kumar’s dy/dx Tutorials’ Online/Offline Video Lecture Package Program (including websites, android/iOS applications and every other material, physical & softcopy format, provided) shall be subject to the exclusive jurisdiction of courts at Lucknow, Uttar Pradesh, India. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The user shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent, any such purported assignment or delegation will be null and void and of no force or effect.

User Privacy Policy

The user consents that by subscribing/using the Company’ products, programs or any other services, it expressly allows the Company to improve pedagogy, learning outcomes, predictive learning and to store, use, analyze, distribute, or deal with in any other manner, as the Company deems appropriate, from the information/data captured by the Company through its unique pedagogy of learn, practice and test and from the Customer’s usage of Company’ products, programs or any other services as the Company, its associates or any third party as the Company may authorize.

The user's privacy is critically important to Er. Vinay Kumar’s dy/dx Tutorials. Er. Vinay Kumar’s dy/dx Tutorials has few fundamental principles:

Er. Vinay Kumar’s dy/dx Tutorials asks its users to supply various personal data when placing an order, such as name, address, credit-card information, and valid E-mail id.
Er. Vinay Kumar’s dy/dx Tutorials uses this data only for the purpose of filling an order, or communicating with the user about the status of an order.
Er. Vinay Kumar’s dy/dx Tutorials treats this customer information as private and confidential, and it shall not disclose this information to other individuals or organizations unless required by law.

If the user feels that Er. Vinay Kumar’s dy/dx Tutorials has violated this Statement on Privacy in any way, please contact Er. Vinay Kumar’s dy/dx Tutorials at er.vinaydydx@gmail.com so that we may address this issue.

Refund, Cancellation & Pack Expiration Policy

No refund or cancellation is permitted once the user has completed full-payment at reception of institute or transaction at Er. Vinay Kumar’s dy/dx Tutorials’ website (www.vinayphysics.com)/android application for Er. Vinay Kumar’s dy/dx Tutorials’ Online/Offline Video Lecture Package etc.

At Er. Vinay Kumar’s dy/dx Tutorials, the Online/Offline Video Lecture Package expires as per the validity suggested at the time they are purchased.

*Vinayphysics, Er. Vinay Kumar, Er. Vinay Kumar’s dy/dx Tutorials and the Er. Vinay Kumar’s dy/dx Tutorials Coaching Institute are one and the same. In this documentation the Er. Vinay Kumar’s dy/dx Tutorials is also referred as “institute” or “Coaching institute”.

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