Rev.1.0 | Created on 09.11.2020
Topiq is owned and operated by ‘Lemonaid’. Topiq’s mission is to enable learning without boundaries and make affordable education accessible to everyone. In order to provide a wonderful experience on Topiq, we need certain Rules and Regulations to keep our Platform and Services safe for you, us and our Course Creators. These Terms apply to all activities on the Topiq Platform: Website, Mobile App, TV App, and other related Services, collectively known as ‘Services’
Table of Contents
- Course Enrolment and Lifetime Access
- Payments, Credits and Refunds
- Behavior Rules
- Using Topiq at Your Own Risk
- Topiq’s Rights
- Miscellaneous Legal Terms
- Dispute Resolution
- Updating these Terms
- How to Contact Us
To use Topiq, you need to create an Account on the Platform. When setting up and maintaining your Account, you must provide and continue to provide accurate and complete information, including a valid e-Mail Address, Mobile Phone Number and Date of Birth. You have complete responsibility for your Account and everything that happens on/through your Account, including any harm or damage (to us or anyone else) caused by someone using your Account without your permission. You must therefore be careful with your Password by not sharing it with anyone and updating it periodically. You may not transfer your Account to someone else or use someone else’s Account without their permission. If you contact us to request access to an Account, we will not grant you such access unless you can provide us Login Credentials for that Account, which may also include other details pertaining to that Account. In the event of the death of a User, the Account of that User will be closed.
Should you share your Account Login Credentials with someone else, you are responsible for what happens with your Account and Topiq will not intervene in disputes between persons who have shared their Account Login Credentials. In case you suspect misuse of your Account or unauthorised access, you must notify us immediately by contacting our Support Team. Consequently, we may request some information from you to confirm that you are indeed the owner of your Account.
Users enrolling on Topiq must be at least 14 years of age to create an Account and use the Services. If you are younger than the required age, you may not set up an Account; you may, however, invite a Parent or Guardian to open an Account and help you enrol in Courses that are appropriate for you. If we discover that you have created an Account while being younger than the required age for consent to use our Services, we will terminate your Account without any notice.
2. Course Enrolment and Lifetime Access
As a User, when you enrol in a Course/Package, whether it is Free or Paid, you are granted a License from Topiq to view the Course/Package via the Topiq Platform. Courses/Packages are licensed, and not sold to you. This License does not give you any right to resell the Course/Package in any manner (including by sharing Account information with a purchaser or illegally downloading the Course/Package and sharing it on the Internet).
In legal, more complete terms, Topiq grants you (as a Learner) a limited, non-exclusive, non-transferable License to access and view Courses/Packages and associated Content for which you have paid all required Fees, solely for your personal, non-commercial, educational purposes, in accordance with these Terms and any Conditions or restrictions associated with a particular Course/Package or feature of our Services. All other uses are expressly prohibited; you may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any Course/Package, unless we give you explicit permission to do so in a written Agreement signed by an Topiq Authorised Representative.
While Access License to your Account is generally for a lifetime, Access License to our Courses/Packages are subject to Time Limits mentioned against each Course/Package. You may, however, repurchase, renew or extend such Access License to a Course/Package at anytime, should such options be available for that particular Course/Package. Topiq reserves the right to revoke any License to access and use Courses/Packages at any point of time, in the event where we decide or are obligated to disable access to a Course/Package due to Legal or Policy reasons, for example, if the Course you enrolled in is the object of a Copyright complaint. The Lifetime Access is not applicable to add-on Features and Services associated with a Course/Package.
Free Packs/Courses or access to Free Packs/Courses may be withdrawn with or without any prior Notice to the User. Changes to such Packs may also be made from time-to-time, which may include restrictions, features, content, etc., at the sole discretion of Topiq. Such changes may or may not be intimated to the User. Topiq also reserves to right to cancel any/all Free Packs or Course, as it deems fit.
3. Payments, Credits and Refunds
Prices of Courses on Topiq are dynamic in nature, based on serval internal factors. Therefore the Price of a Course offered on the Topiq Website may not be exactly the same as the Price offered on our Mobile or TV Apps.
We regularly run promotions and sales for our Courses and certain Courses are only available at discounted Prices for a set period of time. The Price applicable to a Course will be the price at the time you complete your purchase of the Course (at checkout). Any Price offered for a particular Course may also be different when you are logged into your account from the Price available to Users who aren’t registered or logged in, because some of our promotions and/or discounts are available to new Users only.
The listed Currency you see on Topiq is in Indian Rupees (INR). Payment through other Currencies may be possible only if our Payment Gateway Partner supports such transactions. If so, Topiq is not responsible for exchange rates and fluctuations of exchange rates during and until your transaction with the Payment Gateway is complete.
If you are a User located in a Country where the use of and Sales Tax, Goods and Services Tax, or Value Added Tax is applicable to Consumer Sales, we are responsible for collecting and remitting that Tax to proper Tax Authorities. In certain Countries, the price you see may include such Taxes.
When you make a purchase, you agree not to use any invalid or unauthorised payment method. In the rare event your payment (method) fails and you still get Access to the Course you are enrolling in, you agree to pay us the corresponding Fees within Thirty (30) Days of notification from us. We reserve the right to disable Access to any Course for which we have not received adequate payments.
In some cases, we may issue Credits to your Account, which will automatically be applied towards your next Course purchase on our Website, but may not be useable for purchases on our Mobile or TV Apps. Credits may expire if not used within the specified period, and have no cash value.
3.3 Credits and Refunds
If the Course you purchased is not what you were expecting, you can request (within 3 Days of your purchase of the Course), that Topiq cancel the purchase and Credit/Refund your Account. We reserve the right to apply a Credit or a Refund at our discretion, depending on capabilities of our Payment Processing Partners or the Platform from which you purchased your Course (Website, Mobile or TV App). No credit or Refund is due to you if you request it after the 3-Day time limit has passed. To request a Credit/Refund, please contact our Support Team.
At our discretion, if we believe you are abusing our Credit/Refund Policy, we reserve the right to ban your Account and to restrict all future use of Services. If we ban your Account or disable your Access to a Course due to your violation of these Terms, you will not be eligible to receive any Credit or Refund.
4. Behaviour Rules
You may not access or use the Services or create an Account for unlawful purposes. Your use of the Services and behaviour on our Platform must comply with applicable Local or National Laws and/or Regulations of India or your country of residence. You are solely responsible for the knowledge of and compliance with such Laws and Regulations that are applicable to you.
Topiq has discretion in enforcing these Terms. We may terminate or suspend your permission to use our Platform and Services or ban your Account at any time, with or without notice, for any violation of these Terms, if you fail to pay any Fees when due, upon the request of Law Enforcement or Government Agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities.
5. Using Topiq at Your Own Risk
Although we thoroughly verify our Content for veracity and accuracy, we are not responsible for how you perceive our Content and apply it to your Learning/Studying. We are not directly or indirectly responsible for your Grades based on our Content/Packages, although we aim to assist you in securing the highest possible Marks in your Examinations. In the rare event you may find errors in Content, we encourage you to please contact our Support Team and report such errors, so that we can create a better and safer e-Learning Environment for the Student Community.
When you use our Services, you may find links to other Websites that we don’t own or control. We are not responsible for the Content or any other aspect of these third-party Sites, including their collection of information about you.
6. Topiq’s Rights
All Right, Title, and Interest in and to the Topiq Platform and Services, including our Website, our existing or future Applications, our APIs, Databases, and the Content our Employees or Partners submit or provide through our Services are and will remain the exclusive property of Topiq and its Licensors. Our Platforms and Services are protected by Copyright, Trademark, and other Laws of both India and/or other Nations. Nothing gives you a right to use the Topiq name or any of the Topiq Trademarks, Logos, Domain Names, and other distinctive Brand features, without the explicit written consent from one of Topiq’s Authorised Representatives. Any Feedback, Comments, or Suggestions you may provide regarding Topiq or the Services is entirely voluntary and we will be free to use such Feedback, Comments, or Suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the Topiq Platform and Services:
- Access, tamper with, or use non-public areas of the Platform, Topiq’s Computer Systems, or the Technical Delivery Systems of Topiq’s service providers.
- Disable, interfere with, or try to circumvent any of the Features of the Platform related to Security, or probe, scan, or test the vulnerability of any of our Systems.
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any Source Code of or Content on the Topiq Platform or Services.
- Access or search or attempt to access or search our platform by any means (automated or otherwise) other than through search functionalities that may be provided on our Website, Web, Mobile or TV Apps. You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
- In any way use the Services to send altered, deceptive, or false source-identifying information (such as sending e-Mail communications falsely appearing as Topiq); or interfere with, or disrupt, (or attempt to do so), the access of any User, Host, or Network, including, without limitation, send a Virus, overload, flood, spam, or mail-bomb the Platform or Services, or in any other manner interfere with or create an undue burden on the Services.
7. Miscellaneous Legal Terms
7.1 Binding Agreement
You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding Contract with Topiq. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
These Terms (including any Agreements and Policies linked to/from these Terms) constitute the entire Agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable by applicable Law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our Rights or fail to exercise a Right in one case, it does not mean we waive our Rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our Rights in a particular instance, it does not mean we waive our Rights generally or in the future.
The following Sections shall survive the expiration or termination of these Terms: Sections 2 (Course Enrolment and Lifetime Access), 5 (Using Topiq at Your Own Risk), 6 (Topiq’s Rights), 7 (Miscellaneous Legal Terms), and 8 (Dispute Resolution).
It may happen that our Platform is down, either for planned maintenance or because something goes down with the site. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In Legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our Affiliates, Suppliers, Partners and Agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their Content, and expressly disclaim any Warranties or Conditions (express or implied), including implied Warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our Affiliates, Suppliers, Partners and Agents) make no Warranty that you will obtain specific results from use of the Services. Your use of the Services (including any Content) is entirely at your own risk.
We may decide to cease making available certain Features of the Services at any time and for any reason. Under no circumstances will Topiq or its Affiliates, Suppliers, Partners or Agents be held liable for any damages due to such interruptions or lack of availability of such Features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or Government restrictions.
7.3 Limitation of Liability
Topiq (and our Group Companies, Suppliers, Partners and Agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of Data, Revenue, Profits, or Business Opportunities, or personal injury or death, or poor performance/results in any Examination), whether arising in Contract, Warranty, Tort, Product Liability, or otherwise, and even if we have been advised of the possibility of damages in advance. Our liability (and the liability of each of our Group Companies, Suppliers, Partners and Agents) to you or any Third Parties, under any circumstance, is limited to the greater of Rupees One Thousand Only (₹1,000/-) or the amount you have paid us in the Twelve (12) Months before the event giving rise to your claims.
If you behave in a way that gets us in Legal trouble, we may exercise Legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Topiq, our Group Companies, and their Officers, Directors, Suppliers, Partners and Agents from and against any Third-Party Claims, Demands, Losses, Damages, or Expenses (including reasonable Lawyer Fees) arising from (a) your use of the Services (b) your violation of these Terms, or (c) your violation of any Rights of a Third Party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
7.5 Governing Law and Jurisdiction
These Terms are governed by the Laws of the State of Karnataka, India. All disputes are subject to the jurisdiction of Courts in Bangalore (Karnataka-India).
7.6 Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) Year after the cause of action has accrued.
Any notice or other communication to be given hereunder will be in writing and sent by Registered Post (Acknowledgement Due), and/or e-Mail (by us to the e-Mail associated with your Account or by you to firstname.lastname@example.org).
7.7 No Assignment
You may not assign or transfer these Terms (or Rights and Licenses granted under them). For example, if you registered an Account as an Employee of a Company, your Account cannot be transferred to another Employee. We may assign these Terms (or Rights and Licenses granted under them) to another Company or Person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any Third-Party Person or Entity. You agree that your Account is non-transferable and that all Rights to your Account and other Rights under these Terms, terminate upon your death.
8. Dispute Resolution
Most disputes can be resolved before approaching a Court of Law. Please first try contacting our Support Team before considering any legal action.
8.1 Going to Arbitration
If we cannot resolve our dispute amicably, you and Topiq agree to resolve any claims related to these Terms (or our other Legal Terms) through final and binding arbitration, regardless of the type of claim. If one of us brings a claim in Court that should be arbitrated and the other Party refuses to arbitrate it, the other Party can ask a Court to force us both to go to arbitration (compel arbitration). Either of us can also ask a Court to halt a court proceeding while an arbitration proceeding is ongoing.
8.2 The Arbitration Process
Any dispute that is to be arbitrated has to be referred to the ‘Arbitration & Conciliation Centre’ (Bangalore, India). Topiq reserves the right to depute any Company or Legal Representative to be present and put forward its case before the Arbitrator.
8.3 No Class Actions
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a Plaintiff or Class Member in a Class Action, Consolidated Action, or Representative Action; (b) an Arbitrator cannot combine multiple People’s claims into a single Case (or preside over any Consolidated, Class, or Representative Action); and (c) an Arbitrator’s decision or award in one Person’s case can only impact that User, not other Users, and cannot be used to decide other Users’ disputes.
Notwithstanding the “Updating these Terms” section below, if Topiq changes this “Dispute Resolution” Section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Topiq written notice of such rejection by e-Mail to: email@example.com, from the e-Mail address associated with your Account, within Thirty (30) Days of the date such change became effective, as indicated by the “last updated on” language above. To be effective, the notice must include your Full Name and clearly indicate your intent to reject changes to this “Dispute Resolution” Section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Topiq in accordance with the provisions of this “Dispute Resolution” Section as of the date you last indicated acceptance to these Terms.
9. Updating these Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Topiq reserves the right (at its sole discretion) to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by an e-Mail Notice sent to the e-Mail Address specified in your Account or by posting a Notice through our Services. Modifications will become effective on the day they are posted, unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
10. How to Contact Us
We would love to hear your Questions, Concerns and Feedback on our Services. Do mail them in to our Support Team.