Last updated: Apr 9, 2023
Welcome to Incus’s Terms and conditions. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective immediately, and your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Please read this carefully before using our App/Platform, or services., as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Incus Inc/Incus Quiz Private Limited on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
. All such terms are hereby incorporated by reference into these Terms of Service.
This is a contract between you and Incus Inc/Incus Quiz Private Limited
. We've also included several annotations that aren't a part of the contract itself, but are intended to emphasize key sections and help you follow the text. We've tried to be fair and straightforward. Please feel free to contact us if you have any questions or suggestions!THE AGREEMENT:
The use of this Website and services on this Platform are provided by Incus Inc/Incus Quiz Private Limited (Incus referred to as "Platform / App") is subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This agreement shall govern the use of all pages on this App (hereinafter collectively referred to as "Platform") and any services provided by or on this Platform ("Services").1) DEFINITIONS
“We,” “us,” and “our” are references to Incus Inc/Incus Quiz Private Limited;
“User,” “You,” and “your” denotes the person who is accessing the Platform for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Platform;
” Platform” shall mean and include Incus
and any successor Platform of the Company or any of its affiliates;
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.2) ASSENT & ACCEPTANCE
By using the Platform, you warrant that you have read and reviewed this agreement and that you agree to be bound by it. If you do not agree to be bound by this agreement, please leave the Platform immediately. We only agree to provide the users of this Platform and Services to you if you assent to this agreement.3) Services of Incus NEET PG Platform
Ensuring access to our Service.
- To avail the full range of course content offered as part of the Services, You will have to mandatorily be a Subscribed User meeting all the requirements set out in Clauses 2.2 and 2.3.
- As a “Registered User”, You are enrolled to the free plan by default and have the option to purchase a “NEET PG AI Chatbot Tutor” Services Account (hereinafter referred to as “Paid Subscription”) and become a Subscribed User. You agree that any Services provided by Us may be subject to change at Our discretion and We may add, remove or modify offerings to its existing scope of Services at such fees as will be solely determined by Us.
- We may, at Our discretion, revise the amount payable in respect of existing offerings forming part of the Services that may be made available to You.
- You agree that We may at any time and for any reason, terminate Your access to whole or part of the Platform, or restrict or suspend Your access to your Subscribed User account, for any or no reason, with or without prior notice, and without any liability to You.
To operate our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence. The use of this global infrastructure is essential to provide our Service.Research and innovation.
We use the information we have to develop, test, and improve our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community. This includes analyzing the data we have about our users and understanding how people use our Services, for example by conducting surveys and testing and troubleshooting new features.4) GENERAL CONDITION
5) LICENSE TO USE PLATFORM
- We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or other users.
- We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
- The Platform is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this agreement as they apply to the Service.
We may provide you with certain information as a result of your use of the Platform or Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the Platform or Services ("Our Materials"). Subject to this agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the Platform and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Platform or Services or at the termination of this agreement.6) USER CONTENT
The Platform permits you to share Content, post comments, feedback, etc. but you are solely responsible for the Content posted by you. You represent that you have required permission to use the Content.
When posting Content to the Platform, please do not post Content that:
7) INTELLECTUAL PROPERTY
- contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
- violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
- violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance;
- sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
- Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the Platform without advanced notice.
- You Give to Us. As part of our agreement, you also give us the permissions that we need to provide the Service.
- We do not claim ownership of your Permissions content, but you grant us a license to use it.
- Nothing is changing about your rights in your Content. We do not claim ownership of the Content that you post on or through the Service and you are free to share your Content with anyone else, wherever you want. However, we need specific legal permissions from you (known as a “license”) to provide the Service. When you share, post, or upload Content that is covered by intellectual property rights (like photos or audio) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content (consistent with your privacy and application settings). This license will end when your Content is deleted from our systems. You can delete Content individually or all at once by deleting your account.
You agree that the Platform and all Services provided by us are the property of Incus, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
8) USER OBLIGATIONS
- To make the Platform and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Platform ("Your Content"). We claim no further proprietary rights in your Content.
- If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
Only you have the right to access and use your account. You are responsible for ensuring that your login information remains confidential at all times. Voong will assume that if your login is used to access the Services, the user has the legal authority to use such login. If you become aware of unauthorized use of your login, you agree to notify INCUS immediately by email at Incus. You remain liable for any activity on your account until INCUS has been notified and has had an opportunity to take appropriate action.
- You hereby acknowledge and understand that each User is solely responsible for all aspects of its own day-to-day operations, including the provision of products (by any method, including through delivery), Service, environment, and overall quality and accuracy.
You agree that you are solely responsible for your interactions with any other user in connection with the Service, including for any fee disputes between you or any other user or for any User Transaction, and Incus Inc/Incus Quiz Private Limited. will have no liability or responsibility with respect thereto. Incus Inc/Incus Quiz Private Limited, reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.Compliance.
9) NO MALICIOUS OR ILLEGAL USEAccount Owner and any Authorized User shall not (and shall not allow any third party to):
- You hereby acknowledge and understand that each user is solely responsible for any marketing, selling, and provision of any products or services offered to Guests through the Services in compliance with all Applicable Law and Rules. INCUS makes no representation or warranty regarding whether a user holds any applicable permit, license, registration, or another credential for its business; whether terms by a user are true and accurate; or whether a user complies with Applicable Law and Rules, and Incus is not responsible for the quality of the products or services provided by any user on the platform.
10) ACCEPTABLE USE
- distribute viruses or other harmful or malicious computer code via or into the Platform;
- engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the INCUS Services;
- use the output or other information generated by the Services for any purpose other than as contemplated by this agreement;
- use the INCUS Services for any use other than Customer’s internal business use;
- use unauthorized modified versions of the Services, including without limitation, to build a similar or competitive Platform or Services or to obtain unauthorized access to the Services;
- use the Services in any way that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation.
- INCUS retains all titles to, and, except as expressly licensed herein, all rights to the Services, all copies, derivatives and improvements thereof and all related documentation and materials.
You agree not to use the Platform or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Platform or Services in any way that could damage the Platform, Services, or general business of Incus
- You further agree not to use the Platform or Services:
- To harass, abuse, or threaten others or otherwise violate any person's legal rights;
- To violate any of our intellectual property rights or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Contain any sexually explicit material. Please note that we are aware that there are certain areas of the Discussion Forums where users may discuss issues or problems of a sexual nature (for example, erectile dysfunction issues) – we are aware that this is an area where people might find the relative anonymity of a forum a useful place to discuss issues they are concerned about and so it is not something that we want to prevent however please be aware that any images posted to the forums are publicly accessible and we strongly recommend that users think very carefully before posting anything of a personal nature to the site. If any images of a personal nature are posted and we are aware (or have any reason to believe) that the poster is below the age of 18 then (in order to comply with our legal obligations) we will remove those images without warning.
- Promote or incite any violence.
- Promote or incite any discrimination (including, that which is based on race, sex, religion, nationality, disability, sexual orientation or age).
- Infringe any copyright, database right or trade mark or any other proprietary rights of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. In particular, you may not register more than one account or create any alternative accounts.
- Give the impression that they come from us, if this is not the case.
- Given the impression that they come from a healthcare professional, if that is not the case.
- Encourage any act or activity that in our opinion could be harmful to the health or well-being of another user or which raises any clinical safety concerns.
- Advocate, promote or assist any unlawful act (such as, for example, the use of any illegal drugs or substance, copyright infringement or computer misuse).
- Be the same as, or substantially similar to, comments which you have made in other threads or areas of the forum (including, for the purposes of promoting a particular message or agenda), i.e. no “spamming” of any discussions.
- Include any advertising or be made for any commercial purpose.
- When you are providing, sharing or creating any content in the form of Audio conversations and Upload images or Video or Links to other Websites or Apps, you must ensure that you
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable local laws across the world in any country from which they are posted.
- Be constructive and polite, not mean-spirited or contributed with the intention of causing upset, trouble or ‘trolling’.
- Provide proper references and source information for any health or medical information which is not from personal experience. Personal experience refers to a symptom, test or treatment that you or a close family member has undergone
When using the Incus Website or Incus Apps
- you may link to specific URLs (web site addresses) in your contributions where these provide relevant and appropriate background reading or information. However, you must not link to advertising or sites that might cause offence to other users of the Website. Please note that any post containing a URL may be subject to review and moderation;
- you must not use it in manner which (in our view) is intended to promote or advertise another website, product or service (including, by inviting other users to send messages directly to you). If you wish to advertise your product or service via the Incus Website or Incus App (or otherwise) then please contact us in the first instance using the contact details set out below; and
- you must not use it for any purpose which is in violation (or which is, or is likely to, cause us to be in violation) of any applicable laws or regulations.
You represent that any information, you create, share, distribute, express on the Incus Website or Incus App will comply with the standards set out above, and you will be liable to us and be responsible for any loss or damage we suffer as a result of your breach of this representation.
For your safety we advise that you never reveal any personal information about yourself or anyone else on the Incus App and Website (for example: telephone number, home address or personal email address), and please do not include postal addresses of any kind. You can provide instead, your professional email address, Social Media links like Instagram, Twitter link for the people to follow you.
We want the Clubs, Rooms, Events & Posts to be a useful resource for our users but it is important to remember that the Clubs, Rooms, Events and Posts are not moderated or reviewed by doctors and so you should not rely on opinions or advice given by other users in respect of any healthcare matters. Always speak to your doctor before acting and in cases of emergency seek appropriate medical assistance immediately.
The Platform and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Platform is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the products on the Platform is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Platform.12) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Platform or Services;
b) Violate the security of the Platform or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.13) INDEMNIFICATION
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Platform or Services, your breach of this agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.14) EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the Incus Platform including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Incus
, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or Content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or Content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.15) SPAM POLICY
You are strictly prohibited from using the Platform or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.16) THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third-party Apps or other services. You agree that we are not responsible for any loss or damage caused as a result of your use of any third-party services linked to or from Our Platform.17) MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this agreement. You agree that we have the right to modify this agreement or revise anything contained herein. You further agree that all modifications to this agreement are in full force and effect immediately upon posting on the Platform and that modifications or variations will replace any prior version of this agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this agreement.18) ENTIRE AGREEMENT
This agreement constitutes the entire understanding between the Parties concerning any use of this Platform. This agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Platform.19) SERVICE INTERRUPTIONS
We may need to interrupt your access to the Platform to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the App may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.20) TERM, TERMINATION & SUSPENSION
We may terminate this agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, you may also terminate this agreement at any time by contacting us and requesting termination. At the termination of this agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
21) IOS APPLICATIONS
- Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
- Where your Content has been used by others by this license and they have not deleted it (in which case this license will continue to apply until that Content is deleted); or
- Where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
- Where deletion would restrict our ability to:
- Investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems);
- Protect the safety and security of our products, systems, and users;
- Comply with a legal obligation, such as the preservation of evidence; or
- Comply with a request of judicial or administrative authority, law enforcement, or a government agency;
- In which case, the Content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
- If you delete or disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called "our agreement and what happens if we disagree" will still apply even after your account is terminated, disabled, or deleted.
The following additional terms and conditions apply with respect to any App that the Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
22) NO WARRANTIES
- You acknowledge that these Terms are between you and Incus Inc/Incus Quiz Private Limited only, and not with Apple, Inc. (“Apple”).
- Your use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- The Company, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that the Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App.
- You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the Company’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
You agree that your use of the Platform and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Platform or Services will meet your needs or that the Platform or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Platform or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the Platform or Services is your sole responsibility and that we are not liable for any such damage or loss.23) LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Platform or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.24)Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.1. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Incus Inc/Incus Quiz Private Limited, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Incus Inc/Incus Quiz Private Limited are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.2. Prohibition of Class and Representative Actions and Non-Individualized ReliefYOU AND INCUS INC
/INCUS QUIZ PRIVATE LIMITED AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND INCUS INC/INCUS QUIZ PRIVATE LIMITED AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.3. Pre-Arbitration Dispute Resolution
Incus Inc/Incus Quiz Private Limited is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com
. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Please e-mail us at firstname.lastname@example.org
and we will promptly provide an address ("Notice Address") to which you can address postal mail. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Incus Inc/Incus Quiz Private Limited and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Incus Inc/Incus Quiz Private Limited may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Incus Inc/Incus Quiz Private Limited or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Incus Inc/Incus Quiz Private Limited is entitled.4. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org
. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration
. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Incus Inc/Incus Quiz Private Limited and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Incus Inc/Incus Quiz Private Limited agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.5. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Incus Inc/Incus Quiz Private Limited will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Incus Inc/Incus Quiz Private Limited will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Incus Inc/Incus Quiz Private Limited will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.6. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.7. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.8. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, Incus Inc/Incus Quiz Private Limited agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Incus Inc/Incus Quiz Private Limited written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).25) Incus App Cancellation & Refund Policy
Over 5 times the Chat Practice of MCQs, High Yield Facts of the content in Incus App is available to you completely free of charge. We encourage you to explore the free tests, MCQs, and videos thoroughly and then take the decision to subscribe to NEETPG AI Tutor plan.
We will not be able to offer any refunds on cancellation or otherwise, once the payment is made to get the subscription for NEETPG AI Tutor plan.Failed transaction
This Policy is for Users whose Money got deducted from their account, yet the NEETPG AI Tutor plan is not activated while doing a transaction.
To help you out in the best possible way we have a two-step plan.
A. What you can do now?
B. How Incus App can help you?
Please read the following carefully:
A. What can you do now?
- Raise a concern in the UPI app profile page (Only if the transaction is via UPI method).
Please go to the profile section of the UPI app used for payment and Select “Raise a Concern” - Help and then select the transaction in which money was deducted while purchasing Incus App plan and then select "Raise a Concern" or "Call Bank" to get the latest details.
If required we would be able to provide payment failure report from our side on a case to case basis. Please note that the process of redressal by NPCI may take up to 2 weeks. For every UPI payment, there are 2 banks and NPCI in between. Money can be stuck anywhere when it is a failed payment. And at this point of time, the full control in this process is with NPCI and not the Merchant.
- Call or write to your bank’s dispute department (not support department). (For transaction Via all methods)
If the amount has been deducted, please contact your bank and raise a charge dispute on this so that they can process the refund. Generally, you will get your money back within 5-7 working days varying from bank to bank. On an average, the delay can be up to 19 days. Please use the below link for the format in which you have to file a written complaint with your bank.https://docs.google.com/document/d/1_MEbdz7HDQDDRgaA9OR9EQYpSYuGE4WD/edit?usp=sharing&ouid=100041053160040713700&rtpof=true&sd=true
In case if we have not received your payment, we will not be able to initiate your refund as a merchant. In such scenarios, please get in touch with the bank with a written complaint. Also please refer to the RBI policy on delay in refund by your bank:https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11693&M
- Submit your issue in PayU grievance.
Your payment on the Marrow platform is processed by the payment gateway " PayU "To help you out if the amount is stuck at PayU, please use this link to submit grievances & disputes https://www.payubiz.in/policy/grievance-policy.pdf
A. If upon investigation it has been found that money was stuck at PayU level then, the amount will be auto refunded to your account within 5-7 working days normally. If this has not happened, kindly contact PayU and raise a request for the amount being deducted from your account so that they can fasten the refund process.
B. What will Incus App do for you?
If it exceeds 19 days since your purchase attempt and your amount is not yet refunded back, please write to email@example.com
with proof to help you out.
All above steps must be initiated by the user within 40 days of the transaction date failing which any request will be considered null and void.Incus App Support:
Phone: +91-9000868356 (9 AM - 8 PM Everyday)26) DISCLAIMER
27) GENERAL PROVISIONS:
- You use the Service at your own risk. The Service is provided “AS IS”, without any warranties, and Incus does not warrant that the Service and availability thereof will be uninterrupted or error-free. PLATFORM does not assume any responsibility for errors or omissions in the information or software or other documents, including User Content, which are referenced by or linked to. References or links to third parties’ websites are provided “AS IS” without warranty of any kind, either express or implied.
- PLATFORM cannot guarantee that the information provided in our database is accurate, reliant, or complete. Incus is not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of the Services.
- Our PLATFORM or Services may be temporarily unavailable from time to time for maintenance or other reasons Incus assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, User communications.
- Under no circumstances will Incus be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our PLATFORM or Services, or any interactions between Users or Coach of our PLATFORM or Services, whether online or offline Incus reserves the right to change any Content, video and other items used or contained in our PLATFORM or Services, at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our website, by third parties or by any of the equipment or programming associated with or utilized by our Services.
- In no event shall Incus or its affiliates, officers, and/or employees be liable concerning PLATFORM for (i) in the aggregate, any amount above the fees paid by you to subscribe to Incus (ii) lost profits, lost data, or failure to meet any duty including without limitation good faith and reasonable care arising out of your access to or use Incus; or (iii) any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever.
- You agree that this limitation of liability is a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Incus and you. You understand that Incus would not be provided without such limitations. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
- Without limiting the foregoing, you understand and agree that you download or otherwise obtain Content and related Content from or through our PLATFORM or services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result. we, as well as all of our affiliates, are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. the negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between you and Incus.
- Our PLATFORM and services would not be provided without such limitations. no advice or information, whether oral or written, obtained by you from us through our PLATFORM or services shall create any warranty, representation, or guarantee not expressly stated in this agreement.
- If you have any specific questions about any medical matter, you should consult your doctor or another professional healthcare provider.
- If you think you may be suffering from any medical condition you should seek immediate medical attention from a doctor or Physician.
- The Content on this PLATFORM is provided for informational purposes only and is not intended to be a substitute for professional or safety advice. At any time, you have questions regarding a specific situation; you should seek the advice of a professional.
- The Incus App contains content generated by the Users interested to share their knowledge and information on Health, Fitness and Nutrition in the form Audio conversations and User generated content in the form of images,videos, Video Links to content hosted on third party Servers . This content generated, shared or expressed by Users of Incus App is provided for general information purposes only. It is not set up to provide specific advice on which you should rely. In particular, the Incus Website and App (and the information which may be accessed through it) is not a substitute for professional medical care by a qualified doctor or other healthcare professional. If you are not a healthcare professional then you should ALWAYS check with your doctor if you have any concerns about your condition or treatment and before taking, or not taking, any action on the basis of the content on our Website and App. If you are a healthcare professional then this information (including any professional reference material) is intended to support, not replace, your own knowledge, experience and judgement. For the avoidance of doubt, the Discussions in Audio Conversations which are a distinct part of the Incus App and the posts and information contained within in have typically not been created by us (or on our behalf) but have been User generated by individual users who are typically not medically qualified and are not in a position to give you medical advice – whilst it can be a useful support tool it is important that you recognise that you need to take particular care when using the Incus App and Advice and, again, always seek advice from your doctor regarding your particular needs and concerns.
- Many of the professionally authored links from the Website or Incus App are to reputable institutions and societies and the content contained within can be a valuable source of information. However, not all medical resources on the internet are authoritative or current. Any decision about your health or medical care based solely on information obtained from the internet could be dangerous. Whilst we hope that you will find the third party sites in respect of which we provide links to be of interest, we can accept no responsibility in respect of any third party web sites or any information contained therein.
- The information contained in the Website and App (including, the Discussion Forums) may contain technical inaccuracies or typographical errors. We reserve the right to make changes and improvements to any information contained within the Website and App, at any time and without notice.
- Although we make reasonable efforts to update the information on our Website and App, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date. We also do not warrant or represent that the information or materials available through the Website will meet your particular requirements or needs or that access to, or use of, the same will be uninterrupted or completely secure.
- All professionally authored links contained in Incus Website pages and App should be correct at time of submission. However, we cannot be held responsible for any issues caused by subsequent changes or any failure of such links to lead to the intended information.
- We do not endorse any specific products, processes, service providers, diets, or other information that may be mentioned on our Website or App (including, those promoted by any advertisers or advertising sponsors).
- JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed by the laws of the (Delaware)United States without giving effect to any principles of conflicts of law. The Courts of the (Delaware)United States shall have exclusive jurisdiction over any dispute arising from the use of the Platform.
- ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights and liabilities of Incus will bind and inure to any assignees, administrators, successors, and executors.
- SEVERABILITY: If any part or sub-part of this agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this agreement shall continue in full force.
- SUSPENSION AND TERMINATION: We may suspend or terminate your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made at Incus within thirty days of being notified about the suspension.
- NO WAIVER: If we fail to enforce any provision of this agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this agreement will not constitute a waiver of any other part or sub-part.
- CONFIDENTIALITY: You shall agree and acknowledge that you may have access to certain information and materials, including the terms of the agreement, concerning the business, clients, business writings, employee’s information, business technologies that we use, products and services of the other party, that are business secrets and confidential information. You shall note except with your prior permission, replicate, reproduce, use, share, and disclose to any other third-party any Confidential Information or business secrets. You shall return to us or destroy the business secrets or Confidential Information promptly upon our written request.
- HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this agreement.
- NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this agreement. No Party has any authority to bind the other to third parties.
- FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances, i.e., COVID-19!
- ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this agreement, including e-mail. For any questions or concerns, please use the contact us form on the Platform or email us at firstname.lastname@example.org
- END OF TERMS OF SERVICE
If you have any questions or concerns regarding this agreement, please contact us.Incus Inc -
Parsippany, New Jersey, United StatesIncus Quiz Private Limited -
Plot No. 138 &139 Nagarjuna Classic Apts, Flat No. 203, Kalyan Nagar, Motinagar, Hyderabad - TG 500018 IN
This Document is last updated on Apr 9, 2023