Terms of Service

Last updated on: July 4, 2024

The following terms of service ("Terms") govern the access and the user for the websites algoup.io, ashhadahmad.com and ashhad.in (collectively, the "Websites", "Platform" or "Services") operated and owned by Ash Tech (collectively, "we," "us," or "our").

The Websites provide educational content and resources for software developers (the "Services"), including paid content such as the "Data Structures and Algorithms for Everyone" online course. By logging in, you become a Registered User.

Please read these Terms carefully before using the Websites and Services. By accessing or using the Websites or Services, you agree to be bound by these Terms of Service and our Privacy Policy (collectively, the "Policies"). If you do not agree to the Policies, you should not use or access the Websites or Services. These Policies apply to all users, including visitors and Registered Users who use the Services (referred to as "users" or "you").

Usage of our Services

By accessing or using our Site or using our services, the user (you) signify that you have read, understood and agree to be bound by these Terms.

We do not grant you or any other party any right, title or interest in the Websites and/or Services. We reserve all rights not expressly granted to you under these Terms.

By logging in and creating an account, you confirm that:

  1. You are of legal age in your jurisdiction and have the authority to agree to these Terms of Service;

  2. Any information you provide to us, including personal or financial details used to create an Account or pay for Services, is accurate, current, and complete;

  3. You will not falsify your identity, impersonate another person, or provide personal or financial information belonging to someone else, including when creating an Account;

  4. You will not use the Websites or Services for any unlawful, illegal, deceptive, misleading, fraudulent, or abusive purposes;

  5. You will comply with all Applicable Laws when using the Services, and you will only use the Services for lawful purposes;

    In these Terms, "Applicable Laws" refer to all domestic or foreign federal, provincial, state, municipal, or local laws, common law, civil laws, rules, statutes, regulations, by-laws, ordinances, policies, directives, or orders of any government, court, administrative or regulatory agency, commission, body, board, or other government authority.

In the event of your breach of any of the Terms of Service set out herein, We may, in our sole and absolute discretion, suspend or revoke your right to use the Services or Platform without notice to you.

Restrictions

While accessing or using the Sites and Services, you are prohibited from:

  1. Copying, selling, or otherwise redistributing the Services, or making paid Services available publicly;

  2. Copying, modifying, creating derivative works of, reverse engineering, reverse assembling, or otherwise attempting to discover any source code or content on the Sites or Services;

  3. Modifying, adapting or hacking the Services or modifying any website so as to falsely imply that it is associated with us or the Service;

  4. Using the Services to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;

  5. Uploading, shareing, or otherwise transmiting files that contain a virus, trojan or corrupted data;

  6. Accessing or Searching our Platform in any way other than through our current search functionalities provided on our platform. This includes using automated and manual methods. You are not permitted to scrape, spider, use a robot, or any other automated means to access the Services;

  7. Using the Services in a way that transmits altered, misleading, or false information about the source of that information. This includes practices commonly known as "spoofing" or "phishing";

  8. Interfering with or disrupting (or attempt to do so) the ability of any user, device, or network to access the Services. This includes, but is not limited to, transmitting viruses, overloading the system with excessive requests, flooding the system with messages, Denial of Service, Distributed denial of service (DDOS) attacks, sending spam, or sending a large number of emails in rapid succession (mail-bombing). You also agree not to use the Services in any other way that disrupts or places an unreasonable burden on the Services.

  9. Remove any copyright, trademark or other proprietary notices from any portion of the Services; and

  10. Causing nuisance, annoyance, inconvenience or property damage, whether to the platform, websites, or any other third-party, while using the Services.

Void Where Prohibited by Law

By using the Services you are explicitly agreeing that you have verified that your use of the Services is permitted under Applicable Law.

Creation and Maintenance of Registered User Accounts

You are required to have an account to engage in most activities on the Site. By signing up on the platform and creating an account, you confirm that you are of the legal age of majority and competent to enter into a contract in your country.

Please see our Privacy Policy for further details on how your personal information is collected, used and disclosed.

You must keep your Account information up to date and accurate at all times. You are responsible for all activity that occurs under your Account. You may not share your account details and personal information with others. You may not allow others to use or access your Account. Any harm or loss suffered on account of an unauthorized disclosure or access of your Account shall be borne by you. If you suspect your account has been breached or improperly accessed, you must notify us immediately.

You cannot transfer your account to any other person without our permission.

By becoming a Registered User, you agree to receive email communications from us that relate to your Account and the Services you requested.

Course and Content access

You agree and undertake to provide true, correct, accurate and complete information, including your Name, Email and Phone number (if required).

By creating an Account, you will gain access to various materials (Content), courses (Courses), and other services on our Platform. These Services may be provided for free or for a fee, as mentioned on the platform.

The Services, including any Courses or Content, are intended for your personal use and benefit only, and not for commercial purposes. You are granted a limited, non-exclusive, non-transferable license to access and view the Courses and associated Content solely for your personal, non-commercial, and educational purposes through the Services. Any other uses are expressly prohibited.

This does not grant you the right to resell the course in any way, or to display, distribute, or make any Course or Content available to any third party on the Platform, whether for a fee or otherwise. This includes, but is not limited to, sharing account information with third parties, downloading the course, or sharing/uploading the course on any platform.

We reserve the right to revoke any license to access and use any Services at any time if we decide or are obligated to disable access to a course due to legal or policy reasons and violations.

Additionally, some additional features or Services on the Platform or a Course may be disabled by us from time to time due to the lack of availability (which may be notified on the Platform or to you specifically). We also retain the right to cancel, reschedule, modify, alter, or rearrange any Course, or any Content, including any video, lecture, class or questions.

Payment and Refund Terms

  1. The prices of the Courses and other Services are displayed on the Site and may vary over time. Pricing may also be influenced by factors such as (but not limited to):

    • Promotional offers or discount vouchers;
    • User credits on the platform;
    • User location at the time of Platform use or the declared country of residence at the time of Account creation;
    • Currency used for payment; or
    • Applicable taxes, fees, or charges incurred by us for bank transfers or currency conversion.
  2. You agree to pay the fees for the Services you purchase. To facilitate this, you agree to provide us or our authorized third party payment processor with your personal and financial information as necessary, and authorize us to charge your debit or credit card or process other payment methods (such as direct debit, upi or mobile wallet) for these fees.

  3. We are not responsible for any fees charged to you by your financial institution for invalid method of payment, including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees and cross border fees (collectively, the “Invalid Payment Fees”).

  4. We will facilitate your payment of the applicable Fees through a third-party payment processor. We reserve the right to change our third-party payment processor without notice to you.

  5. We will facilitate your payment of the applicable Fees through a third-party payment processor. We reserve the right to change our third-party payment processor without notice to you.

  6. If you are not satisfied with your selected course package, we offer you a 14-day refund. This policy is subject to change at any time, in our sole discretion, though we will honor the policy which was applicable at the time when your purchase was made.

  7. There is a limit of 1 refund per course per person.

  8. You may claim a refund by contacting us within 14 days of the purchase of the course. See contact information at the bottom of this document.

  9. Refund will be processed within 21 working days of receiving the refund email.

  10. Refunds for duplicate payments will be processed using the original payment method within 21 working days after the user notifies us. Please note that we will not be liable to pay any interest or additional charges, and no claims of such nature can be made.

  11. From time to time, we may offer promotional codes that can be applied toward the payment of course packages. These codes are not transferable or redeemable for cash and may expire if not used within a specified period. If the cost of the course package exceeds the discounted value, you will need to pay the remaining balance. Additional restrictions on promotional codes may apply on a case-by-case basis, and we reserve the right to cancel them at any time at our sole discretion.

  12. Bulk discounts may be available for organizations purchasing multiple licenses at once. Discounts may also be provided to special groups, such as students, and are subject to change or cancellation at any time at our sole discretion.

  13. Courses purchased with a promotional or bulk discount code are not eligible for refunds, including team licenses, student discounts, and sales. Exceptions may be made at our sole discretion.

  14. Licenses are non-transferrable and cannot be shared. You may not give, sell, loan, share, or otherwise make your account available to any other person. For team licenses, you may not transfer licenses between team members. Failure to comply may result in the suspension or termination of your account and access to the Services and Platform without a refund. Exceptions may be made in rare cases at our sole discretion.

  15. Depending on your region, you may be offered the option to purchase a country-specific license at a reduced cost, making the course more affordable for students in countries with lower purchasing power. If you choose this option, you will only be permitted to access the Services and Platform within your home country. If you are found to be accessing the Services from outside your home country, you may be asked to pay the difference between the price paid for the country-specific license and the applicable non-country-specific license. Failure to comply may result in the suspension or termination of your account and access to the Services and Platform without a refund, and we may take additional actions as appropriate in accordance with these Terms.

Privacy

You acknowledge and agree that your use and access to the Services is provided via the internet. Your information, including personal information (as defined in the Privacy Policy), may be transferred across borders and stored or processed in accordance with our Privacy Policy.

User Generated Content

We may allow Registered Users to submit content (referred to as "User Content"). For instance, Registered Users can provide feedback about their course experience. By submitting any User Content, you grant us a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, royalty-free right and license to publish, display, reproduce, modify, adapt, translate, create derivative works of, and distribute (including commercially) any User Content worldwide in any media. We are not obligated to keep any User Content confidential, pay compensation for it, or respond to it. Additionally, you agree that:

  • You do not require that you be identified in connection with any User Content or derivative works.

  • You do not oppose the publication, use, modification, deletion, and exploitation of the User Content by us.

  • You waive all moral rights and similar rights as an author in any and all User Content.

Furthermore, you warrant and represent that:

  • You own or have obtained all necessary rights and/or licenses to any User Content you submit.

  • Any User Content you submit is correct and true (for facts) or genuinely held and reflects your true experience (for opinions).

  • Any User Content you submit shall not:

    • Infringe any third party's rights, including intellectual property rights, rights of privacy, and/or rights of publicity.

    • Be unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, derogatory, obscene, offensive, pornographic, profane, or discriminatory.

    • Reveal personal information about another individual.

    • Be technically harmful (e.g., computer viruses, malware).

    While we are not obligated to monitor content or the accuracy of User Content, we reserve the right to monitor or remove any User Content without notice.

We may, at our discretion, delete or remove (without notice) any user content in its sole discretion, for any reason or no reason, including without limitation user content that in the sole judgement of the Platform violates these Terms.

Intellectual Property Rights

  1. All materials on the Websites, including any such as text, images, illustrations, designs, videos, code snippets, software, data and other materials by way of video, images, text, audio, along with other related graphics, software, photos, sounds, logos, html files, and interactive features (Content), is owned, controlled or licensed by Ash Tech or its licensors and is protected by Indian and international intellectual property laws.

  2. The Websites would also display relevant logos, trademarks and service marks relating to the Services (including but not limited to the AlgoUp marks). We may display logos and marks relating to our third parties as we may display their Content, use their services, or enter into partnerships with such entities from time to time. We make no claims to such third party marks.

  3. Nothing in this Agreement grants you any right, title or interest in any intellectual property of the platform or its licensors, including without limitation the Ash Tech Marks or the Third-Party Marks, and any and all uses of such intellectual property shall be subject to approval by the applicable rights holder(s). Without limiting the generality of the foregoing, access to the Websites or the Services does not confer and shall not be considered as conferring upon anyone any licence under any of Ash Tech or any third-party's intellectual property rights. Ash Tech all rights not expressly granted herein.

  4. You are permitted to copy, reproduce, store, or download content from the Websites and/or Services for personal, non-commercial use, as permitted by the service, unless otherwise agreed with us in writing or allowed under applicable mandatory law.

Third Party Intellectual Property Rights

Our Platform hosts Content and other intellectual property by third parties who have developed or have permitted us to use the content. We are mindful of ensuring that all such content is original and not restricted in its use on our Platform. Additionally, we aim to collaborate with individuals to identify and resolve any such claims and issues efficiently.

If you wish to report any Content that you think violates your copyright/ trademark, please contact us at [email protected].

Disclaimers

Availability of the Services

While we endeavour to keep downtime to a minimum, we cannot promise that the Services or availability of the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend the operation or availability of the Services or any part thereof, with or without prior notice for any reason. You shall not be entitled to any refunds of fees for interruption of the Services or the availability of the Services.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. You agree that the Ash Tech Parties shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Services or of your ability to access it.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ASH TECH PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, CONDITIONS, GUARANTEES AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. IN ADDITION, ASH TECH MAKES NO CONDITION, REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER OR SYSTEM OR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

ASH TECH MAKES NO REPRESENTATION OR WARRANTY AND DOES NOT GUARANTEE THE RELIABILITY, QUALITY, QUALIFICATIONS, SUITABILITY, CAPABILITY, SAFETY, ABILITY OR AVAILABILITY OF ANY SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ASH TECH DOES NOT GUARANTEE THAT THE SERVICES, OR ANY PORTION THEREOF, WILL FUNCTION ON ANY PARTICULAR HARDWARE OR DEVICES. IN ADDITION, THE SERVICES MAY BE SUBJECT TO MALFUNCTIONS AND DELAYS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICES REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Content

The content on this website is provided for general information and use only. It is subject to change without notice. We, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It is your responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

Third-Party Links

The Website may contain links to other websites (“Third-Party Websites”). These links are provided solely as a convenience to you and not as an endorsement by Ash Tech of the contents on such Third-Party Websites. If you access Third-Party Websites, you do so at your own risk and you understand that the Policies do not apply to your use of such Third-Party Websites. Because we have no control over such sites, you acknowledge and agree that the Ash Tech Parties are not responsible for, and have no liability with respect to, the availability or unavailability of such sites, for the treatment of your personal information by such sites, or for the information, products, content or other materials on or available from such sites or resources. We encourage you to review the terms of use and privacy policy for all Third-Party Websites you visit.

Placement and Interviews

We do not provide any guarantee admission in any educational institution, interview opportunity, procurement of a job, or any other remunerative opportunity by accessing the Platform and availing the Services.

Termination and Suspension of Services

These Terms will remain in full force and effect unless and until updated or terminated hereunder.

Ash Tech may, at its sole discretion, at any time and for any reason, without notice to you, suspend or terminate your Account or your right to use and access the Services and/or the Platform. Upon termination of your Account, you shall no longer have the right to use and/or access the Services or Platform. A suspension will be for such period of time as we may reasonably determine is necessary to permit the thorough investigation of the activity that resulted in the suspension.

You may terminate your Account at any time by contacting us and requesting that your Account is deleted. See contact information at the bottom of this document.

YOU AGREE THAT THE ASH TECH PARTIES HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY, OR DAMAGE OF ANY KIND HOWSOEVER ARISING FROM ANY REFUSED, SUSPENDED, CANCELED OR TERMINATED STATUS AS A REGISTERED USER.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE ASH TECH PARTIES BE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), COMMON, CIVIL OR REGULATORY LAW (INCLUDING PRIVACY) OR OTHERWISE) FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ECONOMIC, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SUCH AS DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA, DAMAGES FOR DELETION, CORRUPTION, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH THE SERVICES, ANY SERVICES INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) THE WEBSITES OR SERVICES OR ANYTHING OBTAINED THROUGH THE WEBSITES OR SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICES, IN ANY CONTENT AVAILABLE OR ACCESSIBLE ON THE WEBSITES OR DISPLAYED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OR IN CONNECTION WITH THE SERVICES, OR IN THE OPERATION OF THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE ASH TECH PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

THE LIABILITY OF THE ASH TECH PARTIES TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO REGISTERED USERS FOR THE AMOUNT PAID, IF ANY, BY THE REGISTERED USER TO ASH TECH FOR THE SERVICES ON WHICH SUCH CAUSE OF ACTION IS BASED.

Indemnification

You agree to defend, indemnify and hold harmless the Ash Tech Parties from and against any and all loss, liability, obligation, damage, cost, claim, demand, debt, expense, including but not limited to reasonable attorneys’ fees relating to or arising out of: (a) your use of and access to the Services; (b) your breach of any term of these Terms, including without limitation any breach of your representations and warranties set forth above; (c) your violation of any third-party right, including without limitation any intellectual property, real property rights, or privacy right or any rights of any person; (d) your violation of any Applicable law; (e) any User and Third-Party Content or any other information or content that is posted or submitted via your Account including without limitation misleading, false or inaccurate information; (f) negligent or willful misconduct; (g) any activity through your Account; (h) any use or inability to use our Services; or (i) any claim or demand by any third party arising out of or relating to your access or use of the Services. This indemnification provision survives termination of these Terms and your use of the Services and Websites.

General

Agreement

These Terms together with the Privacy Policy set out the entire Agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us.

Dispute Resolution

This provision survives termination of these Terms. All parties agree to first attempt to resolve any dispute relating to the access or use of the Websites or Services on an individual basis. If you have a question or concern about the Website or Services, please contact us first at [email protected]. Our support team will try to answer your question or resolve your concern.

Governing Law

These Terms and your use of the Services or Websites are governed by, construed and enforced in accordance with the applicable laws of India without regard to conflict of laws principles.

Headings

The headings and subheadings herein are provided for convenience of reference only and are not to be used in construing these Terms or any provision thereof.

No Assignment

These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or convey these Terms to a third-party without restriction or notice to you.

Force Majeure

Ash Tech shall be excused for the period of any delay in the performance of any of its obligations under these Terms when such delay is due (in whole or in part) to a cause reasonably beyond our control, including, without limitation, labor disputes, pandemics, epidemics, civil commotion, war, governmental regulations or controls, government action, fire or other casualty, weather, and/or acts of God.

No Waiver

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.

Severability

If a court of competent jurisdiction finds that any provision of these Terms is invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.

Survival

Any provisions of these Terms, the performance of which by either or both parties, or by their sense and context, are intended to survive, will survive the completion, expiration, termination or cancellation of these Terms.

Updating

We may, in our sole discretion, update these Terms to, for example, reflect changes to our practice or to the law. Please review the Terms regularly. If you do not agree to the modified Terms, you should discontinue your access or use of Websites or Services. Your continued use of the Websites or Services shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

Contact

If you have any questions, concerns, or requests, please contact us by email at [email protected]