Welcome to MakeTopper!
These terms and conditions outline the rules and regulations for the use of MakeTopper's Website, located at www.maketopper.com and our android app ”MakeTopper” Located at https://play.google.com/store/apps/details?id=com.maketoppers.app
By accessing this website and application we assume you accept these terms and conditions. Do not continue to use MakeTopper if you do not agree to take all of the terms and conditions stated on this page..
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, MakeTopper and/or its licensors own the intellectual property rights for all material on MakeTopper. All intellectual property rights are reserved. You may access this from MakeTopper for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
• Republish material from MakeTopper
• Sell, rent or sub-license material from MakeTopper
• Reproduce, duplicate or copy material from MakeTopper
• Redistribute content from MakeTopper
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. MakeTopper does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of MakeTopper,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, MakeTopper shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
MakeTopper reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
• If any user tries to post offensive comments/ spreading false rumors about Maketopper on our webpage or our social media page or anywhere else then we have full authority to take legal action against the user. And suspend or delete his/her account without notifying Him/her.
• Restrict, suspend, or terminate any User’s access to all or any part of Maketopper Platform Services;
• Change, suspend, or discontinue all or any part of the MakeTopper Platform Services;
• Reject, move, or remove any material that may be submitted by a User;
• Move or remove any content that is available on MakeTopper Platform;
• Deactivate or delete a User’s account and all related information and files on the account;
• Establish general practices and limits concerning use of MakeTopper;
• Revise or make additions and/or deletions to the roster of players available for selection in a Scholarship Exam on account of revisions to the roster of Students involved in the relevant Online exam Event;
• Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids or Mobiles )
You hereby grant MakeTopper a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Conditions of Participation:
By entering a Scholarship Exam, user agrees to be bound by these Terms and the decisions of MakeTopper. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Scholarship Exam, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Scholarship Exam or is in any way detrimental to other Users which includes, but is not limited to:
Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by MakeTopper to enter a Scholarship Exam and/or claim a prize/winning.;
Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Scholarship Exam or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
Colluding with any other user(s) or engaging in any type of syndicate play;
Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose
Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
Tampering with the administration of a Scholarship Exam or trying to in any way tamper with the computer programs or any security measure associated with a Scholarship Exam;
Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to MakeTopper Users, sending unwarranted email content either to selected Users or in bulk); or
Abusing the Website in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse)
It is clarified that in case a User is found to be in violation of this policy, MakeTopper reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
The Online Scholarship Exams are open to persons from any age so no age limitation.
The Online Scholarship Exams are open only to persons, currently residing in India.
Persons who wish to participate must have a valid email address and mobile number.
MakeTopper may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
Only those Participants who have successfully registered on the MakeTopper as well as registered prior to each exam in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
Acceptance of a prize by the Winner constitutes permission for MakeTopper, and its affiliates to use the Winner’s name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever.
The Winners further undertake that they will be available for promotional purposes as planned and desired by MakeTopper without any charge. The exact dates remain the sole discretion of MakeTopper. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
If it comes to the notice of MakeTopper that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of MakeTopper that conduct of any such Contest(s) is prohibited, then MakeTopper shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner.
Employees, directors, affiliates, relatives and family members of MakeTopper, will not be eligible to participate in any Contest(s).
Dispute and Dispute Resolution
The courts of competent jurisdiction at Lucknow shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the MakeTopper Services provided by MakeTopper (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or MakeTopper, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (“Notification”) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
The place of arbitration shall be Lucknow, India. All arbitration proceedings shall be conducted in English or Hindi and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
Nothing contained in these Terms and Conditions shall prevent MakeTopper from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard MakeTopper’s interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of MakeTopper to pursue any remedy for monetary damages through the arbitration described herein.
Third Party Sites, Services and Products
MakeTopper may contain links to other Internet sites owned and operated by third parties. Users’ use of each of those sites is subject to the conditions, if any, posted by the sites. MakeTopper does not exercise control over any Internet sites apart from MakeTopperand cannot be held responsible for any content residing in any third-party Internet site. MakeTopper’s inclusion of third-party content or links to third-party Internet sites is not an endorsement by MakeTopper of such third-party Internet site.
Users’ correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users’ correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that MakeTopper will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
MakeTopper contains content that is created by MakeTopper as well as content provided by third parties. MakeTopper does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the MakeTopper Services provided on MakeTopper including while participating in any of the Scholarship Exams hosted on MakeTopper.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of MakeTopper; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to MakeTopper. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of MakeTopper's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.