I. Principle Terms
- This App may be downloaded, activated and used either through hand held mobile devices on platform which is iOS 7.0 and above and all models of devices falling under the same platform (“Platform”) from the Apple iTune Store. The App is presently available free of charge to the User. Company reserves the right to charge a fee for download and/or use of the App in the future at its’ sole discretion.
- To activate the App and /or to register and to avail the Feature on the Platform and to subscribe to its features, the User(s) shall be required to undertake the following (“Registration Process”) :
- Download the App from the Apple iTunes Store.
- Thereafter, click on the “App icon”, subsequent to which the App will be launched.
- Upon activation of the App, the User(s) shall register using his/her credentials or in any other manner or form as may be prescribed /requested on the App and provide his /her personal information as may be requested on the App (“Contact Information”).
- The User(s) shall thereafter have access to the features, featuring and /or built in the App (“Features”). For the sake of clarity, the Company reserves the right to change, alter, modify, discontinue any existing and/or introduce any additional Features within the App at its sole discretion without any recourse to the User. The User acknowledges and agrees that any such decision of the Company shall be final and binding.
- The details and particulars of the Features of the App, subject to change at anytime are, inter alia, as described below:
(a) The App shall host educational content inter alia material regarding calculus and statistics and other such material based on the sole discretion of the Company (“Material”). The App will contain other material such as quizzes, flash cards and the Company may add or delete free content as it deems fit. The Company hereby grants a limited, non-exclusive, revocable, non-transferrable license to the User strictly for personal use, for the territory of the world and for such time till the User is using the App (unless such license is rescinded earlier at the sole discretion of the Company), to download the App and utilize the Material within the App (hereinafter “License”). The User hereby represents that the User shall not monetize and/or market the Material.
- The User(s) agrees and confirms that any and all personal information provided by the User(s) shall be true, accurate and shall not be inaccurate/ deficient/ false.
- The User shall not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use the Material contained in the App and/or the Features.
- You further undertake not to use the App and/or the Features to post, upload or otherwise transmit User Information or parts thereof which belongs to another person and to which the User does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation or is prohibited by any applicable laws.
- The User shall at all times comply with the applicable laws, rules and regulations including the terms and conditions of the Platform on which the App is hosted.
- By activating the App, each User(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the App, or the Features, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with utilizing the Feature (if any), notwithstanding the foregoing, under no circumstances will the Company and/or the Company entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
- All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at the App are owned by us or our licensors. You may use the App it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content or use it for commercial purposes, without our prior written consent. You may not offer for sale or distribute over any medium, any part of this App or any of its content. You shall not interfere or attempt to interfere with the operation or use of App in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms.
- We are the owner and/or authorised user of all trade marks, trade names, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the App, unless otherwise expressly indicated. Except as provided in these Terms, use of the App does not grant you any right, title, interest or license to any such intellectual property you may access on the App. Except as provided in these Terms, any use or reproduction of the intellectual property is strictly prohibited. Nothing contained on this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark, service mark or logo displayed on this Site without our prior written permission or the prior written permission of such other third party that may own the trade mark, service mark or logo displayed on this App. Your use of the trade marks, service marks or logos displayed on this App, except as provided herein, is strictly prohibited.
- By downloading the App and utilizing the Feature, it is construed that the User has read and understood these Principle Terms including the General Terms stated below and has agreed to abide by the same.
- In the event of any fault, misunderstanding or dispute concerning any part of the App and/or the Features the decision of the Company shall be final.
- Proof of age, if requested, of the User(s) as part of the registration process under clause 2 of the Principle Rules must be submitted to the Company (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate) as may be required by the Company to confirm the eligibility of the User(s). The Company also reserves the right to disqualify a User(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the User(s) at any point in time during the use of the App.
- The User(s) represents and undertakes to execute and produce such further documents as may be required by the Company in relation to using the Feature.
- The Company shall not be responsible for any information submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.
- The Company reserves the right to rescind the License in the event it is found by the Company and/or the Company has a reason to believe that any information provided including personal information by the User(s) is wrong, fraudulent or any misrepresentation is made by the User(s).
- The app and/or the features are provided “as-is” and “as available” and the company does not guarantee or promise any specific results from use of or continuous availability of the app and/or the features. to the fullest extent permitted by applicable law, the company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied for a course of performance or course of dealing. without limiting the generality of the foregoing, the company makes no warranty that your use of the app and/or the features will be uninterrupted, timely, secure or error-free, that defects to the app and/or the features will be corrected, that the app and/or the features or the servers on which they are available will be free of viruses or other harmful components, or that any information obtained by you on, through or in connection with the app and/or the features or third party services (including, but not limited to, through user content or third party advertisements) will be accurate, reliable, timely or complete. under no circumstances will the company be responsible for any loss or damage (including but not limited to loss of data, property damage, personal injury or death) resulting from use of the app and/or the features, problems or technical malfunction in connection with use of the app and/or the features, any material downloaded or otherwise obtained in connection with the app and/or the features, any user content, any third party advertisement or third party service transmitted on, through or in connection with the app and/or the features, or the conduct of any users of the app and/or the features, whether online or offline. your use of user content, third party advertisements, third party services and the goods or services provided by any third parties is solely your responsibility and at your own risk.
You acknowledge and agree that your use of the app and/or the features, and any information transmitted or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. you assume responsibility for the entire cost of any maintenance, repair or correction to your computer system or other property or recovery or reconstruction of lost data necessitated by your use of the app and/or the features.
- By downloading the App and participating in the Features, it shall be construed that the User(s) has waived his/her right to raise any dispute with regard to the Features, Material and/or App, in any manner whatsoever to the maximum extent permissible under law.
- The Company shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network. Any dispute in connection to the above shall be settled between the subscribers/ User(s) and the telecom/mobile operator directly, without involving the Company.
- In case of any telecom and /or network failure and /or technical failure in launching and /or activating and /or operating the App and /or the Platform and/or for any reasons whatsoever, the Company reserves the right to at its sole discretion to change the App and /or cease the Registration Process, in any manner it may deem fit and necessary. In addition the Company shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the mechanism /system failure / due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of the Company and the User(s) shall hold harmless the Company and its employees, officers or any other person in relation to the Features and/or the App with respect to the same.
You acknowledge and agree that any damages you incur arising out of the company’s acts or omissions or your use of the app and/or the features are not irreparable and are insufficient to entitle you to an injunction or other equitable relief restricting the availability of or any person’s ability to access any portion of the app and/or the features.
The limitations in this section apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of any such damages.
- Each User(s) in consideration of being given opportunity to download the App and utilize the Features, agrees that the User(s) shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the User(s), in any manner whatsoever in connection with the use of the Features and/or the App and/or material submitted forming part of the User Information(if any) and/or any personal information submitted by the User(s) during the Registration Process and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in any jurisdiction to claim any damages or reliefs.
- The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the User(s) in any manner whatsoever, in relation to the App and/or utilizing the Features.
- Each User(s) in consideration of being given an opportunity to use the App and/or the Features, agrees to hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by the Company in connection with any act of the User(s) and/or the Features including any third party rights claims with respect to the material submitted, if any by the User(s).
- Each User(s) hereby acknowledges and agrees that the relationship between the User(s) and the Company and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
- We may restrict, suspend or terminate your access to the App, in whole or in part (including the right to disable your username or password), and/or your ability to avail of any of the services on the App, including interactive services, with or without notice, for any reason or no reason at all, including but not limited to if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms. We will determine your compliance with these Terms in our sole discretion and our decision shall be final and binding and not subject to challenge or appeal.