Thank you for using Sudaksha!
Privacy Policy
We value your trust. In order to honor that trust, Sudaksha adheres to ethical standards in
gathering, using, and safeguarding any information you provide. Sudaksha offers products and
services provided by Sudaksha, Inc., our subsidiaries, and our branches ("Sudaksha,"
"us," "we," or "our"). These Terms of Use ("Terms")
govern your use of our website, apps, and other products and services ("Services"). As
some of our Services may be downloaded to your computer, phone, tablet, or other devices, you
agree that we may automatically update this software and that these Terms will apply to such
updates.
Please read this privacy policy ('Policy') carefully before using the Application, Website, our
services and products, along with the Terms of Use ('ToU') provided on the Application and the
Website. Your use of the Website, Application, or services in connection with the Application,
Website or products ('Services'), or registrations with us through any modes or usage of any
products, including through SD cards, tablets or other storage/transmitting device shall signify
your acceptance of this Policy and your agreement to be legally bound by the same. If you do not
agree with the terms of this Policy, do not use the Website, Application our products or avail
any of our Services.
User-Provided Information
The Application/Website/Services/products obtain the information you provide when you download
and register for the Application or Services or products. When you register with us, you
generally provide (a) your name, age, email address, location, phone number, password, and your
ward's educational interests; (b) transaction-related information, such as when you make
purchases, respond to any offers, or download or use applications from us; (c) information you
provide us when you contact us for help; (d) information you enter into our system when using
the Application/Services/products, such as while asking doubts, participating in discussions and
taking tests. The said information collected from the users could be categorized as
"Personal Information", "Sensitive Personal Information", and
"Associated Information". Personal Information, Sensitive Personal Information and
Associated Information (each as individually defined under this Information Technology
(Reasonable security practices and procedures and sensitive personal data or information) Rules,
2011 (the "Data Protection Rules")) shall collectively be referred to as 'Information'
in this Policy. We may use the information to contact you from time to time, to provide you with
the Services, important information, required notices, and marketing promotions. We will ask you
when we need more information that personally identifies you (personal information) or allows us
to contact you. We will not differentiate between who is using the device to access the
Application, Website or Services, or products, so long as the log-in/access credentials match
with yours. In order to make the best use of the Application/Website/Services/products and
enable your information to be captured accurately on the Application/Website/Services/products,
it is essential that you have logged in using your own credentials. We will, at all times,
provide the option to you to not provide the Personal Information or Sensitive Personal
Information, which we seek from you. Further, you shall, at any time while using the
Application/Services/products, also have an option to withdraw your consent given earlier to us
to use such Personal Information or Sensitive Personal Information. Such withdrawal of the
consent is required to be sent in writing to us at the contact details provided in this Policy
below. In such event, however, the Company fully reserves the right not to allow further usage
of the Application or provide any Services/products thereunder to you.
Automatically Collected Information
In addition, the Application/products/Services may collect certain information automatically,
including, but not limited to, the type of mobile device you use, your mobile device unique
device ID, the IP address of your mobile device, your mobile operating system, the type of
mobile Internet browsers you use, and information about the way you use the
Application/Services/products. As is true of most Mobile applications, we also collect other
relevant information as per the permissions that you provide. We use an outside credit card
processing company to bill you for goods and services. These companies do not retain, share,
store or use personally identifiable information for any other purpose.
Use of your Personal Information
We use the collected information to analyze trends, to conduct research, to administer the
Application/Services and products, to learn about each user's learning patterns and movements
around the Application/Services and products and to gather demographic information and usage
behaviour about our user base as a whole. Aggregated and individual, anonymized, and
non-anonymized data may periodically be transmitted to external service providers to help us
improve the Application, products, and services. We will share your information with third
parties only in the ways that are described below in this Policy. We may use the individual data
and behaviour patterns combined with personal information to provide you with personalized
content and better your learning objectives. Third parties provide certain services which we may
use to analyze the data and information to personalize, drive insights and help us better your
experience or reach out to you with more value-added applications, products, information, and
services. However, these third-party companies do not have any independent right to share this
information. We do not sell, trade, or share your information to any third party (except
subsidiaries/affiliates of the company for related offerings) unless we have been expressly
authorized by you either in writing or electronically to do so. We may at times provide
aggregate statistics about our customers, traffic patterns, and related site information to
reputable third parties. However, this information, when disclosed, will be in an aggregate form
and does not contain any of your Personally Identifiable Information. Sudaksha will occasionally
send email notices, messages or contact you to communicate about our Services, products, and
benefits, as they are considered an essential part of the Services/products you have chosen. We
may disclose information:
- as required by law, such as to comply with a subpoena or similar legal process;
- to enforce applicable ToU, including investigation of potential violations thereof;
- when we believe in good faith that disclosure is necessary to protect our rights, protect
your safety or the safety of others, investigate fraud, address security or technical issues
or respond to a government request;
- with our trusted services providers who work on our behalf, do not have an independent use
of the information we disclose to them, and have agreed to adhere to the rules outlined in
this Policy;
- to protect against imminent harm to the rights, property, or safety of the
Application/Website/ Sudaksha or its users or the public as required or permitted by law;
- with third-party service providers in order to personalize the
Application/Website/Services/products for a better user experience and to perform
behavioural analysis;
- Any portion of the information containing personal data relating to minors provided by you
shall be deemed to be given with the consent of the minor's legal guardian. Such consent is
deemed to be provided by your registration with us.
Access to your Personal Information
We will provide you with the means to ensure that your Personal Information is correct and
current. If you have filled out a user profile, we will provide an obvious way to access and
change your profile from our Application/Services/Website/products. We adopt reasonable security
measures to protect your password from being exposed or disclosed to anyone.
Cookies
We send cookies (small files containing a string of characters) to your computer, thereby
uniquely identifying your browser. Cookies are used to track your preferences, help you log in
faster, and aggregated to determine user trends. This data is used to improve our offerings,
such as providing more content in areas of greater interest to a majority of users. Most
browsers are initially set up to accept cookies, but you can reset your browser to refuse all
cookies or to indicate when a cookie is being sent. Some of our features and services may not
function properly if your cookies are disabled.
Links
We may present links in a format that enables us to track whether these links have been
followed. We use this information to improve our customized content. Clicking on links may take
you to sites outside our domain. We are not responsible for the privacy practices of other
websites. We encourage our users to be aware when they leave our site to read the privacy
statements of each and every website that collects personally identifiable information. This
Privacy Policy applies solely to information collected by our website.
Alerts
We may alert you by email or phone (through SMS/call) to inform you about new service offerings
of the Company and its subsidiaries/affiliates or other information which we feel might be
useful for you through the Company or its subsidiaries/affiliates.
Public Forums
When you use certain features on our website, like the discussion forums, and you post or share
your personal information such as comments, messages, files, and photos, all users will be
available to all users and will be in the public domain. All such sharing of information is done
at your own risk. Please keep in mind that this information may become publicly available if you
disclose personal information in your profile or when posting on our forums.
Security
We are concerned about safeguarding the confidentiality of your information. We provide
physical, electronic, and procedural safeguards to protect the information we process and
maintain. For example, we limit access to this information to authorized employees who need to
know that information to operate, develop, or improve our Application/Services/products/Website.
Please be aware that, although we endeavor to provide reasonable security for information we
process and maintain, no security system can prevent all potential security breaches.
How Long Do We Retain User Data?
Currently, we plan to retain user data while an account is active and for at least three years
afterwards. We may alter this practice according to legal and business requirements. For
example, we may lengthen the retention period for some data if needed to comply with law or
voluntary codes of conduct. Unless otherwise prohibited, we may shorten the retention period for
some data types if necessary to free up storage space.
Log information
When you access our Website, our servers automatically record information that your browser
sends whenever you visit a website. These server logs may include information such as your web
request, internet protocol address, browser type, browser language, the date and time of your
request, and one or more cookies that may uniquely identify your browser.
User communications
When you send an email or other communication to us, we may retain those communications in order
to process your inquiries, respond to your requests and improve our Services.
Changes to this Statement
As the Company evolves, our privacy policy will need to evolve as well to cover new situations.
You are advised to review this Policy regularly for any changes, as continued use is deemed
approval of all changes.
Your Consent
We believe that every user of our Application/Services/products/Website must provide informed
consent before providing any Information required for the use of the
Application/Services/products/Website. By registering with us, you expressly consent to our
collection, processing, storing, disclosing, and handling of your information as outlined in
this Policy now and as amended by us. Processing your information in any way, including, but not
limited to, collecting, storing, deleting, using, combining, sharing, transferring, and
disclosing information, all of which activities will take place in India. If you reside outside
India, your information will be transferred, processed, and stored according to India's
applicable data protection laws.
Terms & Conditions
These Terms & Conditions ("Terms") of (a) use of our website
("Website"), our applications
("Application") or any products or services in connection with the
Application/, Website/products ("Services") or (b) any modes of
registrations or usage of products, including through SD cards, tablets or other
storage/transmitting device are between ("Company/We/Us/Our") and
it's users ("User/You/Your"). These Terms constitute an electronic
record following the provisions of the Information Technology Act, 2000 and the Information
Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
Please read the Terms and the privacy policy of the Company ("Privacy
Policy") concerning registration with us, the use of the Application, Website,
Services, and products carefully before using the Application, Website, Services, or products.
In the event of any discrepancy between the Terms and any other policies concerning the
Application or Website or Services or products, the provisions of the Terms shall prevail.
Your use/access/browsing of the Application or Website or the Services or products or
registration (with or without payment/with or without a subscription) through any means shall
signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
If you do not agree with the Terms or the Privacy Policy, please do not use the Application or
Website or avail of the Services or products. Any access to our Services/Applications/products
through registrations/subscriptions is non-transferable.
- Except as mentioned below, all information, content, material, trademarks, services marks,
trade names, and trade secrets, including but not limited to the software, text, images,
graphics, video, script, and audio, contained in the Application, Website, Services, and
products are the proprietary property of the Company ("Proprietary Information").
No Proprietary Information may be copied, downloaded, reproduced, modified, republished,
uploaded, posted, transmitted, or distributed in any way without obtaining prior written
permission from the Company. Nothing on this Application or Website or Services shall be or
products deemed to confer a license of or any other right, interest, or title to or in any
of the intellectual property rights belonging to the Company, to the user. You may own the
medium on which the information, content, or materials resides. Still, the Company shall
retain complete title to the information, content or materials, and intellectual property
rights inserted by the Company on such medium. Certain content on the website may belong to
third parties. Such contents have been reproduced after taking prior consent from said
party, and all rights relating to such content will remain with such a third party. Further,
you recognize and acknowledge that the ownership of all trademarks, copyright, logos,
service marks, and other intellectual property owned by any third party shall continue to
vest with such party. You are not permitted to use the same without the consent of the
respective third party.
- Your use of our products, Website, Application and Services is solely for Your personal and
non-commercial use. Any use of the Application, Website, Services, or products or their
contents other than personal purposes is prohibited. Your personal and non-commercial use of
this Application, Website, products and our Services shall be subjected to the following
restrictions:
- You may not decompile, reverse engineer, or disassemble the contents of the Application
and/or our Website and/or Services/ products or modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information or software obtained from the Application and/or our Website
and/or Services/products, or remove any copyright, trademark registration, or other
proprietary notices from the contents of the Application and/or and/or our Website
and/or Services/products.
- You will not (a) use this Application and/or our Website and/or any of our product/s or
Service/s for commercial purposes of any kind, or (b) advertise or sell the Application
or any products, services or domain names or otherwise (whether or not for profit), or
solicit others (including, without limitation, solicitations for contributions or
donations) or use any public forum for commercial purposes of any kind, or (c) use the
Application and/or Website/our products and Services in any unlawful way, or harms the
Company or any other person or entity as determined by the Company.
- No User shall be permitted to perform any of the following prohibited activities while
availing our Services:
- Making available any content that is misleading, unlawful, harmful, threatening,
abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd,
lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
- Stalking, intimidating and/or harassing another and/or inciting others to commit
violence;
- Transmitting material that encourages anyone to commit a criminal offence that
results in civil liability or otherwise breaches any relevant laws, regulations, or
code of practice;
- Interfering with any other person's use or enjoyment of the
Application/Website/Services;
- Making, transmitting or storing electronic copies of materials protected by
copyright without the permission of the owner, committing any act that amounts to
the infringement of intellectual property or making available any material that
infringes any intellectual property rights or other proprietary rights of anyone
else;
- Make available any content or material that You do not have a right to make
available under any law or contractual or fiduciary relationship unless You own or
control the rights thereto or have received all necessary consents for such use of
the content;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your
affiliation with a person or entity;
- Post, transmit, or make available any material that contains viruses, trojan horses,
worms, spyware, time bombs, cancelbots, or other computer programming routines,
code, files, or such other programs that may harm the Application/services,
interests, or rights of other users or limit the functionality of any computer
software, hardware or telecommunications, or that may harvest or collect any data or
personal information about other Users without their consent;
- Access or use the Application/Website/Services/products in any manner that could
damage, disable, overburden or impair any of the Application's/Website's servers or
the networks connected to any of the servers on which the Application/Website is
hosted;
- Intentionally or unintentionally interfere with or disrupt the Services or violate
any applicable laws related to the access to or use of the
Application/Website/Services/products, violate any requirements, procedures,
policies, or regulations of networks connected to the
Application/Website/Services/products, or engage in any activity prohibited by these
Terms;
- Disrupt or interfere with the security of, or otherwise cause harm to, the
Application/Website/Services/products, materials, systems resources, or gain
unauthorized access to user accounts, passwords, servers, or networks connected to
or accessible through the Application/Website/Services/products or any affiliated or
linked sites;
- Interfere with, or inhibit any user from using and enjoying access to the
Application/Website/ Services/products, or other affiliated sites, or engage in
disruptive attacks such as denial of service attack on the
Application/Website/Services/products;
- Use deep-links, page-scrape, robot, spider or other automatic devices, program,
algorithm or methodology, or any similar or equivalent manual process, to increase
traffic to the Application/Website/Services/products, to access, acquire, copy or
monitor any portion of the Application /Website/Services/products, or in any way
reproduce or circumvent the navigational structure or presentation of the
Application, or any content, to obtain or attempt to obtain any content, documents
or information through any means not specifically made available through the
Application/ Website/Services/products;
- Alter or modify any part of the Services;
- Use the Services for purposes that are not permitted by: (i) these Terms; and (ii)
any applicable law, regulation, or generally accepted practices or guidelines in the
relevant jurisdiction; or
- Violate any of the terms specified under the Terms for the use of the Application
/Website/Services/products.
- By submitting content on or through the Services (your "Material"), you grant us a
worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy,
reproduce, process, adapt, modify, publish, transmit, display and distribute such material
in any and all media or distribution methods (now known or later developed) and to associate
your material with you, except as described below. You agree that others may use Your
Material in the same way as any other content available through the Services. Other users of
the Services may fork, tweak and repurpose your material in accordance with these Terms. If
you delete your user account, your material and name may remain available through the
Services
- In the preparation of the Application/Website/Services/products and contents therein, every
effort has been made to offer the most current, correct, and clearly expressed information
possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting
anything here, the Company disclaims any responsibility for any errors and accuracy of the
information contained in the Application. Any feedback from the user is most welcome to make
the Application and contents thereof error-free and user friendly. The Company also reserves
the right and discretion to make any changes/corrections or withdraw/add contents at any
time without notice. Neither the Company 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 Application/Website/Services/products 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.
- Our website provides Users with access to compiled educational information and related
sources. Such information is provided on an As-Is basis, and We assume no liability for the
accuracy or completeness or use or non-obsolescence of such information. We shall not be
liable to update or ensure the continuity of such information contained on the website. We
would not be responsible for any errors, which might appear in such information, which is
compiled from third-party sources or for any unavailability of such information. From time
to time, the website may also include links to other websites. These links are provided for
your convenience to provide further information. They do not signify that we endorse the
website (s). We have no responsibility for the content of the linked website (s). You may
not create a link to the website from another website or document without the Company's
prior written consent.
- The Application/Services/products contents are developed on the concepts covered in the
structured curriculum syllabus prescribed for students of various courses. The usage of the
Application/Services/products is not endorsed as a substitution to the curriculum-based
education provided by the educational institutions. Still, it is intended to supplement the
same by explaining and presenting the concepts to enable easy understanding. The basic
definitions and formulae of the subject matter would remain the same. The Company
acknowledges that various means of delivering structured curriculum pedagogy and inclusion
of methods in the Application/Services/products do not imply endorsement of any particular
method, nor does exclusion imply disapproval. Subscription to the Application or usage of
our Services/Website/products does not in any manner guarantee admission to any educational
institutions or passing of any exams or achievement of any specified percentage of marks in
any examinations.
- Certain contents in the Application/Services/Website/products (particularly relating to
assistance in preparations for administrative services) may contain opinions and views. The
Company shall not be responsible for such opinions or any claims resulting from them.
Further, the Company makes no warranties or representations whatsoever regarding the
quality, content, completeness, or adequacy of such information and data.
- Some parts of the Services are interactive, and we encourage contributions by users, which
may or may not be subject to editorial control before being posted. The Company accepts no
responsibility or liability for any material communicated by third parties in this way. The
Company reserves the right at its sole discretion to remove, review, edit or delete any
content. Similarly, We will not be responsible or liable for any content uploaded by Users
directly on the website, irrespective of whether We have certified any answer uploaded by
the user. We would not be responsible for verifying whether such questions/answers or
contents placed by any User contain infringing materials or not.
- The Company (including but not limited to its subsidiaries/affiliates) may based on any form
of access to the Application (including free download/trials) or Services or Website or
registrations through any source whatsoever, contact the User through SMS, email and call,
to give information about their offerings and products as well as notifications on various
important updates and/or to seek permission for demonstration of its products. The user
expressly grants such permission to contact him/her through telephone, SMS, email and holds
the Company (including but not limited to its subsidiaries/affiliates) indemnified against
any liabilities, including financial penalties, damages, expenses in case the user's mobile
number is registered with Do not Call (DNC) database. By registering yourself, you agree to
make your contact details available to Our employees, associates, subsidiaries, affiliates,
and partners so that you may be contacted for education information, offerings and
promotions through telephone, SMS, email etc.
- While the Company may, based on the user's confirmation, facilitate the demonstration of its
products at the location sought by the user, the user acknowledges that he/she has not been
induced by any statements or representations of any person with respect to the quality or
conditions of the products and that user has relied solely on the investigations,
examinations and inspections as the user has chosen to make and that the Company has
afforded the user the opportunity for full and complete investigations, examinations and
inspections.
- Upon registration through any means whatsoever, the Company may contact You through the
registered mobile number or email or any other mobile number or contact number or email
provided by You to enable effective provision of Services. The user expressly permits the
Company to contact him/her and the student utilizing the Services, through the
above-mentioned means at any time post-registration. .-Further, the Company shall have the
right to monitor the download and usage of the Application/Services/products and the
contents thereof by the User/student, to analyze such usage and discuss the same with the
User/student to enable effective and efficient usage of the Services. The user expressly
permits the Company to clear the doubts of the student using the Application/Services/online
portal by answering the questions placed before it, providing study plans, informing of the
progress, providing feedback, communicating with the student and mentoring the student
through telephone or email on express consent of the legal guardian/parent of the user or
through any other forum.
- While the Company has made efforts to train the personnel engaged in the sales and services
relating to its products to enable quality control, it makes no warranties or
representations whatsoever regarding the quality and competence of such personnel and would
not be responsible for any deviant behaviour of any such personnel. Any feedback from users
relating to the same is most welcome, and the Company reserves the right and discretion to
take any action in this regard.
- Access to certain elements of the Services including doubt clearance, mentoring services etc
may be subject to separate terms, conditions and fair usage policy. The Company reserves the
right to determine the criteria for provision of various elements of Services to the
different categories of Users based on its policies. Hence, subscription to the
Application/products or registrations do not automatically entitle the user to any and all
elements of Services provided by the Company and the Company shall be entitled to exercise
its discretion while providing access to and determining continuity of certain elements of
Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or
modify any of Our Services at Our discretion.
- The Company's products and/or Services, including the Application and content, are
compatible only with certain devices/tablets/instruments/hardware < . The Company shall
not be obligated to provide workable products and/or services for any instruments that are
not recognized by the Company or those instruments that may be purchased from any third
party which are not compatible with the Company's products and ServicesThe company reserves
the right to upgrade the table/ type of compatible devices as required from time to time.
- The Company shall have no responsibility for any loss or damage caused to the tablet or any
other hardware and / or software and/or instrument, including loss of data or effect on the
processing speed, resulting from Your use of our products and Services.
- You have to specify the address to which the shipment has to be made at the time of
purchase. All product(s) shall be delivered directly to the address as specified at the
point of ordering and You cannot, under any circumstances whatsoever, change the address
after the order is processed. In case of any change in the address, You need to specify the
same to us in writing well in advance to the shipping date. Any inconsistencies in name or
address will result in non-delivery of the product(s).
- (a) For return of product(s) damaged at the time of delivery, the shipping charges shall be
borne by the Company. However, for return of any of the product(s) for any other reasons, it
shall be the responsibility of the user to arrange for the return of such cancelled
product(s) and the shipping charges shall be borne by such user. (b)We request You not to
accept any product package that seems to be tampered with, opened or damaged at the time of
delivery. The products must be returned in the same condition as delivered by the Company.
Any products returned showing signs of any use or damage in any manner shall not be accepted
for return. (c)All requests for return of products have to be placed within 15 (fifteen)
days from the date of delivery. Please note that no refunds shall be claimed or will be
entertained post 15 (fifteen) days from the date of delivery.
- You acknowledge that the Company is not the manufacturer of the instrument/medium/hardware
and hence, any defect relating to the same shall be reported to the manufacturer whose
details shall be specified on the packaging, and the Company shall not be in any manner
responsible for the same. The Company does not provide any guarantee or warranty relating to
the instrument/medium/hardware
- In order to access the Services and to avail the use of the Application/products, You shall
be required to register yourself with the Application/Services/products and maintain an
account with the Application/Services/products. You will be required to furnish certain
information and details, including Your name, mobile number, email address, residential
address, grade/class of the student, school name, payment information (credit/debit card
details) if required, and any other information deemed necessary by the Application. With
respect to the provision of information, the following may be noted:-
- It is Your sole responsibility to ensure that the account information provided by You is
accurate, complete and latest.
- You shall be responsible for maintaining the confidentiality of the account information and
for all activities that occur under Your account. You agree to (a) ensure that You
successfully log out from Your account at the end of each session; and (b) immediately
notify the Company of any unauthorized use of Your account. If there is reason to believe
that there is likely to be a breach of security or misuse of Your account, we may request
You to change the password or we may suspend Your account without any liability to the
Company, for such period of time as we deem appropriate in the circumstances. We shall not
be liable for any loss or damage arising from Your failure to comply with this provision.
- You acknowledge that Your ability to use Your account is dependent upon external factors
such as internet service providers and internet network availability and the Company cannot
guarantee accessibility to the Application at all times. In addition to the disclaimers set
forth in the Terms, the Company shall not be liable to You for any damages arising from Your
inability to log in to Your account and access the services of the Application at any time.
20. Persons who are "competent/capable" of contracting within the meaning of the Indian
Contract Act, 1872 shall be eligible to register for the Application and all Our products or
Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for
Our products or Services. As a minor, if You wish to use Our products or Services, such use
shall be made available to You by Your legal guardian or parents, who have agreed to these
Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she
has obtained the consent of the legal guardian or parents, and such use is made available by the
legal guardian or parents. The Company will not be responsible for any consequence that arises
as a result of misuse of any kind of Our Application or any of Our products or services that may
occur by virtue of any person including a minor registering for the Services/products provided.
By using the products or Services, You warrant that all the data provided by You is accurate and
complete and that the student using the Application has obtained the consent of parent/legal
guardian (in case of minors). The Company reserves the right to terminate Your subscription and
/ or refuse to provide You with access to the products or services if it is discovered that You
are under the age of 18 (eighteen) years and the consent to use the products or Services is not
made by Your parent/legal guardian or any information provided by You is inaccurate. You
acknowledge that the Company does not have the responsibility to ensure that You conform to the
aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the
required qualification. Any persons under the age of 18 (eighteen) should seek the consent of
their parents/legal guardians before providing any information about themselves or their parents
and other family members on the Application.
21. You agree to defend, indemnify and hold harmless the Company, its officers, directors,
employees and agents, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising
from: (i) Your use of and access of the Application/Website/Services; (ii) Your violation of any
term of these Terms or any other policy of the Company; (iii) Your violation of any third party
right, including without limitation, any copyright, property, or privacy right; or (iv) any
claim that Your use of the Application/Website/Services has caused damage to a third party. This
defense and indemnification obligation will survive these Terms.
22. In no event shall the Company, its officers, directors, employees, partners or agents be
liable to You or any third party for any special, incidental, indirect, consequential or
punitive damages whatsoever, including those resulting from loss of use, data or profits or any
other claim arising out, of or in connection with, Your use of, or access to, the Application.
23. In the event of Your breach of these Terms, You agree that the Company will be irreparably
harmed and may not have an adequate remedy in money or damages. The Company, therefore, shall be
entitled in such event to obtain an injunction against such a breach from any court of competent
jurisdiction. The Company's right to obtain such relief shall not limit its right to obtain
other remedies.
24. Any violation by You of the terms of this Clause may result in immediate suspension or
termination of Your Accounts apart from any legal remedy that the Company can avail. In such
instances, the Company may also disclose Your Account Information if required by any
Governmental or legal authority. You understand that the violation of these Terms could also
result in civil or criminal liability under applicable laws.
25. The Terms shall be governed by and construed in accordance with the laws of India, without
regard to conflict of law principles. Further, the Terms shall be subject to the exclusive
jurisdiction of the competent courts located in Bangalore, and You hereby accede to and accept
the jurisdiction of such courts.
26. The Company has the right to change, modify, suspend, or discontinue and/or eliminate any
spect(s), features or functionality of the Application or the Services as it deems fit at any
time without notice. Further, the Company has the right to amend these Terms from time to time
without prior notice to you. The Company makes no commitment, express or implied, to maintain or
continue any aspect of the Application. You agree that the Company shall not be liable to You or
any third party for any modification, suspension or discontinuance of the Application/Services.
All prices are subject to change without notice.
27. DISCLAIMER: THIS WEBSITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN "AS
IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION/PRODUCTS AND THE
SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE,
COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE
FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE
APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS
WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE
LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR
SPECIFIC REQUIREMENTS.
29. General Provisions:
- Notice: All notices served by the Company shall be provided via email to Your account or as
a general notification on the Application.
- Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made
applicable to the Application from time to time, constitute the entire agreement between the
Company and You with respect to Your access to or use of the Application, Website and the
Services thereof.
- Assignment: You cannot assign or otherwise transfer Your obligations under the Terms or any
right granted hereunder to any third party. The Company's rights under the Terms are freely
transferable by the Company to any third parties without the requirement of seeking Your
consent.
- Severability: If for any reason, a court of competent jurisdiction finds any provision of
the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to give effect to the intent of the parties as reflected by
that provision, and the remainder of the Terms shall continue in full force and effect.
- Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any
related right, shall not constitute a waiver by the Company of that provision or right.
- Relationship: You acknowledge that Your participation in the Application does not make You
an employee or agency or partnership or joint venture or franchise of the Company.
- The Company provides these Terms so that You are aware of the terms that apply to your use
of the Website/Application and Services. You acknowledge that the Company has given You a
reasonable opportunity to review these Terms and that You have agreed
to them.
29. Feedback:
- Any feedback You provide with respect to the Application shall be deemed to be
non-confidential. The Application shall be free to use such information on an unrestricted
basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback
does not contain confidential or proprietary information of You or of third parties; (ii)
the Company is not under any obligation of confidentiality, express or implied, with respect
to the feedback; (iii) the Application may have something similar to the feedback already
under consideration or in development, and (iv) You are not entitled to any compensation or
reimbursement of any kind from the Company for the feedback under any circumstances unless
specified.
- Under no circumstances shall the Company be held responsible for any content provided by
other users, even if such content is offensive, hurtful, or offensive. Please exercise
caution while accessing the Application.
30. Customer Care:
We make all best endeavors to provide You with a pleasant experience. In the unlikely event that
You face any issues, please contact us at (Mail ID).
