PSCMITHRA (along with its subsidiaries and affiliates, collectively referred to as “PSCMITHRA”, “Company”, “us”, “we”, or “our”) is a leading ed-tech company, incorporated in India, for imparting learning. We value your trust. In order to honour that trust, PSCMITHRA adheres to ethical standards in gathering, using, and safeguarding any information you provide to us.
All capitalized and other defined terms used but not defined herein shall have the meaning as assigned to it under the ToU.
User Provided Information
We may use the Information to contact you or the Child User from time to time, to provide you with the Application, Website or Services, or with important information, required notices and marketing promotions. We will ask you when we need more Information that personally identifies you or the Child User or allows us to contact you or the Child User.
In order to make the best use of our Application/Website/Services/ and enable your Information or Information belonging to a Child User to be captured accurately on the Application/Website/Services, it is essential that you or the Child User log-in using your own credentials. You agree and acknowledge that the use of our Application/Website/Services by a Child User will be facilitated through your account and is undertaken pursuant to your consent and knowledge, and under your supervision.
Automatically Collected Information
In addition, the Application/Website/Services may collect certain information automatically, including, but not limited to, the type of mobile device you or a Child User uses, such mobile device’s unique device ID, IP address, and mobile operating system, the type of mobile internet browsers used, and information about the way you or a Child User use the Website/Application/Services. As is true of most mobile applications, we also collect other relevant information as per the permissions that are provided.
We use an outside credit card processing company to bill you for the use of our Application/Website/Services, as the case may be. This credit card processing company does not retain, share, store or use Personally Information or Sensitive Personal Information for any other purpose.
Use of Personal Information
We may use individual data and behaviour patterns combined with Personal Information to provide you with personalized content, and better your learning objectives and experience. Third parties provide certain services which we may use to analyse data and information (including your or a Child User’s Personal Information and Sensitive Personal Information) to personalize, drive insights and help us better your or a Child User’s experience of our Services, or provide you with more value added applications, products, information and services, and in the interests of measuring and enhancing your/a Child User’s performance. 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 or a Child User’s Personal Information.
PSCMITHRA will occasionally send email notices, messages or contact you or the Child User to communicate about our Website/Application/Services, as they are considered an essential part of the Services you have chosen.
Please note that we may disclose Information:
- as required by law, such as to comply with a subpoena, or similar legal process;
- when we believe in good faith that disclosure is necessary to protect our rights, protect your or a Child User’s safety or the safety of others, investigate fraud, address security or technical issues or respond to a governmental request;
- to protect against imminent harm to the rights, property or safety of the Application/Website/Services, or the Company, its users or the public as required or permitted by law;
- with third party service providers in order to personalize the Application/Website/Services for a better user experience and to perform behavioural analysis; and
In addition to the Information that may be directly provided by you to us, any portion of the Information relating to Child Users provided by you, or relating to you provided by a Child User shall be deemed to be given with your consent for Information pertaining to you and in respect of Information pertaining to the Child User, with your consent as such Child User’s parent or legal guardian. Such consent is deemed to be provided by your registration with us or by virtue of your downloading, accessing, purchasing, registering for or using the Application/Website/Services.
Access to Personal Information
We will provide you with the means to review and ensure that your and/or a Child User’s Personal Information, including Sensitive Personal Information is correct, updated, and current. If you have filled out a user profile, we will provide an obvious way for you to access and change your and/or a Child User’s profile from our Application/Services/Website. We adopt reasonable security measures to protect your password from being exposed or disclosed to anyone.
We send cookies (small files containing a string of characters) to any computer device or electronic device used to access or use our Application/Website/Services, thereby uniquely identifying the web browser of such device. Cookies are used to track preferences, help faster login, and are 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 our users.
Most browsers are initially set up to accept cookies, but you can reset the 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 cookies are disabled on a browser.
We may alert you by email or phone (through SMS/call) to inform you about new service offerings of the Company and our subsidiaries/affiliates, or any other information which we feel might be useful for you or a Child User, through the Company or our subsidiaries/affiliates.
When you or a Child User uses certain features on our Website/Application, like the discussion forums and when you or the Child User posts or shares Personal Information through chats, comments, messages, files, photos, please note that this will be available to all other users, and will be in the public domain. All such sharing of information should be done at your own risk. Please keep in mind that if you or a Child User discloses Personal Information on your profile, or when posting on our forums this information may become publicly available.
Use of Facial Recognition Technology
At the time you (on behalf of yourself and/or a Child User) register with us for our Services or during the term of Services relating to offline coaching and tutoring in our tuition centre’s across in India, we may collect and register Sensitive Personal Information such as facial patterns and facial images pertaining to a Child User from you and/or the Child User, as the case may be. Such data may be collected either directly through an application or weblink at the time of online registration, or through offline modes at our tuition centres.
We are concerned about safeguarding the confidentiality of your or a Child User’s Information. We provide physical, electronic, and procedural safeguards to protect Information we process and maintain. For example, we limit access to this Information to authorized employees only who need to know such Information in order to operate, develop or improve our Application/Services/Website.
Please be aware that although we endeavour to provide reasonable security for Information we process and maintain, no security system can prevent all potential security breaches.
How Long Do We Retain Information?
Currently, we plan to retain your and/or a Child User’s Information while your account is active and for at least three years afterward. We may alter this practice according to legal and business requirements. For example, we may shorten or lengthen the retention period for some data if needed to comply with law or voluntary codes of conduct. Further, unless otherwise prohibited, we may shorten the retention period for some types of Information if needed to free up storage space or upon the expiry or cancellation of your subscription for the Services.
When you or a Child User access our Website/Application/Services, our servers automatically record information that a browser sends whenever you or a Child User visit our Website/Application. These server logs may include information such as web requests, internet protocol addresses, browser types, browser language, the date and time of requests, and one or more cookies that may uniquely identify the web browser.
When you or the Child User send an email or any other communication to us, we may retain those communications in order to process inquiries, respond to requests and improve our Website/Application/Services. Any communication undertaken by a Child User will deemed to have been done pursuant to your consent, knowledge, and supervision, as applicable.
Changes to this Statement
The processing of your and/or a Child User’s Information in any way, including, but not limited to, collecting, storing, deleting, using, combining, sharing, transferring, and disclosing such Information, will take place in India. If you reside outside India, your and/or a Child User’s Information will be transferred, processed, and stored in accordance with the applicable data privacy and protection laws of India.
Our Grievance Officer shall undertake all reasonable efforts to address your grievances at the earliest possible opportunity.
You may contact us at: Grievance Officer: Mr. Pravin Prakash Address: 4/1, Tower D, 2nd Floor, IBC Knowledge Park, Bannerghatta Main Road, Bangalore – 560029, Karnataka, India.
Reach out to us on email@example.com, in case of any queries.
Terms & Conditions
These Terms & Conditions (“Terms” or “ToU”) are between PSCMITHRA (referred to as “PSCMITHRA”, “Company”, “we”, “us”, or “our”) and its users (referred to as ”you”, “your”, or “yourself”). These Terms govern your use of our Website, Application and Services, or any registrations made with us through any mode or usage of any of our products, including SD cards, tablets or any other storage or transmitting device.
- References to “you”, “your” and “yourself” refer to any individual who is a natural person aged 18 (eighteen) years or above who is competent and capable of contracting within the meaning of the Indian Contract Act, 1872, and refers to: (i) any person utilizing our Application/Website/Services and is the registered user on record; or (ii) is the registered user on record but facilitates the use of our Application/Website/Services through their account or otherwise for a user who is a child or minor student (i.e., a natural person below the age of 18 years) of which such user is the parent/legal guardian (“Child User”).
- 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 qualifications. Every Child User should seek the consent of their parents/legal guardians before providing any information about themselves, their parents and/or other family members and before accessing or using the Application/Website/Services.
- In case you facilitate the use of our Application/Website/Services for a Child User, you agree and acknowledge that such use will be undertaken pursuant to your consent and knowledge and under your supervision of the same. In other words, wherever applicable, in the event a Child User utilises the Application/Website/Services, it is assumed that such Child User has obtained your consent, i.e., the consent of their parent/legal guardian.
- You agree and acknowledge that you shall provide your consent on behalf of a Child User, as applicable. Such consent is also deemed to be provided through your registration with us for use of the Application/Website/Services by a Child User.
- The Company reserves the right to terminate your subscription and/or refuse to provide you with access to the Application/Website/Services, as the case may be, if it is discovered that you are a Child User and the consent to use the Application/Website/Services has not been provided by your parent/legal guardian or any information provided by you is inaccurate.
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 thereunder, as amended from time to time.
Please also note that any access to our Services/Application/Website through registrations/subscription 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, and Services are 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 and nothing on our Application, Website or Services shall be 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 you and/or the Child User. You and/or the Child User may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium. Certain contents on the Website, Application or Services may belong to third parties. Such contents have been reproduced after taking prior consent from said third party and all rights relating to such content will remain with such 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 third party and you and/or the Child User are not permitted to use the same without the consent of the respective third party.
- Your and/or a Child User’s use of our Website, Application and Services is solely for your and/or the Child User’s personal and non-commercial use. Any use of our Application, Website, Services, or their contents other than for personal purposes is prohibited. Your and/or the Child User’s personal and non-commercial use of our Application, Website, and/or our Services shall be subject to the following restrictions:
- You or the Child User may not decompile, reverse engineer, or disassemble the contents of our Application, Website, and/or Services, or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from our Application, Website, and/or Services, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application, Website, and/or Services.
- You or the Child User shall not: (a) use our Application, our Website and/or any of our Services for commercial purposes of any kind, or (b) advertise or sell our Application, Website, Services or our domain names, or otherwise (whether or not for profit) 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, Website and/or Services in any way that is unlawful, or harms the Company or any other person or entity as may be determined by the Company.
- You or the Child User shall not be permitted to perform any of the following
prohibited activities while availing our Services:
- Making available any content or material that:
- Violates any law for the time being in force;
- is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, pornographic, paedophilic, lewd, lascivious, profane, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, hateful, racially, ethnically or otherwise objectionable, relates to or encourages money laundering, or is inconsistent with or contrary to the laws in force;
- Is harmful to a child;
- Threatens the unity, integrity, defence, 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 other nation;
- Is patently false and untrue, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and
- Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
- Stalking, intimidating and/or harassing another and/or inciting other 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 our 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 or a Child User does 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 or a Child User’s affiliation with a person or entity;
- Access or use the Application/Website/Services in any manner that could damage, disable, overburden or impair any of the Application’s/Website’s/Service’s servers or the networks connected to any of the servers on which such Application/Website/Service is hosted;
- Intentionally or unintentionally interfere with or disrupt our Services or violate any applicable laws related to the access to or use of our Application/Website/Services, violate any requirements, procedures, policies or regulations of networks connected to our Application/Website/Services, or engage in any activity prohibited by these Terms;
- Disrupt or interfere with the security of, or otherwise cause harm to, our Application/Website/Services, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Website/Services or any affiliated or linked websites;
- Interfere with, or inhibit any user from using and enjoying access to our Application/Website/Services, or other affiliated websites, or engage in disruptive attacks such as denial of service attack on our Application/Website/Services;
- Use deep-links, page-scrape, robot, spider or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to our Application/Website/Services, to access, acquire, copy or monitor any portion of the Application /Website/Services, or in any way reproduce or circumvent the navigational structure or presentation of the Application/Website/Services, 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;
- Alter or modify any part of our Services;
- Use our 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 or provisions specified under the Terms for the use of our Application /Website/Services.
- Making available any content or material that:
- By submitting content on or through the Application/Website/Services (“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 or the Child User, except as described below. You agree that others may use such Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose the Material in accordance with these Terms. If you delete your user account, the Material and your and/or the Child User’s name may continue to remain available through the Services
- In the preparation of the Application/Website/Services and contents and materials contained or offered 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 that may be contained in the Application/Website/Services. Any feedback from you or a Child User is most welcome to make the Application/Website/Services and contents thereof error free and user friendly. The Company also reserves the right and discretion to make any changes/corrections or withdraw/add content or material 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 the Application/Website/Services for any particular purpose. You acknowledge that such information and material may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Our Application/Website/Services provide you and/or the Child User 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 continuity of such information contained on the Application/Website/Services. We shall 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/Application/Services may also include links to other websites. These links are provided for your or the Child User’s convenience to provide further information. They do not signify that we endorse such website(s). We have no responsibility for the content of the linked website(s). You or the Child User may also not create a link to the Website/Application from another website or document without the Company’s prior written consent.
- The contents of the Application/Services/Website are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage or reliance of the Application/Services/Website is not endorsed as a substitution to the curriculum–based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the relevant subject matter remains the same. The Company acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion or usage of methods in the Application/Services/Website does not imply endorsement of any particular method nor does exclusion imply disapproval. Subscription to the Application, or reliance or usage of our Services or Website does not in any manner guarantee admission to any educational institutions or passing of any exams or the achievement of any specified percentage of marks in any examinations.
- Certain contents in the Application/Services/Website 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 Application/Website/Services are interactive in nature, and we encourage contributions by users, which may or may not be subject to editorial control prior to 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/Application, irrespective of whether we have certified any answer uploaded by a user. We are also not responsible to verify 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/Website/Services (including free download/trials) or registrations through any source whatsoever, contact users through SMS, email and phone call, to give information or updates about our offerings and products as part of our Services, as well as notifications on various important updates and/or to seek permission for demonstration of such offerings and products. You (on behalf of yourself and/or a Child User) expressly grant such permission to contact you through telephone, SMS, e-mail and hold the Company (including but not limited to its subsidiaries/affiliates) indemnified against any liabilities including financial penalties, damages, expenses in case the ’your mobile number is registered with a given ‘Do not Call’ (i.e., 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 your confirmation, facilitate the demonstration of its products or Services at the location sought by the you, you acknowledges that you have not been induced by any statements or representations of any person with respect to the quality or conditions of our products or Services, and that you have relied solely on your own investigations, examinations and inspections, and that the Company has afforded the you the opportunity to conduct full and complete investigations, examinations and inspections.
- Upon registration through any means whatsoever, the Company may contact you through your registered mobile number or e-mail, or any other mobile number, contact number or email provided by you to enable effective provision of Application/Website/Services. You expressly permit the Company to contact you, 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/Website and the contents thereof, as well as the participation in the Services by you or a Child User, to analyse such usage and participation and discuss the same with you or the Child User in order to enable effective and efficient usage of the Application/Website/Services. You expressly permit the Company to clear the doubts of the Child User using the Application/Services/Website by answering the questions placed before it, teaching concepts, providing study plans, informing you of the progress, providing feedback, communicating with and mentoring the Child User through telephone or e-mail 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 you relating to the same is most welcome and Company reserves the right and discretion to take any action in this regard. You expressly provide consent to the Company and our staff and personnel to interact with the Child User, where required.
- Access to certain elements of the Application/Website/Services, including doubt clearance, teaching, and mentoring services, etc. may be subject to separate terms, conditions and fair usage policies. 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, any subscription to or registration through the Application/Website/Services does not automatically entitle you or a Child User to any and all elements of Application/Website/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 the Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw, or modify any of our Services at our discretion.
- The Company’s Services, including the Application and Website, and content contained therein, are compatible only with certain devices/tablets/instruments/hardware device. 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 Services. The Company reserves the right to upgrade the types of compatible devices, as may be required from time to time.
- The Company shall have no responsibility for any loss or damage caused to a tablet or any other hardware device and/or software and/or instrument or electronic device, including loss of data or effect on the processing speed, resulting from your or the Child User’s use of our Application/Website/Services.
- In order to encourage customer retention and loyalty, we encourage you, our fintech partners and other stakeholders to refer customers to buy our Services and other allied products. The Company, at its option, can pay referral bonus subject to applicable laws. Since this is an optional selective policy of the Company, the decision of the Company is final and the same cannot be either disputed or challenged. It should be noted with abundant caution that no customer, fintech partner or other stake-holder shall do business with the Company in anticipation of such referral bonus. The Company shall not be held responsible if any customer has done business with the objective of getting referral bonus as any bonus paid by the Company will be purely dependent on its own discretion, based on internal parameters and various demographic and economic factors.
- You have to specify the address to which any shipment may have to be made at the time of purchase of any of our Services (if applicable). 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, uou 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).
- Please note the following: (a) for return of product(s) damaged at the time of delivery, the shipping charges shall be borne by the Company. However, for return any of the product(s) for any other reasons, it shall be your responsibility to arrange for the return of such cancelled product(s) and the shipping charges shall be borne by you. (b) We request you not to accept any product package that seems to be tampered with, opened or damaged at the time of delivery. Any such products must be returned in the same condition as delivered by the Company. 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 any instrument/medium/hardware device, 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/Website/Services, you shall be required to register yourself with the
Application/Services/Website and maintain an account on the same. You (on behalf of
yourself and/or a Child User) will be required to furnish certain information and
details, including name, mobile number, e-mail address, residential address, grade/class
of the Child User, school name, payment information (such as credit/debit card details)
(if required), and any other information deemed necessary by the
Application/Website/Services. With respect to the provision of information, the
following may be noted:-
- It is your sole responsibility to ensure that the account information provided 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/the Child User successfully logs 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/the Child User’s ability to use your account is dependent upon external factors, such as services offered by internet service providers and internet network availability and the Company cannot guarantee accessibility to the Application/Website/Services 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/the Child User’s inability to log into your account and access the Application/Website/Services at any time.
- The Company will not be responsible for any consequence that arises as a result of misuse of any kind of our Application, Website or Services that may occur by virtue of any person, including a Child User registering for the Services/Website/Application provided. By using the Website, Application or Services, you warrant that all the data provided by you is accurate and complete and that the Child User using the Application/Website/Services has obtained your consent as their parent/legal guardian and is doing so under your supervision.
- 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/a Child User’s use of, or access to, the Application/Website/Services.
- In the event of your/a Child User’s 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.
- 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.
- The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspects, features, operations, or functionalities of the Application, Website 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/Website/Services. You agree that the Company shall not be liable to you, a Child User or any third party for any modification, suspension, or discontinuance of the Application/Website/Services. All prices for the Services are also subject to change without notice.
- DISCLAIMER: THE 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 THE WEBSITE, THE APPLICATION OR THE SERVICES. YOUR OR A CHILD USER’S USE OF ANY INFORMATION OR MATERIALS ON THE WEBSITE/APPLICATION/SERVICES 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 OR A CHILD USER’S SPECIFIC REQUIREMENTS.
- 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/Website. Any notice to be provided to the Company should be sent to firstname.lastname@example.org.
- 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 or a Child User’s participation on the Application, Website or Services does not make you an employee, and does not constitute an agency, partnership, joint venture or franchise of the Company.
- The Company provides these Terms so that you are aware of the terms and provisions that apply to your/the Child User’s use of the Website, Application and Services. You (on behalf of yourself and/or the Child User) acknowledge that the Company has given you a reasonable opportunity to review these Terms and that you have agreed to them.
- Any feedback you provide with respect to the Application/Website/Services shall be deemed to be non-confidential. The Application/Website/Services shall be free to use such information on an unrestricted basis. Further, by submitting feedback, you represent and warrant that: (i) your feedback does not contain confidential or proprietary information of you, a child user or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to such feedback; (iii) the Application/Website/Services 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 in any manner for any content provided by other users, even such content is offensive, hurtful, or offensive. Please exercise caution while accessing the Application/Website/Services.
- Customer Care: