Terms and Conditions
Privacy Policy
We value your trust. In
order to honour that trust, DmStudy4u adheres to ethical standards in
gathering, using, and safeguarding any information you provide. Think and Learn
Private Limited (operating under the brandname DmStudy4u), is a leading edtech
company, incorporated in India, for imparting learning. This privacy policy
governs your use of the application 'DmStudy4u's – https:// DmStudy4u.blogspot.com
('Website') and the other associated applications, products, websites and
services managed by the Company. Please read this privacy policy ('Policy')
carefully before using the website, our services and products, along with the
Terms of Use ('ToU') provided on the Website. Your use of the Website services
in connection with the 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 our products or
avail any of our Services.
User
Provided Information
The
Application/Website/Services/products obtains the information you provide when
you download and register for the 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 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 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 website or provide any Services/products there under to you.
Automatically
Collected Information
In addition, the products/Services
may collect certain information automatically, including, but not limited to,
the type of mobile device you use, your mobile devices 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 website/Services/products.
As is true of most website, 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 analyse trends, to conduct research, to administer the website/Services and
products, to learn about each user's learning patterns and movements around the
website /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 our 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 behavior
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 InformationDmStudy4u 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 set forth in this Policy;
- to protect against imminent
harm to the rights, property or safety of the Website/ Think and Learn
Private Limited or its users or the public as required or permitted by
law;
- with third party service
providers in order to personalize the 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 for you to
access and change your profile from our 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
login 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 keep track of 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 web sites. We encourage our users to be aware when
they leave our site to read the privacy statements of each and every web site
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/affiliatesor 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, photos, 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 if you disclose
personal information in your profile or when posting on our forums this
information may become publicly available.
Security
We are concerned about
safeguarding the confidentiality of your 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 that information in order 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
afterward. 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 types of data if
needed 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 Services/products/Website must be in a position to provide an informed
consent prior to providing any Information required for the use of the Services/products/Website.
By registering with us, you are expressly consenting to our collection,
processing, storing, disclosing and handling of your information as set forth
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 in accordance with the applicable data
protection laws of India.
Contact
Information
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 Dwipam Basu
Address: 14A/2 Badiyapar Main Road, Halisahar, North 24pgs, Pin-743134, West
Bengal, India. Reach out to us on Dmstudy4u@gmail.com, in case of any queries.
Terms & Conditions
These Terms &
Conditions (“Terms”) of (a) use of our website https://Dmstudy4u.blogspot.com (“Website”) or
any products or services in connection with the 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 Dmstudy4u(“Company/We/Us/Our”)
and its users (“User/You/Your”).
These Terms constitute an
electronic record in accordance with 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”) with respect to
registration with us, the use of the Website, Services and products carefully
before using the Website, Services or products. In the event of any discrepancy
between the Terms and any other policies with respect to the Website or Services
or products, the provisions of the Terms shall prevail.
Your use/access/browsing of
the Website or the Services or products or registration (with or without
payment/with or without 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 Website or avail the
Services or products. Any access to our Services/ products 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 Website, Services and
products 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 this 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, 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 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 third party.
Further, you recognize and acknoweldge 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
and You are not permitted to use the same without the consent of the
respective third party.
- Your use of our products, Website
and Services is solely for Your personal and non-commercial use. Any use
of the Website, Services or products or their contents other than for
personal purposes is prohibited. Your personal and non-commercial use of
this Website, products and / or our Services shall be subjected to the
following restrictions:
i.
You may not decompile, reverse engineer, or disassemble the
contents of the 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 Website
and/or Services/products, or remove any copyright, trademark registration, or
other proprietary notices from the contents of the Website and/or
Services/products.
ii.
You will not (a) use this Website and/or any of our product/s or
Service/s for commercial purposes of any kind, or (b) advertise or sell 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 Website/our products and Services in any way that is unlawful, or
harms the Company or any other person or entity as determined by the Company.
iii.
No User shall be permitted to perform any of the following
prohibited activities while availing our Services:
a.
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;
b.
Stalking, intimidating and/or harassing another and/or inciting
other to commit violence;
c.
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;
d.
Interfering with any other person's use or enjoyment of the Website/Services;
e.
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;
f.
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;
g.
Impersonate any person or entity, or falsely state or otherwise
misrepresent Your affiliation with a person or entity;
h.
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 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;
i.
Access or use the Website/Services/products in any manner that
could damage, disable, overburden or impair any of the Website's servers or the
networks connected to any of the servers on which the Application/Website is
hosted;
j.
Intentionally or unintentionally interfere with or disrupt the
services or violate any applicable laws related to the access to or use of the Website/Services/products,
violate any requirements, procedures, policies or regulations of networks
connected to the Website/Services/products, or engage in any activity
prohibited by these Terms;
k.
Disrupt or interfere with the security of, or otherwise cause harm
to, the 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;
l.
Interfere with, or inhibit any user from using and enjoying access
to the Website/ Services/products, or other affiliated sites, or engage in
disruptive attacks such as denial of service attack on the Website/Services/products;
m. Use deep-links,
page-scrape, robot, spider or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to increase traffic
to the Website/Services/products, to access, acquire, copy or monitor any
portion of the 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 Website/Services/products;
n.
Alter or modify any part of the Services;
o.
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
p.
Violate any of the terms specified under the Terms for the use of
the 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 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 that may be contained in the Website.
Any feedback from User is most welcome to make the Website and contents
thereof error free and user friendly. 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 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 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 contents of the Services/products
are developed on the concepts covered in the structured curriculum
syllabus prescribed for students of various courses. The usage of the Services/products
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 subject matter
would remain the same. The Company acknowledges that there are various
means of delivering structured curriculum pedagogy and inclusion of
methods in the Services/products does not imply endorsement of any
particular method nor 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 Services/Website/products
(in particular 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 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, irrespective of whether We have certified any answer uploaded by
the User. We would not be 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 Website (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, e-mail 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 e-mail 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 utilising
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 Website/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 Website/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 e-mail 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 User relating to the same is most
welcome and 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 Website/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 Website 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 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.
- In order to encourage Customer
Retention and Loyalty, Dmstudy4u encourages its Customers, Fintech
Partners and other stakeholders to refer customers to buy Dmstudy4u Products
& Services. 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 Bonus. Company shall not be held
responsible if some Customer has done business with the objective of
getting referral bonus as Bonus paid by the Company is purely dependent on
its own discretion based on internal parameters and various demographic
and economic factors.
- 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 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 specifed 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 Website/products, You shall be required to
register yourself with the Website/Services/products, and maintain an
account with the Website/Services/products. You will be required to
furnish certain information and details, including Your name, mobile
number, e-mail 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 into Your account
and access the services of the Application at any time.
- 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 has agreed to these Terms. In the event a minor utilizes
the 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 Website 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 student using the Website 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 Website.
- 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 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 Website/Services has caused damage to a third party.
This defense and indemnification obligation will survive these Terms.
- 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.
- 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.
- 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.
- 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 aspect(s),
features or functionality of the 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 Website. You agree that the Company shall not be liable to
You or any third party for any modification, suspension or discontinuance
of the Website /Services. All prices are subject to change without notice.
- DISCLAIMER: THIS WEBSITE 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, 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 SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS
WEBSITE /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.
- 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. Any notice to be provided to the Company
should be sent to Dmstudy4u@gmail.com
- 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 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 on the Website, 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
and Services. You acknowledge that, the Company has given You a reasonable
opportunity to review these Terms and that You have agreed to them.
- Feedback:
- Any feedback You provide with
respect to the Website shall be deemed to be non-confidential. The Website
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 in any manner for any content provided by
other users even such content is offensive, hurtful or offensive. Please
exercise caution while accessing the Website.
- 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 Dmstudy4u@gmail.com
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