Terms for using JediBrain services
These Terms & Conditions (“Terms”) of (a) use of our website jedibrain.com(“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 orotherstorage/transmitting device are between JediBrain Learning Pvt Ltd. (“Company/We/Us/Our”) andits users(“User/You/Your”).
These Terms constitute an electronic record in accordance with theprovisions of theInformation Technology Act, 2000 and the Information Technology (Intermediaries guidelines)Rules, 2011 thereunder,as amended from time to time.
Your use/access/browsing of the Application or Website or theServices or productsor registration (with or without payment/with or without subscription) through any means shallsignify Youracceptance of the Terms and Your agreement to be legally bound by the same.
Ownership of Content
Except as mentioned below, all information, content, material, trademarks,services marks, tradenames, and trade secrets including but not limited to the software, text, images, graphics,video, script andaudio, contained in the Application, Website, Services and products are proprietary property ofthe Company(“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced,modified,republished, uploaded, posted, transmitted or distributed in any way without obtaining priorwritten permissionfrom the Company and nothing on this Application or Website or Services shall be or productsdeemed to confer alicense of or any other right, interest or title to or in any of the intellectual propertyrights belonging to theCompany, to the User. You may own the medium on which the information, content or materialsresides, but theCompany shall at all times retain full and complete title to the information, content ormaterials and allintellectual property rights inserted by the Company on such medium. Certain contents on theWebsite may belong tothird parties. Such contents have been reproduced after taking prior consent from said partyand all rightsrelating to such content will remain with such third party. Further, you recognize andacknowledge that theownership of all trademarks, copyright, logos, service marks and other intellectual propertyowned by any thirdparty shall continue to vest with such party and You are not permitted to use the same withoutthe consent of therespective third party.
Usage of Site, Application or Services
Your use of our products, Website, Application and Services is solely for Yourpersonal andnon-commercial use. Any use of the Application, Website, Services or products or their contentsother than forpersonal purposes is prohibited. Your personal and non-commercial use of this Application,Website, products and /or our Services shall be subjected to the following restrictions:
1. You may not decompile, reverse engineer, or disassemble thecontents of theApplication 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 orsoftware obtainedfrom the Application and / or our Website and/or Services/products, or remove any copyright,trademarkregistration, or other proprietary notices from the contents of the Application and / or and /or our Websiteand/or Services/products.
2. You will not (a) use this Application and / or our Websiteand/or any of ourproduct/s or Service/s for commercial purposes of any kind, or (b) advertise or sell theApplication or anyproducts, Services or domain names or otherwise (whether or not for profit), or solicit others(including, withoutlimitation, solicitations for contributions or donations) or use any public forum forcommercial purposes of anykind, or (c) use the Application and / or Website/our products and Services in any way that isunlawful, or harmsthe Company or any other person or entity as determined by the Company.
3. No User shall be permitted to perform any of the followingprohibited activitieswhile availing our Services:
i) Making available any content that is misleading, unlawful,harmful, threatening,abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious,profane, invasiveof another's privacy, hateful, or racially, ethnically or otherwise objectionable;
ii) Stalking, intimidating and/or harassing another and/or incitingothers to commitviolence;
iii) Transmitting material that encourages anyone to commit acriminal offence, thatresults in civil liability or otherwise breaches any relevant laws, regulations or code ofpractice;
iv) Interfering with any other person's use or enjoyment of theApplication/Website/Services;
v) Making, transmitting or storing electronic copies of materialsprotected bycopyright without the permission of the owner, committing any act that amounts to theinfringement of intellectualproperty or making available any material that infringes any intellectual property rights orother proprietaryrights of anyone else;
vi) Make available any content or material that You do not have aright to makeavailable under any law or contractual or fiduciary relationship unless You own or control therights thereto orhave received all necessary consents for such use of the content;
vii) Impersonate any person or entity, or falsely state orotherwise misrepresent Youraffiliation with a person or entity;
viii) Post, transmit or make available any material that containsviruses, trojanhorses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code,files or such otherprograms that may harm the Application/services, interests or rights of other users or limitthe functionality ofany computer software, hardware or telecommunications, or that may harvest or collect any dataor personalinformation about other Users without their consent;
ix) Access or use the Application/Website/Services/productsin any manner thatcould damage, disable, overburden or impair any of the Application’s/Website’s serversor the networksconnected to any of the servers on which the Application/Website is hosted;
x) Intentionally or unintentionally interfere with ordisrupt the services orviolate any applicable laws related to the access to or use of theApplication/Website/Services/products,violate any requirements, procedures, policies or regulations of networks connected totheApplication/Website/Services/products, or engage in any activity prohibited by theseTerms;
xi) Disrupt or interfere with the security of, or otherwisecause harm to, theApplication/Website/Services/products, materials, systems resources, or gainunauthorized access to useraccounts, passwords, servers or networks connected to or accessible through theApplication/Website/Services/products or any affiliated or linked sites;
xii) Interfere with, or inhibit any user from using andenjoying access to theApplication/Website/ Services/products, or other affiliated sites, or engage indisruptive attacks such asdenial of service attack on the Application/Website/Services/products;
xiii) Use deep-links, page-scrape, robot, spider orother automaticdevice, program, algorithm or methodology, or any similar or equivalent manualprocess, to increasetraffic to the Application/Website/Services/products, to access, acquire, copyor monitor anyportion of the Application /Website/Services/products, or in any way reproduceor circumvent thenavigational structure or presentation of the Application, or any content, toobtain or attempt toobtain any content, documents or information through any means not specificallymade availablethrough the Application/ Website/Services/products;Alter or modify any part of the Services;
xiv) Use the Services for purposes that are notpermitted by: (i) theseTerms; and (ii) any applicable law, regulation or generally accepted practicesor guidelines in therelevant jurisdiction; orViolate any of the terms specified under the Terms for the use of theApplication/Website/Services/products.
By submitting content on or through the Services (your“Material”), you grant us a worldwide, non-exclusive, royalty-freelicense (with the right to sublicense) to use, copy, reproduce,process, adapt, modify, publish, transmit, display and distribute suchMaterial in any and all media or distribution methods (now known orlater developed) and to associate your Material with you, except asdescribed below. You agree that others may use Your Material in thesame way as any other content available through the Services. Otherusers of the Services may fork, tweak and repurpose your Material inaccordance with these Terms. If you delete your user account yourMaterial and name may remain available through the Services
Some parts of the Services areinteractive, and we encourage contributions by Users, which may or maynot be subject to editorial control prior to being posted. The Companyaccepts no responsibility or liability for any material communicated bythird parties in this way. The Company reserves the right at its solediscretion to remove, review, edit or delete any content. Similarly, Wewill not be responsible or liable for any content uploaded by Usersdirectly on the Website, irrespective of whether We have certified anyanswers uploaded by the User. We would not be responsible to verifywhether such questions/answers or contents placed by any User containinfringing materials or not.
Information and Availability
In the preparation of theApplication/Website/Services/products and contents therein, everyeffort has been made to offer the most current, correct, and clearlyexpressed information possible. Nevertheless, inadvertent errors mayoccur. In particular, but without limiting anything here, the Companydisclaims any responsibility for any errors and accuracy of theinformation that may be contained in the Application. Any feedback fromUser is most welcome to make the Application and contents thereoferror-free and user-friendly. The company also reserves the right anddiscretion to make any changes/corrections or withdraw/add contents atany time without notice. Neither the Company nor any third partiesprovide any warranty or guarantee as to the accuracy, timeliness,performance, completeness or suitability of the information andmaterials found or offered on Application/Website/Services/products forany particular purpose. You acknowledge that such information andmaterials may contain inaccuracies or errors and we expressly excludeliability for any such inaccuracies or errors to the fullest extentpermitted by law.
Our Website provides Users with accessto compiled educational information and related sources. Suchinformation is provided on an As-Is basis and We assume no liabilityfor the accuracy or completeness or use or non-obsolescence of suchinformation. We shall not be liable to update or ensure continuity ofsuch information contained on the Website. We would not be responsiblefor any errors, which might appear in such information, which iscompiled from third party sources or for any unavailability of suchinformation. From time to time the Website may also include links toother websites. These links are provided for your convenience toprovide further information. They do not signify that we endorse thewebsite(s). We have no responsibility for the content of the linkedwebsite(s). You may not create a link to the Website from anotherwebsite or document without the Company’s prior written consent.
The contents of theApplication/Services/products are developed on the concepts covered inthe structured curriculum syllabus prescribed for students of variouslanguagecourses. The usage of the Application/Services/products is not endorsedas a substitution to the curriculum based education provided by theeducational institutions but is intended to supplement the same byexplaining and presenting the language concepts in a manner enablingeasyunderstanding. The basic definitions and text of the subject matterwould remain the same. The Company acknowledges that there are variousmeans of delivering structured curriculum pedagogy and inclusion ofmethods in the Application/Services/products does not imply endorsementof any particular method nor exclusion imply disapproval. Subscriptionto the Application or usage of our Services/Website/products does notin any manner guarantee admission to any educational institutions orpassing of any exams or achievement of any specified percentage ofmarks in any examinations.
Certain contents in theApplication/Services/Website/products (in particular relating toassistance in learning languages) may contain opinions and views. TheCompany shall not be responsible for such opinions or any claimsresulting from them. Further, the Company makes no warranties orrepresentations whatsoever regarding the quality, content,completeness, or adequacy of such information and data.
The Company may, based on any form of access to theApplication (including free download/trials) or Services or Website orregistrations through any source whatsoever, contact the User throughSMS, email and call, to give information about its products as well asnotifications on various important updates and/or to seek permissionfor demonstration of its products. The User expressly grants suchpermission to contact him/her through telephone, SMS, e-mail and holdsthe Company indemnified against any liabilities including financialpenalties, damages, expenses in case the User’s mobile number isregistered with Do Not Call (DNC) database. By registering yourself,you agree to make your contact details available to Our employees,associates, and partners so that you may be contacted for educationinformation and promotions through telephone, SMS, email etc.
While the Company may be based on theUser’s confirmation, facilitate the demonstration of its products atthe location sought by the User, the User acknowledges that he/she hasnot been induced by any statements or representations of any personwith respect to the quality or conditions of the products and that Userhas relied solely on the investigations, examinations, and inspectionsas the User has chosen to make and that the Company has afforded theUser the opportunity for full and complete investigations, examinationsand inspections.
Upon registration through any meanswhatsoever, the Company may contact You through the registered mobilenumber or e-mail or any other mobile number or contact number or emailprovided by You to enable effective provision of Services. The Userexpressly permits the Company to contact him/her and the studentutilizing the Services, through the above-mentioned means at any timepost registration. Further, the Company shall have the right to monitorthe download and usage of the Application/Services/products and thecontents thereof by the User/student, to analyze such usage and discussthe same with the User/student to enable effective and efficient usageof the Services. The User expressly permits the Company to clear thedoubts of the student using the Application/Services/online portal byanswering the questions placed before it, providing study plans,informing of the progress, providing feedback, communicating with thestudent and mentoring the student through telephone or e-mail onexpress consent of the legal guardian/parent of the User or through anyother forum.
While the Company has made efforts totrain the personnel engaged in the sales and services relating to itsproducts to enable quality control, it makes no warranties orrepresentations whatsoever regarding the quality and competence of suchpersonnel and would not be responsible for any deviant behavior of anysuch personnel. Any feedback from User relating to the same is mostwelcome and Company reserves the right and discretion to take anyaction in this regard.
Fair usage policy
Access to certain elements of the Services including doubtclearance, mentoring services etc may be subject to separate terms,conditions and fair usage policy. The Company reserves the right todetermine the criteria for the provision of various elements ofServices to the different categories of Users based on its policies.Hence, subscription to the Application/products or registrations do notautomatically entitle the User to any and all elements of Servicesprovided by the Company and the Company shall be entitled to exerciseits discretion while providing access to and determining the continuityof certain elements of Services. We reserve the right to extend,cancel, discontinue, prematurely withdraw or modify any of Our Servicesat Our discretion.
The Company’s products and/or Services, including theApplication and content, are compatible only with certain Mobiledevices/ tablets/ browsers/ hardware. The Company shall not beobligated to provide workable products and/or services for anyinstruments which are not compatible with the Company’s products andServices. The company reserves the right to upgrade the list/ models/type of compatible devices as required from time to time.
The Company shall have noresponsibility for any loss or damage caused to mobile phone/ tablet orany other hardware and/or software and/or instrument, including loss ofdata or effect on the processing speed, resulting from Your use of ourproducts and Services.
In order to access the Services and to avail the use of theApplication/products, You shall be required to register yourself withthe Application/Services/products and maintain an account with theApplication/Services/products. You will be required to furnish certaininformation and details, including Your name, mobile number, e-mailaddress, residential address, grade/class of the student, school name,payment information (credit/debit card details) if required, and anyother information deemed necessary by the Application. With respect tothe provision of information, the following may be noted:
It is Your sole responsibility toensure that the account information provided by You is accurate,complete and latest.
You shall be responsible formaintaining the confidentiality of the account information and for allactivities that occur under Your account. You agree to (a) ensure thatYou successfully log out from Your account at the end of each session,and (b) immediately notify the Company of any unauthorized use of Youraccount. If there is a reason to believe that there is likely to be abreach of security or misuse of Your account, we may request You tochange the password or we may suspend Your account without anyliability to the Company, for such period of time as we deemappropriate in the circumstances. We shall not be liable for any lossor damage arising from Your failure to comply with this provision.
You acknowledge that Your ability touse Your account is dependent upon external factors such as internetservice providers and internet network availability and the Companycannot guarantee access to the Application at all times. In addition tothe disclaimers set forth in the Terms, the Company shall not be liableto You for any damages arising from Your inability to log into Youraccount and access the services of the Application at any time.
Persons who are "competent/capable" ofcontracting within the meaning of the Indian Contract Act, 1872 shallbe eligible to register for the Application and all Our products orServices. Persons who are minors, un-discharged insolvents etc. are noteligible to register for Our products or Services. As a minor, if Youwish to use Our products or Services, such use shall be made availableto You by Your legal guardian or parents, who have agreed to theseTerms. In the event a minor utilizes the Application/Website/Services,it is assumed that he/she has obtained the consent of the legalguardian or parents and such use is made available by the legalguardian or parents. The Company will not be responsible for anyconsequence that arises as a result of misuse of any kind of OurApplication or any of Our products or Services that may occur by virtueof any person including a minor registering for the Services/productsprovided. By using the products or Services You warrant that all thedata provided by You is accurate and complete and that student usingthe Application has obtained the consent of parent/legal guardian (incase of minors). The Company reserves the right to terminate Yoursubscription and / or refuse to provide You with access to the productsor 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 notmade by Your parent/legal guardian or any information provided by Youis inaccurate. You acknowledge that the Company does not have theresponsibility to ensure that You conform to the aforesaid eligibilitycriteria. It shall be Your sole responsibility to ensure that You meetthe required qualification. Any persons under the age of 18 (eighteen)should seek the consent of their parents/legal guardians beforeproviding any Information about themselves or their parents and otherfamily members on the Application.
You agree to defend, indemnify and holdharmless 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 toattorney's fees) arising from: (i) Your use of and access of theApplication/Website/Services; (ii) Your violation of any term of theseTerms or any other policy of the Company; (iii) Your violation of anythird party right, including without limitation, any copyright,property, or privacy right; or (iv) any claim that Your use of theApplication/Website/Services has caused damage to a third party. Thisdefense and indemnification obligation will survive these Terms.
In no event shall the Company, itsofficers, directors, employees, partners or agents be liable to You orany third party for any special, incidental, indirect, consequential orpunitive damages whatsoever, including those resulting from loss ofuse, data or profits or any other claim arising out, of or inconnection with, Your use of, or access to, the Application.
In the event of Your breach of theseTerms, You agree that the Company will be irreparably harmed and maynot have an adequate remedy in money or damages. The Company,therefore, shall be entitled in such event to obtain an injunctionagainst such a breach from any court of competent jurisdiction. TheCompany’s right to obtain such relief shall not limit its right toobtain other remedies.
Any violation by You of the terms ofthis Clause may result in immediate suspension or termination of YourAccounts apart from any legal remedy that the Company can avail. Insuch instances, the Company may also disclose Your Account Informationif required by any Governmental or legal authority. You understand thatthe violation of these Terms could also result in civil or criminalliability under applicable laws.
The Terms shall be governed by andconstrued in accordance with the laws of India, without regard toconflict of law principles. Further, the Terms shall be subject to theexclusive jurisdiction of the competent courts located in Bangalore andYou hereby accede to and accept the jurisdiction of such courts.
The Company has the right to changemodify, suspend, or discontinue and/or eliminate any aspect(s),features or functionality of the Application or the Services as itdeems fit at any time without notice. Further, the Company has theright to amend these Terms from time to time without prior notice toyou. The Company makes no commitment, express or implied, to maintainor continue any aspect of the Application. You agree that the Companyshall not be liable to You or any third party for any modification,suspension or discontinuance of the Application/Services. All pricesare subject to change without notice.
THIS WEBSITE, THE APPLICATION AND THESERVICES ARE PROVIDEDON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANYKIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITHREGARD TO THE WEBSITE, APPLICATION/PRODUCTS AND THE SERVICES, INCLUDINGWITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY,TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY ANDNON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANYDAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OFTHIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANYINFORMATION OR MATERIALS ON THIS WEBSITE/ APPLICATION/ SERVICES/PRODUCTSIS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. ITSHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY USMEET YOUR SPECIFIC REQUIREMENTS
Notice: All notices served by theCompany shall be provided via email to Your account or as a generalnotification on the Application. Any notice to be provided to theCompany should be sent to email@example.com.
Assignment: You cannot assign orotherwise transfer Your obligations under the Terms, or any rightgranted hereunder to any third party. The Company’s rights under theTerms are freely transferable by the Company to any third partieswithout the requirement of seeking Your consent.
Severability: If for any reason, acourt of competent jurisdiction finds any provision of the Terms, orportion thereof, to be unenforceable, that provision shall be enforcedto the maximum extent permissible so as to give effect to the intent ofthe parties as reflected by that provision, and the remainder of theTerms shall continue in full force and effect.
Waiver: Any failure by the Company toenforce or exercise any provision of the Terms, or any related right,shall not constitute a waiver by the Company of that provision orright.
Relationship: You acknowledge that Yourparticipation in the Application, does not make You an employee oragency or partnership or joint venture or franchise of the Company.
The Company provides these Terms sothat You are aware of the terms that apply to your use of theWebsite/Application and Services. You acknowledge that, the Company hasgiven You a reasonable opportunity to review these Terms and that Youhave agreed to them.
Feedback and Rewards
Any feedback You provide with respectto the Application shall be deemed to be non-confidential. TheApplication shall be free to use such information on an unrestrictedbasis. Further, by submitting the feedback, You represent and warrantthat (i) Your feedback does not contain confidential or proprietaryinformation of You or of third parties; (ii) the Company is not underany obligation of confidentiality, express or implied, with respect tothe feedback; (iii) the Application may have something similar to thefeedback already under consideration or in development; and (iv) Youare not entitled to any compensation or reimbursement of any kind fromthe Company for the feedback under any circumstances, unless specified.
Under no circumstances shall theCompany be held responsible in any manner for any content provided byother users even such content is offensive, hurtful or offensive.Please exercise caution while accessing the Application.
YOU HAVE READ THESE TERMS OFUSE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
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