TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS
1.2 These terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
2. USER LIMITATIONS
2.1 The use of our products, Website, Application and Services is solely for personal and non-commercial use of the user. Any use of the Application, Website, Services or products or their contents other than for personal purposes is prohibited. Personal and non-commercial use of this Application, Website, products and / or our Services by the user shall be subjected to the following restrictions:
- (i) The user may not decompile, reverse engineer, or disassemble the contents of the Application and / or our Website and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and / or our Website and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or and / or our Website and/or Services/products.
- (ii) The user will not
- a. use this Application and / or our Website and/or any of our product/s or Service/s for commercial purposes of any kind, or
- b. advertise or sell the Application or any products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or
- c. use the Application and / or Website/our products and Services in any 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, libellous, 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 Application/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 the user does not have a right to make available under any law or contractual or fiduciary relationship, unless the user owns or controls 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 the user’s 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 Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other User’s without their consent;
- i. Access or use the Application/Website/Services/products in any manner that could damage, disable, overburden or impair any of the Application's/Website's servers or the networks connected to any of the servers on which the Application/Website is hosted;
- j. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application/Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Application/ Website/ Services/ products, or engage in any activity prohibited by these Terms;
- k. Disrupt or interfere with the security of, or otherwise cause harm to, the Application/ Website/ Services/ products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Website/Services/products or any affiliated or linked sites;
- l. Interfere with, or inhibit any user from using and enjoying access to the Application/Website/ Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Application/Website/Services/products;
- 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 Application/Website/Services/products, to access, acquire, copy or monitor any portion of the Application /Website/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/products;
- 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 Application/Website/Services/products.
3. USER OBLIGATION
3.1 The User agrees that given the nature of the Internet, even though the Website is targeted to Asian Residents only, it may be accessed in other parts of the world. The information on this Website is not Intended for use by persons located in, or residents i n countries that restrict the distribution of such material/information or by any person in any jurisdiction where distribution or use of such material/information or usage or access of Website will be contrary to l aw or any regulation. It shall be the responsibility of every User to be aware of and fully observe the applicable laws and regulations of the jurisdiction which User is subject of.
3.2 Access to certain elements of the Services including doubt clearance, mentoring services etc may be subject to separate terms, conditions and fair usage policy. The Company reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Application/products or registrations do not automatically entitle the User to any and all elements of Services provided by the Company and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion.
3.3 The user agrees that the Company shall have no responsibility for any loss or damage caused to personal hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from the user’s use of our products and Services.
3.4 By submitting content on or through the Services (your “Material”), the user grants 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 their Material with them, except as described below. They agree that others may use their Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose their Material in accordance with these Terms. If the user deletes their user account their Material and name may remain available through the Services.
3.5 Upon registration through any means whatsoever, the Company may contact the user through the registered mobile number or e-mail or any other mobile number or contact number or email provided by them to enable effective provision of Services. The User expressly permits the Company to contact them through the above-mentioned means at any time post registration. .-. Further, the Company shall have the right to monitor the download and usage of the Application/Services/products and the contents thereof by the User, to analyse such usage and discuss the same with the User to enable effective and efficient usage of the Services
3.6 As a condition of access and use of the Website, the User warrants that he will not use the Website for any purpose that is unlawful or illegal under any l aw for the time being in force within or outside India or prohibited by this Agreement. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair or interfere with any other party's use and/or enjoyment of the Website or infringe any intellectual property rights of The Smart Owl or any third party.
3.7 The user understands and expressly agrees that to the extent permitted under applicable laws, in no event will the HTPF or any of its affiliates or parent company or any of their respective officers, employees, directors, shareholders, agents, or licensors be liable to the user or anyone else under any theory of liability (whether in contact, tort, statutory or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or should have known of the possibility of such damages), resulting from the user’s use of or inability to use the website or any parts thereof.
4. LINKS TO THIRD PARTY SITES
4.1 The Website may contain links to other websites or may contain features of any nature of other websites on the Website ("Linked Sites"). The Linked Sites are not under the control of The Smart Owl or the Website and The Smart Owl is not responsible for the content on any Linked Site, including without l imitation any l ink or advertisement contained in a Linked Site, or any changes or updates to a Linked Site. The Smart Owl is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. The inclusion of any l ink does not imply endorsement of any nature by The Smart Owl or the Website of the Linked Sites or any association with its operators or owners.
4.2 The Smart Owl will be making calls and sending SMS through a third-party platform after The User's registration in order to provide our service. The User's registration means acceptance of the service.
4.3 The Smart Owl is not responsible for any errors, inclusions, omissions or representations on any Linked Site, or on any link contained in a Linked Site. The User is requested to verify the accuracy of all information on his own before undertaking any reliance on such information of such products/ services that they believe may benefit the User.
5. DISCLAIMER OF WARRANTIES
5.1 We have endeavoured to ensure that all the information provided by it on this Website is correct, but it neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information displayed on this Website and we shall not be, in any manner liable for inaccuracy/error if any. We make no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of information displayed and communicated through or on the Website, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the Website or the provision of the Services.
5.2 We shall not be held responsible for non‐availability of the Website at any point in time for any reason whatsoever. The User understands and agrees that any material and/or data downloaded or otherwise obtained from The Smart Owl through the Website is done entirely at his/her discretion and risk and (s)he will be solely responsible for any damage to his/her computer systems or any other loss that results from such material and/or data.
6. CONTACT US FEATURE
6.1 The Users will be provided with Contact Us features on the Website. The Users will be able to provide their contact details to enable The Smart Owl to contact them.
6.2 The Users may further be provided with features to contact The Smart Owl, raise queries, comments or interact with us. However, The Smart Owl shall be at its sole discretion and be within its rights to answer, reply or opt not to reply to any such queries or comments.
6.3 By using the said features, the User permits us to contact them on their registered details, for any clarification or to offer any other service from time to time. In order to access the Services and to avail the use of the Application/products, shall be required to register themselves with the Application/Services/products, and maintain an account with the Application/Services/products. The user will be required to furnish certain information and details, including the user’s 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: -
a. It is the responsibility of the user to ensure that the account information provided by them is accurate, complete and latest.
b. The user shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under their account. The user agrees to
(i) ensure that they successfully log out from their account at the end of each session; and
(ii) immediately notify the Company of any unauthorized use of their account. If there is reason to believe that there is likely to be a breach of security or misuse of the user’s account, we may request the user to change the password or we may suspend their 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 the user’s failure to comply with this provision.
c. The user acknowledges that the ability to use their 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 the user for any damages arising from the user’s inability to log into their account and access the services of the Application at any time.
6.4. 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 one wishes to use Our products or Services, such use shall be made available to them by their legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Smart Owl will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services the user warrants that all the data provided by them is accurate and complete and that student using the Application has obtained the consent of parent/legal guardian (in case of minors). We reserve the right to terminate the user’s subscription and / or refuse to provide the user with access to the products or Services if it is discovered that the user is under the age of 18 (eighteen) years and the consent to use the products or Services is not made by the user’s parent/legal guardian or any information provided by user is inaccurate. The user acknowledges that the Company does not have the responsibility to ensure that the user conforms to the aforesaid eligibility criteria. It shall be the sole responsibility of the user to ensure that they meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Application.
7. OWNERSHIP AND PROPRIETARY RIGHTS
7.1 The content of the Website and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by The Smart Owl or validly licensed to The Smart Owl and are protected by applicable Indian and International copyright and other intellectual property l aw. The User acknowledges, understands and agrees that he shall not have, nor be entitled to claim, any rights i n and to the Website content and/or any portion thereof.
7.2Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution
8.1 If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
9. FORCE MAJEURE
9.1 The Smart Owl shall not be liable for any failure to perform any of its obligations under this Agreement or provide the Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
10.1 Without prejudice to the other remedies available to The Smart Owl under this Agreement or under applicable law, The Smart Owl may limit the User's activity, warn other Users of the User's actions, immediately temporarily / indefinitely suspend or terminate the User’s use of the Website, and/or refuse to provide the User with access to the Website if the User is in breach of this Agreement.
10.2 In the event of the breach of these Terms by the user, they agree that the Smart Owl will be irreparably harmed and may not have an adequate remedy in money or damages. The Smart Owl therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. Our right to obtain such relief shall not limit its right to obtain other remedies.
10.3 Any violation by the user of the terms of this Clause may result in immediate suspension or termination of Accounts of the user apart from any legal remedy that the Company can avail. In such instances, the Smart Owl may also disclose the Account Information of the user if required by any Governmental or legal authority. The User understands that the violation of these Terms could also result in civil or criminal liability under applicable laws.
11.1 The user agrees to indemnify, defend and hold harmless The Smart Owl, its affiliates, group companies and their directors, officers, employees, agents, third party service providers, and any other third part providing any services to HTPF in relation to the website whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by The Smart Owl that arise out of:
a. The use of and access of the Application/Website/Services by the user;
b. Violation of any term of these Terms or any other policy of the Company by the user;
c. Violation of any third party right, including without limitation, any copyright, property, or privacy right by the user;
d. any claim that use of the Application/Website/Services by the user has caused damage to a third party. This defence and indemnification obligation will survive these Terms.
11.2 In no event shall the Company, its officers, directors, employees, partners or agents be liable to the user 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, the use of, or access to, the Application by the user.
12. GOVERNING LAW
12.1 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 Kochi, India and the use hereby accedes to and accepts the jurisdiction of such courts.