Terms of Service

INFORMATION ABOUT USE

www.embibe.com is a website operated by Indiavidual Learning Private Limited (hereinafter referred to as "We", "Us"). We are a company registered in the State of Haryana and have our office located at Bangalore.

1. TERMS OF WEBSITE USE

1.1 This page (together with the documents referred on it) set out the terms of use by which you may make use of the embibe.com website and the Embibe mobile application (together and separately, referred to as "our site"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site or by assessing or using our website through our Facebook application, you indicate that you have read and accepted these terms of use, which include the privacy policy that applies to our site (the "Privacy Policy") and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site. We at our sole discretion, reserve the right not to accept a user from registering on our site or on our Facebook application without assigning any reason thereof.

1.2 The Terms of Use are in respect of for our site and our Facebook application only and do not apply, replace or supersede to the terms and condition of use and the privacy policy of Facebook.

2. OWNERSHIP OF CONTENT

Our Site, our Facebook Application and all of its contents including, but not limited to, all text, logos, videos, illustrations, artwork, information, images and other material ("Content") are owned and copyrighted by us unless otherwise mentioned therein. Our Site features logos, brand identities, domain names and other trademarks and service marks (collectively referred to as "Intellectual Property") that are the proprietary rights and/ or are licensed to us. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the marks displayed on our Site without prior written authorization/ permission from us. Your use of any content, except as provided in these Terms of Use herein, without prior written authorization/ permission from us is strictly prohibited. You are also advised that we will enforce our Intellectual Property rights to the fullest extent of the law, including taking civil and/ or criminal action.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 We are the owner and/ or the licensee of all the Intellectual Property rights in our site, except where specifically mentioned. Said Intellectual Property are protected under applicable laws in India and through international conventions. All such rights are reserved to us and our licensors. As a visitor to our site, you may download a single copy of the material for your own non-commercial, private viewing purposes only. No copying or distribution for any commercial or business use is permitted without our prior written consent.

3.2 You must not modify, edit or change the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not also use or modify or reproduce any of the content whether text or written material or artwork, images, videos in any manner whatsoever. In addition, you may not include a link to our site or display the contents of our site surrounded or framed or otherwise surrounded by material not originating from us without our consent.

3.3 You may not distribute, modify, publish, re-use, reproduce, copy (except as set forth above), transmit, display, license, create derivative works from, transfer, sell or otherwise use any of the information, illustrations, photographs, video or audio sequences or any graphics in any manner whatsoever.

3.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

3.5 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

3.6 Any use of the content or marks provided on our Site or Facebook application other than as specifically mentioned hereinabove, without our prior written permission, is strictly prohibited and will automatically terminate the license and right to use granted herein. Such unauthorized use may also violate the applicable laws including but not limited to trademark, copyright and design laws and the applicable regulations and statutes. Unless expressly mentioned, nothing in the terms and conditions shall be construed as conferring any right or license to intellectual property rights, whether by estoppel, implication or otherwise. A limited license to use is granted herein and the same is revocable at any point of time by us with prior notice and without any cause.

4. REGISTERED USERS

4.1 In order to participate in certain Message Features and to access certain features of our site and our Facebook application, you may be asked to register by providing certain personal information such as, for example, your name and email address (our Privacy Policy https://www......../en/legal/ privacy-policy explains how such information may be collected and used including our policy on cookies). You will also be asked to select a user name ("User Name") for identification purposes.

4.2 You must ensure that the details and information provided by you is correct, accurate and up to date. We will not be responsible for any loss or harm arising out of your failure to provide the same. We may ask you to verify the accuracy of the details and information provided by you at any point of time.e.

4.3 You must take all the reasonable and necessary care to ensure that your account both on our site and our Facebook Application respectively is operated and accessed by solely by you and no one else.

4.4 You are responsible for maintaining the confidentiality of your password and your account information, and you are solely and fully responsible for all activities that occur under your password or account and for any access to or use of the our site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.

4.5 You must immediately notify us of any unauthorized use of your password or account or any other breach of security.

4.6 We will not be liable for any loss or damage whatsoever resulting from the disclosure your password contrary to these Terms of Use. You may not use another person's account at any time without the express permission of the account holder.

4.7 If we become aware that you have used another person's account or password or any information or material contrary to any of the terms and conditions mentioned herein, then we reserve our right to take all necessary actions.

4.8 You retain ownership of any video, image, text, software, information or any content posted, uploaded or published by you on our site using a Message Feature. You represent and warrant that you have the necessary right, license, authorization or permission to post, upload or publish the same on our site and by posting, uploading or publishing the same on our site, you have authorized the company to use the same without any restrictions.

4.9 We will not be responsible for any of comment, video, text, software, information discussion, information, content or view posted by you on our site or through our Facebook Application.

4.10 You retain and warrant that the information, material, comment, video, text, software, information discussion, information, content posted uploaded or published by you on our site or our Facebook application does not infringe upon the rights if third parties including but not limited to intellectual property rights, privacy or personal rights.

4.11 We will be in no way responsible or liable with respect to any discussions, chats, information or any material posted on our site by you or anyone else and we assume no liability arising from any false, misleading, defamatory, obscene, vulgar, scandalous, infringing or any material that would violate the laws of India or any other country and give rise to civil or criminal liability.

4.12 You must not post, upload, publish, transmit, or share any Content on our Site or our Facebook Application that you did not create or that you do not have permission to post.

4.13 We have the right to store any content you post on our site, and at our discretion to make available any such content on our site, in each case indefinitely. However, we are not obliged to make available or otherwise exploit any such content. We are not responsible for any loss, theft, rights infringement or damage of any kind to or associated with any such content and you take sole responsibility for any such content that you provide to us.

4.14 By posting any content via any Message Features, you are granting to us a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, re-use, prepare derivative works based upon, distribute, perform or display such content, in whole or in part, in any form, media or technology known or hereafter developed.

4.15 You are prohibited from using our Site to advertise or perform any commercial solicitation in any manner.

4.16 You authorize Us for contacting you (including by post, email, fax, short text message (SMS), pager or telephone) about Our products and services (collectively "Promotional Communications") which We think may be of your interest. You agree to hold harmless and indemnify Us and Our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits and or proceedings, as well as any and all losses, liabilities, damages, costs and expenses arising out of or relate to such Promotional Communication with you or any person on your behalf.

5. INFORMATION AND AVAILABILITY

5.1 While we take every care to ensure that the information on our site is accurate and complete, some of it is supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. We make no warranty or represent the accuracy of the information supplied to us by third parties. Further, due to the inherent nature of the internet, errors, interruptions and delays may occur in the service at any time. Accordingly, our site is provided "as is" without any warranties of any kind, express or implied, and we do not accept any responsibility and liability arising from any inaccuracy or omission in the information or interruption in availability.

5.2 We would be happy to correct any error or correction with respect to the mock questions, test, material and information published on our website that is brought to our notice by you in writing and we will within a reasonable time carry out the necessary changes as deemed appropriate by us.

6. MOBILE TERMS OF USE

When accessing Embibe via mobile, standard network charges apply. Your handset must be WAP enabled. You may incur additional WAP and GPRS charges from your network operator according to your contract. Our site via mobile (off portal) is not a subscription service.

7. VARIATION

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. Information on our site is subject to change without any prior notice or obligation to notify you. Additionally, we reserve the right to change any and all content, software and other items used or contained on our Site or our Facebook application at any point of time without notice.

8. INDEMNITY

You agree to indemnify us and our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:

8.1 Any misrepresentation, act or omission made by you in connection with your use of our site;

8.2 Any non-compliance by you with these Terms; or

8.3 Claims brought by third parties arising from or related to your access or use of our site, including without limitation the Message Features or other information made available by you to our site.

9. LIABILITY

9.1 In respect of all aspects of our site and our supply of products and any other party (whether or not involved in creating, producing, maintaining or delivering our site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with our site in any way or the Message Features or in connection with the use, inability to use or the results of use of our site, any websites linked to our site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our site or your downloading of any material from our site or any websites linked to our site.

9.2 If you choose to post your location, your intended location or any other such personal information via the Message Features or by any other method on our site you accept that this is entirely at your own risk and we are not responsible for any loss or harm which occurs as a result of your sharing any information about your location or intended location.

9.3 This Section does not in any way limit our liability:

9.3.1 for death or personal injury caused by our negligence;

9.3.2 under section 2(3) of the Consumer Protection Act 1987;

9.3.3 For fraud or fraudulent misrepresentation; or

9.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

9.4 Where you buy any product or service from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

10. REWARD

We may introduce rewards or promotion scheme in conjunction with other companies from time to time in respect of a certain number of our products. The terms and condition for the rewards and promotion will be disclosed at the time the reward or promotion is launched. The rewards and promotion will also be subject to the terms and conditions of the other associates companies as well.

11. YOUR RESPONSIBILITY; DAMAGE LIMITS.

You have sole responsibility for use of the products/services you purchase through this website. In no event shall embibe.com be liable to you in relation to the products/services, or your use, misuse or inability to use the products, for either any - (i) indirect, punitive, special, exemplary, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage); or direct damages in excess of the amount you paid embibe.com for the applicable product.

12. DISCLAIMER

12.1 The products, questions, mock tests and other information and material provided on our site are solely for the purposes of practice and improvement meant for the purposes of taking any of the entrance exams including but not limited JEE _____________.

12.2 We do not guarantee any particular outcome regarding the results of the registered users and/or other users during the entrance exams or any other exam or tests undertaken taken by the said users.

12.3 Our site or Facebook Application may be temporarily unavailable at any point of time due to maintenance, up-gradation or any other reason. We do not claim any responsibility, liability for any omission, error deletion, defect or destruction in user communication. We are not responsible for any malfunction technical or other problem of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion in our site or Facebook application, including injury or damage to your or to any other person's computer, hardware, software or mobile phone as a result from using or downloading materials in connection with our Site and/or Facebook application. We are not responsible or liable for any loss or damage resulting from the use of our Site or Facebook Application or any Content or Third-Party Applications, Software or Content posted on or through our Site or transmitted to users, or any interactions between users of our site, whether online or offline.

12.4 User gives us the right to contact him/her or his/her parents as and when required for the purpose of selling the product, suggesting updates and helping him/her prepare for exams.

12.5 User takes full responsibility for providing personal or academic information and indemnifies the company or any of its associates for any wrong information provided by him/her under the India law.

13. THIRD PARTY'S INTELLECTUAL PROPERTY

13.1 We respect the intellectual property rights of third parties and prohibit our registered users or users to post, publish or display any information or material whatsoever on our site or Facebook Application which may infringe the intellectual property of third parties. When we receive proper written notification of alleged infringement of intellectual property rights of third parties, we will promptly remove the allege infringement information or material from our site or Facebook Application and will terminate the account of the repeated infringers.

13.2 Reference to any services, goods, products or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation or association therewith, by us.

13.3 To maintain good business practices, we have an effective Take Down policy in place, that maybe accessed at https://embibe.com/takedown; In accordance thereto, you are encouraged to bring to our notice, any content that may be available on our website, of which you are the proprietor. We shall respond to the Take Down request as per our policy.

14. THIRD-PARTY WEBSITES AND CONTENT

Our Site or our Facebook application may contain links to other websites ("Third-Party Sites") as well as applications, software, text, marks, graphics, pictures, designs, music, sound, video, articles, photographs, information, and other content or material belonging to or originating from third parties (the "Third-Party Content"). We are not responsible for such Third Party Contents and Third Party Sites. We have not checked or monitored the accuracy or completeness of the said Third Party Contents and Third Party Sites respectively. If you access or install a Third Party Contents you are doing the same at your own risk and you should read and review the respective terms and conditions thereof and our terms and conditions and privacy policies will no longer we applicable in any manner.

15. APPLICABLE LAW AND JURISDICTION

These terms and conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the website whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Bangalore, India for the resolution of all such disputes.

16. LIMITATION OF LIABILITY

Your use of our site is at your own risk. In no event and under no circumstances and under no legal theory, tort, contract, or otherwise shall 'Indiavidual Learning Pvt. Ltd'. be liable, without limitation, for any damages whatsoever, including direct, indirect, incidental, consequential or punitive damages, arising out of any access to or any use of or any inability to access or use this website including any material, information, links, and content accessed through this website or through any linked external website. Note: If you are under the age of 18, it is mandatory that your parent or guardian has read and accepted the terms and conditions mentioned hereinabove on your behalf and by your use of the site it is deemed that you have obtained parental consent for the same. If your parent or guardian has not read and agreed to the terms and conditions, you will not have permission to use our site.