Auto Generation Of Tests
Terms & Conditions
INFORMATION ABOUT USE
Welcome to Indiavidual Learning Limited (”Embibe” or “We” or “Us”), a company incorporated under the Companies Act, 1956, operating from its web site being https://www.embibe.com/in-en/ and its related application programming interfaces (API’s), mobile applications and online services (collectively, “Website”).
This Terms of Service is a legal contract between you (“You”) and Embibe regarding your use of the Website. For ease of reference, the visitors and users of the Website are referred to individually as “User” and collectively as “Users”.
PLEASE READ THIS TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE, INCLUDING THE EMBIBE PRIVACY NOTICE (https://www.embibe.com/in-en/privacy-policy/) , THIRD PARTY CONTENT POLICY (include appropriate URL as and when it is made live) AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS” or “TERMS OF SERVICE”).
1. INTRODUCTION
This Terms and Conditions of Use (“Terms of Use”/ “Terms”) is a legal contract between Indiavidual Learning Limited (”Embibe” or “We” or “Us”), a company incorporated under the Companies Act, 1956, and (“You” or “you”), a User (as defined below) of the Embibe website being https://www.embibe.com/in-en/ and its related application programming interfaces (API’s), mobile applications, Embibe Services (as defined below) and any other product and services that Embibe may provide now or in the future (collectively “Platform”). These Terms of Use govern your use of the Platform through any mode of computers, tablets, mobile or any other storage/transmitting device.
Embibe is an EdTech platform that improves learning outcomes. By registering for, accessing, browsing, or using the website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including the Embibe Privacy Policy (www://www.embibe.com/in-en/privacy-policy/) .If you do not agree with these Terms of Use and Privacy Policy, then please do not use the Platform or avail the Services.
The Terms are an electronic record in terms of the Information Technology Act, 2000 (as amended / re-enacted) (“IT Act”) and rules thereunder and is published in accordance with the provisions of Rule 3 (1) of Information Technology (Intermediaries Guidelines and Digital Media Ethics code) Rules, 2021, which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of Application. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2. ELIGIBILITY TO USE THE PLATFORM
You must be legally competent and should have at least attained the age of majority in your country / state of residence for entering into a binding contract. If you are a Minor in your country / state of residence, i.e. under the age of 18 years in India or such age group which is considered a Minor in your country / state of residence, you are not eligible to utilize or register for the Platform. If you wish to use our Platform, such use shall be made available to you by your legal guardian or parents. The parent or legal guardian agree to be bound by these Terms of Use in respect of your child’s use of the Platform. In the event a Minor utilizes or registers to the Platform, We will assume 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. We will not be responsible for any consequence that may arise as a result of a Minor’s usage or registering to the Platform or any of the Services.
If you are a school/ educational institution or a buyer, you agree, on behalf of your school/ educational institution, that the User is bound by the Terms of Use, unless you, your school /educational institution has a separate written service agreement with Embibe that accepts these Terms on behalf of you, school/ educational institution.
You represent and warrant that You are in compliance with all Applicable Laws when you access and use the Platform. You agree to use the Platform only in compliance with these Terms of Use and Applicable Laws, and in a manner that does not violate legal rights of Embibe or those of any third party(ies).
3. MODIFICATIONS
3.1 “Modifications of the Terms:” We may update these Terms of Use from time to time to reflect new practices or technologies that impact use of the Platform. The date of the last revision or update appears at the top under the title. Please read this Terms of Use carefully. Embibe reserves the right to change the Terms under which the Embibe Services are offered, including but not limited to the charges, if any, associated with the use of the Embibe Services. The Terms may be further modified based on changes in the business, legal and regulatory requirements and will be updated online. We will notify you whenever any change to the Terms and Conditions are made. You are encouraged to periodically visit this page to review these Terms and any changes to it.
3.2 “Modification of Embibe Services:” Embibe reserves the right to add, modify or delete any content or features available in the Embibe Services at any time at its sole discretion.
4. DEFINITIONS
4.1 “Applicable Law” shall mean all applicable Indian laws, by-laws, rules, regulations, orders ordinances, protocols, codes, guidelines, policies, notices, directions, judgments, decrees or other requirements or official directive of any governmental authority or person acting under the authority of any governmental authority of India;
4.2 “Content” shall include (but is not limited to) any data, content, images, videos, location data or other materials or information of any type that is available through the Platform and shall include Free Content;
4.3 “Intellectual Property Rights” shall mean registered and unregistered rights in all forms of intellectual property subsisting under the laws of India and all analogous rights subsisting under the laws of other jurisdictions and shall include any legally protectable product or process of the human intellect whether registrable as patents, trademarks, copyrights, designs or otherwise such as an invention, expression or literary creation, unique name, trade secret, business method, database, industrial process, computer program, source code, process or presentation, visual interfaces, graphics, design, compilation, information. content, educational videos and exercises;
4.4 “Embibe Data” shall mean any and all information relating to the User provided to the Platform by the User at his sole discretion in order to use the Platform;
4.5 “Embibe Services” shall mean and include the services provided by Embibe:
Through its website: https://www.embibe.com/in-en/;
For individuals such as Rank-up(https://seed.embibe.com/rankup), Jump (https://seed.embibe.com/jump) , Study (https://seed.embibe.com/study) To teachers or any other institute by the use of, including but not limited to, Embibe’s product at (https://seed.embibe.com/institute) ;
Any buyer to buyer service rendered by the use of Embibe’s API.
And any other service which may be offered by Embibe to its users in the future.
4.6 “Free Content” mean any Content available for free to you through the Platform.
4.7 “User Content” shall mean Content that you upload, share or transmit to, through or in connection with the Platform, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile; and
4.8 “User/ Users” shall mean teachers, educational institutes, students, or any person that uses or visits the Platform.
5. USER ACCOUNT, PASSWORD AND SECURITY
If you wish to access our Platform, then you will be asked to create an account. In order to create an account with the Platform you will be required to select a username and password and provide us with certain information. This information will be collected, stored, and processed in accordance with our Privacy Policy https://www.embibe.com/in-en/privacy-policy/
If permitted by Embibe, you may also register to the Platform using your existing accounts with Facebook, Google or any other account integrated by Embibe and their respective log-in credentials.
You must provide accurate, correct and complete registration information at the time of account set up and post account set up. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Embibe immediately by sending an email to ([email protected]) .
You agree that you are eligible to create and use only one account with one User name. You are not permitted to register or create an account on behalf of any entity other than yourself.
You agree not to register and use an account with an identity that is fraudulent or use the account of another User without the written permission of the User.
You shall ensure that you exit from your account at the end of each session.
You are solely responsible for maintaining the confidentiality of your account and password, and for all the activities that occur in relation to your account or password.
You can delete/unregister your account anytime by submitting a request to ([email protected]) . Embibe may require additional information from the User in order to enable us to verify your account before the deletion of your account.
6. USER CONTENT
permitted by Embibe. By posting, submitting or transmitting User Content in the Platform other than information submitted for registration you grant to Embibe a worldwide, non-exclusive, royalty free, transferable fully paid, license to copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute User Content, in or through any medium now known or hereafter invented, for any purpose.
By posting, submitting, or transmitting User Content using our Platform you permit Embibe the right to store that information with us, and to use such User Content for posting, maintenance and marketing. You agree and understand that you must evaluate the submission of such User Content to the Platform and will ensure that the User Content does not infringe the rights of others. You hereby agree that you shall, defend, and hold harmless Embibe for all claims resulting from User Content provided by the User to Embibe.
You agree that Embibe has the right to reject, remove, edit, and move or prevent access to any User Content provided by the User to Embibe. However, the obligation to mention the accuracy and correctness of the User Content remains with you.
You acknowledge and agree that neither Embibe nor any third party service providers are responsible for the Content of any material submitted, transmitted or posted by any User of the Platform.
You agree that you will not upload on the Embibe Services, any Content that is contrary to the Terms and the Embibe’s content guidelines, the Privacy Policy, or any other policy of Company, as updated from time to time, or that is contrary to applicable laws and regulations. If any such Content is uploaded on the Embibe Services and in your account in any manner and for any reason whatsoever, you shall ensure that such Content is deleted from the Embibe Services and your account immediately.
7. CONTENT POSTED ON THE PLATFORM
You understand that any material, Content and its arrangements that appear as “Embibe content” or “Embibe Content” are owned by or licensed to Embibe, subject to copyright or other Intellectual Property Rights held by third parties. Accessing or using Platform does not give you ownership of any Intellectual Property Rights of Embibe
The Content posted in the Platform is made available to you solely for academic purposes and for such other purpose as may be expressly permitted by Embibe.
You are not permitted to download, copy, photoshoot or circulate any part or portion of the Content offered on the Platform.
8. FREE CONTENT
The User may be provided with certain Free Content upon registering to the Platform. Such Free Content is provided at the discretion of Embibe and can be modified into a paid subscription any point of time after notification to the user.
9. EMBIBE LICENSE GRANT
Subject to the terms and conditions of this Terms of Use, Embibe grants you a personal, limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access the Platform. Except for this limited grant of access and use under these Terms of Use, we do not grant you any other right to the Platform.
As a condition for your use of the Platform you hereby represent and warrant that you shall not use any kind of measures, mechanisms or tools (software or hardware) that could interfere with the functioning of the Platform or any of Embibe Services.
10. RESTRICTIONS
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles and You agree not to:
10.1 defeat, damage or interfere with any security feature of our Platform, nor attempt to do so.
10.2 cheat, use any deceptive methods or otherwise evade or violate the rules or intended operation of any software, nor attempt to do so.
10.3 alter or modify any Content of our Platform, other than information or User Content you have submitted or posted through the Platform.
10.4 reproduce, duplicate, copy, sell, trade, or exploit, for any commercial purpose, any Content or component of or any access to the Platform, without the prior written permission of Embibe, except for User Content or registration information you have submitted or posted through the Platform.
10.5 use or attempt to use any automated system, software, or device to generate and send communications to or through the Platform nor will you annoy or harass any person through or in connection with the use of the Platform.
10.6 use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Platform other than the search engine and search agents available on the Platform.
10.7 upload, post, transmit, share or otherwise make available through the Platform any illegal material, or any material that contains software viruses or any other computer code designed to interfere with the functionality of any computer software or hardware or telecommunications equipment.
10.8 upload, transmit, or post any material that is obscene, sexually explicit, hateful, intimidating or threatening, or that violates the rights of Embibe or of any third party.
10.9 use the Platform to upload, modify, publish, post, transmit, or share material that is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy
10.10 including bodily privacy, insulting or harassing on the basis of gender, libellous,
10.11 racially or ethnically objectionable, relating or encouraging money laundering or
10.12 gambling, or otherwise inconsistent with or contrary to the laws in force.
10.13 use our Platform to post, transmit, or share material that you did not create or that you do not have permission to use.
10.14 use the Platform for any commercial use as the Platform is intended for personal, non-commercial use only except with our prior written permission.
10.15 copy or distribute in any manner, any proprietary information for any commercial or business use, except with our prior written permission.
10.16 modify, edit or change or otherwise make any derivative work of the paper or digital copies of any materials You have printed off or downloaded in any way.
10.17 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Platform.
10.18 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by Applicable Law.
10.19 interfere with or damage operation of the Platform, upload or otherwise disseminate viruses, adware, spyware, worms, or other malicious code intended to interrupt, destroy or limit the functionality of any computer resource.
10.20 not to upload, modify, publish, transmit, store, update or share any information that, — is harmful to child
10.21 violates any law for the time being in force;
10.22 deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
10.23 impersonates another person;
10.24 threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
10.25 is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
11. LIABILITY DISCLAIMER
11.1 EMBIBE AND/OR ITS RESPECTIVE AFFILIATES MAKES NO REPRESENTATIONS ABOUT THE COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE AND EMBIBE SERVICES CONTAINED ON THE APPLICATION FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND EMBIBE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EMBIBE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, AND EMBIBE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
11.2 YOU SPECIFICALLY AGREE THAT EMBIBE SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM.
11.3 YOU SPECIFICALLY AGREE THAT EMBIBE IS NOT RESPONSIBLE OR LIABLE FOR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT EMBIBE IS NOT RESPONSIBLE FOR ANY SERVICES SENT USING AND/OR INCLUDED IN THE APPLICATION BY ANY THIRD PARTY.
11.4 EMBIBE DOES NOT GUARANTEE COMPATIBILITY WITH ALL OPERATING SYSTEMS, SMART PHONES, NETWORKS, INCLUDING ALL VERSIONS OF THEM. THE USE OF THE SMART PHONE, SITE, AND SOFTWARE, AND AUTOMATIC UPGRADES OF THE SOFTWARE, MAY REQUIRE UPGRADES TO COMPUTER OR SMART PHONE OPERATING SYSTEMS, NETWORKS, AND APPLICATION SOFTWARE.
11.5 ANY REQUIREMENTS FOR THE FUNCTIONING OF THE PLATFORM ON YOUR PHONE OR DEVICE, SUCH AS SUFFICIENT BATTERY BACK UP, INTERNET NETWORK STRENGTH ETC. IS YOUR SOLE RESPONSIBILITY.
11.6 IN NO EVENT SHALL EMBIBE AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OR IN RELATION TO THE PROVISION OF OR FAILURE TO PROVIDE EMBIBE SERVICES, OR FOR ANY INFORMATION, SOFTWARE AND EMBIBE SERVICES OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EMBIBE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
11.7 YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE CONTENT AVAILABLE IN THE PLATFORM IS FOR EDUCATIONAL INFORMATION PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR YOUR ACADEMIC CURRICULUM. EMBIBE AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE PLATFORM MAKE NO WARRANTY OF ANY KIND CONCERNING THE CONTENT OR ANY OUTCOME AND/OR THE RESULTS OF THE ENTRANCE EXAMS OR ANY OTHER EXAM TAKEN BY YOU INCLUDING BUT NOT LIMITED TO THE MOCK TESTS, QUESTIONS, PRODUCTS, INTERACTIVE SESSIONS AND ANY OTHER INFORMATION PROVIDED ON THE PLATFORM. WHILE EVERY EFFORT IS MADE IN PREPARATION OF EDUCATIONAL MATERIAL INTENDED FOR ITS USERS, EMBIBE AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES ARE NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR STATEMENTS ON THE PLATFORM OR ANY WEBSITE WITH WHICH THESE PAGES CONNECT WITH.
12. SPONSORS, ADVERTISERS AND THIRD PARIES
The Platform may contain links to other web sites/applications (“Linked Sites”). The Linked Sites are not under the control of Embibe and Embibe is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. The inclusion of any link does not imply endorsement by Embibe of the site or any association with its operators. Any dealings with third parties (including advertisers) included within or available via a link from the Platform or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Embibe shall not be responsible or liable for any part of any such dealings or promotions.
You acknowledge and agree that the use of any Linked Sites is governed by such third party’s terms of use, license agreement, privacy policy, or other such agreement. EMBIBE DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD PARTY. EMBIBE EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO YOUR PERSONAL OR OTHER INFORMATION THAT MAY BE COLLECTED, PROCESSED, SHARED OR RETAINED BY ANY THIRD PARTY
13. INTEGRATED SERVICE
We permit You to access the Platform, or other platforms on the internet or via associated user accounts such as but not limited to Embibe’s Facebook Account (https://www.facebook.com/embibe.me/ ) (“Integrated Service”). By registering for the Platform using (or otherwise granting access to) an Integrated Service, you agree that We may access your Integrated Service’s account information, and You agree to any and all terms and conditions of the Integrated Service regarding your access or use of the Platform, or the mobile application platform or other platforms on the internet as the case may be via the Integrated Service. You agree that any Integrated Service is a Reference Site, i.e. an integrated service account and You are solely responsible for your interactions with the Integrated Service as a result of accessing or using the Platform, or the mobile application platform or other platforms on the internet as the case may be through the Integrated Service. The Terms do not apply, replace or supersede the terms and conditions of use or the privacy policy of the Integrated Service. Please be advised that any affiliated service account such as Facebook, Google, etc. shall be construed into the definition of “Integrated Service” even if the same has not been specifically mentioned herein.
14. INDEMNIFICATION
To the maximum extent permitted by Applicable Law, you agree to defend, indemnify and hold Embibe and its affiliates, subsidiaries, directors, agents and employees, and third parties associated with the Platform harmless against any damages, costs and expenses, including reasonable attorneys’ fees, arising out of or related to your breach or violation of these Terms of Use.
15. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
We respect the Intellectual Property Rights of others and You agree to protect Embibe Intellectual Proprietary Rights and the intellectual proprietary rights of all others having rights in the Platform during and after the term of this Terms of Use. We restrict Users from uploading, posting or otherwise transmitting materials that violate the Intellectual Property Rights of third parties.
When we receive notification of alleged copyright complaints that do not comply with the Copyright Right Act, 1957, we shall endeavor to promptly remove or disable access to the illegal infringing material. We may also terminate the accounts of the infringers.
If you are a copyright owner or an agent thereof and you believe that any content on the Platform that infringes upon your copyrights, you may submit a notice to us located at ([email protected])
16. TERMINATION
Embibe may, in its sole discretion, immediately terminate, limit or suspend your account, delete your registration, other information, or User Content, and/or prohibit you from using or accessing the Platform without any notice, if you have violated any of the provisions in this Terms of Use.
If you wish to terminate your account on your mobile device, you may do so by removing the application from your device and following the instructions on the application or through the Platform.
Upon termination of the Terms by you, your account status will be reflected as “Inactive”. Such termination is only reflected upon a written intimation by the User to Embibe. On termination, you lose the right to access or use the Platform.
17. REPRESENTATION AND WARRANTIES
You represent, warrant and indemnify that You have the necessary right, license, authorization or permission to post, upload or publish any video, image, text, software, information or any content on the Platform through the Message Feature. The Message Feature, means and includes, a ‘pop-up’ featured on Embibe’s Platform to provide support to any user, whether a registered user or an unregistered user. You hereby agree that by posting, uploading or publishing the same on our Platform, You have authorized Us to use the same without any restrictions.
18. PAYMENT
Embibe may determine subscription plans which shall allow access to the Platform and usage of the Services. These subscription plans may be available on the Platform from time to time. You are responsible for any taxes, including goods and services tax, resulting from your use of the Platform. All fees are non-refundable.
On non-payment of subscription fees, Embibe reserves its right to terminate your access to the Platform.
19. PLATFORM INFORMATION
This Platform does not sell or rent the User information to any third party. You hereby acknowledge that when you use the Platform, We may collect certain information from you like. Such collection of information shall be in accordance with our Privacy Policy available on the Platform.
20. COMPLAINTS AND GRIEVANCES
You understand that by using this Platform or any materials provided in the Platform, you may encounter Platform Content that may be deemed by some to be offensive, indecent, or objectionable, which Platform Content may or may not be identified as such. You agree to use the Platform and any related materials or services at your sole risk and that we will have no liability to you for the Content that may be deemed offensive, indecent, or objectionable. All complaints should be sent by email at ([email protected]) or write to us at the following address:
Attn: Legal Team
First Floor, No.150, Towers B, Diamond District, Old Airport Road, Kodihalli, Bangalore – 560008, Karnataka, India
Or
You may forward your request/ complaints to Grievance Officer.
Name: Sneh Malhotra
Contact E-mail: ([email protected])
21. CONTACT US
If you have any questions concerning the Terms of Use please contact us at ([email protected]) .
22. CONSENT FOR RECEIPT OF PHONE CALLS, SMSS AND/OR E-MAILS:
Your registration on the Platform shall be deemed to be your consent to be contacted by Embibe, (i) on the mobile number shared by you (ii) by way of SMS or email notifications or messages in any other electronic form (iii) Chat Support tools; (iv) Facebook Messenger, Twitter, Instagram, or any other social media network; (v) WhatsApp, Telegram, Viber and any other such messaging modes. You agree and acknowledge that at no times shall Embibe be liable for contacting you through any of the mediums stated above.
23. CHARGES FOR ACCESSING THE PLATFORM
In order to sign up or access the Platform, you may incur standard network charges which shall be borne by you. You may incur additional data charges from the User’s network operator as per the terms and conditions of the network operator. Such charges at no times shall be borne by Embibe.
24. MISCELLANEOUS
24.1 Governing Law and Jurisdiction: These Terms of Use is governed by the laws of India. Any claim related to any dispute arising as a result of the Platform or under these Terms of Use will be made before a court of competent jurisdiction located in Bengaluru, Karnataka. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Use or use of the Platform must be filed within one year after such claim or cause of action arose or be forever barred.
24.2 No Partnership: You agree that no joint venture, partnership, employment, or agency relationship exists between You or other parties and Embibe as a result of these Terms or your access to or use of the Platform.
24.3 Headings: Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.
24.4 Severability: If any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable.
24.5 Force Majeure: Embibe shall be under no liability whatsoever in the event of non-availability of any portion of the Application or subscribed content occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, pandemic, epidemic, lockdown, flood, fire, failure of any public utility, manmade disaster, infrastructure failure or any other cause whatsoever beyond the control of Embibe.
24.5 Waiver: The failure of Embibe to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Embibe rights with respect to such breach or any subsequent breaches.
24.6 Survival: The obligations under the provisions of section 11, 14 and 15, will survive any expiration or termination of this Terms of Use.
24.7 Entire Agreement: These Terms of Use and the Privacy Policy on the Platform constitute the entire agreement between you and Embibe and govern your use of the Platform, superseding any prior agreements between you and Embibe.
25. TAKE DOWN POLICY
Embibe respects the legitimate rights of copyright owners and has adopted an efficient and take down procedure as described herein. This policy is intended to guide and encourage copyright owners in utilizing that procedure.
Embibe has posted various videos on the Platform which are freely available on various other media platforms. We understand that the videos have been uploaded on these media platforms by owners with the motive of further dissemination. Source code of such video has been provided by the owners for third party use, including Embibe. Embibe does not claim copyrights in the said videos.
Embibe abides by The Copyright Act, 1957 / The Copyright Rules, 2013 and The Information Technology Act, 2000, and Rules framed thereunder and their subsequent amendments. As part of this, Embibe shall endeavor to respond to written notifications of alleged infringement by legitimate copyright owners by removing or disabling access to alleged infringing material residing on our Platform.
To submit a copyright infringement notification, please write to Indiavidual Learning Limited, First Floor, No.150, Towers B, Diamond District, Old Airport Road, Kodihalli, Bangalore – 560008, Karnataka, India or send an email to ([email protected]) by providing the following –
1. Identification of the copyrighted work that you claim has been infringed
2. Identification of the specific material / Content that is alleged as infringing and information sufficient for Embibe to locate (by providing a URL, etc.) the material / Content.
3. A Statement that you believe, in good faith, that the use of the Platform is not authorised by the Copyright owner, its agent or by law.
4. If you are not a copyright owner, a description of your relationship with the copyright owner.
5. A physical signature or electronic signature of a person authorised to act on behalf of the copyright owner.
6. Your contact information, including your name, address and telephone number.
7. A statement that the information in the notification is accurate and true to the best of your knowledge and that you are the copyright owner or are authorised to act on behalf of the copyright owner.
