Terms & Conditions (T&C)
End-User License Agreement (EULA)
Please read this End-User License Agreement (“EULA” Or Terms & Conditions) carefully before downloading or using the mobile application (“aAHARAN”) of aAHARAN EduSMART Pvt. Ltd., which allows You to access aAHARAN’s internet-delivered service (“Subscription Service”) from Your mobile device. This EULA forms a binding legal agreement between you (“You” or “Your”) and aAHARAN EduSMART Pvt. Ltd. (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App. Your use of the Mobile App is subject to this EULA and Your use of the Subscription Service will remain subject to the existing agreement governing such use (the “Subscription Agreement”). With respect to the use of the Mobile App, and to the extent the Subscription Agreement conflicts with this EULA, the terms of this EULA will govern and control solely with respect to use of the Mobile App.
This EULA is an electronic record under Information Technology Act, 2000 and the rules there under as applicable and as amended time to time pertaining to electronic records under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. This is a binding agreement between aAHARAN EduSMART Pvt. Ltd and you.
BY DOWNLOADING THIS APPLICATION OR CLICKING ON THE “I ACCEPT” BUTTON OR USING THIS APPLICATION, OR OTHERWISE HAVING ACCESS TO, RECEIVING, AND/OR USING THE APPLICATION, YOU HEREBY CONFIRM TO HAVE READ, UNDERSTOOD AND AGREE TO BE GOVERNED AND BOUND BY, THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THE EULA, PLEASE DO NOT CLICK THE “I ACCEPT” BUTTON OR DOWNLOAD OR INSTALL THE APPLICATION AND USE.
- LICENSE: The Application is owned by aAHARAN EduSMART Private Limited. Subject to your strict and full compliance with the EULA, aAHARAN grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your personal learning purposes only. As a condition of your use of the Application, you warrant to the Company that you will not use the Application for any purpose that is unlawful or prohibited by this EULA. You may not use the Application in any manner which could damage, disable, overburden or impair the Services.
- In order to access the Application, you will be required to download and install the Application on your smartphone powered by Android.
- YOUR ACCOUNT: Your use of the Mobile App requires that You have an account with aAHARAN and agree to the terms of the Subscription Agreement.
- You promise to provide us with accurate, complete, and updated registration information about yourself, where ever necessary. You are restricted to transfer your account to anyone else without our prior written permission. You agree that the information entered by you while profile creation/updation or using any of Services is true, current, complete and accurate in all respects. The Company is not responsible for any losses arising out of discrepancy in your data. You are solely responsible for maintaining confidentiality and security of your user account and for all activities that occur on or through your user account. The Company is not responsible for any losses arising out of the
unauthorized use of your user account.
- USE RESTRICTION: You must not access the Application if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Services under the laws of India.
- “CONTENT” shall include all visual works, including all Video Tutorials, Study Materials, MCQ’s, Last Minute Suggestions, Texts, Photographs, Stickers etc., made available to you through the Application. The Content is owned by the Company or by third party content providers and licensed to the Company. Subject to your strict and full compliance with the EULA, the Company, hereby grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the Content for your private and personal use through your Device.
- CHANGES/MODIFICATIONS OF T&C TO THIS EULA: The Company reserves the right to change the EULA under which the Services are offered, including but not limited to the charges, if any, associated with the use of the Services. This EULA may be further modified based on changes in the business, legal and regulatory requirements and will be updated online. We will make all efforts to communicate any significant changes to this EULA to you. You are encouraged to periodically visit our website www.aaharan.com to review the updates on EULA or any changes to it.
- MODIFICATION OF SERVICES: The Company reserves the right to add, modify or delete any content or features available in the Services at any time at its sole discretion.
- The Services offered by the Application are intended solely for the purpose of learning and communication with you and such other services mentioned under Services. Unless otherwise specified, the Application is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, or Services obtained from the Application.
- UPDATES: You may need to install updates to the Application or related software that we introduce from time to time to use of the Application. Services originating from the Application may communicate with the servers from time to time to check for available updates to the Services and to the functionality of the Application, such as bug fixes, patches, enhanced functions, missing plugins and new versions (collectively, “Updates”). Your use of the Services you have installed requires that you have agreed to receive such automatically requested Updates. The terms of this EULA will govern any Upgrades, updates, modifications or enhancements to the Application.
- ACCEPTABLE USE: You agree that You will not use or encourage others to use the Mobile App or the Subscription Service as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App or the Subscription Service. Your use of the Subscription Service and the Mobile App is governed by the Acceptable Use Policy. You also agree not to violate the usage limits or controls set forth by Google Play Terms of Service for Android users accessing the Mobile App on an Android product.
- PRIVACY: In order to operate and provide the Subscription Service and the Mobile App, aAHARAN may collect certain information about You to your use of the Mobile App. We use third-party service providers to help us collect and analyze this data, including Google Analytics. aAHARAN uses and protects that information in accordance with the aAHARAN’s Privacy Notice.
- CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION: By downloading the Mobile App, You authorize aAHARAN to send You (including via email and push notifications) information regarding the Subscription Service and the Mobile App, such as: (a) notices about Your use of the Subscription Service and the Mobile App, including notices of violations of use; (b) updates to the Subscription Service and Mobile App and new features or products; and (c) promotional information and materials regarding aAHARAN’s services. You can review Your account notification settings and preferences.
- NO WARRANTY: Your use of the mobile app is at your sole risk. The mobile app is provided on an “as is” and “as available” basis. Aaharan EduSMART Pvt. Ltd. Expressly disclaims all warranties of any kind, whether express or implied.
- SUSPENSION AND TERMINATION OF THE MOBILE APP: AAHARAN EDUSMART PVT. LTD. RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCESS TO THE MOBILE APP AT ANY TIME BASED ON THE STATUS OF YOUR ACCOUNT. YOU UNDERSTAND THAT IF YOUR ACCOUNT IS SUSPENDED OR TERMINATED, YOU MAY NO LONGER HAVE ACCESS TO THE CONTENT THAT IS STORED WITHIN THE SUBSCRIPTION SERVICE. The Company reserves the right to blacklist, disable and terminate that user from further using the Application or its Services. If the Company disables access to your account in accordance with the EULA (for example if you violate any applicable terms), you may be prevented from accessing the Application, your account details and/or any files and/or other Services that is stored with your account. The Company reserves the right, at its sole discretion, to terminate your access to any or all Services of the App and the related Services or any portion thereof at any time, without notice.
- INTELLECTUAL PROPERTY RIGHTS: aAHARAN EduSMART Pvt. Ltd. reserves Intellectual Property Rights of all contents/ materials available on its mobile app. Therefore, aAHARAN EduSMART Pvt. Ltd. will be authorized for the investigation, settlement and any such intellectual property infringement claim against you.
- The Application may contain links to or feeds from other web sites/applications (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company 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 the Company 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 Application 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. The Company shall not be responsible or liable for any part of any such dealings or promotions.
THIRD-PARTY FEES: You may incur access or data fees from third parties (such
as your internet provider or mobile carrier) in connection with your use of Services and of Application. You are solely responsible for all such fees. In other words, the Company is not responsible for such fees, availability or unavailability of any third-party services and any corresponding loss of Services.
- GOVERNING LAW: This EULA shall be governed by and construed in accordance with the laws governing Your Subscription Agreement. All disputes shall be governed under the laws of India and are subject to the jurisdiction of the COURTS OF TRIPURA only.
If you have questions or concerns about this policy, please contact at email@example.com
Last Updated January 2019