a) Please read the terms and conditions of use (“TERMS OF USE”) before accessing, using or obtaining any material, educational content, information, products, programmes or services offered on/through/ by Extramarks Education SA (Pty) Ltd. or its partners/affiliates/subsidiaries etc. (“Company/We/Us/Our”) on any (a) Platform, (b) Website (c) Web applications, (d) Mobile applications including iOS or Android platform and/or (e) any other mode of registration (paid or free) or usage of the company’s services through any electronic /storage or transmitting device (hereinafter collectively referred to as the “Applications”).

b) The TERMS OF USE detailed hereunder are applicable on all the Users (“Customer/User/You/Your”) who use/access/browse/view any Applications in any manner detailed hereinabove and the said use/access/browsing/viewing shall signify the User’s acceptance and adherence of the TERMS OF USE and the Company’s Privacy Policy.

c) In case the present TERMS OF USE are not acceptable, please immediately exit the Company’s Applications and do not use any and all Applications offered for use by the Company.

d) In case of any discrepancy between the TERMS OF USE and any other policy of the Company, the provisions of the TERMS OF USE shall prevail and override the same.

TERMS OF USE

1. The Company’s Applications are intended for individual, non-commercial use only and any use of the Applications for any use other than personal use is strictly prohibited. Commercial organizations or other legal entities are strictly debarred from using the Applications for any purpose. Further, broadcasting the Applications through any means, including but not limited to, through the internet, television, handheld devices and other devices, is not permitted and will be considered as a breach of the Intellectual Property Rights (defined hereunder) of the Company. The User is not entitled to disassemble or decompile the contents of the Applications offered on Company’s platform or use it in any manner in contravention of the TERMS OF USE. The Company reserves the right to terminate the subscription of/access to the Company’s Applications without any prior notice and also to initiate legal proceedings, in case of such breach.

2. The Customers can make payment for the use of Applications through mobile or online payment, or debit or credit card. The requested Application will be activated by the Company only on realisation of the amount or successful payment confirmation from the electronic payment gateway.

3. It is expressly clarified that all Intellectual Property Rights including but not limited to Copyright, Patent, Trademarks, trade secrets in the Applications, including but not limited to products, modules, contents, programs, Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website), questions, answers, lessons, other textual material, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, shall continue to vest with the Company at all times. The User shall not have the right to claim any rights over the Intellectual Property in the Application by virtue of them purchasing/subscribing to any such Application. Further, under no circumstances, shall the User acquire the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative work from, transfer or sell any of the Applications after purchasing/subscribing for such Application. The User acknowledges that in the event of breach or threatened breach of this clause, monetary damages may not be an adequate remedy, and therefore, the Company in addition to other rights and remedies shall be entitled to injunctive relief to restrain the User from any such breach, threatened or actual.

4. The Applications thereof’s design and the service marks, and other logos and names are Intellectual Property Rights of the Company. The limited use of access granted herein does not in any manner amount to assignment/license to use the said Intellectual Property Rights. The User agrees not to display or use Intellectual Property Rights of the Company in any manner in contravention of the TERMS OF USE mentioned hereunder.

5. The User is only a licensee authorised to use the said Applications stored on the User’s device for a period not exceeding as activated by the license. On the expiration of this period, the Company reserves its rights to delete/destroy the content on the User’s device unless the subscription is renewed after paying the requisite charges as determined by the Company.

6. The Company reserves the right to make any change or discontinue, temporarily or permanently, its services and/or Applications without prior notice. The User agrees that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services and/or Application thereof.

7. The Customer hereby authorises the Company and/ or its authorised representatives to contact them through email, telephone and SMS. For all intents and purposes, the consent granted herein shall be deemed to have been granted for overriding the registry on Do Not Disturb / Do Not Call list.

8. The Company is entitled to revise the price of its services and/or Applications at any time, at its sole discretion and without any prior notice to the User.

9. It is for the User to assess the utility/ relevance of the Company’s Applications and avail them only after considering his/ her eligibility for the same.

10. The Company’s Applications are being provided to the User on an “as is” and “as available” basis and the Company hereby disclaims all warranties and conditions with respect to the licensed Applications either expressed, implied, or statutory, including, but not limited to the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, non-infringement of third-party rights, compatibility, security and accuracy. No oral or written information or advice given by the Company or its authorised representative shall create a warranty. The Company does not claim that the Applications are up to date, correct and error free or that the Applications are free of viruses or harmful components. Any reliance on the Applications is at User’s own risk. The Company shall not be liable to update or ensure continuity of such information contained on our Applications. The Company would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information.

11. The Company cannot guarantee and does not promise/warrant/assure any specific results from use of the Applications.

12. The User agrees that he shall not solicit or invite other users to share the credits/points/pack/course/anything else that he earns, that accrue to him in his individual capacity; and agrees not to sell the credits/points/pack/course/anything else for any consideration to a third party. In case of a violation of this condition the User shall become liable to pay for the credits/points/course/pack/anything else that he has sold or shared and shall forfeit all his credits/points/course/pack/anything else accumulated and his account shall be terminated.

13. The User agrees to independently verify the authenticity and veracity of any Applications and/or educational content provided through the Company’s Applications and the Company does not take any responsibility as to the authenticity and veracity of such educational content. The User shall not bring any action against the Company for any inaccuracy in any educational content and the Company will not be liable in any such action, if taken, by the User. The Company shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, mobile device virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained in the Applications.

14. The User undertakes to bear the risk associated with the use of internet. In particular, the Company shall not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, spyware, adware or other material which is malicious or technologically harmful that may infect User’s equipment, data or other proprietary material as a result of Your use of the Applications. The User also understands that the Company has tested the Applications on various devices to the best of Company’s resources, but the Company cannot be held responsible in case of any malfunction/ damage on the device of the User due to usage of the Applications.

15. The User further understands that for usage of the Applications, the Company may in its sole discretion provide to the User an account and password after completion of the registration process (i.e. after payment of the requisite fees). In relation to the same, the User hereby undertakes to maintain confidentiality of the password and the account, and shall be held solely responsible for all acts and omissions that occur under his password or account. The Company cannot and will not be liable for any loss or damage arising from the User's failure to comply with the TERMS OF USE herein. The User should always remember to LOG OFF COMPLETELY from the Company’s website/Applications etc. and also change his password often, and be sure to change it to something inconspicuous.

16. The access by the User to the Applications is restricted on the basis of its validity (i.e. the period till which the usage is allowed) and/or the basis of view count to be determined by the Company. The User shall be bound by the reasonable restriction placed herein by the Company.

17. No refund or cancellation is permitted for purchases made through the Company’s Applications.

18. The Company reserves the right to withdraw any and all of its Applications at any time, without any prior notice to the Customer and in the event of such withdrawal the User would be offered an option to opt for an alternate service or for a refund of the amount paid.

19. If at any point of time, the applicable Government increases tax rate applicable on the use of Applications, then amount of extra and additional taxes will be borne by the User from the date of enforcement of such increase in taxes by the Government.

20. This Agreement shall be governed in all respects by the laws of the Republic of South Africa. The User and the Company shall be responsible to bear their respective costs and expenses in relation to any legal proceedings.

21. The User agrees to indemnify and hold the Company, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fee, made by any third party due to or arising out of and including but not limited to, the content that the User submits, posts to or through the Applications, the User’s use of Applications, Users violation of the TERMS OF USE hereunder or violation of any third party right, etc. Under no circumstances will the Company be liable to the User(s) for any indirect, incidental, consequential, special or exemplary damage arising out of or in connection with use of the Applications, whether or not Company has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the Applications, from inability to use the Applications, or from the interruption, suspension, or termination of the Applications (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Further under no circumstances shall the Company be liable to the User for any amount exceeding one thousand rupees

22. If any of these TERMS OF USE should be determined to be invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable

23. The Company does not warrant the performance, compatibility, integrity, merchantability and fitness for a particular purpose of any Service.

24. The Company maintains the rights to synchronize the User’s usage/assessment date/ application error logs for the Company’s Applications onto the Company’s cloud server.

25. The User consents that by subscribing/using the Applications, it expressly allows the Company to improve pedagogy, learning outcomes, predictive learning and to store, use, analyze, distribute, or deal with in any other manner, as the Company deems appropriate, from the information/data captured by the Company through its unique pedagogy of learn, practice and test and from the Customer's usage of Applications as the Company, its associates or any third party as the Company may authorise.

26. The TERMS OF USE constitute the entire agreement between the parties with respect to the subject matter thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject.