Terms & Conditions
Terms and Conditions
This Terms and Conditions of Use and Access (“T&C”) provides for the terms and conditions to access the online and mobile platform including its products and services any tuition education material, videos, online tests, made available or disseminated or uploaded therein or downloaded therefrom, including all information, tools and any other ancillary applications and services (“Services”) made available on www.edumatica.io (“Website”). For the purpose of T&C, “Mu-Zero”, “Edumatica”, “We”, “Our” or “Us” shall mean Mu-Zero Technologies Private Limited, a private limited company under the Companies Act, 2013, having its office Address: 3rd Floor, Basappa Complex, # 40/1A, Lavelle Road, Bangalore- 560001, India to render Services on the Website with regard to Your (“User” or “You/you” or “Your/your”) requirement.
As used herein, “Users” shall include anyone who uses or accesses the Website/ Services on any computer, mobile phone, tablet, console or other device (collectively, “Device”). The Users also include such persons who are creating User Content (as define in the later clauses) and publishers who publish the education/ study material on the Website. By accessing or using any version of the Website, You signify that You have read, understood and agree to be bound by these T&C, the Privacy Policy of Edumatica and any other applicable law.
1. Change in T&C
Edumatica reserve its right to update/modify/amend these T&C at any time without prior notice. Your access of the Website and use of the Services following any such change constitutes Your agreement to follow and be bound by these T&C, as updated or modified. For this reason, Edumatica encourage You to review these T&C each time You access and use the Services.
2. Representations and Warranties
You represent and warrant that You, as per the applicable laws, are competent and eligible to enter into a legally binding agreement and therefore, You shall be bound by these T&C. In case the Services, are to be used for the minors, a legally competent person should expressly confirm and give its consent on behalf of such minor and that the minor’s use of the Website and/or the Services shall be subject to the T&C.
You further certify, warrant and represent that the telephone numbers and/or email addresses and any other information that You have provided, at the time of registration, are Your own and not someone else’s and are true, accurate, current and complete. You represent that You are permitted to receive calls at each of the telephone/ mobile numbers You have provided to us and emails at each of the email addresses You have provided us.
3. Intellectual Property Rights
All of the content on the Services, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, interface, reports generated, trademarks, trade-names, trade secrets (“IPR”), constitute Edumatica’s and its partners’ intellectual property. Copyright laws in all applicable jurisdictions protect the Services and its content.
User may access the Services, avail the features and facilities for your personal or internal requirements only. User agrees not to duplicate, distribute, create derivative works of, display, or commercially exploit the content, features or facilities, directly or indirectly, except as expressly authorized herein. Also, You shall not attempt to decompile or reverse engineer or reverse compile our technology/ software that is available on the Website or transfer the material to another person or “mirror” the material on any other server.
Edumatica has the sole ownership towards the software and source code associated with the Services and all of the trademarks, copyright and any other intellectual property rights of any nature in the Services.
4. User Account, Password & Security
User agrees and understands that You are required to create an account on the Website to have access to the Services. You are therefore, responsible for maintaining the confidentiality of Your login credentials and Your account and are fully responsible for all the activities that occur under Your password or account. However, in case the User feels that there has been unauthorised use of its account, You agree to: (a) immediately notify Edumatica of any unauthorized use of Your password or account or any other breach of security; and (b) ensure that You exit from your account at the end of each session. You understand that Edumatica cannot and will not be held liable for any loss or damage arising from Your failure.
User agrees and understands that the deletion of the Services from the Device does not constitute termination of the account and agree to undertake the process detailed herein in order to complete de-registration. If User is desirous of having its name and other details removed from the records of Edumatica, immediately upon receiving User’s written request to that effect Edumatica shall remove and/delete all such information.
5. User Consent
Accepting these T&C, implies Your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by You while registering Your user account. You further agree to us contacting You in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Services. Automated messages may be played when the telephone is answered whether by You or someone else. If an agent or representative calls, he or she may also leave a message on Your answering machine, voice mail, or send one via SMS.
You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that You have provided (at the time of registering on the Website or thereafter or for creating a user account) to us are Your own and not someone else’s and are true, accurate, current and complete. You represent that You are permitted to receive calls at each of the telephone/ mobile numbers you have provided to us and emails at each of the email addresses You have provided us. You agree to notify us whenever You stop using a telephone/ mobile number(s) and/or email address(es).
6. User Guidelines
User agrees and understands not to use the Services for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these T&C and our Privacy Policy. User shall not use the Services in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any other server, or interfere with any other party’s use and enjoyment of the Services. User shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks connected to any other server, in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available to your account or through the Services.
The Services are made available to the User on non-exclusive, non-transferable, non-sublicensable and on limited license basis for your own personal and non-commercial use alone and grants you a limited right to temporarily download one copy of the material (information or software) on the Website. You shall not allow third parties to: (i) make and/or distribute copies of the Services or any deliverable generated by the Services; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Services; and/or (iii) create derivative works of the Services.
User agrees and understands that any and all operations emanating from your Device shall be assumed to have been initiated by you.
User agrees and understands shall not copy, reproduce, distribute, or create derivative works or modify the Services Content that is available on the Website. Also, you shall not attempt to decompile or reverse engineer or reverse compile our technology/ software that is available on the Website or transfer the material to another person or “mirror” the material on any other server, including, without limitation, such Java applet, as may be associated with the Website and/ or the Services from time to time.
User shall request Edumatica to block the user account and change the password immediately for the user account, if your Device has been lost or stolen.
User agrees and understands that you are responsible for any and all activities that occur in your Account. You agree to notify Edumatica immediately of any unauthorized use of the user account or any other breach of security. Edumatica shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform Edumatica within a reasonable time, about loss or theft of your Device and/or any unauthorized access in your user account, either with or without your knowledge.
User agrees and understands that You shall be liable for losses incurred by Edumatica or any other party due to a third party’s use of the user account. You shall not use any other person’s account at any time, without the permission of the account holder and Edumatica.
Edumatica shall make all reasonable efforts to ensure that your information is kept confidential. However, Edumatica shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
User agrees and understands that You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by you and Edumatica shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
User understand and acknowledge that upon using the Services, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the Services, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESSES AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
User agrees and understands that You must notify your bank immediately in the event your credit/ debit card is lost, stolen, not received, swallowed at an ATM, or is being misused without your permission. Please refer the detailed instructions received from your bank for additional precautions to be taken in case of loss/ theft/ misuse of your credit/ debit card.
7. Accuracy of materials
The material as part of the Services and as appearing on the Website may could include technical, typographical, or photographic errors. Edumatica does not warrant that any of the material on the Website is accurate, complete or current. Edumatica may make changes to the material available on the Website, however, it is under no obligation to do so.
8. User Content
Edumatica provides that its Users have an option of creating tutorial videos, audio, clips, uploading, displaying, sharing, publishing the content on the Website (“User Content”). Upon publishing or uploading of any User Content on the Website, you represent and warrant to Edumatica that:
You are the owner or the license holder of all copyright in the User Content,
The User Content shall not infringe the intellectual property rights or other rights of any person or entity, including but not limited to copyright, moral rights, trademark, patent or rights of privacy or publicity,
The User Content does not include any harmful or hateful content,
The User Content does not disparage, insult or malign any person, people, races, religion or religious group and does not have any obscene, pornographic, abusive, inflammatory or otherwise sexually oriented or objectionable contents,
The User Content is not contrary to any applicable laws.
You agree and acknowledge that Edumatica has no role or control over and assumes no responsibility whatsoever for, the User Content and by posting such User Content on the Website, you expressly undertake to be personally liable for any and all liability arising therefrom. You also agree and acknowledge that Edumatica has a right to review the User Content but not an obligation to assess if the same is contrary to these T&C and/or any applicable laws. Further, Edumatica may remove any content from the Website and/or block, disable, terminate or suspend the User account in its sole discretion (including in the event a notice is received by Edumatica that such User Content is breaching any intellectual property right of any third party).
Edumatica hereby agree and confirms as follows:
Subject to the provisions of the Privacy Policy, any data received from the Users/ student shall not be shared with any third-party for monetization purposes (including to such persons who are engaged in the business of lead generations) without prior intimation to the relevant User.
The details shared by the Users will be stored in encrypted format.
All User Content remains the property of such User and constitutes the intellectual property of such User alone. Edumatica shall not, in any manner and without the consent of such User share or authorise the replication of such content by any other User provided that in the event that any content that is already available in the public domain and/ or the Website, and by virtue of such availability in public domain, such content may be generated in same or substantially similar form by multiple Users, Edumatica shall not be under an obligation to remove such same or substantially similar content of any other User.
9. Third Party Links, Promotions and Advertisements
All the websites linked to the Website are not verified by Edumatica and inclusion of any link does not imply endorsement by Edumatica and usage/ access of/ to any such linked website is at the user’s own risk.
The Website may from time to time run promotions and advertisements of third parties, products and/or services. Your relationships and business dealings with any such third parties shall be solely matters between you and such third parties.
You acknowledge and agree that Edumatica is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings with such third parties.
10. Force Majeure
Edumatica shall not be liable for failing to perform, or delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by an event substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental authority in its sovereign or contractual capacity (including but not limited to declaration of lockdown), war, terrorism, floods, fire, strikes, epidemics, pandemics, civil unrest or riots, and/or power outage or grid failure.
11. Payments and Refund Policy
The subscription term will end on the expiration date and You cannot cancel it before its expiration. Edumatica will not provide refunds if You decide to stop using the Website during Your subscription term.
12. Indemnification
You agree to protect, defend and indemnify us and hold us and our officers, directors, partners, employees, agents, investors and representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to Your access and use of the Website and/ or the Services in violation of these T&C and/or Your infringement, or infringement by any other user of Your Account, of any intellectual property or other right of anyone.
The terms of this provision will survive any termination or cancellation of these T&C or Your use of the Services.
13. Warranties
The Services and the functions and feature of the Website are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Edumatica shall make reasonable efforts to provide the Services and the functions and features. However, we make no warranty that the Services shall meet Your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
Edumatica shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond its control including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
14. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THE SERVICES, FUNCTIONS AND FEATURES OR FOR INTERRUPTIONS, DELAY, ETC., EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM THE COST OF GETTING SUBSTITUTE FACILITIES ON THE SERVICES, ANY SERVICESS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE FUNCTIONS AND FEATURES, HETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.
15. Confidentiality
You will not disclose any information provided to You including the User list, customers list, name and addresses, ideas, business model, processes, concepts etc. relating to Edumatica or the Website to any third party (“Confidential Information”) that has been disclosed to You or come into Your knowledge during the subscription term.
You acknowledge and agree that the Confidential Information so provided to You shall at all times be the property of Edumatica and any breach of the same shall cause irreparable damage to Edumatica.
16. Severability
If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
17. Termination
Edumatica may block, restrict, disable, suspend or terminate the use of the Services at any time without giving any notice to You in case You are inter alia found to (i) be in breach of the terms of these T&C (including the Privacy Policy); (ii) violate any applicable laws; (iii) be infringing the intellectual property rights of any third party; (iv) be acting in a manner which may result into any claim against Edumatica.
Upon termination, the rights and license granted to You herein shall terminate and You must cease all use of and access to the Services and/ or Website and You must destroy any downloaded materials in Your possession whether in electronic or printed format.
Any termination of Your right to use or access the Website and/ or the Services shall not affect liability incurred by You prior to such termination.
18. Waiver
Any failure on the part of Edumatica to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by Edumatica of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
19. Assignment
You shall not assign or transfer any rights, obligations, or privileges that You have under these T&C, without the prior written consent of Edumatica. Subject to the foregoing, these T&C will be binding on Your legal heirs, successors and permitted assignees. Any assignment or transfer in violation of this clause will be deemed null and void. Edumatica’s rights under the T&C are freely transferable by Edumatica to any third parties without the requirement of intimating You or seeking Your consent.
20. Updates
Edumatica reserves the right to update the Website and/ or the Services, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to You on Your Device for download and installation.
User hereby agree to install the updates from time to time and acknowledge that Edumatica will only be able to provide user account support for the Services if You ensure to install all updates upon receiving notifications thereof when using the Services.
21. Term of T&C
These T&C shall get applicable when You complete the authentication process and create an account and shall remain valid and binding on You for so long as You maintain the account.
22. Governing Law and Jurisdiction
These T&C (and by extension, the Privacy Policy) are governed and construed in accordance with laws of India. By using the Services, You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, India, in the event of any disputes arising out of or in relation to Your access to and use of the Services.
23. Contact Us:
Mu-Zero Technologies Private Limited.
Address: 3rd Floor, Basappa Complex, # 40/1A, Lavelle Road, Bangalore- 560001.
Email: info@edumatica.io
Website: www.edumatica.io
