TERMS OF USE- MYCLASSMATE EDUTAINMENT APPLICATION

Disclaimer- This Mobile Application is for general information and use. The content contained herein is based on recommendation made by our experts. However for any accurate advise and/or for advise on any subject concepts, formulas, demonstration of concepts, subject definitions, diagrams and academic quizzes please consult an academic expert. We do not advise, recommend or suggest any career options to our users, for career related guidance please consult with career counsellors. For knowledge trivia and Quizzes, please consult matter experts, sources, publications and research.

MyClassmate edutainment App is operated by Untitled Solution Provider (hereinafter referred to as ‘UntitledSP’) UntitledSP is a partnership firm under the Indian Partnerships Act of 1923 having its principal place of business at No. 14, F3 Regalia, MCN Nagar Extn., Thoraipakkam, Chennai – 600097, Tamil Nadu. The brand/ trademark ‘Classmate’ belongs to ITC Limited and is being used on this App under a specific agreement. ITC Limited is a company within the meaning of Companies Act, 2013, having its registered office at 37, Jawahar Lal Nehru Road, Kolkata – 700 071(.hereinafter referred to as ITC). ITC owns MyClassmate edutainment App and shall retain all intellectual property rights, ownership and proprietary rights and shall have the sole right, title and interest in and over MyClassmate edutainment App. UntitledSP has neither the ownership nor any authority over MyClassmate edutainment App or the trademark ‘Classmate’

This page states the Terms and Conditions under which you (Visitor) may use this MyClassmate edutainment App). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this application. ITC Limited, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and various other statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This is a legal and binding agreement between you, the user (“User” or “You”) of the Services, as defined below, and ITC stating the terms that govern Your use of the App or the Platform, as defined below. By accepting these terms of use in any manner or accessing this application, you consent, agree and undertake to abide, be bound by and adhere to the terms of use and the Privacy Policy accessible at the App, respectively and any other terms which govern the App (together referred to as “Terms of Use” or “Terms” or “Terms and Conditions”) and if you do not agree to these terms of use, you are not entitled to avail of / use the services and any use thereafter shall be unauthorized. You acknowledge and agree that you are “competent/capable”  of contracting within the meaning of the Indian Contract Act, 1872 and you are eligible to use MyClassmate edutainment App. For use of MyClassmate edutainment App by minors; approval, permission and supervision from parents or legal guardian is advisable. You agree and acknowledge that ITC or UntitledSP (including their affiliates, associates, subsidiaries, third party contractors etc.) shall not be held liable for any consequences that arises as a result of unauthorized use of MyClassmate edutainment App or its services by any unauthorised person including a minor. By using MyClassmate edutainment App you warrant that all data or information provided by you is accurate, complete and that you are 18 years of age and above.

Description of Service and Acceptance of Terms of Use

ITC is a company within the meaning of Companies Act, 2013, having its registered office at 37 Jawahar Lal Nehru Road, Kolkata – 700 071  and also having its Education and Stationery Products Business Unit office at ITC Centre, 5th Floor, 760 Anna Salai, Chennai - 600002, (hereinafter referred to as ‘ITC’). ITC inter alia provides an online Application ‘MyClassmate’ as an interactive platform for its users and any associated mobile Apps, applications (“App”) to inter alia read subject concepts, demonstration and formulas, take part in quizzes, explore DIY videos, explore careers and professions, schedule daily calendar and class timetable, convert units, read knowledge snippets and titbits, scan notebook with phone camera for augmentation of notebook cover and any other features, tools, applications, materials, or other services offered from time to time by ITC in connection with its business, provided on the App (“Content”) and includes posting of comments, opinions, ideas, queries, responses on discussion portal and participation in contests (all such features of the App collectively referred to as “Services”). Content will be made available to You through different modes, at the discretion of ITC, including via video on demand basis for using at the User’s discretion at a time chosen by You and download for offline using by You. For the Content that will be made available to You . Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to ITC’s sole discretion and (b) may be dependent upon Your geographical location and (c) is on the condition that not all Content or Services will be available to all users. On account of the nature of the Internet, this App and the Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this App and availing of the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the App and the Services complies with all applicable laws including the local laws in Your jurisdiction. Further, such Services and Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that ITC may monitor or use certain technologies for monitoring of activities including accessing the GPS technology in the mobile to ascertain and verify Your geographical location.

The Service can be availed through platforms, software and devices, which ITC approves from time to time, the current list for which is as set out below (“Compatible System”). In some cases, whether a device is (or remains) a Compatible System may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible System at one time may cease to be Compatible System in the future.

The application works best with:

Android v.4.4 and above iOS 10 and above

Please see details on the App and the particular Content used. Subject to compatibility, You may be able to access the Services including Content through mobile phones, tablets and other IP based connected devices or any Compatible System offered by a partner authorized by ITC (“Partner”).

Use of the Services is subject to compliance with these Terms of Use.

Your access to and use of the Services is subject to these Terms and Conditions, Privacy Policy and all applicable laws, rules, and regulations.

Participation in any contest and or game on the App conducted by ITC or using of certain Content may be subject to further terms and conditions as may be notified by ITC from time to time on the App or otherwise.

Electronic Communications

When You use/avail the Services or send any data, information or communication to ITC, You agree and understand that You are communicating with ITC through electronic media/ records and You consent to receive communications via electronic records from ITC periodically and as and when required. ITC will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with ITC or made available to ITC through a Partner which will be deemed adequate service of notice / electronic record.

You acknowledge that specifically consent to ITC or our respective affiliates contacting you using the contact information you have provided to us at any time during your association with us for any purpose including the following purposes:

To obtain feedback regarding the Service; To contact you for offering new products or services, whether offered by us, or our respective affiliates or partners.

You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by You, including via emails, text messages or phone calls.

In the event You have indicated any ‘do not disturb’ preferences to Your telecom service provider, and registered Yourself on the national customer preference register / ‘do not disturb’ or similar list, We request You to ensure that Your registered preferences allow for communications to be sent to You in accordance with the above provisions.

The Content contained in the Services including but not limited to on the App is protected by copyright, trademark, patent, trade secret and other laws excluding images and other technical diagrams, and shall not be used except as provided in these terms of use.

Access and Use of the Services

ITC grants You a non-exclusive limited, revocable, limited permission to use the Services on the App for personal, non-commercial purposes during the subsistence of Your Account with ITC or Partner for the territory of the world or limited territories as applicable in respect of specified Content and as set forth in these Terms and Conditions.

By agreeing to use/avail the Services:

You confirm and warrant that all the data and information supplied by You when You register (if applicable) and provided by You to ITC and or any ITC’s affiliates, distributors (“Registration Data”) is true, current, complete and accurate in all respects.You agree to promptly update Your Registration Data, so that Your information remains true, current, complete, and accurate at all times. You acknowledge and agree that Your Registration Data and any other personal data collected by ITC is subject to ITC’s MyClassmate App Privacy Policy. For more information, see the full Privacy Policy. ITC may collect information such as occupation, language, pincode, area code, unique device identifier, location, and the time zone where the Services are used and may use these to target advertising and make content recommendations.

You acknowledge, consent and agree that ITC may access, preserve, transfer and disclose Your account information and/or User Material (see below) subject to the Privacy Policy, if required to do so by law to co-operate with mandated government and law enforcement agencies or to any private parties by an order under law for the time being in force to enforce and comply with the law including to various tax authorities upon any demand or request by them or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process and/or any applicable law in the territory; (b) enforce the Terms and Conditions; (c) respond to Your requests for customer service; or (d) protect the rights, property or personal safety of ITC, affiliates, its users and the public.You agree that ITC has the right to temporarily suspend access to the whole or any part of the Services for any technical/operational reason and shall be under no liability to You in such an event. ITC may, but shall not be obliged to, give You as much notice of any interruption of access to the Services as is reasonably practicable. ITC will restore access to the Services as soon as reasonably practicable after temporary suspension. You agree that ITC shall be under no liability whatsoever to You in the event of non-availability of the App or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of ITC.

You acknowledge and agree not to either directly or through the use of any device, software, App, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary right under applicable law.

All logos, brands and marks appearing in this application, except as otherwise noted, are properties either owned, or used under licence, by ITC Limited and / or its associate entities who feature on this application. The use of these properties or any other content on this application, except as provided in these terms and conditions or in the application content, is strictly prohibited.

This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away. You agree that ITC and/or its affiliates or licensors owns and/or retains all rights to the Services throughout the territory of the world in perpetuity. You further agree that the Services are owned or controlled by ITC, its affiliates and or its licensors. The Services are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws. Except as provided in these Terms (or otherwise expressly provided by ITC). You further agree not to use the Services to:

- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; hurts the religious sentiments of others; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory; or

- Harass or harm another person;

- Exploit or endanger a minor;

- Impersonate or attempt to impersonate any person or entity;

- Violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary right;

- Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;

- Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the App, the application for accessing the Content, or the ITC Services;

- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the ITC Services, including ITC’s servers, networks or accounts;

- Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the ITC Services or the Content;

- Delete or revise any information provided by or pertaining to any other user of the ITC Services.

Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the ITC Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the ITC Services or the App;

- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the ITC Services. If You do so, You acknowledge You will have caused substantial harm to ITC, but that the amount of harm would be extremely difficult to measure in which case, ITC retains the right to take appropriate legal recourse;

- Solicit, collect or request any personal information for commercial or unlawful purposes;

- Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without ITC’s prior written consent;

- Use technology or other means to access, index, frame, or link to the App (including the Content) that is not authorized by ITC;

- Access the App/application/Service (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the App and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);

- Use the Services to advertise or promote competing services;

- Use the Services in a manner inconsistent with any and all applicable law;

- Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.

You are responsible for the security and proper use of Your unique user ID and password that You enter while registering on the App or application and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people. You agree that Your use of the Services and the Content may give You the opportunity to us, publish, transmit, submit posts and/or comment in accordance with these Terms and Conditions. You agree that You will not misuse the Content and/or other user material or Services, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of ITC’s/ or its licensor’s copyright, trademark design, patent, and other intellectual property including any rights of ITC or its licensors subsisting in the Content.

In case the App allows You to download or stream any of the Content therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other Application, webpage or software, which may violate/cause damages or injuries to any rights of ITC or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.

Termination of Service

ITC reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if ITC so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms and Conditions, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that ITC can, at its sole discretion, exercise its right in relation to any or all of the above, and that ITC, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same.

User Reviews, Comments and Other Material

You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) only reviews or comments (collectively, “ User Material”). As it concerns User Material, without prejudice to Your obligation to otherwise comply with applicable laws during the course of using the Services, You agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the App or Services.

You agree that ITC shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that ITC may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that ITC reserves the right to investigate and take appropriate legal action against anyone who, in ITC’s sole discretion, violates these Terms, including, but not limited to, terminating their account, terminate, suspend, limit, or use of the Services or access to Content and/or reporting such User Material, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity. In addition to the restrictions set forth above, You must adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/User Material that:

(a) belongs to another person and to which You do not have any right to;

(b) is grossly harmful, harassing, blasphemous, hurts the religious sentiments of others, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

(c) harms minors in any way;

(d) infringes any patent, trademark, design, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonates another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. You also represent and warrant that the Posting of Your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.

You acknowledge that the User Material is not confidential and that You have no expectation of privacy in it.

By posting the User Material, You hereby grant ITC a license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license You grant to ITC is non-exclusive, royalty-free, irrevocable, and sub licensable. Additionally, ITC is free to use any ideas, concepts, know-how, or techniques contained within such User Material for any purpose, including, but not limited to, developing, manufacturing, marketing, and providing commercial products and services, including the Services. ITC’s use of such User Material shall not require any further notice of attribution to You and such use shall be without requirement of any permission from or any payment to You or any other person or entity. You hereby agree and confirm that the provisions of section 19(4) of the Indian Copyright Act, 1957, shall not apply to this license.

In no event does ITC assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against ITC with respect to such User Material.

If You have any complaints relating to any third party User Material or Content uploaded on the App, then please contact: qmat@itc.in Your email, which must bear Your digital signature or a signed written complaint, should include the following information:

Details Of The Objectionable User Material or Content; Details Of The Basis Of The Objection; What Relief Is Being Requested; All Other Relevant Information Required By ITC To Assess The Complaint.

ITC shall on examination of the complaint take all reasonable measures, including taking down the objectionable User Material expeditiously in accordance with applicable law. You agree and acknowledge that ITC’s responsibility in relation to objectionable User Material is limited to removing them post receipt of Your objections in accordance with these Terms of Use and ITC shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever.

Linked Destinations and Third PartyAdvertising

Part of this App/Service contains third party advertising and other material submitted to us by third parties and/or links to third party Apps and third party content. Although display of advertisements on the App on request is subject to our terms and conditions, we expressly disclaim any liability arising out of the usage of these products or services advertised on our App or the (third party) content made available / hosted on the third party Apps. You agree and acknowledge that ITC does not endorse or sponsor such third party Apps, content, advertising or other material. This App may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of ITC, affiliates and/ or its management. All liability in respect of the above is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction applies with respect to contents of this App. While using this Application for information purposes or otherwise, users acknowledge and accept the above disclaimer.

If ITC provides links or pointers to other Applications or destinations, You should not infer or assume that ITC operates, controls, or is otherwise connected with these other Applications or destinations. When You click on a link within the Services, ITC will not warn You that You have left the Services and are subject to the terms and conditions (including privacy policies) of another Application or destination. In some cases, it may be less obvious than others that You have left the Services and reached another Application or destination. Please be careful to read the terms of use and privacy policy of any other Application or destination before You provide any confidential information or engage in any transactions. You should not rely on these Terms and Conditions and/or Privacy Policy to govern Your use of another Application or destination.

ITC is not responsible for the content or practices of any Application or destination other than the App, even if it links to the App and even if the Application or destination is operated by a company affiliated or otherwise connected with ITC. By using the Services, You acknowledge and agree that ITC is not responsible or liable to You for any content or other materials hosted and served from any Application or destination other than the App.

ITC takes no responsibility for third party advertisements or any third party material posted on the App nor does it take any responsibility for the products or services provided by such third party advertisers. Any dealings You have with such third party advertisers found while using the Services are between You and such third party  advertiser, and You agree that ITC is not liable for any loss or claim that You may have against such third party advertiser.

Support

If You have any questions, complaints or claims with respect to the App and/or Services, then such correspondence should be directed to the address as given below.

ITC Ltd.
The contact information –  classmate@itc.in

Disclaimer of Warranties

You agree that use of the Services and the access to the App is at Your own risk. The Services including the App, the Content, the video player, User Material and any other materials contained on or provided through the App are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, ITC does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.

Limitation of Liability

In no case shall ITC, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the services or any content or material thereof or for any other claim related in any way to your access of the app or use of the services or any content or material thereof, including, but not limited to, any errors or omissions in any content or material, or any loss or damage of any kind incurred as a result of the use of the services or any content or material thereof, even if advised of their possibility. Where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, ITC’s liability shall be limited to the extent permitted by law.

Indemnity

You agree to defend, indemnify and hold harmless ITC, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.

Governing Law and Jurisdiction

The relationship between You and ITC shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) ITC has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum and (ii) any proceeding brought by You shall be exclusively before the courts at Chennai, India.

Severability

If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.

Changes

ITC reserves the right, at any time and from time to time, without notice to You, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as “Additional Terms”) will be posted on the Application and will be effective immediately after such posting and thereafter incorporated into these Terms and Conditions . Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Additional Terms.

Survival

You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.

Entire Agreement

These Terms and Conditions and Privacy Policy constitute the entire agreement between You and ITC governing Your use of the Services, superseding any prior agreements between You and ITC regarding such use.