Terms of Use

The website, mobile application(s), SD cards, tablets or other storage/transmitting device associated with the URL www.dontmemorise.com  (“Website”) is a Platform operated by Rankguru Technology Solutions Private Limited (“Company”). Company makes available the Platform and Services to you on the condition that you abide by these Terms of Use. The Services (as defined below) give you the ability to access and usage of online educational courses and other content on the Platform. Company may, in its sole discretion, change any aspect of the Services or discontinue any of the Services without notice.

These Terms of Use ( “Terms Of Use”) constitute a binding legal agreement between you (either as an individual or entity as applicable) and Company for accessing and using the SD cards, Platform and Services made available through the Platform, as also the licensed mobile application for accessing the Website and may include associated SD cards, tablets or other storage/transmitting device, media, and online or electronic documentation (the “Application”). The Website and Application are hereinafter collectively referred to as “Platform”.

By accessing, installing, copying or otherwise using the Platform or any of its components, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not access or install the Platform. The Application is intended to enable access to the Platform through a device solely in accordance with these Terms of Use.

Access to any part of the Platform or any Content downloaded from the  Platform is purely contingent on your acceptance of and compliance with these Terms of Use. Additionally, on the basis of the relevant Services availed by you, certain product specific terms and conditions may apply.

The Company may change these Terms of Use from time to time at its sole discretion without providing any notice to you. Your continued access or usage of the Platform following any modification of the Terms of Use shall indicate your acceptance of any modification to the Terms of Use.  You may object to the modification to the Terms of Use by terminating your account or no longer accessing or using the Platform. By accessing or using the Platform, you agree to be bound by the Terms of Use. Company reserves the right, at its sole discretion, to terminate or suspend your access or use of the Platform if you violate any of the Terms of Use.

The Company shall have the right to monitor the download and usage of the SD cards, Platform, products, or Services, and the contents thereof by you to analyse your usage of the SD cards, Platform, products, or Services, revise or update the content on the SD cards, Platform, products, or Services, or discuss the same with the you to enable effective and efficient usage of the SD cards, Platform, products, or Services.

Consent to receive Commercial Communications. I hereby consent to be contacted by the Company and its employees, officers, suppliers, agents, subcontractors, and representatives for commercial communications with respect to advertising, promoting, marketing, or selling its products and Services, including without limitation, receiving commercial communications and being contacted by way of phone call, SMS, internet text messages, IVR, internet telephony or any other mode of communication. I acknowledge and agree that this consent will override any registration for Do Not Call (DNC) or National Do Not Call (NDNC) registry.

By accepting these Terms of Use, you hereby consent to receiving communications from the Company, including without limitation, alerts, promotional offers, newsletter, tips and advice via phone call, internet telephony, SMS, internet text messaging, interactive voice response (IVR) calls, robotic calls etc.

This document is an electronic record published in accordance with the provisions of The Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the website and being generated by a computer system, it does not require any physical or digital signatures.

1. Eligibility. You hereby represent and warrant that (a) you are competent to enter into a valid binding contract in accordance with the applicable laws; (b) you have the requisite rights to enter into this agreement. If you are entering into this agreement on behalf of any other person, you have the requisite legal authority and consent of the person on whose behalf you are entering into this agreement. However, if you are a minor, i.e. under the age of 18 years, you may access the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Company reserves the right, at its sole discretion, to terminate your access to the Platform at any time without any notice if it determines that you are a minor; and (c) you shall access the Platform strictly in accordance with these Terms of Use.

2. Purpose. The Company makes various content available on the Platform only for users with a bona fide intent to avail the online educational courses and certain allied services offered on the Platform (“Services”). Services on the Platform shall not be used for any other purpose.

The Platform (including related products and Services made available on the Platform) or Services that you subscribe to (whether paid or free of cost) is meant solely for the Purpose and your exclusive access and usage. Copying, downloading, recreating, sharing passwords, sublicensing or sharing the license granted to you herein in any manner which is not in accordance with these Terms of Use, is a violation of these Terms of Use, and Company reserves its rights to act in such manner as to protect its rights, including loss of revenue or reputation or claim damages including terminating access to the Platform and Services, and reporting to relevant authorities. In the event you are found to be copying or misusing or transmitting or crawling any data or photographs or graphics or any information available on the Platform or Services, Company reserves the right to take such action that it deems fit, including terminating access to the Platform and claiming damages.

3. Content. Content from users, educational institutions, advertisers, and various third parties is made available to you on the Platform. “Content” means any work of authorship or information, which includes reviews, ratings, questions and answers, tips and advice, comments, test and preparatory materials or any other education related information, teacher responses, comments, opinions, messages, text, files, images, photos, e-mail, data or other materials present on the Platform submitted by teachers, individual users and the Company.

You agree not to (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell the Content, or adapt or create derivative works of the Content; or (b) rent, lease, loan, or sell access to Platform or any Content under any circumstances.

4. Use of Platform, Website, or Services. The Platform, products, or Services, including the SD card, Website, and content, are compatible only with certain devices, tablets, instruments, or hardware. The Company shall not be obligated to provide products or services for any instruments that are not recognised by the Company, or devices or instruments that may be purchased from any third party which are not compatible with the Company’s products, Website, Platform, or Services. The Company reserves the right to modify, upgrade, suspend, or discontinue the SD card, tablet, specifications or compatibility of any devices or content from time to time at its sole discretion without any notice to you. Additionally, Company shall have no responsibility for any loss or damage caused to any device, tablet, instrument, or any other hardware or software, including loss of data or any adverse effect on the device, tablet, instrument, or any other hardware or software, resulting from your access or usage of the Platform, Website, products, or Services. You acknowledge that Company is not the manufacturer of the device, tablet, instrument, or any other hardware, and any defect arising out of or in connection with the same shall be directly reported to the manufacturer of the relevant device, tablet, instrument, or any other hardware, and Company shall not be in any manner responsible for the same. The Company does not provide any guarantee or warranty relating to the device, tablet, instrument, or any other hardware.

5. Third Party Links. The Platform may contain links to third party websites, these links are provided solely as convenience to you and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same. If you chose to access these websites, you do so at your own risk.

You understand and agree that (a) Company is not responsible for and does not endorse any information about third party products and services, or information provided by other users on the Platform; (b) Company makes no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (c) Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.

The Company shall not be held liable for claims arising out of or in connection with the Content provided by third parties.

6. Your Information. You are solely responsible to provide true and correct information about yourself. When you create an account on the Platform, you undertake to keep the account information up to date at all times.

   We reserve the right to remove or suspend any Content or account providing false, incorrect or incomplete information.

   You are solely responsible for keeping your contact and account details up to date on the Platform. Providing wrong and false details shall be a cause for termination of Services or access to the Platform. Additionally, as a consequence of the same, the Company may not be able to contact you.

The Company, its subsidiaries, and affiliates may, based on any form of access to the Platform, SD cards, including any free download or trials, Services, Website, or registrations through any source, contact you by way of SMS, internet text message, email, telephone call, internet telephony, IVRS or any other mode of communication to give information about their offerings and products as well as notifications on various important updates, or to seek permission for demonstration of its products. You expressly grant such permission to contact you by way of SMS, internet text message, email, telephone call, internet telephony, IVRS or any other mode of communication and hold the Company, its subsidiaries, and affiliates indemnified against any liabilities including losses, damages, claims, penalties, or expenses in the event your contact number is registered on the Do Not Call (DNC) database. By registering yourself on the Platform, you hereby agree to make your contact details available to the Company, its subsidiaries, affiliates, suppliers, subcontractors, and partners and consent to be contacted for commercial communications by and on behalf of the Company for advertising, marketing, promoting, and selling products and Services by way of SMS, internet text message, email, telephone call, internet telephony, IVRS or any other mode of communication.

7. Login Details. If you have registered on the Platform, the safety and security of your login credentials is solely your responsibility, and you should not share the same with anyone.

   You shall be solely responsible for carrying out any online or offline transaction involving credit cards/debit cards or such other forms of instruments or documents for making such transactions, and Company assumes no responsibility or liability for any misuse of information relating to such usage of credit cards/debit cards.

   You are fully responsible for all activities that occur under your account on the Platform and any other actions taken in connection with the Platform from your account. It is presumed that all activity taking place from your account on the Platform are occurring with your knowledge and consent.

8. Payment and Refunds. In consideration of the Services provided by the Company, you shall pay to Company such amounts (“Service Fees”) as set out on the Platform for such Services.

Company shall raise invoices for payment of Service Fees as set out on the Platform with respect to the relevant Services. Invoices raised by Company shall contain such particulars as prescribed under the GST Act and Rules thereunder, as amended from time to time for the Service Fees payable by you.

You shall pay the invoices within such period of time as applicable to the payment terms and applicable plan selected by you at the time of purchasing the Services, if any.

In event of failure on your part make payments in a timely manner, Company reserves its right to take appropriate legal action against you that may be available to it under these Terms of Use or as per applicable law. Any late payments to Company shall attract payment of interest, fines and penalties depending on the payment mode and terms selected by you at the time of purchasing the Services.

If you have selected third party payment modes or platforms, including deferred payment mode or facility, you shall be solely liable to comply with the terms and conditions of such third parties applicable to the payment facility selected by you. Please note that Company shall not be liable for your transactions with such third parties, and you hereby indemnify Company, its parent entity, subsidiaries, affiliates, and each of their directors, officers, licensors, suppliers, partners, agents and representatives to the fullest extent permitted by applicable laws against any losses, damages, claims, fines, cost, penalty, suit or proceedings incurred, sustained or brought against the Company arising out of or in connection with any dispute between you and such third party.

If as per the applicable tax laws, you are required to deduct taxes at source (“TDS”) on Service Fees paid to Company, you shall make payment of Service Fees net of such TDS and shall provide a proof of such TDS deduction, not later than 60 days following the quarter in which such invoice was raised by Company. In case of non-receipt of TDS credit and TDS certificate by the Company within the said timelines, Company has a right to claim such TDS amount as recoverable from you against the invoice issued.

Upon signing of the Agreement, the Customer shall provide GST Identification Number and such other documents as may be required by Company for purpose of generating appropriate invoices and for settlement of payments.

The Platform offers paid Services also, and the payments made by you for the paid Services shall be in accordance with the plans selected by you on the Platform. You expressly agree to pay the Service Fees for the Services availed by you, and you authorize the Company to charge you as per the applicable payment mode opted by you. All payments shall be through the payment mechanism opted by you, and you shall be responsible for paying all fees and applicable taxes in a timely manner as per the mechanism associated with the payment plan availed by you. You have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, EMI Payment, Online Bank Transfer and Wallet Payment. The payment mechanisms are governed by the terms and conditions of the respective third-party providers as listed on the Platform and you agree to be bound by those terms.

Valid Credit / Debit / Cash Card / online bank transfers and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed between you and the respective issuing bank and payment instrument issuing entity. The Company shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction.

Any charges related to Platform publishing, e.g., charges levied by app store, play store will be incurred by you.

Any request for refund of Service Fees shall be governed by the refund policy set forth on the Platform.

9. Taxes. Any reference to duties and taxes etc. in the fees payable by you for availing Services shall include Goods and Services Tax (herein referred as GST) from the date GST law is implemented in India. Any additional tax liability arising on account of introduction of GST (whether on account of increase in rate or any change brought in by a new tax regime) would be recovered over and above the fees paid by you.

10. Disclaimer of Liability. Company reserves the right to make changes to the Platform anytime without any prior notice. Mention of third party products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by Company. All Company and third-party information provided on the Platform is provided on an “AS-IS” and “AS-AVAILABLE” basis.

    Views expressed by the users of the Platform are their own and personal in nature, Company does not endorse the same. No claim as to the accuracy and correctness of the information on the Platform is made. In case any inaccuracy or otherwise inappropriate, offensive or illegal content is sighted on the Platform, please report it to takedown@infinitylearn.com. If in the sole discretion of the Company such content is found to be not in accordance with these Terms of Use, the Company reserves the right to suspend or remove any such content from the Platform without any prior notice.

    Company disclaims all warranties, expressed or implied, with regard to any information (including any software, products, or services) provided on the Platform, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

The Company makes no guarantees as to (a) the availability of any specific Content in any of the Services offered to you on the Platform, or (b) any minimum amount of Content in any of the Services, whether free of cost or paid by you. At any time in the future, the Company reserves the right to offer or cease to offer additional features to any Services, or to otherwise modify or terminate the Services or any component thereof at our sole discretion without any prior notice.

It may happen that the Platform is inaccessible or non-functional, either for planned maintenance or any other reason. You accept that you will not have any recourse against us in any of these types of cases where the Platform may not be available to you for a period of time. The Company and its parent entity, subsidiaries, affiliates, and each of their directors, officers, licensors, suppliers, partners, agents and representatives make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or Content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company and its parent entity, subsidiaries, affiliates, and each of their directors, officers, licensors, suppliers, partners, agents and representatives make no warranty that you will obtain specific results from accessing or usage of the Services. Your accessing and usage of the Services (including any Content) is entirely at your own risk.

The Company may decide to cease making available certain features of the Services at any time and for any reason without any prior notice. Under no circumstances shall the Company or its parent entity, subsidiaries, affiliates, and each of their directors, officers, licensors, suppliers, partners, agents and representatives be held liable for any damages due to such interruptions or lack of availability of such features.

The Company is not responsible for any delay or failure of performance of any of the Services caused by events beyond the reasonable control of the Company, like an act of war, hostility, or sabotage, epidemic, pandemic, natural disaster, electrical, internet, or telecommunication outage, or government restrictions.

11. Feedback and Submissions. If you share or send any ideas, suggestions, changes or documents regarding Company’s existing business or Services (“Feedback“), you agree that (i) your Feedback does not contain any confidential, secretive or proprietary information, including that of third parties, (ii) Company is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis without any compensation and liability to you; (iii) Company may have already received similar Feedback from some other source or it may be under consideration or in development within the Company, and (iv) by providing the Feedback, you grant Company an irrevocable, binding, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, develop, publish, distribute and sublicense the Feedback in any form or manner, and you irrevocably waive, against Company or its parent entity, subsidiaries, affiliates, and each of their directors, officers, licensors, suppliers, partners, agents and representatives any claims or assertions of any nature, with regard to such Feedback.

You may provide only specific Feedback on Company’s existing products or marketing strategies. Please do not include any ideas that that in violation of the Company’s policy or practices.

Notwithstanding the abovementioned clause, Company or any of its employees or representatives do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions“) in any form to Company or any of its employees.

The purpose of this clause is to avoid potential misunderstandings or disputes when Company’s Services, products or marketing strategies might seem similar to ideas and Feedback submitted to Company. If you submit any Submissions to Company, regardless of what the communication of such Submissions states, the following terms shall apply to your Submissions:

 

Terms governing Submissions. You agree that: (1) the Submissions and their Contents will automatically become the property of Company, without any compensation or liability to you; (2) Company may use or redistribute the Submissions and their Content for any purpose and in any manner it deems fit; (3) there is no obligation for Company review the Submission; and (4) there is no obligation to keep any of the Submissions confidential.

12. Privacy Policy. The Privacy Policy of the Platform explains how the Company may use your personal information. The Company shall, at all times, respect and ensure adherence to the Privacy Policy of the Platform. Additionally, various settings are provided to help you to be able to control the manner in which others may be able to view your personal information, and the manner in which you may be contacted by the Company or its representatives.

    When you share or upload or store information on the Platform, others may be able to view, copy or download such information.

13. Intellectual Property Rights. The brand name ‘Infinity Learn’ and its logos, trademarks (whether registered or not) and Content made available on the Platform to offer Services to you are works of authorship, and are the exclusive property of the Company and its licensors, and are protected by applicable laws. You are not permitted to use such intellectual property and Content in asny form, medium, or manner without the prior written consent of the Company.

14. License. You are granted a personal, limited, revocable, non-assignable, non-transferable and non-sublicensable license to access the Platform and Services in the relevant territory where you have registered on the Platform for the Purpose, provided that you are at all times in compliance with these Terms of Use.Save as otherwise expressly provided herein, no rights are granted to you other than a limited permission to access the Platform upon the terms expressly set forth in these Terms of Use. The structure, sequence, organization and source code of the Platform are proprietary to the Company, its parent entity, subsidiaries, affiliates, and constitute valuable trade secrets of the Company.

You hereby grant Company, its parent entity, subsidiaries, affiliates, and each of their licensors, suppliers and subcontractors a non-exclusive, unrestricted, irrevocable, perpetual, royalty-free, fully paid-up, worldwide, assignable, transferrable, sublicensable, right and license in all formats or media, whether now known or hereafter devised or discovered, to use, reproduce, display, transmit, translate, rent, sell, modify, disclose, publish, create derivative works from and distribute the material and information provided by you to the Company, including personal information. You further agree to indemnify, defend and hold the Company harmless from any liability arising due to the use or distribution of any such material or information by the Company, its parent entity, subsidiaries or affiliates to the fullest extent permitted by applicable laws.

You hereby consent to and grant Company, its parent entity, subsidiaries, affiliates, and each of their licensors, suppliers and subcontractors a perpetual, irrevocable, exclusive, worldwide, royalty free, fully paid-up, unlimited, assignable, transferable and sublicensable right and license to use in any form, manner and medium whatsoever, at the sole and absolute discretion of Infinity Learn, Your Content, your name, photo, image, visual representation, comment, or statement, in any media for promotional, marketing, and advertising purposes or any other objective by Infinity Learn, as deemed appropriate by Infinity Learn at its sole discretion. You further agree to indemnify, defend and hold the Company harmless from any liability arising due to the use or distribution of Your Content by the Company, its parent entity, subsidiaries or affiliates to the fullest extent permitted by applicable laws.

The “use” referred to herein means use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialize, create derivative works, and in the case of third-party services, allow their users and others to do the same.

“Your Content” means and includes (but is not limited to) images, photos, audio, video, and all other forms of information or data in any form of media that you submit, upload, share or transmit to Infinity Learn, in any form or manner, such as images, photos, messages, videos, and any other materials.

15. Indemnification. To the extent permitted by applicable laws, you hereby indemnify and hold harmless Company, its parent entity, subsidiaries, affiliates, and each of their directors, officers, licensors, suppliers, partners, agents and representatives from any losses, damages, claims, fines, cost, penalty, suit or proceedings incurred, sustained or brought against the Company arising out of or in connection with (i) any information or content provided by you, including personal information, (ii) your unauthorized access or usage of the Services, or products or services included or advertised in the Services; (iii) your access to and usage of the Platform; (iv) violation of any rights of a third party; (v) breach of these Terms of Use, including without limitation, any infringement by you of the copyright or intellectual property rights of any third party; or (vi) violation of applicable laws.

16. Use Restrictions. You represent, warrant and covenant that your access to and usage of the Platform shall not be done in a manner so as to:

1. Violate any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation;
2. Interfere with or disrupt computer networks connected to the Platform;
3. Impersonate any other person or entity, or make any misrepresentation as to your association or affiliation with any other person or entity;
4. Forge headers or in any manner manipulate identifiers in order to disguise the origin of any user information;
5. Interfere with or disrupt the access or usage of the Platform by any other user, nor “stalk”, threaten, or in any manner harass another user;
6. Make usage of the Platform in such a manner as to gain unauthorized entry or access to the computer systems of others;
7. Reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes the Platform, or any component thereof (including, but not limited to any materials or information accessible through the Platform);
8. Make usage of content from the Platform for derivative works with a commercial motive without prior written consent of the Company.
9. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform; or
10. Impose an unreasonable or disproportionately large load on the Platform infrastructure.
11. Spam the Platform/Company by indiscriminately and repeatedly posting content or forwarding mail that may be considered spam.
12. Access data not intended for you or log into server or account that you are not authorized to access;
13. Constitute an act of reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for the Platform or any related technology or any part thereof
14. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform.
15. Attempt to probe, scan or test the vulnerability of a system or network;
16. Use automated means to crawl the Platform and to scrape content from the Platform. The Company uses technological means to exclude robots etc. from crawling and scraping content from the Platform. You undertake not to circumvent any of these methods;
17. Access the Platform except through the interfaces expressly provided by Company;
18. Attempt or breach security or authentication measures without proper authorization;
19. Providing deep links into the Platform without prior permission of the Company.
20. Extracting data from the Platform using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorized in writing.
21. Upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
22. Constitute hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information:
    1. For which you do not have all necessary rights and licenses;
    2. Which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;

• Which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Platform, or that of other computer systems;

1. That is grossly harmful, harassing, invasive of another’s privacy, hateful, disparaging, relating to money laundering or unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous/blasphemous, vulgar, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
2. Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
3. That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

• That belongs to another person and to which the user does not have any right to;
• That harm minors in any way;

1. That 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.

17. Limitation of Liability. You expressly understand and agree that Company shall not be liable for any indirect, remote, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, usage, data or other intangible losses (even if Company has been advised of the possibility of such damages). The Company provides no guarantees of server uptime or uninterrupted functioning of the Platform at all times. In no event shall the maximum aggregate liability of the Company for losses, damages and claims arising out of or in connection with these Terms of Use exceed the amount of fees paid by you to Company.

18. Termination. Company may at any time, without any prior notice and at its sole discretion, terminate or restrict your usage of or access to the Platform or Services (or any part thereof) for any reason, including without limitation, that the Company at determines that you have violated or acted inconsistently with these Terms of Use.

19. Settlement of Disputes. If any dispute arises between you and Company arising out of or in connection with the access or usage of the Platform or Services, or the validity, interpretation, implementation or alleged breach of any provision of these Terms of Use, the dispute shall be referred to a sole arbitrator who shall be appointed by the Company. The decision of the arbitrator shall be final and binding on both the parties to the dispute. The venue and seat of arbitration shall be Hyderabad, India. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings.

20. Governing Laws and Jurisdiction. These Terms shall be governed by the laws of India. The Courts of Hyderabad shall have exclusive jurisdiction over any dispute arising under these Terms of Use.

21. Severability. If any provision of these Terms of Use are held to be invalid or unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect

22. Assignment, Subcontracting, and Transfer. Company may assign, subcontract, or transfer any of its rights or obligations under these Terms of Use to its parent entity, any of its subsidiaries, affiliates, subcontractors or any third party at any time without your prior consent. You shall not be entitled to assign, transfer, novate or delegate your rights under these Terms of Use or the limited license that has been extended to you, and any assignment, transfer, novation or delegation of these Terms of Use shall be null and void. The Company reserves its rights to claim damages and seek an injunction against you

23. Entire Agreement. These Terms Of Use, as amended from time to time, constitute the complete understanding and entire agreement between you and Company regarding the subject matter envisaged herein, and supersedes all prior and contemporaneous agreements, discussions, negotiation and correspondence between you and the Company, whether oral or written.

 

24. Contact Us. For any questions or concerns, you may contact us via email at grievances@infinitylearn.com.

You may also contact our customer support team via email at grievances@infinitylearn.com or by phone at +914044600600 and 1800 419 4247 (toll-free).

For any grievances that you may have, you may also contact our Grievance Redressal Officer at the below mentioned details:

Ms. Shweta Puri

Grievance Redressal Officer

Rankguru Technology Solutions Private Limited

6th Floor, NCC Building, Durgam Cheruvu Road

Vittal Rao Nagar, HITEC City, Hyderabad

Telangana 500081.

Email ID: grievances@infinitylearn.com

Phone Number: +914044600600, 1800 419 4247 (toll-free)

25. If the Company conducts a contest in which the Company provides you an opportunity to win a prize, the following Prize Terms shall apply in addition to the Terms Of Use.

 

Prize Terms.

1. The contest displayed on the Platform (“Contest“)to win the award or prize displayed on the Platform (“Prize”) is conducted by Rankguru Technology Solutions Private Limited (“Company”). You hereby consent that participation in the Contest shall be subject to your acceptance of these terms and conditions.
2. Participation in the Contest is purely voluntary in nature and does not guarantee winning of the Prize. Mere participation should not be perceived as any commitment on the part of Company to select a participant as the winner. Nothing herein amounts to a commitment by Company to conduct further, similar or other contests in future. The winner(s) of the Contest shall be given the Prize(s) subject to these terms and conditions.
3. The Prize can be in the form of vouchers, promo codes, discounts, or any other tangible or intangible item or object as may be determined by the Company at its sole discretion from time to time. The winner(s) of the Contest shall be eligible to claim the Prize after fulfilment or completion of the criteria mentioned by Company. Additionally, the winner(s) of the Contest shall be required to comply with such requirements as determined by Company at its sole discretion from time to time.
4. Company shall have the sole discretion in determining the number of Prizes and winners of the Contest. A participant who has received a Prize once shall not be eligible for any other prize in the same contest under any circumstances.
5. Company shall contact the winner(s) of the Contest within ten (10) days after determining the winners of the Contest. If the winner(s) of the Contest fails to provide the required details within seven (7) days from the date of receipt of the communication sent by Company, the Prize shall stand forfeited without the requirement of any notice, or any liability to Company, and the winner shall not be entitled to bring any claims in this regard.
6. The winner(s) of the Contest needs to submit such details as required by Company, which could include name, postal address with pin code and govt. issued address proof, govt. issued birth certificate with govt. issued age proof, Picture, video, contact number, photograph with govt. issued ID proof, valid proof of admission to the relevant course offered by Company, current and previous years’ mark sheets, any other document or information requested by Company, and a no-objection certificate to the satisfaction of Company within seven (7) days from the date of receipt of the communication sent by Company in order to claim the Prize. Company shall issue/dispatch the Prize within thirty (30) days of successful verification of the details provided by the winner of the Contest.
7. Company shall have the absolute and sole discretion to determine whether any winner of the Contest should be disqualified by reason of failure to abide by these terms and conditions, terms and conditions of Platform, bad faith, fraud or any other reason at the sole discretion of Company.
8. Incomplete information provided by a participant, failure to provide true and accurate information as required by Company, or failure to submit proof of identification or any other information required by Company will automatically disqualify the winner(s) of the Contest, and the Prize shall stand forfeited without the requirement of any notice, or any liability to Company.
9. Issuance of the Prize to the winner by Company shall discharge Company of any and all obligations towards the winner(s) of the Contest, and such winner(s) shall not be entitled to bring any claims against Company in this regard.
10. If the winner(s) of the Contest is not determined for any reason, including without limitation, any event beyond the reasonable control of Company, Company shall have no liability towards the participants.
11. The winner(s) of the Contest hereby consents to use of his/her image, photograph, video, name and likeness in publicity material by Company and in advertising, marketing or promotional material in any media by any means throughout the world for any purpose connected with the products/services of Company or any company within the Company’s group of companies without additional compensation or prior notice.
12. Each Contest may be valid for a limited period only, subject to the sole discretion of Company. Company reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Contest and/or these terms and conditions without any prior notice. The decision of Company is final and binding and no correspondence shall be entered into in this regard.
13. The participant represents and warrants that he/she shall be solely liable to comply with the applicable laws and regulations with respect to his/her participation in the Contest.
14. The winner(s) of the Contest shall be solely liable to comply with the applicable laws and regulations with respect to the Prize, including without limitation, obligations to pay applicable taxes and duties on the Prize.
15. Company disclaims all responsibility associated with the Prize, including without limitation, any warranties associated with the Prize, any additional costs or expenses associated with the Prize, its issuance, distribution, transportation or any other liability, cost, or expenses associated with usage or redemption of the Prize. Company shall not be liable for any losses, damages, claims, taxes, liabilities or inconvenience suffered by any participant as a result of these terms and conditions, entering into this Contest or accepting any part of the Prize.
16. Company shall not be responsible for any deficiency in the Prize and does not make any representation about the quality, make, performance, features, endurance, finishing, benefits, or fitness of the Prize. Company and its parent entity, subsidiaries, affiliates, and each of their directors, officers, licensors, suppliers, partners, agents and representatives make no representations or warranties about the suitability, reliability, availability, timeliness, security of the Prize, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
17. The Prize is offered on a ‘no exchange-no refund’ basis. Company shall not entertain any requests for exchange or substitution in lieu of the Prize offered by Company. Multiple Prizes cannot be combined or clubbed together under any circumstances. The Prize is non-exchangeable, non-transferable, and is not redeemable by any person other than the participating winner of the Contest, or for other items or prizes.
18. Notwithstanding the above, Company, at its sole discretion, retains the right to substitute the Prize with another reward of similar value in the event the Prize is not available for any reason.
19. Company shall not be liable to the participants or any third party for any indirect, special, remote, punitive, exemplary, incidental or consequential cost, expense, loss or damage whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise, even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and/or Company. Company accepts no responsibility for difficulties experienced in participating or fulfilling the requirements of the Contest. Company does not accept responsibility for (a) lost, late or answers not submitted for any reason, (b) any technical or access issue, failure, malfunction or difficulty that might hinder the ability of a participant to participate in the Contest, or (c) any event which may cause the participation in, or fulfilment of the requirements of, the Contest to be disrupted in any manner.
20. The participant undertakes to indemnify and keep Company, its parent entity, subsidiaries, affiliates and each of their directors, officers, employees, agents, consultants, and representatives harmless and indemnified against any loss, damage, claims, costs and expenses which may be brought against Company, incurred or suffered by Company due to participant’s breach of any of the terms and conditions herein contained.
21. The winner(s) of the Contest acknowledges and agrees that with respect to the Prize, he/she is not a ‘consumer’ under the applicable laws, including the Consumer Protection Act, 2019 and rules framed thereunder, and shall not be entitled to bring any claim or action against Company with respect to the Prize.
22. Company reserves the right to modify, add, substitute, or delete these terms and conditions at any time and at its sole discretion without any prior notice to you.
23. Any disputes with respect to the Contest shall be governed by and construed in accordance with the laws of India, without reference to principles of conflict of laws. The courts in Hyderabad shall have exclusive jurisdiction to determine any disputes arising out of, under, or in relation to, the Contest.
24. The rights and remedies available to Company as set out in these terms and conditions are without prejudice and in addition to any other right or remedy that Company may have under applicable laws.
25. The winner of the Contest shall be solely liable to comply with any third party rules, regulations, terms and conditions that may be required to redeem and/or utilize the Award. Company hereby disclaims all obligations and liability arising out of or in connection with the same and shall not be liable in any manner in this regard.
26. Wherever Company expressly undertakes shipping of the Prize to the winner of the Contest, the following terms shall apply:

• Company shall ship the products within the territorial limits of India only. Company shall not ship the product outside the territorial limits of India under any circumstances;
• Shipping of the Award shall be governed by and subject to the applicable laws, rules, regulations of the relevant shipping service provider; and
• Company shall not be liable for any damage to the Award that may take place during the shipping process.