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TERMS OF SERVICE

1. Introduction

Welcome to the Quizky Platform (the "Quizky Platform").

The Quizky Platform is operated by Brainvalley Software Private Limited (“Brainvalley”). More information about Brainvalley can be obtained here [provide a link to a write-up about the company and the team].

The Quizky Platform is a platform that offers professionals and organisations (collectively, “the Service providers”) the opportunity to easily create and host courses, quizzes, surveys and other services through our website/mobile app. [summary of the use of the platform].

Use of the Quizky Platform is governed by the following terms and conditions (“Terms of Service”). Please review the Terms of Service carefully. The use of any other product or service offered by Brainvalley (including access to its websites) may be governed by separate terms and conditions.

This Terms of Service is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access and/or usage of the Quizky Platform.

By using the Quizky Platform, you are agreeing to comply with and be bound by the Terms of Service. If you do not agree to the Terms of Service, you should not use the Quizky Platform.

The terms “we” and “us” refers to Brainvalley and its affiliates, and the term “you” refers to you, the user of the Quizky Platform.

2. What do we Provide on the Quizky Platform

We provide [details of what we actually provide] through the Quizky Platform and any other related websites, toolbars, widgets, applications or other distribution channels we may, from time to time, operate. You may use the Quizky Platform for your personal and business use or for business purpose of the business entity or organisation that you represent. [Please confirm if the use by a business entity needs to be covered as well?]

We may allow Service Providers to publish content, data, information, text, images, videos, audios, audio-visuals, recommendations, advice, views, etc. ("Service Provider Material"). The Service Provider Material is not selected or modified by Brainvalley in any manner. The Service Provider Material does not reflect the views of Brainvalley. In no event shall Brainvalley be held responsible for any Service Provider Material, neither does Brainvalley endorse or recommend any Service Provider Material, nor shall Brainvalley be liable for any loss or damages resulting from publishing of the Service Provider Material on the Quizky Platform.

3. Acceptance of the Terms

By using the Quizky Platform, you are agreeing to comply with and be bound by the Terms of Service.

Your use of the Quizky Platform is subject to the Terms of Service, which may be updated from time to time without notice to you.

The Terms of Service apply only to your use of the Quizky Platform. The use of any other product or service offered by Brainvalley may be governed by separate terms and conditions.

Your acceptance of the Terms of Service is valid, binding and constitutes the entire agreement between us (irrespective of whether you are a user of or visitor to the Quizky Platform or the websites). The Terms of Service supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Quizky Platform, and the services that are provided to you through the Quizky Platform.

4. Eligibility

By using the Quizky Platform, you represent and warrant that:

(a) you are competent and eligible to enter into legally binding agreements and you have the requisite authority to bind yourself under the terms, conditions, obligations, representations and warranties set forth in these Terms of services as determined by the provisions of Indian Contracts Act,1872. You may not use the Platform if you are not competent to contract under the Indian Contract Act, 1872.

(b) all registration information you submit is truthful and accurate;

(c) you will maintain the accuracy of such information;

(d) have attained the age to legally accept these Terms of Service as per the laws applicable to you and/or at your location, or the age of 18 years, whichever is higher;

(e) your use of the Quizky Platform does not violate any applicable law or regulation. Use of the Quizky Platform is void where prohibited; and

(f) if you are the parent / legal guardian of a minor who uses the Quizky Platform, that you monitor all use of the Quizky Platform by the minor and ensure compliance with these Terms of Service. Quizky Platform reserves the right to terminate the account on knowledge that it is being operated by a minor in violation of this requirement.

5. Registration and Your Account

You can create an account with us by registering on the Quizky Platform (either on the website or the Mobile Application). Your account may have also been registered by a Service Provider on your behalf and with your consent. The registration of your account on the Quizky Platform is subject to you satisfying the Terms of Service at all times.

If we have reasonable grounds to suspect violation of these Terms of Service or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of any or all parts of the Quizky Platform.

6. Security and Access of Your Account

You are solely responsible for maintaining the confidentiality of your username and password and for all activities carried out under your account. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorised access and/or use of your account, or otherwise.

You agree not to use the account, username or password of another user (unless validly authorised) at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorised use of your account.

You agree not to access or use the Quizky Platform in any manner that could damage, disable, overburden, or impair any computer system, network, website, the Quizky Platform or any other product, service or website operated by us or any other person. You also agree not to interfere with or attempt to gain unauthorised access to any parts of the Quizky Platform or any accounts, computer systems or networks, etc.

You agree not to use any robot, spider, scraper or other automated means to access the Quizky Platform or any other product, service or website operated by us or any other person.

7. Your Content, User Data and Privacy

We are concerned about your privacy and have developed a policy to address privacy concerns. Any personal information collected on the Quizky Platform may be accessed and stored globally and will be treated in accordance with our Privacy Policy which can be accessed here [provide URL].

Any content you create or store on the Quizky Platform, including but not limited to personal information, academic information, answers to quizzes/surveys, feedback on courses etc. (collectively, "Content") remains yours. You grant us a limited license to access, copy, modify, distribute, store, transmit, reformat, list information regarding, edit, translate, make derivative works of, share and publicly display such Content to the extent needed by us to provide services to you. The license you grant us is non-exclusive (meaning you are free to license your Content to anyone else), fully-paid and royalty-free (meaning that we are not required to pay you for the use), transferable and sub-licensable (so that we are able to use our affiliates and sub-contractors such as Internet content delivery networks), and worldwide (because the Internet is global in reach).

You are solely responsible for your Content and the consequences of its transmission. You represent and warrant that the Content does not violate any applicable law, rule or regulation or third party rights. You agree to indemnify us against any claims against us arising out of your Content.

You agree not to use, display or share your Content or any data we provide you in a manner inconsistent with the Terms of Service, the Privacy Policy or any applicable law, rule or regulation. We are not under any obligation to keep back-up copies of the Content once your account is deleted. We make no guarantee that Content will be safely stored on the Quizky Platform. To be safe, you should independently back-up your Content, to the extent permitted herein and by applicable laws, rules and regulations.

The Quizky Platform may also provide you with the ability to modify any Content. You acknowledge and agree that you are solely responsible for the Content and that any modifications you may make are required to be in accordance with applicable law.

8. The Service Fee

The services on the Quizky Platform and any other services we provide are available for a service fee ("Service Fee"). Unless otherwise stated, all fees are quoted in Indian Rupees.

The Service Fee will be charged to you through the payment method selected by you at the time of registration on the Quizky Platform or as updated from time to time.

We reserve the right to change the applicable Service Fee and to charge for use of the Quizky Platform or any other service, that are provided free of charge or at a discounted rate. The changes shall only apply prospectively to the services used by you. [Please confirm if the student/user is going to be charged]

9. Payments

You are responsible for paying all fees and applicable taxes associated with the Service Fee in a timely manner with a valid payment method. Service tax, if applicable, shall be charged to you on the Service Fee. [tax provision to be reviewed]

You authorise us to charge you for the Service Fee according to the payment method specified in your account. You also authorise us to collect and store the details of your payment, along with other related transaction information. We may also have to share this information with our bankers and payment gateways, etc.

If the payment method specified by you fails or your account is past due, then:

(a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorised or accepted,

(b) we may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us); and

(c) we reserve the right to either suspend or terminate your account with us, including deletion of your account.

You agree to submit any disputes regarding any charge to your account in writing to us within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

10. Refunds

We generally do not refund any amounts received from you for the services delivered through the Quizky Platform. However, in cases of erroneous transactions and other similar exceptional cases, you can write to us at [refunds email id] with all the relevant details, and we shall consider any refund on a case-to-case basis, at our sole discretion.

11. Prohibited Activities

You agree not to use the Quizky Platform for illegal, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. You also agree to conduct proper verifications before sharing information or interacting with other users of the Quizky Platform, and we disclaim all liability for any actions of users or third parties using the Quizky Platform. You agree to indemnify us for any liability on us which may arise due to your misuse of the Quizky Platform.

Despite these prohibitions, content communicated by other users of the Quizky Platform may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material.

Brainvalley does not endorse or promote any Content, data, information, content or material published on the Website including Service Provider Material, and expressly disclaims any and all liability in connection with the same.

If you believe that the Quizky Platform contains any data, information, Content, content or material that could be in violation of Clause 11 and/or in violation of any applicable provision of the Information Technology Act or rules thereunder, You may notify Brainvalley of the same by sending an email notification at [appropriate email ID to be inserted]. By doing so, please remember that you are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of your account and/or other legal consequences. Please note that this provision shall be governed by applicable laws in India including relevant provisions of the Information Technology Act, Information Technology (Intermediaries Guidelines) Rules, 2011, etc. You may seek independent legal advice with respect to this legal procedure at your sole cost, expense and consequences.

Brainvalley shall take-down any data, Content, information, content or material only upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) would be committed if the said data, Content, information, content or material is not deleted from the Quizky Platform.

Brainvalley further reserves the right (without the obligation of doing so) to take-down any data, Content, information, content or material, without notice to you and without any liability either to Brainvalley or its directors, key managerial personnel, officers, employees, that Brainvalley in its sole discretion determines to be in violation of Terms of Service, any applicable law, or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person.

12. Inactive Accounts Policy

We reserve the right to disable or deactivate unpaid user accounts that are inactive for more than [60] days. In the event of such termination, all data associated with such account may be deleted. We will provide you prior notice of such termination by email.

13. Monitoring

We reserve the right (but have no obligation) to monitor all activities on your account to ensure compliance with the Terms of Service and applicable law.

14. Service Communication

We may contact you with service-related communication, from time to time, including any notices required by law, in lieu of communication by postal mail. We shall use the contact information provided at the time of registration and you should ensure that they are up-to-date. We may also use contact information to send you other messages, such as updates, user communications, newsletters, changes to features of the Quizky Platform, or our offers.

If you do not want to receive certain email messages, you may opt out by contacting us. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. We reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.

15. Third Party Links And Interaction

Additionally, we may provide hyperlinks though the Quizky Platform, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Site or Services imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. We expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Quizky Platform.

You release us, our officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other users and / or third parties.

16. Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights (including applicable copyrights, trademarks and other proprietary rights) of any kind on the Quizky Platform, and our websites, emails, platforms, mobile sites, applications, other products and/or services. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Service. You further acknowledge and agree that we retain ownership and control over the "look and feel" and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you under these Terms of Service.

Our trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features constitute our intellectual property and may not be copied, imitated, or used, in whole or in part. You agree not to infringe any intellectual property rights when you use the Quizky Platform and that you will indemnify us for any claims which may arise on us in this regard.

We have invested substantial time and effort into developing the Quizky Platform and it contains our own or licensed intellectual property. You further agree not to breach our intellectual property rights or attempt to reverse-engineer or discover the source code (by any means) of the Quizky Platform. You agree that any infringement of these restrictions will cause us irreparable loss.

17. Disclaimer of Warranties

We do not warrant that:

(a) the Quizky Platform will meet your specific requirements;

(b) the services provided by others through the Quizky Platform will be uninterrupted, timely, secure, or error-free;

(c) the results that may be obtained from the use of the Quizky Platform will be accurate or reliable;

(d) the quality of any products, services, information, or other material purchased or obtained by you through the Quizky Platform will meet your expectations; and

(e) any errors on the Quizky Platform will be corrected.

18. Limitation of Liability

You expressly understand and agree that Brainvalley, its affiliates and associates, and their respective officers, directors, agents, co-branders or other partners, and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of property, profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:

(a) the use or the inability to use the Quizky Platform;

(b) the cost of procurement of substitute products and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Quizky Platform;

(c) unauthorized access to or alteration of your transmissions or data;

(d) statements or conduct of any third party on the Quizky Platform; or

(e) or any other matter relating to the Quizky Platform.

Your sole and exclusive remedy for any dispute regarding the Quizky Platform, with us or any of the persons detailed above shall be termination of your relationship with us. In no event shall our entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards such the use of the Quizky Platform in the previous one (1) month of use.

19. Indemnification

You agree to indemnify, defend, and hold harmless Brainvalley, its affiliates and associates, and their respective officers, directors, agents, co-branders or other partners, and employees and its third party service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:

(a) any Content you submit, post, transmit, or make available through the Quizky Platform or any other service provided by us;

(b) your use or misuse of the Quizky Platform;

(c) your connection to and use of the Quizky Platform;

(d) your breach or alleged breach of these Terms of Service; or

(e) your violation of any rights (including intellectual property rights) of a third party.

20. Your Responsibilities with respect to the Service Providers

  1. Although we perform background checks of Service Providers, we do not assume any responsibility for the accuracy or reliability of the information provided by the Service Providers, or for the service provided by the Service Providers, and you are required to conduct your own independent verification. Neither Brainvalley nor its affiliates is responsible for the conduct, whether online or offline, of any Service Provider. Brainvalley and its affiliates will not be liable for any claim, injury or damage arising in connection with your use of the services provided by your Service Provider.
  2. In case you have a dispute with one or more other Service Providers, you hereby release Brainvalley, its affiliates, its directors, officers, employees, agents and consultants from claims, demands and damages (actual and consequential) of every kind or nature. We disclaim any liability for any loss or damage incurring to you due to any communications or dealings with any users of the Quizky Platform, Service Providers, or other visitors to our website.
  3. We include a rating system wherein users and Service Providers are rated by each other and regular offenders on both sites shall be barred from use of the Quizky Platform at our sole discretion. [Do we have this option?]
  4. The Service Fee must be paid through the Quizky Platform. Any Service Fees paid in cash outside of the Quizky Platform shall not be considered.
  5. The charges mentioned on the site are for services only and doesn’t include cost for replacements/parts or spare parts/warranties/guarantees/ consumables and other supplies.
  6. Unless you are a Service Provider, the Quizky Platform may be used for your personal, non-commercial use only; you may not use the Service in connection with any commercial endeavours whatsoever without our express prior written consent.
  7. Links (such as hyperlinks) from our website or the Quizky Platform to other sites on the Web do not constitute an endorsement by us of those sites or their content. Such links are provided as an information service, for reference and convenience only. We do not control any such sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

21. Changes to the Quizky Platform

We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Quizky Platform or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Quizky Platform.

22. Amendment of these Terms Of Services

We may amend, modify, change, add or remove portions of these Terms of Service at any time without notice to you. The latest Terms of Service will be posted at this URL, and you should review the Terms of Service each time before you use the Quizky Platform. By your using the Quizky Platform, you are presumed to have notice of the latest version of the Terms of Service.

23. Term and Termination

You may terminate your account and end your use of the Quizky Platform at any time. We have the right (at our sole discretion and without any liability to you) for any reason to:

(a) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Quizky Platform;

(b) remove and discard any Content within any account or anywhere on the Quizky Platform; and

(c) shut down an account, with or without notice.

If you terminate your account, we will have no obligation to refund you any fees you may have paid. Upon deactivating your account, these Terms of Service terminate and your access rights to the Quizky Platform immediately cease to exist. Our rights survive the termination of these Terms of Service.

24. Governing Law and Dispute Resolution

These Terms of Service shall be governed by the laws of the Republic of India without giving effect to any principles that may provide the application of the law of another jurisdiction.

Any controversy or claim arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the requirements of the Arbitration and Conciliation Act, 1996 of India. The venue of the arbitration shall be Chennai, India and the sole arbitrator shall be appointed by both Parties from a panel of arbitrators nominated by us. The decision of the sole arbitrator shall be final and unappealable. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.

25. General

A failure on our part to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, it shall not invalidate the rest of the Terms of Service which shall remain in full force and effect, and we shall try to give effect to the intention as reflected in the provision. We may assign the agreement between us pursuant to the Terms of Service in whole or in part in its sole discretion without your consent and without notice. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.

26. Questions And Suggestions

If you have questions, suggestions, or require to contact us as per these Terms of Service, or wish to make a complaint, please complete a feedback form [link to feedback form] or you can contact us at:

[address and contact information of the concerned person]

Last updated: [date]

© 2020 Brainvalley Software Private Ltd. All rights reserved.