BYJU'S Terms and Conditions

USER TERMS AND CONDITIONS

  1. INTRODUCTION

    2. 1.1) Think & Learn Private Limited, having its registered office at IBC Knowledge Park, 4/1, 2nd Floor, Tower D, Bannerghatta Main Road, Bangalore – 560 029 (hereinafter referred to as “we”, “our,” “us”, or “Company”) is engaged in the business of providing online educational services.

    1.2) The Company is offering a speech-first English learning application available in Android PlayStore and such other digital platform(s) as the Company may determine from time to time under the brand name ‘Think and Learn English’ (“Application”) through which it allows users to access and use a variety of services for learning and practicing English language through interactive methods including speech-to-text conversion, virtual games, videos, voice notes, and other content and features.

    1.3) This document sets out the terms and conditions (the “User Terms”) and the privacy policy (the “Privacy Policy”) which govern the use of:

    1. The Application;
    2. all associated products, services, firmware, software, APIs that are made available in relation to or in connection with the Application.

    1.4) Key Definitions – Unless the context otherwise requires:

    1. All services and content provided by the Company on the Application (including speech-to-text-features, games, videos, flashcards, emoticons, avatar creation, voice memos, rewards, results, reports and other content) shall collectively, hereinafter, be referred to as the “Application Services”.
    2. The Application and the Application Services shall collectively hereinafter be referred to as the “TNL English Services”.
    3. All information, data, copyright, content, material, trademarks, software, text, images, logos, sounds, graphics, video, script, audio, voice notes, audio-visual combinations, services marks, brand, source code, domain, know-how, trade names, and trade secrets and other intellectual property (in each case whether registrable or not), contained in the Application or used in connection with the Application shall collectively hereinafter be referred to as “Intellectual Property”.
    4. Any user of the Application or the Application Services or, where applicable, parents or legal guardian of a Child User (when such usage has been consented by a parent or legal guardian of such Child User) are hereinafter, collectively, referred to as the “you”, “yourself”, or “User”.
  1. ELIGIBILITY

    2. 2.1) The use of the TNL English Services is available only to those individuals who can enter into legally binding contracts under applicable law. Additionally, you cannot access or use the TNL English Services if you are barred from receiving the TNL English Services under any applicable law or have previously been barred from using the TNL English Services. The TNL English Services are intended to be made available and used only in India and such other jurisdictions as the Company may notify from time to time. Accordingly, TNL English Services is not intended to be made available in any jurisdictions other than (i) India and (ii) such other specific jurisdictions as determined by the Company from time to time. In the event you use or access the TNL English Services in any other jurisdictions (i.e. jurisdictions not permitted under these User Terms), please immediately stop using the services and notify us of the availability of the TNL English Services in such other jurisdictions on the email address mentioned below.

    2.2) Important note to Children under the age of 18 (eighteen): If you are under the age of 18 (eighteen) years, you may use the TNL English Services with the prior approval of a parent or a legal guardian. If you are under 18 (eighteen) years of age (“Child User”) and are using the TNL English Services without a parent or legal guardian’s consent, please immediately stop using the TNL English Services until one of your parents or legal guardian approve and consent to the usage of the TNL English Services in accordance with the User Terms and the Privacy Policy.

    2.3) Important note to parents and legal guardians: If you have the ability to enter into a legally binding contract and you register, approve or consent to the usage of the TNL English Services by a Child User, you represent and warrant that you are such Child User’s parent or legal guardian and you agree to be bound by these User Terms on behalf of such Child User, including without limitation being liable for all use of the TNL English Services by the Child User. Further, you hereby covenant that you will cause the Child User to use the TNL English Services strictly in accordance with the User Terms and the Privacy Policy and all terms contained herein shall be enforceable against you and you shall be responsible for all losses or liabilities incurred by the Company due to any breach of these User Terms by the Child User. You hereby acknowledge that the Company may choose, but is not obligated, to make any inquiries, either directly or through third parties, that the Company deems necessary to validate your information and status as parent or a guardian, unless required under applicable law. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT THE COMPANY CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER (INCLUDING A CHILD USER) AND THE COMPANY IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT OR A LEGAL GUARDIAN, OR TO VERIFY THAT A PARENT OR THE LEGAL GUARDIAN IDENTIFIED BY A CHILD USER DURING REGISTRATION OR USAGE IS SUCH CHILD USER’S ACTUAL PARENT OR LEGAL GUARDIAN. A USER ACCOUNT, ALONG WITH ALL ASSOCIATED CHILD USER ACCOUNTS, IF ANY, MAY BE TERMINATED BY THE COMPANY AT ANY TIME AND WITHOUT WARNING FOR ANY FAILURE TO ABIDE BY ANY OF THESE USER TERMS.

  1. BINDING AGREEMENT

    2. 3.1) The User Terms and the Privacy Policy describe the terms on which the Company offers you access to the TNL English Services. You hereby agree and acknowledge that, with respect to the usage of the TNL English Services, you and the Company do not have any contractual obligations other than as specifically contemplated in the User Terms and Privacy Policy.

    3.2)By clicking on the “I agree” option prior to registering on the Application, you signify your acceptance of the User Terms and Privacy Policy which takes effect on the date on which you install, browse and/or use the TNL English Services (or any part thereof), and create a legally binding arrangement to abide by the same. By accepting the User Terms and Privacy Policy, you also accept and agree to be bound by Company’s policies, as amended, from time to time in accordance with the User Terms. The User Terms along with the Privacy Policy constitute the entire contract between the User(s) and the Company with respect to your access to the TNL English Services (or any part thereof), superseding any prior written or oral contracts in relation to the subject matter herein.

    3.3)PLEASE READ THE USER TERMS AND PRIVACY POLICY CAREFULLY BEFORE USING OR ACCESSING THE APPLICATION OR THE APPLICATION SERVICES. IF YOU DO NOT AGREE WITH THE USER TERMS AND PRIVACY POLICY, PLEASE DO NOT USE (OR PERMIT THE USE) OF THE APPLICATION OR ANY OF THE APPLICATION SERVICES. PROVIDED, HOWEVER, THE COMPANY SHALL NOT BE LIABLE IN ANY MANNER IF YOU CHOOSE TO NOT USE THE APPLICATION OR THE APPLICATION SERVICES.

    3.4)The User Terms are an electronic record in terms of the Information Technology Act, 2000, the applicable rules thereunder (as amended from time to time) and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

    3.5)While the User Terms will apply to your use of the TNL English Services, there may be additional terms (such as the terms imposed by the mobile application stores, such as Android’s Play Store, from time to time) which will govern the use of the TNL English Services. These additional terms to the extent applicable are hereby deemed to be incorporated in the User Terms and Privacy Policy by way of reference.

  1. MODIFICATION

    2. We reserve the right to modify/ update the whole or any part of the User Terms and/ or Privacy Policy at any time. You can review the User Terms (including the Privacy Policy) for modifications/updates and analyze its impact on yourself available at https://byjus.com/english/tnc/. In the event that any update/modification to the User Terms or the Privacy Policy is not acceptable to you, please feel free to email us at support@byjus.com and if we are unable to address your concerns, please refrain from using the TNL English Services (or any portion thereof) and delete the Application from your handheld device. Your continued use of the TNL English Services (or a part thereof) will be deemed to mean that you accept and agree to be bound by such modified/ updated User Terms (including Privacy Policy).

  1. LIMITED PRIVILEGE

    2. 5.1) As long as you comply with the User Terms and Privacy Policy, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the TNL English Services.

    5.2) You hereby acknowledge that the Company is providing TNL English Services with a right to cancel, withdraw and cease from operating the Application or providing any other services without incurring any liabilities whatsoever.

  1. USER ACCOUNTS

    2. 6.1) For using or accessing the TNL English Services, you may be required to create an account on the Application by providing details which may include, inter alia, full name, gender, phone number, grade, email address.

    6.2) You agree and confirm that you shall (a) provide accurate, truthful, current and complete information while logging in to, or using your account; and (b) in all your dealings through the Application (i) maintain and promptly update your account information provided to the Company, whether as part of using the TNL English Services or otherwise ; (ii) maintain the security of your account by not sharing your password with others and restricting access to your account and your device; (iii) promptly notify the Company if you discover or otherwise suspect any security breaches relating to your account or the Application; and (iv) take responsibility for all activities that occur under your account and accept all risk of unauthorized access to the same.

    6.3) The Company reserves the right (but shall not be obliged) to confirm and validate the information and other details provided by you in the course of your use of the TNL English Services. If upon such confirmation any detail furnished by you is found or is reasonably believed, to be inaccurate, false, misleading or fraudulent, the Company shall, in its sole discretion, have the right to debar you from using the TNL English Services without any intimation to you and the Company assumes no responsibility and shall not be liable for, any such act on its part.

  1. SUBMISSION OF INFORMATION

    7.1) The Company authorizes you to access the Application solely for the purpose of using the Application Services and you expressly agree and acknowledge that you shall not use it for any other purpose.

    7.2) By clicking the I agree option, you hereby authorize the Company to (i) use information related to you, which is submitted by you, to contact you, (ii) maintain a record of your queries, visit of the Application, and/or feedback, and (iii) share information related to you in accordance with the Privacy Policy.

    7.3) You shall not post any content or information which is false, deceptive, misleading, deceitful and/or is in breach of these User Terms or any of the policies of the Company.

    7.4) You may be required to provide accurate and complete information set out in clause 6.1 herein above.

    7.5) The Company reserves the right, at its sole discretion, to suspend your ability to use or access the Application (or a part thereof) or the TNL English Services, at any time, while the Company investigates complaints or alleged violations of the User Terms or the Privacy Policy. Further, it shall also have the ability to prohibit or restrict you from using the Application if the Company, in its opinion, feels that you are misusing the Application in any manner whatsoever.

  1. USER COVENANTS

    2. 8.1) By using any of the TNL English Services you agree and acknowledge that:

    1. you will use any or all of the TNL English Services provided by the Company only for the purposes that are permitted by and are in accordance with (a) the User Terms and Privacy Policy, and (b) applicable law, and not for any fraudulent purposes or with a view to cause nuisance, annoyance or inconvenience;
    2. all the calls with the Company, for any reason or purpose whatsoever, may be recorded by the Company for quality and training purposes; and
    3. you are solely responsible for any breach of the User Terms and Privacy Policy and for the consequences resulting from such breach (including any loss, damage or expense suffered or incurred by the Company or its affiliates/business partners/vendors).

    8.2) As mandated by the Information Technology (Intermediaries Guidelines) Rules, 2011, and to the extent it is applicable to the User Terms and Privacy Policy, the Company hereby informs you that you are not permitted to host, display, upload, send, modify, publish, transmit, update or share any information that:

    1. belongs to another person and to which you do not have any right;
    2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racial, ethnically objectionable, disparaging, abusive, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
    3. harms minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. impersonates or defames another person;
    8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
    9. threatens the unity, integrity, defence, 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 to any other nation.

    8.3) You are also prohibited from:

    1. violating or attempting to violate the integrity or security of the Application;
    2. transmitting any information on or through the Application that is disruptive to the provision of the TNL English Services provided by the Company;
    3. intentionally submitting on the Application any incomplete, false or inaccurate information;
    4. making any unsolicited communications to other Users of the Application;
    5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;
    6. copying or duplicating in any manner any of the information available on the Application;
    7. framing or hotlinking or deep linking any contents from the Application;
    8. accessing or tampering with the non-public areas of the Application and the Company’s computer systems, or the technical delivery systems of its providers;
    9. testing the vulnerability of the Application or breaching any security or authentication measures implemented by the Company; and
    10. accessing the TNL English Services through the use of any mechanism other than through the use of an authorized connection.

    8.4) The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email about any such information as mentioned in clause 8.2 and/or clause 8.3 above, shall be entitled to disable such information that is in contravention of clause 8.2 and/or clause 8.3 and the Company shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.

  1. THIRD PARTY SERVICES

    9.1) The Company may use third party service providers in order to provide or improve the TNL English Services and such third party services shall be provided in relation to the data uploaded on the Application in accordance with the Privacy Policy. Any data or content that you upload shall be used, stored, or dealt by each such service provider in accordance with its respective privacy policies.

    9.2) You acknowledge and agree that at no time are we making any representation or warranty regarding any goods, services, or content processed or analyzed by any third party service nor will we be liable to you for any consequences or claims arising from or in connection with the services provided by such third party service providers. You hereby disclaim and waive any rights and claims you may have against us with respect to goods or services or content of a third party service provider.

  1. RESPONSIBILITIES OF THE COMPANY

    10.1) While the Company endeavors to provide the TNL English Services on par with industry standards and technology support at all times, the Company assumes no responsibility, and shall not be liable for, any damages caused by viruses, trojans or any other form of malware, adware and other malicious programs that may infect your computer system, mobile phone or any hardware or software used by you to access or use the Application and which may have an adverse impact on your experience of browsing the Application. You are expected to use adequate anti-virus software and firewalls in your device to guard against possible attacks by all kinds of malicious software.

    10.2) The Company regularly undertakes feedback of the users relating to the use of the Application and TNL English Services and the Company endeavours to improve the Application and TNL English Services based on such feedback at regular intervals. However, the Company does not assure that feedback of all users will be accommodated while performing changes to the Application and the TNL English Services.

    10.3) The Company shall be responsible to retrieve your information or data if such information or data is lost from the Application due to reasons solely attributable to the Company. However, the Company shall not be responsible in any manner for any direct, indirect, special or consequential damages, caused/arising out of any loss of your information or data provided to the Company due to (i) your non-compliance with these User Terms and the Privacy Policy; or (ii) reasons attributable to third party service providers which are providing Application related services to the Company.

    10.4) In the event you are facing any issues relating to the TNL English Services, you should reach out to the technical support team of the Company using the platform support tool or by sending an email at support@byjus.com.

  1. REPRESENTATION AND WARRANTIES

    11.1) THE TNL ENGLISH SERVICES ARE BEING PROVIDED TO YOU ON AN ‘AS IS WHERE IS’ BASIS. THE COMPANY DOES NOT PROVIDE ANY REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO THE APPLICATION OR THE APPLICATION SERVICES (INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, TIMELINESS, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). THE COMPANY DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY DATA, INFORMATION, CONTENT, INTELLECTUAL PROPERTY, AND DOCUMENTS PROVIDED TO YOU ARE FREE OF ERRORS OR DEFECTS, OR THAT THE AFOREMENTIONED WILL BE CORRECTED SUBSEQUENTLY. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE, LOSSES, INJURY, SUFFERED BY YOU, IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY TNL ENGLISH SERVICES.

  1. DISCLAIMERS

    2. 12.1) Due to the vagaries that can occur in the electronic distribution of information, there may be delays, omissions, or inaccuracies in the content provided on the Application or delay or errors in the functionality of any or all of the TNL English Services. While the Company endeavours to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability thereof for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

    12.2) The Company periodically conducts scheduled maintenance and upgradation exercises for the Application and the Application Services which may impact the performance of the Application and some functions and features may not be fully operational during those periods. For any maintenance and upgradation exercises involving a disruption in the usage of or accessibility to the TNL English Services for at least 8 (eight) hours or more, the Company will make reasonable efforts to provide you with a prior notification in respect of the same.

    12.3) While every effort is made by the Company to keep the Application up and running smoothly, the Company takes no responsibility for, and will not be liable for, the Application being temporarily unavailable due to technical issues beyond our control.

    12.4) You understand and agree that the use of the TNL English Services requires electricity, internet connectivity, working microphone, properly functioning device, and telecommunication links without which the TNL English Services will not be accessible. You shall bear the costs incurred to access and use the TNL English Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs. We will not be liable for any issues in the TNL English Services that arise directly or indirectly due to faulty or lack of electricity, internet connectivity, device, and/or telecommunication links.

    12.5) You understand, agree and acknowledge that:

    1. In the preparation of the Application Services and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything herein contained, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application.
    2. The usage of the TNL English Services is not endorsed as a substitution to a curriculum based education or learning provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The Company acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Application does not imply endorsement of any particular method nor exclusion imply disapproval. Use of the Application or usage of our TNL English Services does not in any manner guarantee admission to any educational institutions or passing of any examinations or tests or achievement of any specified percentage of marks in any examinations.
    3. The Company reserves the right at its sole discretion to remove, review, edit or delete any content. Further, we will not be responsible or liable for any content uploaded by Users directly on the Application, irrespective of whether we have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.
    4. You have not been induced by any statements or representations of any person with respect to the quality or conditions of the TNL English Services and that you have relied solely on the investigations, examinations and inspections as you have chosen to make and that the Company has afforded you with the opportunity for full and complete investigations, examinations and inspections.
    5. Certain contents in the Application may contain opinions and views. The Company shall not be responsible for such opinions or any claims resulting from them.
    6. the efficacy of the TNL English Services are dependent of the proper usage of the Application or the hand held device through which the Application is being accessed and the Company shall not be responsible for inaccurate, incomplete, or misleading data arising out of the usage of TNL English Services if the handheld device has been misused, incorrectly used, or not used in accordance with the user instructions.
  1. LIMITATION OF LIABILITY

    13.1) The Company shall not be liable for any losses or damages including any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of any of the TNL English Services.

    13.2) In the event of a technical issue arising due to reasons solely attributable to the Company, the Company shall resolve such issue within a reasonable time period from the day when such issue is brought to the notice of the Company, in any event no later than the time prescribed under applicable law. However, the Company shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the TNL English Services or your inability to access or use the TNL English Services due to your non-compliance with these User Terms and Privacy Policy; or (ii) any transaction or relationship between you and any third party service provider; or (iii) defaults of any third party service providers which are providing Application related services to the Company; or (iv) any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, pandemic, act of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to your mobile or storage device, crashes, breach of security and encryption.

    13.3) We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely in accordance with applicable law. However, we cannot be held liable in the, unlikely, event of a breach in our secure computer servers or those of third parties.

  1. INTELLECTUAL PROPERTY RIGHTS

    14.1) Subject to Clause 14.2 below, the Company is the sole owner of all Intellectual Property rights in the Application, and it is either the owner or the licensee of the materials/contents published therein (excluding the materials and contents published or uploaded by the users of the Application). Copying, downloading, storing, distributing, transmitting or otherwise modifying any content on the Application other than as provided in these User Terms for your personal use is prohibited and shall amount to an infringement of the intellectual property rights of the Company or the relevant licensor(s) under applicable laws. If you print off, copy or download any part of the Application in breach of the User Terms, your right to use the TNL English Services will cease immediately and you must, at your option, return or destroy any copies of the materials you have made.

    14.2) We may allow the posting, submission, or distribution of any Intellectual Property created by Users (“User-Generated Content”) on or through the TNL English Services. All rights to User-Generated Content, including all Intellectual Property Rights, shall remain the exclusive property of the User. By posting, submitting, or distributing User-Generated Content on or through the TNL English Services, you grant us royalty free, worldwide, perpetual and exclusive license to use, copy, distribute, download, display, transmit, and publish such User-Generated Content for the purposes of operating the TNL English Services, improving the TNL English Services, sharing or storing such User-Generated Content with third parties in accordance with the User Terms and the Privacy Policy, in all formats, on or through any medium now known or hereafter developed, and with any technology or devices now known or hereafter devised.

    14.3) All rights not otherwise claimed under the User Terms and Privacy Policy are hereby reserved.

    14.4) Collins Primary Learners English Dictionary (text and audio) © HarperCollins Publishers 2020

    14.5) Collins Schools Dictionary © (text and audio) HarperCollins Publishers 2019

  1. CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS

    By clicking the “I agree” option, you consent to receive communications, notices and information from us electronically, whether sent by e-mail, messaging services, or through other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication at the email address/ mobile number provided by you and maintained in our records, or when we post the electronic communication on the Application. Further, you agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  1. TERMINATION

    We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the TNL English Services if you breach any of the User Terms. Upon any such suspension, deactivation, or termination, we may, at our own discretion, delete or remove your information related to your account on the Application.

    You may terminate your account at any time by contacting the technical support team of the Company by sending an email to support@byjus.com. Please note that upon termination of your account on the Application, the Company may retain your information for such time period as is reasonably required for the purposes for which the information may lawfully be used or is otherwise required under any law for the time being in force.

  1. CHOICE OF LAW AND DISPUTE RESOLUTION

    The User Terms, the Privacy Policy and your use of the Application shall be governed by, and construed in accordance with, the laws of India, including without limitation the Indian Contract Act, 1872, Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder (including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and the Information Technology (Intermediaries Guidelines) Rules, 2011) and without reference to principles of conflicts of law. The courts or tribunals at Bangalore shall have exclusive jurisdiction over any dispute arising from or relating to the User Terms, Privacy Policy, or your use of the TNL English Services. You expressly consent to the jurisdiction of the said courts/tribunal and irrevocably waive any objection now or in future, to such jurisdiction based on forum non convenience or any other basis.

  1. INDEMNITY

    You agree to defend, indemnify and hold harmless the Company, its affiliates, independent contractors, service providers, consultants, licensors, agents and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/ or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) your access to or use of the TNL English Services; (b) your violations of any of the User Terms; (c) your violation of any rights of any third party, including infringement of their intellectual property rights; and/or (d) your conduct in connection with the TNL English Services.

  1. SEVERABILITY

    If any provision of the User Terms, or the Privacy Policy is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the User Terms or the Privacy Policy, as the case may be, and shall not affect the validity and enforceability of any of the remaining provisions.

  1. GENERAL CONDITIONS

    20.1) Save and except for as set out in clause 9 above and the Privacy Policy, we do not own, sell, resell, furnish, provide, prepare, manage and/ or control any third party service provider or the goods or services provided by such service provider.

    20.2) We may subcontract any part or parts of the TNL English Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under the User Terms and Privacy Policy without your consent or any requirement to notify you.

    20.3) Users shall not collect or harvest any personally identifiable information from the Application, use communication systems provided by the Application for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Application with respect to their submissions to the Application, or publish or distribute any vouchers or codes in connection with the Application, or scrape or hack the Application.

    20.4) No delay or failure on our part to enforce our rights or remedies under the User Terms and Privacy Policy shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

    20.5) The rule of construction, if any, that a contract should be interpreted against the parties responsible for the drafting and preparation thereof shall not apply.

    20.6) All dealings, correspondence and contacts between you and the Company shall be made or conducted in the English language.

  1. COMPLAINTS

    We are committed to providing excellent user experience. Therefore, we attend to User complaints with diligence. We aim to respond to your complaints within a reasonable period, in any event no later than the time period prescribed by applicable law. All complaints and feedback should be addressed to the following email address: support@byjus.com.

PRIVACY POLICY

  1. INTRODUCTION

    2. The Company understands and recognizes your right to confidentiality and is committed to protecting and preserving your privacy. The Privacy Policy forms an integral part of the User Terms. Subject to the provisions of this Privacy Policy and applicable law, the Company may collect, receive, store, deal in, handle and share Personal Information (as defined hereinafter) including Sensitive Personal Data (as defined hereinafter) and Non-Personal Information (as defined hereinafter) pertaining to the Users of the Application and the Application Services. The Privacy Policy outlines the information the Company may process and/ or use to improve the User experience while using the Application. Pursuant to such commitment, the Company has developed the Privacy Policy for the handling of or for dealing in the aforementioned information.

  1. DEFINITIONS

    2. Key Definitions: For the purposes of this Privacy Policy, unless the context otherwise requires:

    1. “Account” shall mean the online account created on the Application by the User in accordance with the User Terms;
    2. “Force Majeure Event” shall mean any event that is beyond our reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, pandemics, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to your mobile or storage device, crashes, breach of security and encryption, power or electricity failure or unavailability of adequate power or electricity, any unauthorized act of third party service provider engaged by the Company in accordance with the User Terms and this Privacy Policy;
    3. “Information” shall mean collectively Non-Personal Information (as defined below) and Personal Information (as defined below);
    4. “Non-Personal Information” shall mean and include:
      1. internet protocol address of the User;
      2. details of the User’s telecom service provider or internet service provider;
      3. the operating system of the device;
      4. unique identifiers, which are used to collect and store information about an app or device, such as preferred language, reading and search history, and other settings;
      5. Application version number;
      6. device information, such as hardware model and operating system version; or
      7. clickstream data relating to your activity on the Application, including but not limited to the duration of your stay on the Application, date and time of your access of the Application.
    5. “Personal Information” means any information relating to the Users which, either directly or indirectly, in combination with other information available or likely to be available with the Company, is capable of identifying such Users and includes Sensitive Personal Data (as defined below) of the User and shall include any voice memos, dictations, audio files, speech and other sounds provided by the User to the Company, or which the Company gains access to pursuant to or in connection with the User using the TNL English Services;
    6. “Sensitive Personal Data” in relation to a User means personal data or information of a User which consists of information relating to:
      1. password;
      2. financial information such as bank account or credit card or debit card or other payment instrument details;
      3. biometric information;
      4. any detail relating to the above clauses as provided to the Company for providing TNL English Services; and
      5. any information received under the above clauses by the Company for processing, or stored or processed under lawful contract or otherwise:

        provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as Sensitive Personal Data or Personal Information for the purposes of this Privacy Policy; and

      6. “Third Party” refers to any person or entity other than you or the Company.

    All capitalized terms used but not defined herein shall have the meaning as assigned to it under the User Terms.

  1. INFORMATION COLLECTION
    1. The Company obtains the Information (including Personal Information) when you download, register, or use any of the TNL English Services provided by the Company. When you register with the Company on the Application, you generally provide (a) your name, email address, phone number, grade and gender; (b) at the time of responding to any offers from us, transaction-related information; (c) information that is typically provided when you contact us for help/ assistance; (d) other information you enter or upload into our system when using the Application. The above mentioned information is necessary to allow the Company to operate the Application and provide the TNL English Services to the Users. Without it, we may not be able to provide you with all the requested TNL English Services which could result in you not being able to use the Application (or any part thereof).
    2. In addition, the Application may collect certain Information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, advertising ID, your mobile operating system, and the type of mobile internet browsers you use.
    3. We may collect usage information about your use of our TNL English Services, including but not limited to the number of exercises you have attempted on the Application, the number of videos you have viewed, the amount of time spent to complete an exercise. This enables us to better tailor educational experiences that are most appropriate for you.
    4. In order to provide a personalized learning and high-quality experience for our Users, we may use various technologies that automatically record certain technical information from your browser or device when you visit or access the Application, read our emails, use our TNL English Services or otherwise engage with us. This information is typically collected through a variety of tracking technologies, including cookies, web beacons, flash objects, log files, and similar technology (collectively, “Tracking Technologies”). These Tracking Technologies collect information about how you use the TNL English Services (such as the pages you view, the links you click, and other actions you take on the TNL English Services). We may collect analytics data, or use Third Party analytics tools, to help us measure traffic and usage trends for the Application and to understand more about the demographics of our Users. We may also work with third party partners to employ technologies that assist us in providing the TNL English Services and enhances the User experience. Any third party services used by the Company shall be governed by their respective terms of use and privacy policy.
    5. When you use the TNL English Services, the things that you say or dictate (including any Information you provide) may be sent to the Company and such data collected by the Company may be stored by the Company on its servers or any cloud based platform operated by any Third Party, in accordance with applicable law and their privacy policy.
    6. If you have location tracking or geo-tracking services turned on, the location of your device at the time you make a request may also be sent to the Company to help the Company improve the accuracy of its response to your requests.
  1. PURPOSES OF COLLECTING, STORING AND USING YOUR INFORMATION AND THE MANNER OF SUCH USAGE

    The Company uses, stores, and processes Information, including Personal Information, about you for the following purposes:

    1. Use the Information to provide, develop, enhance and improve the TNL English Services, conduct relevant research, create internal guidelines for content creation, and record and register geographic influences of the TNL English Services.
    2. The Information collected is used for internal operational purposes such as spam and abuse prevention, enforcing content license restrictions, determining preferred language, and providing and improving the TNL English Services.
    3. To offer Users personalized content based on the search history, key words used in navigating the Application and usage history of the Application.
    4. Provide Information (including any voice memos, dictations, speech, sounds, or data) collected on the Application to third parties (without any reference to non-anonymized details provided by you for using the TNL English Services, such as, your name, email address or phone number) who are working with the Company (i) to operate (including analyzing data), improve and enhance the features and experiences on the TNL English Services, and (ii) for relevant research and analytics on the TNL English Services or in connection with the services provided by such third parties, which may be by way of providing access to the data on the Company’s server located in India and/ or transferring the data to the servers of such third parties [located in India.

      Further, notwithstanding anything to the contrary contained herein, you may at any time choose to provide a written notice to the Company to revoke the consent given by you to share Information with third parties who are working with the Company. Upon receipt of such notice, we may not be able to continue to provide you with the TNL English Services. Please note that the Company shall not be responsible or liable in any manner whatsoever for any actions of any third parties that receive the Information.

    5. We may contact you via email, SMS, multimedia message service (MMS) or other forms of communication for inter alia collecting feedback in relation to the Application and the use of the TNL English Services or sharing information with you about certain promotions or features in relation to the Application. You may receive such communication when you have registered as a user of the Application.
    6. If we are involved in a merger, acquisition, due diligence, reorganization, bankruptcy or liquidation where the business will not continue as a going concern, receivership, sale of the Company’s assets, or transition of the TNL English Services to another provider, then your information may be transferred as part of such a transaction as permitted by law and/ or contract. The use of your Personal Information following any of these events will be governed by the provisions of this Privacy Policy in effect at the time the applicable Personal Information was collected.
  1. STORAGE AND PROCESSING OF YOUR INFORMATION
    1. Your Information will primarily be stored in electronic form.
    2. We may enter into agreements with third parties (within or outside of India) to store or process your Information, subject to applicable law. These third parties may have their own security standards to safeguard your Information and we will, on commercially reasonable basis, require such third parties to adopt reasonable security standards to safeguard your Information, as per the requirements of applicable laws.
    3. Currently, we plan to retain user Information while an Account is active and for such time period as is reasonably required for the purposes for which the Information may lawfully be used or is otherwise required under law for the time being in force. We may alter this practice according to legal and business requirements. For example: we may increase the retention period for some Information if needed to comply with applicable law or internal policies.
  1. SHARING AND DISCLOSURE OF YOUR INFORMATION
    1. You hereby unconditionally agree and permit that the Company may transfer, share, disclose or part with all or any of your Information, within and outside of the Republic of India to (i) various group entities, third party service providers (without any reference to persona or identity) for one or more of the purposes set forth in clause 4, (ii) government agencies upon directions of such agency, or (iii) to any other third party as may be required under applicable law. In case of any Personal Information so transferred, shared, disclosed or parted with, we will contractually oblige the receiving parties of the Information to ensure the same level of data protection adopted by the Company is adhered to by the receiving party, subject to applicable law.
    2. You acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that when the Company transfers your Information, in accordance with the provisions of this Privacy Policy, to any other entity within or outside your country of residence, the Company will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.
    3. The Company may transfer/ disclose/ share Information (other than Sensitive Personal Data) to third parties who support our business, such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys. Such transferees shall adhere to confidentiality obligations consistent with their privacy policy and the use purposes .
    4. The Company may also share Personal Information with such third parties to whom the Company believes it is necessary to do so in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
    5. We reserve the right to disclose your Information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
  1. SECURITY
    1. The security of your Personal Information is important to us. The Company strives to ensure the security of your Personal Information and to protect your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, the Company adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate anonymization, encryption and physical security measures to guard against unauthorized access to systems where the Company stores your Personal Information. The Company adopts reasonable security practices and procedures as mandated under applicable laws for the protection of your Information. Provided that your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and you hereby waive and release all the Company entities from any claim of damages under contract or under tort, to the extent permissible under applicable laws.
    2. The Company limits access to Information to those employees, agents, contractors and other third parties on a need-to-know basis, i.e. who need the access in order to fulfil the tasks and duties relating to service provision. All service providers are permitted to process the Information based on the Company’s instructions, and they are subject to a duty of confidentiality and are required to be compliant and demonstrate compliance with applicable data protection laws.
    3. Information shared by the Company with third parties are subject to confidentiality agreement which inter alia provides that such third parties shall not disclose the Information further unless such disclosure is for the purposes set forth in clause 4. However, the Company is not responsible for any breach of security or for any actions of any third parties that receive your Personal Information.
    4. Notwithstanding anything contained in this Policy or elsewhere, to the extent permissible under applicable laws, the Company shall not be held responsible for any loss, damage or misuse of your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event.
    5. While we will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which we hold about you and prevent unauthorized access, you acknowledge that the internet or computer networks are not fully secure and that we cannot provide any absolute assurance regarding the security of your Personal Information.
  1. YOUR RIGHTS

    You may exercise any of the rights described in this section by sending an email to support@byjus.com. Please note that we may ask you to verify your identity before taking further action on your request.

    1. Managing Your Information.

      You may contact us at the email address provided below to review your information or update, correct or amend your inaccurate, deficient or incomplete information, concerning you on the Account and we will make reasonable efforts to update the same (to the extent reasonably feasible for the Company).

    2. Consent; Withdrawing Consent and Restriction of Processing.

      We believe that every user of Application must be in a position to provide an informed consent prior to providing any Information required for the use of the Application. By registering with us, you are expressly consenting to our collection, processing, storing, disclosing and handling of your Information as set forth in this Privacy Policy.

      Where you have provided your consent to the processing of your Personal Information by the Company you may withdraw your consent by sending a communication to our email address at support@byjus.com specifying in reasonable detail the consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. If you withdraw your consent and restrict processing of any Personal Information, the Company may not be able to provide you with the TNL English Services (or any part thereof) and you may be required to cease to use the TNL English Services (or any part thereof).

      Please note that if you withdraw your consent to process your information in accordance with the Privacy Policy:

      • We may retain some of your Personal Information as necessary for protecting our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an Account for fraud or safety reasons, we may retain certain information from that Account to prevent that User from opening a new Account in the future.
      • We will not be required to delete any information which has been anonymized, de-identified or disassociated with personal identifiers such that it can no longer be used to reasonably identify a particular individual.
      • The Company will not be able to provide you with the TNL English Services (or any part thereof) and you should cease and desist from using the TNL English Services
    3. Lodging Complaints.

      You have the right to lodge complaints about the data processing activities carried out by the Company before the competent data protection authorities.

  1. Grievance Officer
    1. If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of your Personal Information under this Privacy Policy or any terms of User Terms, and other terms and conditions or policies of the Company, please contact the following:

      Mr. Pravin Prakash, the designated grievance officer under Information Technology Act, 2000

      Address: 4/1, Tower D, 2nd Floor, IBC Knowledge Park, Bannerghatta Main Road, Bangalore – 560029, Karnataka, India.

      E-mail: pravin@byjus.com

      Working Days: Monday to Friday (except on national/ state holidays)

      Working Hours: 10 AM to 6 PM

    2. We will strive to address your feedback and concerns in a timely and effective manner. The details of the grievance officer may be changed by us from time to time by updating this Privacy Policy.