INTRODUCTION

1.1

Think & Learn Private Limited (hereinafter referred to as “we”, “our,” “us”, or “Company”) is engaged in the business of providing online educational services under the brand ‘BYJU’S’.

1.2

This document sets out the terms and conditions (the “User Terms”) which govern the use of the website www.byjus.com (“Website”).

1.3

Key Definitions Unless the context otherwise requires:

1. 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 Website (including but not limited to tests, content formats, game formats, algorithms, characters, curricula, reports, dashboards), shall collectively hereinafter be referred to as “Intellectual Property”
2. any user of the Website 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”.

ELIGIBILITY

2.1

The use of the Website is available only to those individuals who can enter into legally binding contracts under applicable law. Additionally, you cannot access or use the Website if you are barred from receiving the Website under any applicable law or have previously been barred from using the Website. The Website isintended to be made available globally.

2.1

Important note to Children):If you area minor or a child in the jurisdiction you are accessing the Website from, you may use the Website with the prior consent and agreement of a parent or a legal guardian to these User Terms. If minor or a child in the jurisdiction you are accessing the Website from (“Child User”) and are using the Website without a parent or legal guardian’s consent, please immediately stop using the Website until one of your parents or legal guardian approve and consent to the usage of the Services in accordance with the User Terms.

2.1

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 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 Website by the Child User. Further, you hereby covenant that you will cause the Child User to use the Website strictly in accordance with the User Terms 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.

BINDING AGREEMENT

3.1

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

3.2

As long as you comply with the User Terms, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website on a non-commercial basis.

3.3

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.

3.4

From time to time the Website may also include links to other websites. These links are provided for your convenience to access further information and access to the other websites. Each website will have its own set of terms and conditions and privacy policies.

MODIFICATION

We reserve the right to modify/ update the whole or any part of the User Terms at any time by providing you with a 24 (twenty four) hours’ notice. Notwithstanding what is stated in the preceding sentence, it is your responsibility to review the User Terms for modifications/ updates and analyze its impact on yourself. In the event that any update/ modification to the User Terms 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 Website (or any portion thereof). Your continued use of the Website (or a part thereof) will be deemed to mean that you accept and agree to be bound by such modified/ updated User Terms.

SUBMISSION OF INFORMATION

5.1

The Company authorizes you to access the Website solely for the purpose of getting information on BYJU’S and you expressly agree and acknowledge that you shall not use it for any other purpose.

5.2

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

USER COVENANTS

6.1.

By using the Website you agree and acknowledge that:

1. you will use any or all of the Website provided by the Company only for the purposes that are permitted by and are in accordance with (a) the User Terms, and (b) applicable law, and not for any fraudulent purposes or with a view to cause nuisance, annoyance or inconvenience;
2. any and all of your communications with the Company, for any reason or purpose whatsoever, may be recorded by the Company for evidentiary, quality and/or training purposes; and
3. you are solely responsible for any breach of the User Terms 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).

6.2.

As mandated by the Information Technology (Intermediaries Guidelines) Rules, 2011, and to the extent it is applicable to the User Terms, 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 or will be in breach of your confidentiality obligations with a third party;
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, trojans, worms, spywares, time bombs, cancelbots, ‘spiders’, ‘offline readers’, or any other computer code, files or programs designed to damage, disable, overburden, impair, interrupt, destroy or limit the functionality of any computer resource; and
9. threatens the unity, integrity, defence, security or sovereignty of the country you reside in, 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.

6.3.

You are also prohibited from:

1. violating or attempting to violate the integrity or security of the Website;
2. transmitting any information on or through the Website that is disruptive to Company;
3. intentionally submitting on the Website any incomplete, false or inaccurate information;
4. making any unsolicited communications to other Users of the Website;
5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
6. copying or duplicating in any manner any of the information available on the Website;
7. creating derivative works from, transferring, or selling any information or software available as part of the Website;
8. framing or hotlinking or deep linking any contents from the Website;
9. accessing or tampering with the non-public areas of the Website and the Company’s computer systems, or the technical delivery systems of its providers;
10. testing the vulnerability of the Website or breaching any security or authentication measures implemented by the Company;
11. accessing the Website through the use of any mechanism other than through the Website; and
12. selling access to, advertising or placing promotions on the Website, in any form or manner whatsoever.

6.4.

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 6.2 and/or Clause 6.3 above, shall be entitled to disable such information that is in contravention of Clause 6.2 and/or Clause 6.3 and the Company shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.

THIRD PARTY SERVICES

7.1

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.

RESPONSIBILITIES OF THE COMPANY

8.1

While the Company endeavors to provide the Website 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 Website and which may have an adverse impact on your experience of browsing the Website. 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.

8.2

The Company regularly undertakes feedback of the users relating to the use of the Website and the Company endeavours to improve the Website 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 Website.

8.3

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

REPRESENTATION AND WARRANTIES

9.1

THE WEBSITE IS 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 WEBSITE (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 WEBSITE 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 WEBSITE should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. 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 WEBSITE.

DISCLAIMERS

10.1

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 Website or delay or errors in the functionality of the Website. 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.

10.2

The Company periodically conducts scheduled maintenance and upgradation exercises for the Website which may impact the performance of the Website and some functions and features may not be fully operational during those periods. Such maintenance and upgradation exercises will be conducted with the Company making reasonable efforts to provide you with a prior notification in respect of the same.

10.3

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

10.4

You understand and agree that the use of the Website requires electricity, internet connectivity, properly functioning device, and telecommunication links without which the Website will not be accessible. You shall bear the costs incurred to access and use the Website 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 Website that arise directly or indirectly due to faulty or lack of electricity, internet connectivity, device, and/or telecommunication links.

10.5

You understand, agree and acknowledge that:

1. In the preparation of the Website 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 on the Website.
2. The efficacy of the Website is dependent of the proper usage of the Website or the hand held device through which the Website is being accessed and the Company shall not be responsible for inaccurate, incomplete, or misleading data arising out of the usage of the Website if the handheld device has been misused, incorrectly used, or not used in accordance with the user instructions.

LIMITATION OF LIABILITY

11.1

In no event will the Company, its officers, directors, employees, partners or agents shall 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 the Website.

11.2

In the event of a technical issue arising due to reasons solely attributable to the Company, the Company shall strive to 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 Website or your inability to access or use the Website due to your non-compliance with these User Terms; 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 the Website 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 device or storage device, crashes, breach of security and encryption.

INTELLECTUAL PROPERTY RIGHTS

12.1

Subject to Clause 12.2 below, the Company is the sole owner of all Intellectual Property rights on the Website, 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 Website . Copying, downloading, storing, distributing, transmitting or otherwise modifying any content on the Website other than as made available by the Company and/ or 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, copy or download any part of the Website in breach of the User Terms, your right to use the Website will cease immediately and you must, at your option, return or destroy any copies of the materials you have made.

12.2

All rights not otherwise claimed under the User Terms are hereby reserved.

TERMINATION

CHOICE OF LAW AND DISPUTE RESOLUTION

INDEMNITY

SEVERABILITY

GENERAL CONDITIONS

12.1

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.

12.1

We may subcontract any part or parts of the Website 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 without your consent or any requirement to notify you.

12.1

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

12.1

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.

12.1

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

COMPLAINTS