PRIVACY POLICY

  1. INTRODUCTION
    1. Think & Learn Private Limited (the “Company”, “us”, “we”, or “our”) understands and recognizes your right to confidentiality and is committed to protecting and preserving your privacy. 
    2. Pursuant to such commitment, the Company has developed this Privacy Policy for the handling of or for dealing your and/or a Child User’s Information, as defined and provided hereunder. 
    3. This Privacy Policy applies to and governs the use of the Company’s handheld companion learning device (“BYJU’S Tablet”) and the applications made available thereunder (other than ‘Disney Byju’s Early Learn App’) (“Applications”) by the Company, which will contain third-party/ our affiliates’ applications, and any other data or content whether pre-installed, downloaded or accessed via internet or through an external device, such as a secure digital (“SD”) card, and whether owned by the Company, its affiliated companies, or third party suppliers and licensors.
    4. Subject to the provisions of this Privacy Policy, the applicable user terms and all applicable laws, the Company may collect, receive, store, deal in, handle and/or share Personal Information (as defined hereinafter) including Sensitive Personal Data (as defined hereinafter) and Non-Personal Information (as defined hereinafter) pertaining to the Users and/or Child Users online and/or offline use of the Services. This Privacy Policy outlines the Information the Company may process and/or use to improve the User and/or Child User experience while using the Services. 
    5. Every User (on their behalf and/or on behalf of a Child User) of the Services(as defined hereinafter) must be in a position to provide informed consent prior to providing any Information required for the use of the Services. You agree that by registering with us, you (on behalf of yourself and/or a Child User) consent to us collecting, receiving, storing, possessing, dealing with, sharing and/or handling your and/or a Child User’s Information in accordance with the terms of this Privacy Policy. Accordingly, you are required to read and understand this Privacy Policy, along with such other terms and conditions (as specified in Clause 13 of this Privacy Policy), as may be applicable to your and/or a Child User’s use of the Services, before submitting any Information. Please note that your and/or a Child User’s access to the Services is conditional upon your consenting to this Privacy Policy. Please further note that if you are a Child User, please immediately stop using the Services until your parent or legal guardian approves and consents to the usage of the Services in accordance with the Privacy Policy and the applicable terms and conditions relating to use of the Services. 

  1. DEFINITIONS 

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

    1. “Account” shall mean the account created on the Platform by or on behalf of the User for use of the Services.
    2. “Child User” means a minor under the age of 18 (eighteen years) who shall only use the Services and/or provide Information for use of the Services with the prior consent, knowledge and agreement of their parent or legal guardian to the Privacy Policy and such other terms and conditions, as may be applicable to the Services and as specified in Clause 13 of this Privacy Policy.
    3. “Force Majeure Event” shall mean any event that is beyond the 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/and or a Child User’s BYJU’S Tablet or storage device, crashes, breach of security and encryption, power or electricity failure or unavailability of adequate power or electricity, or any unauthorized act of third party service provider engaged by the Company in accordance with this Privacy Policy.
    4. “Information” shall mean collectively Non-Personal Information (as defined below) and Personal Information (as defined below).
    5. “Non-Personal Information” shall mean and include:
      1. details of the User’s and/or Child User’s telecom service provider or internet service provider;
      2. the type of internet browser used by the User and/or Child User;
      3. the operating system of the BYJU’s Tablet; 
      4. the website you and/or a Child User last visited before visiting the Platform;
      5. unique identifiers, which are used to collect and store information about an app or the BYJU’s Tablet, such as preferred language, reading and search history, and other settings;
      6. Application version number;
      7. User’s and/or Child User’s BYJU’s Tablet, information, including but not limited to hardware model information (other than IMEI number); 
      8. clickstream data relating to your and/or a Child User’s activity on the Platform, including but not limited to the duration of your and/or a Child User’s stay on the Platform, date and time of your and/or a Child User’s access of the Platform.
    6. “Personal Information” means any information relating to the Users and/or Child 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/or Child Users, and includes Sensitive Personal Data (as defined below) of the User and/or Child User. Personal Information shall include, for example, name, mobile number, IMEI number, the internet protocol address and/or geographic location of the User and/or Child User, any files consisting of audio, visual, and/or audio-visual information provided by the User and/or Child User to the Company, or which the Company gains access to pursuant to or in connection with the User and/or Child User using the Platform Services.
    7. “Platform” means the Application and the BYJU’s Tablet and shall include any and all associated firmware, applications, software, websites, APIs, products, and services that are connected to the Platform.
    8. “Platform Services” means all services and content provided by the Company on any of the Platforms (including through an SD card, any reports, information, market place offerings, blogs, videos and any educational and academic material and content), whether free or paid.
    9. “Sensitive Personal Data” in relation to a User and/or Child User means personal data or information of a User and/or Child User which consists of information relating to: 
      1. passwords;
      2. financial information such as bank account, or credit card or debit card, or any other payment instrument details;
      3. any detail relating to the above clauses as provided to the Company for providing Services; and

      4. any information received under the above clauses by the Company for processing, or stored or processed by the Company 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 for the purposes of this Privacy Policy; 

    10. “Services” means the Platform and the Platform Services owned, developed, distributed, or offered by the Company to the User. 
    11. “Third Party” refers to any person or entity other than you or the Company.
    12. “User” (or, “you”, “your”, and “yourself”) means any user of the Services who is aged 18 (eighteen) years or above or, where applicable, is the parent or legal guardian of a Child User.
  1. INFORMATION COLLECTION
    1. The Company obtains the Information (including Personal Information) when you and/or the Child User purchases, downloads, registers, accesses or uses any of the Services provided by the Company. When you register with the Company or you and/or the Child User access the Platform, you generally provide (a) your and/or a Child User’s name, email address, phone number, grade and location; (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; and (d) other information you and/or a Child User enters or uploads into our system when using the Platform. The above-mentioned information is necessary to allow the Company to operate the Platform and provide the Services to Users and/or Child Users. Without it, we may not be able to provide you and/or a Child User with all the requested Services, which could result in you and/or a Child User not being able to use the Platform (or any part thereof). 
    2. In addition, the Platform may collect certain Information automatically, including, but not limited to, the handheld device’s unique device ID, the IP address of such handheld device, such handheld device’s operating system, and the type of internet browsers you and/or a Child User uses.
    3. We may collect usage information about your and/or a Child User’s use of our Services, including but not limited to the number of tests, exercises you and/or a Child User has attempted on the Platform, the number of videos you and/or a Child User has viewed, the campaigns, journeys, quizzes, live classes, conversations, games, interactive questions you and/or a Child User participates in, and the amount of time spent to complete an exercise on the Platform. This enables us to better tailor educational experiences that are most appropriate for you and/or a Child User.
    4. In order to provide a personalized learning and high-quality experience for our Users and/or Child Users, we may use various technologies that automatically record certain technical information from your and/or a Child User’s browser when you and/or a Child User visits or accesses the BYJU’S Tablet, read our emails, use our 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 and/or a Child User uses the Services (such as the pages viewed, the links clicked, and other actions taken on the Services). We may collect analytics data, or use third party analytics tools, to help us measure traffic and usage trends for the Platform and to understand more about the demographics of our Users and/or Child Users. We may also work with third party partners to employ technologies that assist us in providing the 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, as well as any applicable laws. 
    5. When you and/or a Child User uses the Services, any Information you provide may be sent to the Company, and such Information 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 laws and their privacy policy. 
    6. If you and/or a Child User has location tracking or geo-tracking services turned on, the location of the BYJU’s Tablet at the time you and/or a Child User makes a request may also be sent to the Company to help the Company improve the accuracy of its response to such requests.

  1. INFORMATION YOU CHOOSE TO GIVE THE COMPANY

    You may choose to (on behalf of yourself and/or a Child User) provide the Company (through the Platform) with additional Personal Information in order to obtain a better user experience when using Platform. This additional Personal Information will be processed based on your consent.

    1. Additional Profile Information. You may choose to provide additional information as part of your and/or a Child User’s profile (such as school details, gender, division of class, roll number etc.).
    2. Other Information. You may (on behalf of yourself and/or a Child User) otherwise choose to provide us information when you and/or a Child User fills in a form, conducts a search, updates or adds information to your Account, respond to surveys, posts to community forums, participates in promotions, or uses other features of the Platform (including the camera features and functionalities of the BYJU’s Tablet). Please note that if you and/or a Child User discloses Personal Information when responding to surveys, posting on community forums, participating in promotions, or using any other feature/ functionalities of the Platform, you (on behalf of yourself and/or a Child User) do so at your own risk and that such Personal Information may become publicly available. 
    3. Non-Personal Information: The Company may also collect Non-Personal Information via various ways, including through use of cookies. 

  1. COOKIE POLICY

    1. A cookie is a small file which asks permission to be placed on a computer’s or device’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your and/or a Child User’s needs, likes and dislikes by gathering and remembering information about your and/or a Child User’s preferences.
    2. We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve the Platform in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
    3. Overall, cookies help us provide you and/or a Child User with a better Platform, by enabling us to monitor which webpages you find useful and which you do not. A cookie in no way gives us access to your and/or a Child User’s BYJU’s Tablet or any Information about you and/or a Child User, other than the data shared with us. You (on behalf of yourself and/or a Child User) can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies, if you prefer. Please refer to your web-browser provider or system guide for detailed information on disabling cookies. However, in case you choose to disable the cookies, you and/or a Child User may be prevented from taking full advantage of the Platform.

  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 and/or a Child User for the following purposes:

    1. To use the Information to provide, develop, enhance and improve the Services, conduct relevant research, create internal guidelines for content creation, and record and register geographic influences of the 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 Services.
    3. To offer Users and/or Child Users personalized content based on the search history, and key words used in navigating the Platform, as well as usage history of the Platform.

    4. To provide Information collected on the Platform to Company’s affiliates, other third parties, including those who are working with the Company (i) to operate (including analyzing data), improve and enhance the features and experiences on the Services, and (ii) for relevant research and analytics on the Services or in connection with the services provided by such third parties, which may be by way of providing access to the Information on the Company’s servers and/or transferring the Information to the servers of such third parties.

      Further, notwithstanding anything to the contrary contained herein, you may (on behalf of yourself and/or a Child User) 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 and/or a Child User with the Services (or any part thereof). 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 tele-call, email, SMS, multimedia message service (MMS) or other forms of communication for, inter alia, informing you of new service/ product offerings, and collecting feedback in relation to the Platform and the use of the Services, or sharing information with you about certain promotions or features in relation to the Platform. You may receive such communication when you have registered as a User of the Platform. 
    6. If we are involved in a merger, acquisition, due diligence, reorganization, bankruptcy or liquidation where the Company’s business will not continue as a going concern, receivership, sale of the Company’s assets, or transition of the Services to another provider, then your and/or a Child User’s Information may be transferred as part of such a transaction as permitted by applicable laws and/or contract. The use of your and/or a Child User’s Information following any of these events will be governed by the policies in effect at the time the applicable Information was collected.

  1. STORAGE AND PROCESSING OF YOUR INFORMATION

    1. Your and/ or a Child User’s Information will primarily be stored in electronic form. However, certain data may also be stored in physical form. 
    2. We may enter into agreements with third parties (within or outside of India) to store or process your and/or a Child User’s Information, subject to applicable laws. These third parties may have their own security standards to safeguard this Information and we will, on commercially reasonable basis, require such third parties to adopt reasonable security standards to safeguard this Information, as per the requirements of applicable laws. Please note that by agreeing to this Privacy Policy, you (on behalf of yourself and/or a Child User) hereby agree to and permit the sharing your and/or a Child User’s Information with such third parties for storage and processing purposes.
    3. Currently, we plan to retain User and/or Child User Information while an Account is active and for such time period thereafter as is reasonably required for the purposes for which the Information may lawfully be used or is otherwise required under applicable laws 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 laws or internal policies. 

  1. SHARING AND DISCLOSURE OF YOUR INFORMATION

    1. You (on behalf of yourself and/or a Child User) hereby unconditionally agree and permit that the Company may transfer, share, disclose or part with all or any of your and/or Child User’s Information, within and outside 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 6, (ii) government agencies upon directions of such agency, or (iii) to any other third party as may be required under applicable laws. In case of any Personal Information so transferred, shared, disclosed or parted with, we will seek to, as may be required under applicable laws, contractually require 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 laws. 
    2. You (on behalf of yourself and/or a Child User) acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that when the Company transfers your and/or a Child User’s Information, in accordance with the provisions of this Privacy Policy, to any other entity within or outside your country of residence, the Company will seek to place contractual requirements 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. The Company will seek to place contractual requirements on such transferees to adhere to confidentiality obligations consistent with this Privacy Policy. 
    4. The Company may also disclose Personal Information with such third parties, or otherwise to enforce this Privacy Policy, or when 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, including any User and/or Child User, violations of various terms and conditions or our policies, including this Privacy Policy. 
    5. We reserve the right to disclose your and/or a Child User’s Information when required to do so by applicable laws or regulations, or under any legal obligation or order under applicable laws, 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 protect our rights, safety and property, or establish or exercise our legal rights or defend against legal claims.
    6. We do not sell, trade or share your and/or a Child User’s Information to any third party (except subsidiaries/affiliates of the Company for related offerings) unless, we have been expressly authorized by you either in writing or electronically to do so. 

  1. SECURITY 

    1. The security of your and/or a Child User’s Personal Information is important to us. The Company strives to ensure the security of this Personal Information and to protect it against unauthorized access or unauthorized alteration, disclosure, loss, misuse or destruction. The Company adopts reasonable security practices and procedures, including physical, managerial, operational and technical security measures, as mandated under applicable laws for the protection of your and/or a Child User’s Personal Information. Provided that your right to claim damages shall be limited to the right to claim only statutory damages under the Information Technology Act, 2000 and you (on behalf of yourself and/or a Child User) hereby waive and release the Company and all the Company’s 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., those 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 6. 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 Privacy 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 and/or a Child User’s 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 and prevent unauthorized access or disclosures, 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 and/or a Child User’s Personal Information.

  1. YOUR RIGHTS 

    You may (on behalf of yourself and/or a Child User) 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. Rectification of Inaccurate or Incomplete Information.

      You may contact us at the email address provided above to review your and/or a Child User’s Personal Information and/or update, correct or amend inaccurate, deficient or incomplete Personal Information, and we will make reasonable efforts to update the same (to the extent feasible for the Company).

      Please note that while you have the right to ask us to correct inaccurate, deficient or incomplete Personal Information concerning you and/or a Child User (and which you cannot update yourself within your Account),you are responsible for keeping your and/or a Child user’s Personal Information up-to-date, to the extent you can update the same within your Account.

    2. Data Retention and Erasure. 

      If you no longer want the Company to use your and/or a Child User’s Personal Information to provide the Services (or any part thereof) to you and/or a Child User, you can request that we erase this Personal Information and close your Account. Provided, however, any requests for erasure will be acted upon in accordance with applicable laws and may adversely impact the Company’s ability to provide the Services to you and/or a Child User. You hereby agree and acknowledge that a mere request for erasure does not guarantee an immediate erasure of Personal Information, and all such requests will be acted upon in accordance with applicable laws.

      Please note that if you (on behalf of yourself and/or a Child User) request the erasure of your Personal Information:

      • We may retain some of your and/or a Child User’s 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.
      • Because we maintain the Platform to protect from accidental or malicious loss and destruction, residual copies of your and/or a Child User’s Personal Information may not be removed from our backup systems for such period as required under applicable law.
      • We will not be required to delete any information which has been 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 and/or a Child User with the Services (or any part thereof) and you and/or a Child User should cease and desist from using the Services. 

    3. Consent; Withdrawing Consent and Restriction of Processing.

      In the event you do not consent to sharing your and/or a Child User’s Personal Information with us for provision of the Services (or any part thereof), we reserve the right to restrict or deny the provision of such Services (or any part thereof).

      Where you have (on behalf of yourself and/or a Child User) provided your consent to the processing of your and/or a Child User’s 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 and/or a Child User with the Services (or any part thereof) and you and/or a Child User may be required to cease to use the Services (or any part thereof).

      Please note that if you withdraw your consent to process your and/or a Child User’s Personal Information in accordance with the Privacy Policy, we will not be required to delete any such 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.

    4. Lodging Complaints.

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

  1. LINKS TO THIRD PARTY APPS AND WEBSITES

    2. The Platform and any communication sent to you may contain/display third party advertisements, contents, applications, and links to other websites/mobile applications of interest. However, once you and/or a Child User have used any of these links to, or through any other means leave the Platform Services, you should note that we do not have any control over that other website(s)/mobile application(s). You (on behalf of yourself and/or a Child User) agree and acknowledge that these websites/mobile applications are operated by third parties and are not controlled by, or affiliated to, or associated with us unless expressly specified. We are not responsible for any form of transmission, whatsoever, received by you and/or a Child User from any such third party. Accordingly, we do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites or mobile applications, nor do we control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such websites or mobile applications. Therefore, we cannot be responsible for the protection and privacy of any information, which you and/or a Child User provides whilst visiting such websites/mobile applications and this Privacy Policy does not govern such websites/mobile applications. You should exercise caution and look at the privacy statement applicable to the website(s)/mobile application(s) in question. The information provided by you and/or a Child User to such third party websites/mobile applications shall be governed in accordance with the privacy policies of such websites/mobile applications and it is recommended that you review the privacy policy on any such websites and/or mobile applications prior to using such websites/mobile applications.

  1. Grievance Officer

    1. If you find any discrepancies or have any grievances in relation to the Services, or the collection, processing, storage, use, disclosure and transfer of your and/or a Child User’s Personal Information under this Privacy Policy or any other applicable terms and conditions or policies of the Company, as may be applicable, please contact the following:
      • Mr. Pravin Prakash, the designated grievance officer under the Information Technology Act, 2000. 
      • Address: 4/1, Tower D, 2nd Floor, IBC Knowledge Park, Bannerghatta Main Road, Bangalore – 560029, Karnataka, India.
      • E-mail: support@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.

  1. Applicability of Additional Terms

    1. You (on behalf of yourself and/or a Child User) shall be responsible for reading and understanding this Privacy Policy, along with the applicable terms and conditions governing your and/or a Child User’s use of the Services, as set out under:

PLATFORM USER TERMS AND CONDITIONS

  1. INTRODUCTION

    1.1 Think & Learn Private Limited (hereinafter referred to as “we”, “our,” “us”, or “Company”) is engaged in the business of providing educational services under the brand ‘BYJU’S’. This document sets out the terms and conditions (the “PlatformUser Terms”) and the privacy policy available at https://byjus.com/tnc-learnstation-india/#privacy (the “Privacy Policy”) which govern the use of the Company’s handheld companion learning device (“BYJU’S Tablet”) and the applications made available thereunder (other than ‘Disney Byju’s Early Learn App’) (“Applications”) by the Company, which will contain third-party/ our affiliates’ applications, and any other data or content whether pre-installed, downloaded or accessed via internet or through an external device, such as a secure digital (“SD”) card, and whether owned by the Company, its affiliated companies, or third party suppliers and licensors.

    1.2 Key Definitions

    Capitalized terms not specifically defined in the Platform User Terms shall have the meaning ascribed to them in the Privacy Policy.

    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 Platform (including but not limited to tests, content formats, game formats, algorithms, characters, curricula, reports, dashboards) or used in connection with the Platform Services, shall collectively hereinafter be referred to as “Intellectual Property”
    2. any user of the Services who is aged 18 (eighteen) years or above or, where applicable, the parent or legal guardian of a Child User (as defined below) is hereinafter, collectively referred to as the “you”, “your”, “yourself”, or “User”.

  1. ELIGIBILITY

    2.1 The use of the Services is available only to those individuals who can enter into legally binding contracts under applicable laws. Additionally, you and/or a Child User cannot access or use the Services if you are barred from receiving the Services under any applicable laws or have previously been barred from using the Services. The Services are intended to be made available only in India and such other jurisdictions as the Company may notify from time to time. In the event you and/or a Child User uses or accesses the Services in any other jurisdictions (i.e., jurisdictions not permitted under these Platform User Terms), please immediately stop using the services and notify us of the availability of the Services in such other jurisdictions on the email address mentioned at the end of these Platform User Terms.

    2.2 Important note to parents and legal guardians: If you have the ability to enter into a legally binding contract under applicable laws and you register, purchase, approve and/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 Platform User Terms and Privacy Policy on behalf of such Child User, including without limitation, being liable for all use of the Services by the Child User and that that no separate act is required to make the Platform User Terms and Privacy Policy binding on you, and that your and/or the Child User’s act of registering, purchasing, and/or using the Services constitutes your complete acceptance of the Platform User Terms and Privacy Policy, on behalf of such Child User. You agree and acknowledge that the use of the Services by a Child User will be undertaken pursuant to your knowledge and supervision. Further, you hereby covenant that you will cause the Child User to use the Services strictly in accordance with the Platform 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 Platform User Terms and/or Privacy Policy 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 a parent or legal guardian, unless required under applicable laws. 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 PLATFORM USER TERMS.

  1. BINDING AGREEMENT

    3.1 The Platform User Terms and the Privacy Policy describe the terms on which the Company offers you and/or any Child User access to the Services. You (on behalf of yourself and/or a Child User) hereby agree and acknowledge that, with respect to the usage of the Services, you and the Company do not have any contractual obligations other than as specifically contemplated in the Platform User Terms and Privacy Policy.

    3.2 By completing and confirming the order verification form or initializing the BYJU’S Tablet, you (on behalf of yourself and/or a Child User) signify your acceptance of the Platform User Terms and Privacy Policy which takes effect on the date on which you install, browse, and/or use the Services (or any part thereof), and creates a legally binding arrangement for you to abide by the same. By accepting the Platform User Terms and Privacy Policy, you (on behalf of yourself and/or a Child User) also accept and agree to be bound by Company’s internal/other external policies, as amended, from time to time, in accordance with the Platform User Terms. The Platform User Terms along with the Privacy Policy constitute the entire contract between you and the Company with respect to your and/or any Child User’s access to the Services (or any part thereof), superseding any prior written or oral contracts in relation to the subject matter herein.

    3.3 PLEASE READ THE PLATFORM USER TERMS AND PRIVACY POLICY CAREFULLY BEFORE USING OR ACCESSING THE SERVICES. IF YOU DO NOT AGREE WITH THE PLATFORM USER TERMS AND PRIVACY POLICY, PLEASE DO NOT USE (OR PERMIT THE USE BY THE RELEVANT CHILD USER) OF ANY OF THE SERVICES. PROVIDED, HOWEVER, SAVE AND EXCEPT FOR ANY TERMS FOR REFUND INTIMATED IN WRITING AT THE TIME OF PURCHASE OF SERVICES, THE COMPANY SHALL NOT BE LIABLE IN ANY MANNER (INCLUDING ANY LIABILITY TO REFUND ANY AMOUNTS PAID TO THE COMPANY) IF YOU CHOOSE TO NOT USE THE SERVICES.

    3.4 As long as you (on behalf of yourself and/or a Child User) comply with the Platform User Terms and Privacy Policy, we grant you and/or a Child User a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Services on a non-commercial basis.

    3.5 The Platform 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/rules, as amended by the Information Technology Act, 2000. The Platform User Terms are also published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

    3.6 While the Platform User Terms will apply to your and/or a Child User’s use of the Services, there may be additional terms (such as the terms of use and privacy policy for use of ‘Disney Byju’s Early Learn App’ and the terms imposed by any pre-installed content, mobile applications or any other third-party or our affiliates’ applications) which will, subject to applicable laws, govern the use of the Platform. These additional terms to the extent applicable are hereby deemed to be incorporated in the Platform User Terms and Privacy Policy by way of reference and can be accessed here – Disney BYJU’S Early Learn – Terms of Service, Disney BYJU’S Early Learn – Privacy Policy, Tynker – Terms of Service, Tynker – Student User Privacy Policy, Tynker – Non-Student User Privacy Policy, BYJU’S Future School – Terms of Service, BYJU’S Future School – Privacy Policy, Epic – Terms of Service, Epic – Privacy Policy, Osmo – Privacy Policy, Osmo – Terms of Service.
    You hereby agree and acknowledge (on behalf of yourself and/or a Child User) that you have read these additional terms and you hereby understand and consent to all such additional terms on your own accord. It is also your responsibility to review the additional terms periodically for any modifications or updates.

    3.7 From time to time the Platform may also include or enable you and/or a Child User to access links to other websites. These links are for your and/or a Child User’s convenience to provide further information. They do not signify that we endorse any such links (or the content provided thereunder). We have no responsibility for the content available on these links.

  1. MODIFICATION

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

    Prices for any of the Services are subject to change without notice. We also reserve the right to, at any time, modify or discontinue the Services (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any or all of the Services.

  1. USER ACCOUNTS

    5.1 For using or accessing the Services, basis the information provided to us at the time of making the purchase of the Services we may on your behalf create an account on the Platform by using your and/or a Child User details provided to us, namely, full name, phone number, grade, email address and location.

    5.2 You agree and confirm (on behalf of yourself and/or a Child User) that you shall (a) provide accurate, truthful, current and complete information while making the purchase or using your account or Services; and (b) in all your and/or a Child User’s dealings through the Platform: (i) maintain and promptly update your account information; (ii) maintain the security of your account on the Platform by not sharing your password with others and restricting access to your account and your BYJU’S Tablet; (iii) promptly notify the Company if you and/or a Child User discovers or otherwise suspects any security breaches relating to your account or the Platform; and (iv) take responsibility for all activities that occur under your account on the Platform and accept all risk of unauthorized use of or access to the same.

    5.3 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 and/or a Child User’s use of the Services and/ or while making the purchase of the 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 and/or a Child User from using the Services (or any part thereof) 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

    6.1 The Company authorizes you and/or a Child User to access the Platform solely for the purpose of using the Platform Services and you expressly agree and acknowledge (on behalf of yourself and/or a Child User) that you and/or a Child User shall not use it for any other purpose. The BYJU’s Tablet may be used by you and/or the Child User to access third-party services such as through the third-party websites or applications available on the BYJU’s Tablet, however, such action may be subject to the terms and conditions of such third-party service provides and the Company will bear no responsibility (i) for such services or (ii) for your and/or the Child User’s use of such services. Please also refer to Clause 13.5(x) herein below.

    6.2 By completing and confirming the order verification form or initializing the BYJU’S Tablet, you (on behalf of yourself and/or a Child User) hereby authorize the Company to (i) use information related to you and/or a Child User, which is submitted by you, to contact you, (ii) maintain a record of your and/or a Child User’s queries, visits of the Platform, and/or feedback, (iii) share information related to you and/or a Child User in accordance with the Privacy Policy, and (iv) monitor the download and usage of the Services and the contents thereof by you and/or a Child User, in order to analyze such usage trends to enable effective and efficient usage of the Services.

    6.3 You and/or a Child User shall not post any content or information which is false, deceptive, misleading, deceitful, illegal, obscene, vulgar, and/or is in breach of these Platform User Terms or any of the policies of the Company.

    6.4 You are required to provide accurate and complete information set out in Clause 5.1 herein above.

    6.5 The Company reserves the right, at its sole discretion, to suspend or restrict your and/or a Child User’s ability to use or access the Services (or any part thereof), at any time, while the Company investigates complaints or alleged violations of the Platform User Terms or the Privacy Policy. Further, the Company shall also have the ability to prohibit or restrict you and/or a Child User from using the Services if the Company, in its opinion, feels that you and/or a Child User is misusing the Services in any manner whatsoever.

  1. USE OF THE BYJU’S TABLET

    7.1 Your purchase of the BYJU’S Tablet and/or your and/or a Child User’s access to and use of the Services through the BYJU’S Tablet are subject to the selections, restrictions, and limitations set forth in these Platform User Terms and in the order verification document, confirming your purchase of BYJU’S Tablet and Services provided thereunder to which these Platform Users Terms may be attached or incorporated (the “Order”), including any course or program-specific view count restrictions.

    7.2 By accepting these Platform User Terms, you (behalf of yourself and/or a Child User) consent and authorize us to:

    1. set up or assist you in setting up the BYJU’S Tablet, including but not limited to, (i) undertaking all processes to set up and initialize the operating system including selecting locations, time zones, language, etc., (ii) accessing the contents, settings, hardware outputs, and such other components of the BYJU’S Tablet as may be required to download and/or install the purchased Platform Services and other third party applications for the provision of these Platform Services, whether through an SD card, the internet or through any other suitable manner which we may select, (iii) use and enter information provided by you to us into the BYJU’S Tablet in order to install and/or provide the purchased Platform Services, and (iv) retain information in relation to the BYJU’S Tablet (such as model number, IMEI number, etc.); and
    2. install parental controls or a parental-lock through the settings of the BYJU’S Tablet or through the usage of a third party application.

    7.3 You, as a parent or legal guardian, agree to (on behalf of a Child User) ensure that a Child User accesses and uses the various features and components of the BYJU’S Tablet, including but not limited to the cameras embedded (both the selfie camera and the downward facing camera) in the BYJU’S Tablet and their features and functionalities, with your knowledge and under your supervision. You also acknowledge (on behalf of yourself and/or a Child User) that the downward facing camera in the BYJU’s Tablet will turn on by default upon switching on the BYJU’s Tablet and will have to be manually turned off, if required.

    7.4 You shall also ensure that you are well-versed with BYJU’S Tablet user and/or device instructions and settings of the BYJU’S Tablet, including but not limited to the parental control features, before you and/or a Child User uses the BYJU’S Tablet.

    7.5 You agree and acknowledge (on behalf of yourself and/or a Child User) that, any content accessed by you and/or a Child User, as applicable, through a SD card (whether accessed through the BYJU’S Tablet or any other eligible device, as may be determined by us) may be prone to becoming outdated as it will not automatically get updated with latest content. To consume additional content, you will need to purchase additional content separately through additional SD card(s) and/or by subscribing to the content via such mode as may be communicated by the Company.

  1. USER COVENANTS

    8.1 By using any of the Services, you agree and acknowledge (on behalf of yourself and/or a Child User) that:

    1. you and/or a Child User will use any or all of the Services provided by the Company only for the purposes that are permitted by and are in accordance with (a) the Platform User Terms and Privacy Policy and any Company policy that may be applicable, and (b) applicable laws, and not for any fraudulent purposes or with a view to cause nuisance, annoyance or inconvenience;
    2. any and all of your and/or a Child User’s communications with the Company, for any reason or purpose whatsoever, may be recorded by the Company for evidentiary, quality and/or training purposes and in case of a Child User’s communications, such recording will be deemed to be undertaken as per your knowledge and under your supervision; and
    3. you are solely responsible for any breach of the Platform 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 (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and to the extent it is applicable to the Platform User Terms and Privacy Policy, the Company hereby informs you that, in the use of the Services, you and/or a Child User 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 and/or a Child User do not have any right;
    2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, including bodily privacy, hateful, harassing on the basis of gender, racial or ethnically objectionable, inappropriate, 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, or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
    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;
    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; or
    10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

    8.3 You and/or a Child User are also prohibited from:

    1. violating or attempting to violate the integrity or security of the Platform;
    2. transmitting any information on or through the Platform that is disruptive to the provision of the Services provided by the Company;
    3. intentionally submitting on the Platform any incomplete, false or inaccurate information;
    4. making any unsolicited communications to other Users and/or Child Users of the Platform;
    5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
    6. copying or duplicating in any manner any of the information available on the Platform;
    7. creating derivative works from, transferring, or selling any information or software available as part of the Services;
    8. framing or hotlinking or deep linking any contents from the Platform;
    9. accessing or tampering with the non-public areas of the Platform and the Company’s computer systems, or the technical delivery systems of its providers;
    10. testing the vulnerability of the Platform or breaching any security or authentication measures implemented by the Company;
    11. accessing the Services through the use of any mechanism other than through the Platform and related Platform Services;
    12. selling access to, advertising or placing promotions on the Platform, in any form or manner whatsoever; and
    13. except with respect to removable parental controls, breaching, disabling or tampering with, or developing or using (or attempting to) any workaround for, any security measures and controls incorporated in or used by the BYJU’S Tablet.

    8.4 The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person or any User 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. The Company shall also be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes, as per applicable laws.

  1. FEES AND PAYMENTS

    9.1 In consideration for our provision of the BYJU’S Tablet and/or purchased Platform Services, you shall (on behalf of yourself and/or a Child User, as applicable) pay to us all fees and other amounts in accordance with all payment schedules, as may be determined by us. Such fees may be paid via cash, credit card, or cheque (as intimated by the Company from time to time). In the case of payment by cheque, payment will not be deemed received and the BYJU’S Tablet and/or purchased Platforms Services will not be dispatched/provided until all funds have cleared. In the event the cheque bounces, fails to clear, or if we are required to present an alternate check for any reason, you shall promptly reimburse us for any and all surcharges or fees incurred by us as a result of the same, as per applicable laws.

    9.2 You are (on behalf of yourself and/or a Child User, as applicable) responsible for payment of all sales, use, GST, and similar taxes due with respect to your purchase of the BYJU’S Tablet and/or purchased Platform Services. In the event that any applicable tax rate is increased during the term hereof by an appropriate government authority, you will pay such higher tax rate beginning on the enforcement date of such increase.

  1. THIRD PARTY SERVICES

    10.1 The Company may use third party service providers in order to provide or improve the Services and such third party services shall be provided in relation to the data uploaded on the Platform in accordance with the Privacy Policy. Any data or content that you and/or a Child User uploads shall be used, stored, shared with, or dealt by each such third party service provider in accordance with its respective privacy policies.

    10.2 You acknowledge and agree (on behalf of yourself and/or a Child User) 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 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

    11.1 While the Company endeavors to provide the 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 and/or a Child User’s BYJU’S Tablet used by you and/or such Child User to access or use the Services and which may have an adverse impact on your and/or such Child User’s experience of browsing the Platform.

    11.2 The Company regularly undertakes feedback of Users relating to the use of the Services and the Company endeavours to improve the 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 Services.

    11.3 The Company shall be responsible to retrieve your and/or a Child User’s information or data if such information or data is lost from the Platform 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 and/or a Child User’s information or data provided to the Company due to (i) your non-compliance with these Platform User Terms and the Privacy Policy; or (ii) reasons attributable to third party service providers which are providing Platform services to the Company, or which provide any part or component of the BYJU’S Tablet to the Company.

    11.4 In the event you and/or a Child User is facing any issues relating to the Services, you should reach out to the technical support team of the Company using the in-platform support tool or by sending an email at support@byjus.com.

  1. REPRESENTATION AND WARRANTIES

    12.1 THE SERVICES ARE BEING PROVIDED TO YOU AND/OR ANY CHILD USER ON AN ‘AS IS WHERE IS’ BASIS. SAVE AND EXCEPT FOR ANY WRITTEN WARRANTY SPECIFICALLY PROVIDED BY THE COMPANY, THE COMPANY DOES NOT PROVIDE ANY OTHER REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO THE SERVICES OR ANY RELATED HARDWARE (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 AND/OR ANY CHILD USER ARE FREE OF ERRORS OR DEFECTS, OR THAT THE AFOREMENTIONED WILL BE CORRECTED SUBSEQUENTLY. THE SERVICES SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE AND/OR MORE TIMELY SOURCES OF INFORMATION. OTHER THAN AS EXPRESSLY AGREED IN WRITING BY THE COMPANY, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE, LOSSES, INJURY, SUFFERED BY YOU AND/OR ANY CHILD USER, IN CONNECTION WITH OR RELATED TO YOUR AND/OR ANY CHILD USER’S USE OF ANY SERVICES.

  1. DISCLAIMERS

    13.1 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 or through the Platform or delay or errors in the functionality of any or all of the 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 and/or any Child User places on such information is therefore strictly at your own risk.

    13.2 The Company periodically conducts scheduled maintenance and upgradation exercises for the Services which may impact the performance of the Services 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.

    13.3 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 Platform being temporarily unavailable due to technical issues beyond our control.

    13.4 You understand and agree (on behalf of yourself and/or a Child User) that the use of the Services may require electricity, internet connectivity, properly functioning device, and telecommunication links without which the Services will not be accessible. Save and except for any express warranty provided for Byju’s Tablet, you shall bear the costs incurred to access and use the 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 Services that arise directly or indirectly due to faulty or lack of electricity, internet connectivity, device (save and except for express warranty provided for Byju’s Tablet), and/or telecommunication links.

    13.5 You understand, agree and acknowledge (on behalf of yourself and/or a Child User) that:

    1. In the preparation of the 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 on the Platform.
    2. The usage of the 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 Services does not imply endorsement of any particular method nor exclusion imply disapproval. Use of the 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, upon receiving any complaint or otherwise, to remove, review, edit or delete any User and/or Child User content which we consider to be non-compliant with these Platform User Terms, the Privacy Policy, additional user terms or any applicable laws. Further, we will not be responsible or liable for any content (including questions/answers) uploaded by Users, including Child Users, directly on the Platform, irrespective of whether we have certified any content uploaded by such users. We are also not responsible to verify whether such questions/answers or contents placed by any User, including any Child User, contain infringing/ inappropriate 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 Services and that you have relied solely on the investigations, examinations and inspections as you have chosen to make in relation to the Services, and that the Company has afforded you with the opportunity for full and complete investigations, examinations and inspections.
    5. The efficacy of the Services is dependent on the proper usage of the Services or the BYJU’S Tablet through which the Services are being accessed, and the Company shall not be responsible for inaccurate, incomplete, or misleading data arising out of the usage of Services if the BYJU’S Tablet has been misused, incorrectly used, or not used in accordance with the user and/or device instructions.
    6. You and/or a Child User shall not collect or harvest any personally identifiable information from the Platform, use communication systems provided by the Platform for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Platform with respect to their submissions to the Platform, or publish or distribute any vouchers or codes in connection with the Platform, or scrape or hack the Platform.
    7. You shall ensure (including through appropriate supervision), and shall be fully liable and responsible for, your and/or a Child User’s compliance of these Platform User Terms. The Company hereby disclaims any and all liabilities arising out of usage of the Services by any User and/or any Child User without the supervision, knowledge and consent of such Child User’s parent or legal guardian, as the case may be.
    8. We are not responsible for the failure of any third party applications, whether pre-installed by us or later installed by you and/or a Child User on the BYJU’S Tablet, to function and operate optimally. Further, we are not responsible for any loss of any information or data belonging to you and/or a Child User, viruses or malware that may affect the BYJU’S Tablet, or other damage that occurs due to such third party applications.
    9. We are not liable or responsible for (i) any unauthorized access to or use of the Services, (ii) any content that you and/or a Child User may download or view after switching-off or modifying the parental controls installed/operationalized in the BYJU’S Tablet; (iii) data theft and other unauthorized activities that may occur if the BYJU’S Tablet is hacked or stolen by any third party; (iv) any damages to the BYJU’S Tablet after the same has been delivered to you; and/or any inappropriate or accidental images which may have been captured by the cameras embedded in the BYJU’s Tablet.
    10. Through the use of the Services, you and/or a Child User may be able to access third party websites, applications, or services that are not owned or controlled by us. When you and/or a Child User accesses such websites, you and/or a Child User do so strictly at your own risk. Notwithstanding the foregoing, we reserve the right to disable access to any third party website, application or services through the Services, although we are under no obligation to do so.

  1. LIMITATION OF LIABILITY

    14.1 In no event will the Company, its affiliates, 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 any of the Services.

    14.2 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 laws. However, the Company shall not be liable for any damages, liability or losses arising out of: (i) your and/or a Child User’s use of or reliance on the Services, or your and/or a Child User’s inability to access or use the Services due to your non-compliance with these Platform User Terms, the Privacy Policy, or any additional user terms; or (ii) any transaction or relationship between you and/or a Child User and any third party service provider; or (iii) defaults of any third party service providers which are providing Platform 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 and/or a Child User’s BYJU’S Tablet or storage device, crashes, breach of security and encryption, power or electricity failure or unavailability of adequate power or electricity, or any unauthorized act of third party service provider engaged by the Company in accordance with the Platform User Terms and this Privacy Policy.

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

    14.4 Subject to the limitations set forth in this Clause 14, the aggregate liability of the Company shall in no event exceed the price/fees, if any, paid by the User in order to avail the Services.

  1. INTELLECTUAL PROPERTY RIGHTS

    15.1 Subject to Clause 15.2 below, the Company has the necessary rights in Intellectual Property in the Platform and the applications made available thereunder to make it available to you, and is either reseller, owner or the licensee of the materials/contents published therein (excluding the materials and contents published or uploaded by the users of the Platform). Copying, downloading, storing, distributing, transmitting, broadcasting or otherwise modifying any content on the Platform other than as made available by the Company and/or as provided in these Platform User Terms for your and/or any Child User’s personal use is prohibited and shall amount to an infringement of the intellectual property rights of the Company or the relevant licensor(s)/ owner under applicable laws. If you and/or any Child User prints, copies or downloads any part of the Platform in breach of the Platform User Terms, your right to use the Services will cease immediately and you must return or destroy any copies of the materials you and/or any Child User has made.

    15.2 We may allow the posting, submission, or distribution of any Intellectual Property created by Users (“User-Generated Content”) on or through the Services. User-Generated Content shall also include to the extent you and/or a Child User provides the Company with any suggestions, feature requests, evaluation results, feedback, communication on chat window or other input in relation to any aspect of the 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 Services, you (on behalf of yourself and/or a Child User) 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 Services, improving the Services, sharing or storing such User-Generated Content with third parties in accordance with the Platform 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, notwithstanding whether you and/or a Child User continue to use/avail the Services hereunder or not. It being further clarified that the Company (i) does not warrant, endorse, guarantee, or assume responsibility for any User-Generated Content, (ii) may conduct competitions from time to time and you agree to allow the Company to use the submissions made by you and/or a Child User, including but not limited to photos, videos, written content, craft work, etc. for promotional purposes. All rights will be reserved by the Company for usage of such submissions made by you and/ or a Child User. You (on behalf of yourself and/or a Child User) additionally permit the Company to certain kinds of information submitted by you and/or a Child User like photos, videos, etc. for promotional campaigns as the Company so desires, and you will cease to have any rights (including publicity rights) on such information once your and/ or a Child User’s submissions are made to the Company.

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

  1. CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS

    By completing and confirming the order verification form or initializing the BYJU’S Tablet, you (on behalf of yourself and/or a Child User) consent to receive service, transactional and/or commercial communications, notices and information from us via tele-calls, or 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 Platform. Further, you agree that any notice, agreement, disclosure or other communications that we send 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 and/ or a Child User’s access to certain aspects or all of the Services if you breach any of the Platform User Terms. Upon any such suspension, deactivation, or termination, we may, at our own discretion, delete or remove your and/or a Child User’s information related to your account on the Platform.

    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, the Company may retain your and/or a Child User’s 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 applicable laws for the time being in force.

  1. CHOICE OF LAW AND DISPUTE RESOLUTION

    The Platform User Terms, the Privacy Policy and your and/or a Child User’s use of the Services 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 (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021) 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 Platform User Terms, Privacy Policy, or your and/ or a Child User’s use of the 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 (on behalf of yourself and/or a Child User) 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 and/or a Child User’s access to or use of the Services; (b) your and/or Child User’s violations of any of the Platform User Terms; (c) your and/or a Child User’s violation of any rights of any third party (including, without limitation, the providers of third party websites, applications or services), including infringement of their intellectual property rights; and/or (d) your and/or a Child User’s conduct in connection with the Services.

  1. SEVERABILITY

    If any provision of the Platform 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 Platform 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

    21.1 We may subcontract any part or parts of the Services that we provide to you and/or a Child User from time to time and we may assign or novate any part or parts of our rights under the Platform User Terms and Privacy Policy without your consent or without any requirement to notify you.

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

    21.3 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.

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

    21.4 The provisions of the following Clauses of these Platform User Terms will survive any termination of this Agreement: Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19 and 21.5.

  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 laws. All complaints and feedback in relation to the Platform User Terms, Privacy Policy and/or the Services should be addressed to our Grievance Officer (details of whom are available in the Privacy Policy) at the following email address: support@byjus.com.

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