Welcome to Smart Study Pack, an online learning platform supplementing the pursuit of academic excellence operated by Extramarks Education India Pvt Ltd (also referred to as Extramarks). By using Extramarks, you accept and agree to be bound by the following terms and conditions. Nothing contained in these Terms of Service (ToS) should be construed to confer any rights to a third party beneficiary.
Extramarks reserves its right to modify or terminate the Extramarks service for any reason, without prior notice, without liability to the user or any other members or third party. Extramarks also reserves the right to modify the ToS from time to time without notice. The user agrees to regularly review the ToS to keep himself apprised of any such changes.
The decision to grant access to the services of Extramarks is the prerogative of the site and its decision in this respect shall be final and binding on the proposed user. The user consents that Extramarks reserves its right to take all necessary measures to deny access to its services or the termination of services, if the terms and conditions of the present agreement are not complied with or are contravened or there is any violation of copyright, trademark or other valuable proprietary right as described in this agreement. In order to use the service, the user must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay for the service fees associated with such access. In addition, the user must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access devices; that do not form a part of the service.
The user might receive a password and account designation upon completing the service's registration process. The user undertakes to maintain the confidentiality of the password and account, and shall be held solely responsible for all acts and omissions that occur under his password or account. Extramarks cannot and will not be liable for any loss or damage arising from the user's failure to comply with the terms and conditions of this agreement. The user should always remember to LOG OFF COMPLETELY from Extramarks, if he is accessing it from a public place and also change his password often, and be sure to change it to something inconspicuous.
The Extramarks service is made available for personal, non-commercial use only. Broadcasting the same through any means, including but not limited to through the internet, television, handheld devices and other devices, is not permitted and will be considered as a breach of Intellectual Property Rights of the Company. The Company reserves the right to terminate the subscription without any prior notice and also to initiate any legal proceedings in case of such breach. Businesses, organizations or other legal entities are strictly debarred from using the Extramarks services for any purpose.
The user is prohibited from using the Extramarks service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from India. The user is solely responsible for his conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other material that he submits, posts, and displays on the Extramarks service.
The site may at its sole discretion remove information, content or material that is incorrect, inaccurate, unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.
Other examples of illegal or unauthorized uses include, but are not limited to:
While Extramarks prohibits such conduct and content on its site, the user understands and agrees that he nonetheless may be exposed to such information materials and that he shall immediately inform Extramarks of such violation. If the user continues to use the Extramarks service he shall do so at his own risk and peril.
Certain elements of the site will contain material submitted by users. Extramarks accepts no responsibility for the material and contents, accuracy, conformity to applicable laws of such material.
The site may at its discretion display advertisements. The users' correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Extramarks service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such advertiser. The user agrees that Extramarks shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Extramarks service.
User acknowledges that all Intellectual Property Rights including but not limited to Copyright, Patent, Trademarks, trade secrets in the products, modules, contents and programs shall continue to vest with the Company at all times. The student/parent shall not have the right to claim any rights over the Intellectual Property in the programs by virtue of them purchasing such programs. Further, under no circumstances, shall the student/parent acquire the right to make copies. The user acknowledges that in the event of breach or threatened breach of this Clause, monetary damages may not be an adequate remedy, therefore, the Company in addition to other rights and remedies shall be entitled to injunctive relief to restrain the student/parent from any such breach, threatened or actual. User further acknowledges and agrees that material and content contained in sponsor advertisements or information presented to the user through the Extramarks services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Extramarks or advertisers, user agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Extramarks service, in whole or in part.
USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
Under no circumstances will Extramarks be liable to the user for any indirect, incidental, consequential, special or exemplary damage arising out of or in connection with use of the Extramarks service, whether or not Extramarks has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the Extramarks service, from inability to use the Extramarks service, or from the interruption, suspension, or termination of the Extramarks service (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Under no circumstances shall Extramarks be liable to the user for any amount exceeding one thousand rupees.
The user agrees to indemnify and hold Extramarks, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content the user submits, posts or transmits through the service, the user's use of the Service, the user's connection to the Service, the user's violation of the ToS, or the user's violation of any rights of another.
The user agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Extramarks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. The user agrees that Extramarks shall not be liable to the user or to any third party for any modification, suspension or discontinuance of the service.
Notices to the user may be made via email or regular mail. The service of the site may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to the user generally on the service.
The site design and the service marks, other logos, products and service names are trademarks of Extramarks Education India Pvt. Ltd. The user agrees not to display or use in any manner, the trademarks of Extramarks.
Extramarks Education India Private Limited is a registered entity under the laws of India with all rights reserved here-in. The copyright of all materials provided on this website are held by Extramarks Education India Private Limited. None of the materials displayed on or within any Extramarks products including but not limited to website, SD Cards, Tablets etc, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, modified, altered, reverse engineered, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, screen snapshot/ screen captured, or otherwise, without prior written permission of Extramarks Education India Private Limited, the copyright owner.
Please report any violation of the terms and conditions of this agreement to firstname.lastname@example.org
Extramarks shall have no liability to the user for the matters where it has no control or which are beyond its control and fall in this category.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject.
These Terms of Service will be governed by and construed in accordance with the laws of India and any dispute arising out of the use of the site shall be subject to the exclusive jurisdiction of courts at New Delhi, India. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The user shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent, any such purported assignment or delegation will be null and void and of no force or effect.
The user consents that by subscribing/using the Company’ products, programs or any other services, it expressly allows the Company to improve pedagogy, learning outcomes, predictive learning and to store, use, analyze, distribute, or deal with in any other manner, as the Company deems appropriate, from the information/data captured by the Company through its unique pedagogy of learn, practice and test and from the Customer’s usage of Company’ products, programs or any other services as the Company, its associates or any third party as the Company may authorize.
The user's privacy is critically important to Extramarks. Extramarks has few fundamental principles:
If the user feels that Extramarks has violated this Statement on Privacy in any way, please contact Extramarks at email@example.com so that we may address this issue.
No refund or cancellation is permitted once the user has completed a transaction at Extramarks.com for study packs etc.
At Extramarks, the Pack expires as per the validity suggested at the time they are purchased.