Terms & Conditions

These Terms and Conditions ("Terms") govern:

• the use of our website www.digitalbenchers.com ("Website"), our mobile and web applications ("Application"), and any associated products or services related to the Application, Website, or other offerings ("Services"); and
• all modes of registration and usage of the products, including access via tablets or any other storage/transmitting devices. These Terms establish a binding agreement between Digital Benchers Private Limited ("Company," "We," "Us," or "Our") and the users of our Services ("User," "You," or "Your").

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000, and the Information Technology (Intermediaries Guidelines) Rules, 2011, as amended from time to time.

By accessing, browsing, or using the Application, Website, Services, or products, or by registering (with or without payment/subscription) through any means, You acknowledge and agree to be bound by these Terms. If You do not agree with these Terms or the Privacy Policy, You are advised not to use the Application, Website, Services, or products.

Please note that any registration or subscription for our Services, Application, or products is non-transferable under any circumstances.

Intellectual Property Rights

Except as expressly stated herein, all information, content, materials, trademarks, service marks, trade names, and trade secrets, including but not limited to software, text, images, graphics, videos, scripts, and audio, available on the Application, Website, Services, and products (collectively referred to as "Proprietary Information") are the exclusive property of Digital Benchers Private Limited ("Company").

No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any manner without prior written consent from the Company. Nothing contained on the Application, Website, Services, or products shall be construed as granting any license, right, title, or interest in the Company's intellectual property to the User. While You may own the physical or digital medium on which the information, content, or materials are stored, the Company retains full and complete ownership of the content, information, materials, and all associated intellectual property rights incorporated therein.

Certain content on the Website may belong to third parties and has been reproduced only after obtaining the necessary consent from the respective owners. All rights related to such third-party content shall remain vested with the original owner. Additionally, all trademarks, copyrights, logos, service marks, and other intellectual property owned by third parties shall continue to belong to their respective owners, and You are strictly prohibited from using them without obtaining prior authorization from the concerned party.

Permitted Use and Restrictions

Your use of the Website, Application, Services, and products is strictly limited to personal and non-commercial purposes. Any use beyond personal purposes is expressly prohibited. Your personal and non-commercial use of the Application, Website, products, and Services is subject to the following restrictions:

You shall not decompile, reverse engineer, or disassemble any part of the Application, Website, Services, or products. Additionally, You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application, Website, Services, or products. Further, You may not remove, alter, or obscure any copyright, trademark registration, or proprietary notices contained within the Application, Website, Services, or products.

You shall not:

• Use the Application, Website, Services, or products for any commercial purpose of any kind.
• Advertise, sell, or resell the Application, Website, products, Services, or domain names, whether for profit or otherwise, or solicit others (including but not limited to solicitation for contributions or donations) using any public forum or platform.
• Use the Application, Website, Services, or products in any manner that is unlawful or causes harm to the Company, any individual, or entity, as determined solely by the Company.

Any violation of these restrictions may result in the suspension or termination of Your access to the Application, Website, Services, and products, in addition to any legal remedies available to the Company.

Prohibited Activities

Users are strictly prohibited from engaging in any of the following activities while accessing or using the Application, Website, Services, or products:

• Publishing, sharing, or making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Stalking, intimidating, harassing, or inciting violence against any individual or group.
• Transmitting or disseminating material that encourages criminal activity, results in civil liability, or otherwise violates applicable laws, regulations, or codes of practice.
• Interfering with or disrupting another person's access to or use of the Application, Website, or Services.
• Creating, transmitting, or storing electronic copies of copyrighted materials without authorization, infringing upon intellectual property rights, or making available any content that violates proprietary rights.
• Publishing, transmitting, or making available any content or material that the User does not have the legal right to share, unless legally owned, controlled, or consented to by the rightful owner.
• Impersonating any person or entity or misrepresenting an affiliation with any individual, organization, or entity.
• Uploading, posting, transmitting, or making available any malicious software, including but not limited to viruses, trojans, worms, spyware, time bombs, or any other harmful code that may compromise the security, functionality, or data of the Application, Website, Services, products, or other Users.
• Accessing or using the Application, Website, or Services in a manner that may damage, disable, overburden, or impair servers, networks, or connected infrastructure.
• Interfering with or disrupting the normal functioning of the Application, Website, or Services, or violating any applicable laws, network policies, or regulations.
• Attempting to gain unauthorized access to user accounts, servers, networks, or databases, or engaging in any activity that may compromise the security and integrity of the Application, Website, or Services.
• Engaging in disruptive activities, including but not limited to denial-of-service attacks, that may affect the accessibility of the Application, Website, or Services for other Users.
• Using automated tools, such as deep-links, page-scrapes, robots, spiders, or similar technologies, to increase traffic, copy, monitor, or extract data from the Application, Website, or Services without explicit permission.
• Modifying, altering, or tampering with any part of the Services.
• Using the Services for any unlawful purposes, or in a manner that violates these Terms, applicable laws, regulations, or accepted industry practices.
• Violating any provision specified in these Terms regarding the use of the Application, Website, Services, or products.

Any violation of the above terms may result in immediate suspension or termination of access to the Application, Website, Services, and products, along with potential legal action.

User-Submitted Content

By submitting any content through the Application, Website, or Services (referred to as "Your Material"), You grant us a worldwide, non-exclusive, royalty-free license, with the right to sublicense, to:

• Use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute Your Material across any media or distribution methods, whether existing now or developed in the future.
• Associate Your Material with You, except where otherwise stated.

You acknowledge and agree that:

• Other users of the Services may use Your Material in the same manner as any other publicly available content on the Application, Website, or Services.
• Users may fork, tweak, or repurpose Your Material in accordance with these Terms.
• If You delete Your user account, Your Material and name may still remain accessible through the Services.

By submitting Your Material, You confirm that You have the necessary rights, permissions, and authority to grant this license and that Your Material does not infringe upon any third-party rights or violate any laws.

Accuracy of Information & Disclaimer

We have made every effort to ensure that the Application, Website, Services, products, and their contents provide the most current, correct, and clearly expressed information possible. However, inadvertent errors may occur.

The Company disclaims any responsibility for errors or inaccuracies in the information provided on the Application, Website, or Services.

We welcome feedback from Users to improve the accuracy, usability, and error-free experience of our platform.

The Company reserves the right to modify, correct, add, or remove any content at its sole discretion, without prior notice.

You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for such inaccuracies or errors to the fullest extent permitted by law.

Educational Content & Third-Party Links Disclaimer

• Our Website/Application/Services/products provide compiled educational information and related resources on an "As-Is" basis. We assume no liability for the accuracy, completeness, usability, or relevance of such information.
• We are not responsible for updating or ensuring the continuity of the information provided on our Website/Application/Services.
• Some information may be compiled from third-party sources. We are not liable for any errors in such content or for its availability at any given time.
• Our Website may contain links to third-party websites for informational purposes. These links do not indicate endorsement, and we do not take responsibility for the content on such external websites.
• Users may not create links to our Website from another website or document without prior written consent from the Company.

Educational Purpose & Curriculum Alignment

• The content on our Application/Services/products is developed based on structured curriculum syllabi for various courses.
• Our Application/Services/products are not a substitute for curriculum-based education provided by educational institutions. Instead, they are intended to supplement learning by presenting concepts in a way that aids understanding.
• While basic definitions and formulas remain the same, multiple approaches exist for structured curriculum delivery. Our inclusion of any method does not imply endorsement, nor does the exclusion of any method imply disapproval.

Subscription or usage of our Website/Services/products does not guarantee:

• Admission to any educational institution
• Success in any examination
• Achievement of any specific percentage or rank in exams

Opinions and Views Disclaimer

Certain content available through the Application, Services, Website, or Products, particularly those related to assistance in preparations for administrative services, may contain opinions and personal views. The Company does not endorse, verify, or assume responsibility for the accuracy, reliability, or validity of such opinions. Any reliance on such views is at the sole discretion of the User.

Furthermore, the Company makes no warranties or representations, express or implied, regarding the quality, accuracy, completeness, or adequacy of such information and data. The Company shall not be liable for any claims, losses, or damages arising from the use of or reliance upon such content.

User-Generated Content and Communications Disclaimer

Interactive Services and User Contributions

Certain parts of the Services are interactive, allowing Users to contribute content, which may or may not be subject to editorial review prior to publication. The Company assumes no responsibility or liability for any material communicated, shared, or uploaded by third parties in this manner. Users are solely responsible for the content they submit.

The Company reserves the right, at its sole discretion, to review, edit, modify, remove, or delete any content submitted by Users without prior notice. However, the Company is under no obligation to monitor or pre-screen such content. Additionally, the Company shall not be responsible for verifying whether any User-submitted content, including but not limited to questions, answers, or other materials, infringes upon any intellectual property rights or other legal provisions.

No Liability for User-Uploaded Content

The Company disclaims any responsibility for content directly uploaded by Users on the Website, regardless of whether the Company has reviewed or certified any such content. Users shall be solely liable for ensuring that their submitted content complies with applicable laws, does not infringe upon third-party rights, and does not contain any objectionable, false, misleading, or unlawful material.

User Consent for Communications

The Company, including its subsidiaries and affiliates, may contact Users via SMS, email, or telephone based on their access to the Application, Website, or Services, including free downloads, trials, or registrations through any medium. Such communications may include, but are not limited to, information regarding product offerings, updates, and promotional content.

By registering or accessing the Services, the User expressly consents to receive such communications from the Company and indemnifies the Company, its subsidiaries, affiliates, employees, and partners against any liabilities, including financial penalties, damages, or expenses, in the event that the User's contact number is registered under the Do Not Call (DNC) database.

Service Access, Device Compatibility & Liability

Conditional Access to Services

Access to certain elements of the Services, including but not limited to doubt clearance and mentoring services, may be subject to separate terms, conditions, and a fair usage policy. The Company reserves the right to determine the eligibility criteria for different categories of Users in accordance with its policies. Subscription to the Application/products or registration does not automatically entitle the User to all elements of the Services. The Company retains full discretion in providing, restricting, or discontinuing access to specific elements of the Services. Additionally, the Company reserves the right to extend, cancel, withdraw, or modify any of its Services at its sole discretion.

Device Compatibility and Upgrades

The Company reserves the right to upgrade the table/type of compatible devices required for accessing its Services from time to time. Users are responsible for ensuring their devices meet the updated compatibility requirements.

Limitation of Liability for Software and Device Issues

The Company shall not be responsible for any loss or damage to software, hardware, or data, including processing speed degradation, resulting from the use of its products and Services. Users are advised to take necessary precautions, including data backup and system security measures, before using the Services.

Account Management

To access and use the Services, Users must register an account with the Application and provide necessary details, including but not limited to name, mobile number, email address, residential address, student grade/class, school name, and payment information if applicable.

User Responsibilities:

• It is the sole responsibility of the User to ensure that all account information provided is accurate, complete, and up to date.
• Users must maintain the confidentiality of their account credentials and will be held responsible for all activities conducted under their account.
• Log out from their account at the end of each session.
• Notify the Company immediately in case of unauthorized access or security breaches.

Eligibility for Registration and Use of Services

Eligibility Criteria

Only individuals who are legally "competent/capable" of contracting as per the Indian Contract Act, 1872 are eligible to register for and use the Company's Application, products, or Services. Persons who are minors, un-discharged insolvents, or otherwise legally incapacitated are not eligible to register or access the Services.

Usage by Minors

If a minor wishes to use the Company's products or Services, such access must be facilitated by their parent or legal guardian, who must agree to these Terms on their behalf.

In case a minor uses the Application/Website/Services, it is assumed that such use is authorized by the legal guardian or parent. The Company shall not be responsible for any consequences arising from the misuse of the Application, products, or Services by minors or any other unauthorized users.

Right to Terminate or Restrict Access

The Company reserves the right to terminate any subscription or deny access to its products or Services if it is found that:

• The User is under 18 years of age and does not have explicit consent from a parent/legal guardian.
• The information provided during registration is found to be inaccurate or misleading.

Legal Terms and Conditions

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents from any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from:

• Your use or access of the Application, Website, or Services;
• Your violation of these Terms or any Company policy;
• Your infringement of any third-party rights, including copyrights, property, or privacy rights;
• Any claim arising due to Your use of the Application, Website, or Services causing damage to a third party.

This indemnification obligation shall survive the termination of these Terms.

Limitation of Liability

Under no circumstances shall the Company, its officers, directors, employees, partners, or agents be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages, including but not limited to loss of data, profits, or other damages arising out of Your use or inability to use the Application or Services.

Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with Indian law, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of courts in Delhi, and You agree to submit to the jurisdiction of such courts.

Modification and Discontinuation of Services

The Company reserves the right to modify, suspend, or discontinue any aspect, feature, or functionality of the Application or Services at any time without notice. Additionally, the Company may amend these Terms at any time without prior notice. The Company shall not be liable to You or any third party for any changes or discontinuation of Services. All prices are subject to change without notice.

Disclaimer

Feedback

Submission of Feedback

Any feedback You provide regarding the Application shall be considered non-confidential, and the Company shall have the unrestricted right to use such feedback without any limitations. By submitting feedback, You confirm that:

• Your feedback does not contain confidential or proprietary information belonging to You or any third party.
• The Company has no obligation of confidentiality, whether express or implied, concerning the feedback.
• The Company may already be considering or developing something similar to Your feedback.
• You are not entitled to any compensation, reimbursement, or recognition for the feedback, unless explicitly agreed upon by the Company.

User-Generated Content Disclaimer

The Company shall not be responsible for any content provided by other users, even if such content is offensive, misleading, or inappropriate. Please exercise caution while using the Application.