- where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
- The term ‘You’ &‘User’, shall mean any legal person or entity accessing or using the services provided on this App, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
- ‘You’ where the context relates to ‘User’ & ‘User’ means any individual, as the case may be, who access the App and who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
- The terms ‘We’, ‘Us’, ‘Our’ shall mean the App and/or the Company, as the context so requires.
- The term ‘Services’ shall mean the business of providing a portal for Users, offering to create notes and also allow them to share their notes with other people.
- The terms ‘Party’ &‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the App, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the App constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the App following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the App.If the User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
It is mandatory for a User to register in the App to access the App and avail the service. It is also mandatory for the user to accept the Terms of Service to register. To register yourself as a User a one-time User registration is required to create a profile, for the User, by providing the following information which shall include but not be limited to name, email ID, contact number, address and location. Users have the option of linking their social media accounts to the App and the User shall become a Registered User. This information is used to provide you with important services via e-mail, and information that may be customised to Your demographic, interests and requirements.
Registration for this App is available only to those above the age of 13 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the App, You may not do so through Your legal guardian and the Company reserves the right to terminate Your account on knowledge of You being a minor and having registered on the App or availing any of its Services.
Further, at any time during Your use of this App, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
The App provides services of creating notes for academic purpose. The notes may include texts and images. You can share your notes or contents with other users on the app. The service includes reacting to content by liking, bookmarking and posting comments.
But one can avail it only after the registration. Users have to accept the terms and policy before signing up and logging in the vized app. Users won’t be allowed to view or post contents without creating an account. Users have to accept the terms to create an account and use our services.
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the App if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force. The User below the prescribed age shall operate the App under the guidance of their parents or guardian.
All text (content, articles, blogs and parts thereof), graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”) displayed on the App is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company and the copyright owner.
The author of the content is solely responsible for the integrity, authenticity, quality and genuineness of the content written by the author of the content on the App and whilst reviews and comments by Users shall be made via the App, the App bears no liability whatsoever for any reviews or comments made by the User made in respect of any of the content by third party authors on the App. The author shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission/publishing of content or part thereof that is deemed to be false or misleading in nature.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the App. Users shall not copy, adapt, and modify any content without written permission of the Company.
The owner of the content has the control to remove the comment and also to block the user to like, bookmark and post comments on the content.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the App.
A User may terminate his/her use of the App at any time. The Company may terminate these Terms and close a User account at any time without notice and/or suspend or terminate a User’s access to the App at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate. It is also hereby declared that the Company may discontinue the App without any prior notice.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause. The App also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the App and/or other visitors to the App. The App reserves the right to limit, deny or create different access to the App and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
In the event that the User wishes to stop receiving any such marketing, special offers or promotional emails, the User may unsubscribe by clicking on the unsubscribe link that is available at the end of every newsletter mail. The User will get a final confirmation mail of their unsubscription. The User agrees and acknowledges that it may take up to fifteen (15) business days for the Company to give effect to such a request by the User.
Objectionable content and behaviors
The user agrees and acknowledges not to post content which are objectionable in nature. The content which are considered objectionable will be removed from the app.
Users are prohibited to post content that is in breach of Google Policies.
Objectionable content includes content that
- sexualizes minors
- promote pedophilia or inappropriate interaction targeted at a minor (e.g. groping or caressing).
- appeal to children but contain adult themes
- consisting of excessive violence, blood, and gore
- encourage harmful and dangerous activities.
- promote negative body or self-image including apps that depict for entertainment purposes plastic surgery, weight loss, and other cosmetic adjustments to a person’s physical appearance.
- that contain or promote sexual content or profanity, including pornography, or any content or services intended to be sexually gratifying.
- appear to promote a sexual act in exchange for compensation.
- contains nudity may be allowed if the primary purpose is educational, documentary, scientific, or artistic, and is not gratuitous.
- that promote violence or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status, or any other characteristic that is associated with systemic discrimination or marginalization.
- depict or facilitate gratuitous violence or other dangerous activities.
- Is related to terrorism, such as content that promotes terrorist acts, incites violence or celebrates terrorist attacks.
- lack reasonable sensitivity towards or capitalize on a natural disaster, atrocity, health crisis, conflict, death, or other tragic events.
- that contain or facilitate threats, harassment, or bullying.
- facilitate the sale of explosives, firearms, ammunition, or certain firearms accessories.
- facilitate the sale of marijuana or marijuana products
- facilitate the sale of tobacco (including e-cigarettes and vape pens) or encourage the illegal or inappropriate use of alcohol or tobacco.
- expose users to deceptive or harmful financial products and services.
- promote personal loans which require repayment in full in 60 days or less from the date the loan is issued
- promote real money gambling, games, contests
- facilitate or promote illegal activities.
- facilitate the sale or purchase of illegal drugs or prescription drugs without a prescription.
- depict or encourage the use or sale of drugs, alcohol, or tobacco by minors.
- Consists of instructions for growing or manufacturing illegal drugs.
- that promote unapproved substances, irrespective of any claims of legality.
The User agrees and acknowledges that he/she is a restricted user of this App and that he/she:
- Agrees to provide genuine credentials during the process of registration on the App. You shall not use a fictitious identity to register. We are not liable if the User has provided incorrect information.
- Agrees to ensure the email address, address, and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update his/her details anytime.
- Agrees that he/she is solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- Understands and acknowledges that the data submitted is manually entered into the database of the App and all data in the App should be backed by hard copies or appropriate evidence for the purpose of verifying the validity of the data. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference alone.
- Authorizes the App to use, store or otherwise process Your personal information and all published Content and User comments and reviews, and ratings for marketing and promotional purposes.
- Agrees not to access (or attempt to access) the App and/or the materials or services by any means other than through the interface provided by the App. The use of deep-link, robot, spider, or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or its content, or in any way reproduce or circumvent the navigational structure or presentation of the App, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App will lead to suspension or termination of the User’s access to the App, as detailed in Section 11 hereinbelow. The User acknowledges and agrees that by accessing or using the App or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent, or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the App.
- The App permits the User to post or upload data/information as user comments or reviews, and the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable or offensive may be removed from the App immediately and without notice, and further that the User’s access to the App may also be permanently revoked, at the sole discretion of the Company.
The User further undertakes not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate the legal rights of any other person or entity;
- ii. Engage in any activity that interferes with or disrupts access to the App or the services provided therein (or the servers and networks which are connected to the App);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Publish, post, or disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post or share any image/file/data with the Company that infringes the copyright, patent, or trademark of another person or legal entity;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the App;
- Download any file belonging to another User of the App that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
- Probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the App, or any other viewer of the App, including any User account, maintained on the App not operated/managed by the User, or exploit the App or information made available or offered by or through the App, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the App, systems resources, accounts, passwords, servers, or networks connected to or accessible through the App or any affiliated or linked platforms;
- Collect or store data about other Users of the App.
- Use the App or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this App or any other third party (ies);
- Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the App;
- Violate any applicable laws, rules, or regulations currently in force within or outside India;
- Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the App contained herein or elsewhere, whether made by amendment, modification, or otherwise;
- Threaten the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offense, or prevent the investigation of any offense, or insult any other nation.
- Publish, post, or disseminate information that is false, inaccurate, or misleading;
- Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Commit any act that causes the Company to lose (in whole or in part) the services of its Internet Establishment (“ISP”) or in any manner disrupts the services of any other supplier/service provider of the Company/App;
- Engage in advertising to, or solicitation of, other Users of the App to buy or sell any products or services not currently displayed on the App. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the App. It shall be a violation of these Terms to use any information obtained from the App to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another User of the App without the express prior written consent of the Company.
The User hereby expressly authorizes the Company/App to disclose any and all information relating to the User in the possession of the Company/App to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/App might be directed to disclose any information (including the identity of persons providing information or materials on the App) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
User-Generated Content moderation
Content will be monitored manually daily. Objectionable content will be removed within 24 – 48 hours of the content being posted on the app. The company will be in a constant endeavor to make the app safe for all the users. The company may bring automated software to keep a check on the harmful content.
The app has provided a user-friendly, in-app system for reporting objectionable UGC and taking action against that UGC where appropriate;
- The Users can report any content, comment, and another user if they find it inappropriate.
- The action will be taken within 24 – 48 hours
- The users can block another user.
- The blocked user can’t visit the profile page of the user who has blocked him/her.
- The blocked user can not like, bookmark, and comment on the content of the user who has blocked him/her.
- The user can block comments on his/her content
- The user can delete comments of another user on his/her content.
- Users who have been reported of doing objectionable activities will be removed
Deletion/Suspension of user access and activity
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the App, and/or refuse to usage of the Appto the User, without being required to provide the User with notice or cause:
- If the User is in breach any of these Terms or the Policy;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.
- Your use of the App,
- Any Discussions or Messages you provide;
- Your violation of these Terms and Conditions;
- Your violation of any rights of another;
- Your conduct in connection with the App;
- Your internal disputes amongst other Users; or
- You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent. In no event shall the Company/App be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ App had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the App and/or the services or materials contained therein.
Limitation of Liability
- The Founders/ Promoters/ Associated people of the App are not responsible for any consequences arising out of the following events:
- If the App is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.
- if the User has fed incorrect information or data or for any deletion of data
- if there is undue delay or inability to communicate through email
- if there is a failure in the functioning of any other service provided by the App.
- If there is a failure in the functioning of third party payment gateways.
- The App accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of the App or any service availed of by the User through the App. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The App will not be liable to you for the unavailability or failure of the App.
- Users may be held legally responsible for damages suffered by other Users, the App or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the App.
- Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
- The App expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the App and which is incurred by you in connection with the App, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
- To the fullest extent permitted by law, the App shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the App.
Intellectual Property Rights
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the App’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the App and other distinctive brand features of the App are the property of the Company. Furthermore, with respect to the App created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the App.
The User may not use any of the intellectual property displayed on the App in any manner that is likely to cause confusion among existing or prospective Users of the App, or that in any manner disparages or discredits the Company/App, to be determined in the sole discretion of the Company.
The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to any other User.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Disclaimer of warranties and liabilities
- The User agrees and undertakes that they are accessing the App and transacting at his/her sole risk and are that it is using his/her best and prudent judgment before availing any service listed on the App, or accessing/using any information displayed thereon.
- The User agrees that any kind of information, resources, activities, recommendations obtained/availed from App, written or oral, will not create any warranty and the App disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Users on the App and the App doesn’t make any warranty about the conduct of Users on the App.
- The Company/App does not guarantee that the functions, products and services contained in the App will be uninterrupted or error-free, or that the App or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the App.
- The App may avail services from third party to serve you better and these services will be provided on “as is” basis and the App disclaims any liabilities resulting from these third party services. The App will not be responsible for any internet delays and damages caused by such problems.
- It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy
Neither the Company nor the App shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
Dispute Resolution and Jurisdiction
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by theCompany, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Jaipur (Rajasthan), India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User writing an email to firstname.lastname@example.org
- Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
- Contact Us: If you have any questions about this Agreement, the practices of the App, or your experience with the Service, you can e-mail us at email@example.com