Terms and Conditions
Terms & Conditions
These Terms & Conditions (“Terms”) of (a) use of our website www.tataclassedge.com (“Website”), our applications (“Application”) or any products or services in connection with the Application/, Website/products (“Services”) or (b) any modes of registrations or usage of products, including through SD cards, tablets or other storage/transmitting device are between Tata ClassEdge, A Division of Tata Industries Limited having its principal place of business at Datamatics Business Solutions, 3 rd Floor, Plot No A 16-17, Part B Cross Lane, MIDC, Andheri (E), Mumbai-400093, INDIA (hereinafter referred to as “Company/We/Us/Our”) and its users acting on their own or acting as a guardian on behalf of a minor (hereinafter referred to as “User/You/Your”).
These Terms constitute an electronic record in accordance with the provisions of the InformationTechnology Act, 2000 and the Information Technology(Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
Your use/access/browsing of the Application or Website or the Services or products or registration (with or without payment/with or without a subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
The Website/Application is an online platform where Users can gain access to materials that help them prepare for academic subjects required for K-12 classes. The User can register themselves online or on app downloaded from any Appstore and then gain access to the syllabus, course, digital content,questions, etc. (“Study Material”) after paying the money for the Study Material.
The Study Materials shall be unlocked based on the subscription plan purchased by the User for such Study Material.The Company shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or any other instrument, including loss of data or effect on the processing speed, resulting from Your use of Our Products and Services.
To use the Services provided on the Website and Application, it is mandatory to create an account. A User may create an account on the Website or through an Application which shall collect only Your basic TCE confidential information. To create an account, You need to choose a username and password. You also have the option of using Your social media accounts, such as Facebook or Google Plus account, to create Your Tata ClassEdge Account. You must keep Your account and registration details current and correct for communications related to Your purchases from the Website.
You are solely responsible for protecting the confidentiality of Your username and password collectively called login credentials and any activity under the account will be deemed to have been done by You. In the event You provide Us with false/inaccurate details or the Company has a reasonable ground to believe that false and inaccurate information has been furnished, We hold the right to permanently suspend Your account. It is Your sole responsibility to ensure that the account information provided by You is accurate, complete and latest.
You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify the Company of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, We may request You to change the password or We may suspend Your account without any liability to the Company, for such period of time as We deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to You for any damages arising from Your inability to log into Your account and access the services of the Application at any time.
In case You want Us to contact You regarding the product or services, You are required to provide your contact information such as but not limited to, Full Name, Mobile Number, Email etc. By accepting these Terms, You are giving Your consent to receive a SMS/Call /mail from Us or Our representative with reference to this solicited inquiry even though you may be registered on the National Do Not Call Registry.
Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act,1872 shall be eligible to register for the Application and all Our products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our products or Services. As a minor, if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will TCE CONFIDENTIALnot be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that the student using the Application has obtained the consent of a parent/legal guardian (in case of minors). The Company reserves the right to terminate Your subscription and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Application.
Transactions on the Website and Application are secure and protected. Any information entered by the User when transacting on the Website or Application is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by, or retained by the Company / Website / Application in any manner. This information is supplied by the User directly to the relevant payment gateway, which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
6. License Access and User Obligations
Your use of Our products, Website, Application, and Services is solely for Your personal and non- commercial use. Any use of the Application, Website, Services or products or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Application, Website, products and/or Our Services shall be subjected to the following restrictions:
i. You may not decompile, reverse engineer, or disassemble the contents of the Application and / or Our Website and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and / or Our Website and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or and / or Our Website and/or Services/products.
ii. You will not (a) use this Application and / or Our Website and/or any of Our product/s or Service/s for commercial purposes of any kind, or (b) advertise or sell the Application or any products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Application and / or Website/Our products and Services in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company.
iii. No User shall be permitted to perform any of the following prohibited activities while availing Our Services:
a. 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;
b. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
c. Transmitting material that encourages anyone to commit a criminal offense, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
d. Interfering with any other person’s use or enjoyment of the Application/Website/Services;
e. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
f. Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship unless You own or control the rights thereto or have received all necessary consents for such use of the content;
g. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
h. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware,time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
i. Access or use the Application/Website/Services/products in any manner that could damage, disable, overburden or impair any of the Application’s/Website’s servers or the networks connected to any of the servers on which the Application/Website is hosted;
j. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application/Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/Services/products, or engage in any activity prohibited by these Terms;
k. Disrupt or interfere with the security of, or otherwise cause harm to, the Application/Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Website/Services/products or any affiliated or linked sites;
l. Interfere with, or inhibit any user from using and enjoying access to the Application/Website/ Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Application/Website/Services/products;
m. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services/products, to access, acquire, copy or monitor any portion of the Application /Website/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/products;
n. Alter or modify any part of the Services;
o. Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law,regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
p. Violate any of the terms specified under the Terms for the use of the Application/Website/Services/products.
iv. By submitting content on or through the Services (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 such Material in any and all media or distribution methods (now known or later developed) and to associate Your Material with You, except as described below. You agree that others may use Your Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose Your Material in accordance with these Terms. If You delete Your user account, Your Material and name may remain available through the Services
v. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to otherUsers in any 24-hour period which We deem appropriate in our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/Application) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
vi. We have no obligation to monitor the Materials posted on the Website by You. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
The Company may, based on any form of access to the Application (including free download/trials) or Services or Website or registrations through any source whatsoever, contact the User through SMS,email, WhatsApp and call, to give information about its products as well as notifications on various TCE CONFIDENTIALimportant updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail, WhatsApp and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database. By registering yourself, You agree to make Your contact details available to Our employees, associates and partners so that You may be contacted for education information and promotions through telephone, SMS, email, WhatsApp etc. You can opt out from such communication and/or newsletters either by unsubscribing on the Website itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to firstname.lastname@example.org
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of Our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
The following payment options are available on the Website/Application:
1. Domestic credit cards issued by banks and financial institutions that are part of the Visa and Master Card networks;
2. Rupay, Visa & Master Card Debit cards;
3. Netbanking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of purchase.
4. Payment Wallets
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex/RuPay, the User will be required to submit his/her 16-digit card number, card expiry date CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company.
The User is further aware that in case of third-party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. To successfully subscribe on the Website, the User is required to complete the transaction by making the payment for the services opted for. User will be charged a non-refundable enrolment fee along with the package subscription fee. This is a one-time fee for providing access to the ClassEdge platform and for guidance on using the platform (e.g., activation help, setting up student's syllabus), counselling service if availed, cost for user verification and cost of payment gateway charges.
9. Intellectual Property Rights
Except as specifically mentioned in these Terms, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, logos, images, graphics, video, script and audio, contained in the Application, Website, Services and products TCE CONFIDENTIALare proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, recorded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on this Application or Website or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. You may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, You recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks andother intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party. The Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If You decide to access a link of any third- party websites, You do so entirely at Your own risk and expense.
10. Disclaimer of Representation and Warranties
(i) In the preparation of the Application/Website/Services/products 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 here, the Company disclaims any responsibility for any errors and accuracy of the information that may be
contained in the Application. Any feedback from User is most welcome to make the Application and contents thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
(ii) Our Website/Application provides Users with access to compiled educational information and related sources. Such information is provided on an “As Is” basis and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Website/Application may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that We endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without the Company’s prior written consent.
(iii) The contents of the Application/Services/products are developed on the concepts covered in the structured curriculum prescribed by various boards. The usage of the Application/Services/products is not endorsed as a substitution to the curriculum based education 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 basic definitions and formulae of the subject matter would remain the same. The Company acknowledges that there are various means of delivering structured TCE CONFIDENTIALcurriculum pedagogy and inclusion of methods in the Application/Services/products does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Application or usage of Our Services/Website/products does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
(iv) Certain contents in the Application/Services/Website/products (in particular relating to assistance in preparations for administrative services) may contain opinions and views. The Company shall not be responsible for such opinions or any claims resulting from them. Further, the Company makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
(v) Some parts of the Services are interactive, and We encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. The Company accepts no responsibility or liability for any material communicated by third parties in this way. The Company reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, We will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether We have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.
(vi) While the Company may, based on the User’s confirmation, facilitate the demonstration of its products at the location sought by the User, the User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the products and that User has relied solely on the investigations, examinations and inspections as the User has chosen to make and that the Company has afforded the User the opportunity for full and complete investigations, examinations and inspections.
(vii) Upon registration through any means whatsoever, the Company may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services. The User expressly permits the Company to contact him/her and the student utilising the Services, through the above-mentioned means at any time post registration. Further, the Company shall have the right to monitor the download and usage of the Application/Services/products and the contents thereof by the User/student, to analyze such usage and discuss the same with the User/student to enable effective and efficient usage of the Services. The User expressly permits the Company to clear the doubts of the student using the Application/Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail on express consent of the legal guardian/parent of the User or through any other forum.
(viii) While the Company has made efforts to train the personnel engaged in the sales and services relating to its products to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Company reserves the right and discretion to take any action in this regard.
(ix) Access to certain elements of the Services including doubt clearance, mentoring services etc may be subject to separate terms, conditions and fair usage policy. The Company reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Application/products or registrations do not TCE CONFIDENTIALautomatically entitle the User to any and all elements of Services provided by the Company and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion.
(x) The Company may conduct competitions from time to time and You agree to allow the Company to use the submissions by You including but not limited to videos, written content, craft work etc for promotional purposes. All rights will be reserved by the Company for usage of such submissions by You. You additionally permit the Company to use every kind of information submitted by You like photos, videos etc. for promotional campaigns as it so pleases and You will cease to have any rights on the same once Your submissions are made to the Company.
(xi) The Company’s products and / or Services, including the Application and content,are compatible only with certain devices/tablets/instruments/hardware. The Company shall not be obligated to provide workable products and / or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Company’s products and Services. The company reserves the right to upgrade the table/ type of compatible devices as required from time to time.
(xii) The Company shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of Our products and Services.
(xiii) The Website hosts information provided by third parties. We are in no manner responsible to You for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy, but We are not responsible for the information so furnished. You agree to not hold Us liable for the falsification of any such provided information.
(xiv) The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, the Company has the right to amend these Terms from time to time without prior notice to You. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.
This Website, the Application and the services are provided on an “As is” basis with all faults and without any warranty of any kind. The Company hereby disclaims all warranties and conditions with regard to the website, application/products and the services, including without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, accuracy, timeliness, performance, completeness, suitability and non-infringement. Additionally, the Company shall not be liable for any damages arising out of or in connection with the use or performance of this Website, or the Application or the Services. Your use of any information or materials on this Website/Application/Services/Products is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that Services provided by Us meet Your specific requirements.
12. Refund, Cancellation & Expiration Policy
User can cancel the subscription by calling the customer care number mentioned on our website www.tatastudi.com. Cancellation of subscribed services will be as per the billing plan selected by the subscriber during the time of sign up. Cancellation of monthly subscription is not permitted. Cancellation is only allowed for subscriptions that are identified as refundable under the applicable billing plan opted by the subscriber. The cancellation request will be processed after 10 days from receipt of cancellation request. The cancellation will be affected from the end of monthly billing cycle of the refundable subscription. The refund amount will be calculated based on monthly subscription rate for the time the subscription was active. After deducting the amount of the active period based on monthly subscription rate, the balance amount will be refunded. The refund amount if any will be credited to same account/instrument used for purchase of the subscription.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Application/Website/Services; (ii) Your violation of these Terms or any other policy of the Company;(iii) Your violation of any third party right, including without limitation, any copyright, property, orprivacy right; or (iv) any claim that Your use of the Application/Website/Services has caused damage to a third party in any way. This defense and indemnification obligation will survive these Terms.
15. Limitation of Liability
In no event shall the Company, its officers, directors, employees, partners or suppliers be liable to You,the vendor 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 or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Applications, Products, Services or materials. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by law, in no event will Company be liable for any amounts in excess of the aggregate of the subscription fees paid by the User to Company for that particular account during the six (6) month period prior to the date the cause of action arose.
16. Governing Law and Jurisdiction
The Terms shall be governed by and construed and enforced in accordance with laws of India and shall be binding upon the parties hereto in India and worldwide. The appropriate courts at Mumbai, India shall have exclusive jurisdiction to adjudicate any dispute arising out of these Terms.
17. General Provisions
(i) In the event of Your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company, therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.
(ii) All notices served by the Company shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to email@example.com.
(iv) You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company’s rights and obligations under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
(v) If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
(vi) Any failure by the Company to enforce or exercise any provision of the Terms, or any related right,shall not constitute a waiver by the Company of that provision or right.
(vii) You acknowledge that Your participation on the Application, does not make You an employee or agency or partnership or joint venture or franchise of the Company.
(viii) The Company provides these Terms so that You are aware of the terms that apply to your use of the Website/Application and Services. You acknowledge that, the Company has given You a reasonable opportunity to review these Terms and that You have agreed to them.
(ix) Any violation by You of these Terms may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
(x) If You breach any provision of these Terms or any other agreements or policies referred to herein and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms or any other such agreement or policy.
(xi) Your obligations and Our rights and remedies set out in these Terms are cumulative and are in addition to Your obligations and Our rights and remedies at law or in equity.
Any feedback You provide with respect to the Application shall be deemed to be non-confidential. The Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances unless specified.
Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive. You must exercise caution while accessing the Application.
19. Customer Support
To find more information about Our Website, Services, products and platform or if You need assistance with Your account, please visit Tata ClassEdge Customer Support at:
Phone: +91 75066 17777
If You have concerns relating to the Website or these Terms, please contact Us:
a. For Website related concern: firstname.lastname@example.org
b. For Terms related concern: Legal@tataclassedge.com
The following terms and conditions (T&Cs) are applicable to #WhoIsYourSanta contest held by Tata Class Edge, a Division of Tata Industries Limited (the “Organiser”) on its official Social Media platforms (Facebook & Instagram).
(a) #WhoIsYourSanta is a contest which is open to all participants residing in India aged 18 and above. The contest details will be uploaded on our brand social media pages (Facebook & Instagram). #WhoIsYourSanta is a contest where the contestants will need to comment on the post by tagging a person and stating the reasoning for the same and it will be posted on our brand social media pages (Facebook and Instagram) on 24th December at 5 PM evening. The contest will run on 24th December at 5 PM evening. Only one entry is allowed per user per Contest.
(b) To enter the contest, the contestant needs to like and follow the brand page on the platform (Facebook or Instagram) through which they are participating in the contest and comment by tagging a person. No responsibility is accepted for any contest entries that are incomplete, tagged incorrectly, unreadable, ineligible, corrupted, misdirected, lost or delayed or are unable to be sent/ published due to technical or transmission failures of any kind or any other reason.
(c) Entries will be judged by the Organiser on their merits and/or be selected at random based on the fulfillment of criteria stated for the Contest(s). Prize winners will be notified via private message from the Organiser via the social media platform of the Contest they participated in. Should the winner be uncontactable or does not reply within 24 hours, the Organiser reserves the right to award the prize to a replacement winner.
(d) 3 winners will be declared among all the entries received through Facebook and Instagram. 3 winners will be announced and each winner will get a gift voucher of value INR 1000. The gift voucher will reach within one month of the announcement of the winners. In the event of a dispute, the winner’s entitlement is subject to the sole discretion and final decision of the Organiser. Prizes must be taken as they are and are strictly not refundable or exchangeable for cash or extendable in validity.
(e) Each participant warrants that its entry submission is the original work of the participant and not copied from another participant or another entity.
(f) By participating in the #WhoIsYourSanta contest, you agree to all of the T&Cs mentioned herein. If you do not agree with the T&Cs mentioned herein, you are requested to refrain from participating & sending your entries for the contest.
(g) The contest and gratifications are a property of the Organiser. Organiser reserves the right to cancel or amend all or any part of the contest without notice for any event that is outside the reasonable control of the Organiser.
(h) Participation after or before the specified dates does not hold the Organiser liable for any gratifications.
(i) By entering the contest, you hereby declare that all information submitted by you in your Entry is true, accurate and complete in every respect. Organiser reserves the right to verify any information contained in your Entry and/or your eligibility to enter the competition.
(j) Any person that is: (a) an employee of the Organiser involved in the competition); or (b) a family member of such employee, is not eligible to enter the competition. The Organiser reserves the right to disqualify any person that it knows is, or has reasonable grounds to believe is, ineligible for the contest as a result of this rule.
(k) This contest is subject to the laws of India and is not offered outside of India. These terms and conditions are governed in accordance with the laws of India. Any dispute shall be subject to the exclusive jurisdiction of Mumbai.
(l) The Organiser may change the contest dates, gratification, and right of participation at any given time, without prior notice. You are requested to keep yourself updated about the same. The Organiser may contact you and engage with you in the future, based on the information you provide.
(m) Absolute and final discretion about any aspect of the #WhoIsYourSanta contest will be with the Organiser. You agree that the Organiser (and any third party authorized by the Organiser) may use your Entry or details (whether or not it wins the Contest) for any promotional purpose.
(n) You confirm your Entry is original that you own. The Organiser has the copyright and other intellectual property rights in the entry for the purposes referred to in these Rules. You will retain ownership of copyright in your Entry but you give the Organiser (and any third party authorized by the Organiser) your irrevocable permission to use, reproduce, publish, display, transmit, copy, amend, store, sell and sub-license your entry worldwide for such promotional purposes and for the purposes of the Contest.
(o) The Organiser accepts no responsibility for any damage, loss, injury or disappointment of any kind suffered by any entrant while entering the Contest. The Organiser accepts no responsibility for Entries lost, damaged or delayed in the post, or due to computer error in transit
(p) You agree to indemnify the Organiser for all such damages (including but not limited to IPR) that the Organiser or its group companies may suffer for using your entry.
(q) All queries must be addressed to Tata ClassEdge (A division of Tata Industries Limited) Datamatics Business Solutions, 3rd Floor, Plot No A 16-17, Part B Cross Lane, MIDC, Andheri (E), Mumbai-400093, India. In the event of any dispute regarding the Rules, the conduct or results of the #StudiQuizFest contest, or any other matter relating to it, the decision of the Organiser shall be final and unchallengeable and no correspondence or discussion shall be entered into, comment issued, or reason given in respect of any decision made by the Organiser.
(r) Participation in the Contest is not linked, directly or indirectly, to purchase of any product or service from the Organiser.
(s) Each entrant acknowledges and agrees that to the fullest extent permitted by laws, the Organiser has the right to seek damages or other remedies from any entrant, responsible for such attempt, if any attempt to deliberately damage any website or undermine the operation of this contest would be made. By participating in this contest, you agree that no claim shall be asserted against the Organiser, affiliates or any of their respective directors, officers, employees or agents in respect to any and all losses or injuries (including without limitation special, indirect or consequential losses), damages, rights, claims or actions of any kind whatsoever that result from your participation in this contest and/or your acceptance and enjoyment of the prize.
(t) The Organiser shall not be responsible for any loss or damage, if it has to discontinue or cancel this contest in compliance with any law, ruling, order, regulation, requirement or instruction of any Central/State Government, or for any other unavoidable reason beyond their control. Participants shall be informed of such discontinuance/cancellation as soon as possible. Contest entries will be void where prohibited or restricted by law. The Organiser reserves the right, at any time, to verify the validity of entries, entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process.
Errors and omissions may be accepted at the Organiser’s discretion. Failure by the Organiser to enforce any of its rights at any stage does not constitute a waiver of those rights. Incomplete, indecipherable or incorrect entries are not eligible to win.
(u) The Organiser has the right to dismiss participant’s entry at its sole discretion including but not limited to pertaining any of the following conditions: (i) Use of false or other people’s personal information for entry; or (ii) Usage of any software program or unfair means or any other means to get added advantage over the other contestants; or (iii) Multiple entries using multiple accounts. Income tax, gift tax or any other statutory levies as may be applicable from time to time, arising out of the gift shall be payable by the winner(s). The Organiser is not liable for any of these charges.
(v) The Organiser shall not be liable for any damage/loss of prize due to incorrect address or any other incorrect information/or any information not provided by the winner. In the event of a death of the prize winner, no claim from the nominees or legal heirs of the prize winner will be entertained for receiving the prize. It is strictly prohibited to post entries, language & photographs that contain expressions of hate, abuse, offensive photographs or conduct, obscenity, pornography, sexually explicit, hurting sentiments of any religion, community or country or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions or the Advertising Code. Further the contestant hereby confirms that he/she shall be entering his/her own views and posting original photographs taken by him to which the Organiser does not subscribe and indemnifies the Organizer in personal capacity in all manner whatsoever against any action taken by the authorities.
(w) The Organiser, its agents and representatives, its parent companies, affiliates, subsidiaries, advertising, promotion and fulfilment agencies and legal advisors are not responsible for and will not be liable for (I) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures or difficulties of any kind; (II) failed, incomplete, garbled or delayed computer transmissions; (III) any printing or typographical error in any material associated with the contest.
(x) Limitation-of-Liability: Except when prohibited by law and to the extent that the negative consequences are the results of matters within the reasonable control of the Organiser and are the direct consequence of negligence, the breach of these Official Rules or other defaults by any of them, the Organiser is not responsible for any incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Website, for the inability to upload or download any contest-related materials from the Website, if any, or for late, lost, damaged, misdirected, delayed, garbled, inaccurate, stolen, incorrect or incomplete Entries. The maximum liability of the Organiser under any circumstances or claims shall be limited to the cost of the prize offered. The Organiser is not responsible for any injuries, losses or damages of any kinds caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in this contest.