These Terms of Use (“Terms”) of (a) use of our Qureka Skool applications (“Application”), our website www.qurekaskool.com (“Website”) 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 CoolBoots Media Private Limited (“Company/We/Us/Our/Qureka Skool”) and its users (“User/You/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 thereunder, as amended from time to time.
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 the user 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 not 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 represents and warrants that all the data provided by You is accurate and complete and that user using the Application/Website/Services has obtained the consent of parents/legal guardian (in case of minors). The Company reserves the right to terminate Your account 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 and being a minor if you are unable to understand any clause or point of these terms then you must take the help for the same from your Parents or Legal Guardian who has consented you to use this Application/Website/Services.
Please read these Terms and the Privacy Policy of the Company/Qureka Skool (“Privacy Policy”) with respect to registration with us, the use of the Application, Website, Services and products carefully before using the Application, Website, Services or products. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or products, the provisions of the Terms shall prevail.
Your use/access/browsing of the Application or Website or the Services or products or registration through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same. If you do not agree with the Terms or the Privacy Policy, please do not use the Application or Website or avail the Services or products. Any access to our Services/Application/products through registrations is non-transferable and non-assignable.
Except as mentioned below, all information, content, material, trademarks, services marks, trade names, logo, and trade secrets including but not limited to the copyright, software, text, images, graphics, video, UI, design, script and audio, contained in the Application, Website, Services and products are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, 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 Application, 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 and all other 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 written consent of the respective third party.
Account Registration
1. In order to access certain features of the application, and to enroll for our services, you must register to create an account ("Qureka Skool Account ") and become a member. You may register to join the services directly via application or as described in this section.
2. As a teacher, you can register to join by signing up with us using your name, email and mobile number. As a student, you can register to join by logging into your account with your email id, Truecaller or certain third-party social networking sites ("SNS ") (Google and Facebook; each such account, a "Third-Party Account"), via our application, as described below. As part of the functionality of the application and services, you may link your Qureka Skool account with third-party accounts, by allowing Qureka Skool to access your third-party account, as permitted under the applicable terms and conditions that govern your use of each third-party account. You represent that you are entitled to disclose your third-party account login information to Qureka Skool and/or grant Qureka Skool access to your third-party account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable third-party account and without obligating Qureka Skool to pay any fees or making Qureka Skool subject to any usage limitations imposed by such third-party service providers. By granting Qureka Skool access to any third-party accounts, you understand that Qureka Skool will access, make available and store (if applicable) any content that you have provided to and stored in your third-party account (" SNS Content ") so that it is available on and through the application via your Qureka Skool account and Qureka Skool account profile page. Unless otherwise specified in these terms, all SNS Content, if any, will be considered to be member content for all purposes of these terms. Depending on the third-party accounts you choose and subject to the privacy settings that you have set in such third-party accounts, personally identifiable information that you post to your third-party accounts will be available on and through your Qureka Skool account on the application. Please note that if a third-party account or associated service becomes unavailable or Qureka Skool access to such third-party account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the application. You have the ability to disable the connection between your Qureka Skool account and your third-party accounts, at any time, by deleting your account accessing through "Settings" section of the application. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. Qureka Skool makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Qureka Skool is not responsible for any SNS Content under any circumstances.
3. Your Qureka Skool account and your Qureka Skool account profile page will be created for your use of the application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Qureka Skool account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Qureka Skool reserves the right to suspend or terminate your Qureka Skool account and your access to the application and services if you create more than one (1) Qureka Skool account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
4. You are solely responsible for safeguarding your Qureka Skool account. You agree that you will not disclose your account information to any third party and that you will take sole responsibility for any activities or actions under your Qureka Skool account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Qureka Skool account.
Usage of Application or Services
1. As a student, the application and services can be used to facilitate the users to enroll for revision quizzes. Such quizzes are included in listings on the Qureka Skool or can also be created by any teacher and then shared with the student using a unique code. To start playing quiz you must first register to create a Qureka Skool account (define below). Qureka Skool application/services are ONLY available to users from India. As a teacher, the application and services can be used to create revision quizzes for students, these revision quizzes can be made by adding questions by the teacher or a teacher also has the option to directly pick a readymade quiz from the application and then share it with their students on any platform of their choice like WhatsApp, email, telegram, etc. Once the students start playing the quiz created by the teacher, the teacher also gets real-time reports of the revision quiz on their dashboard. The teacher(s) shall be solely responsible for the content/quizzes created by them, Qureka Skool shall not have any liability pertaining to any quiz created and shared by the teacher. In case of any quiz created by the teacher is inappropriate in nature or against any law, that teacher shall be held solely responsible for the event and shall indemnify the Company to the fullest extent.
2. Qureka Skool makes available an online platform that provides various online quizzes based on the selected subjects for the students and also provides a platform for teachers to create revision quizzes that can be shared instantly with the students which the students can also play on Qureka Skool itself only. Unless explicitly specified otherwise in the Qureka Skool platform, Qureka Skool responsibilities are limited to facilitating the availability of the quizzes through the application. 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:
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.
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.
No User shall be permitted to perform any of the following prohibited activities while availing our Services: 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 and/or harassing another and/or inciting other to commit violence;
Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
Interfering with any other person's use or enjoyment of the Application/Website/Services;
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;
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;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;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;
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;
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;
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;
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;
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;
Alter or modify any part of the Services;
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 Violate any of the terms specified under the Terms for the use of the Application /Website/Services/products.
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/Website/Services/products 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 any liability for any such inaccuracies or errors to the fullest extent permitted by the law.
Our Application/Website 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 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.
The contents of the Application/Services/products are developed on the concepts covered in the structured curriculum syllabus prescribed for users of various courses. 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 curriculum pedagogy and inclusion of methods in the Application/Services/products does not imply endorsement of any particular method nor exclusion imply disapproval. Registering 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.
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.
The Company (including but not limited to its subsidiaries/affiliates) 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 and call, to give information about their offerings and products as well as notifications on various important 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 and holds the Company (including but not limited to its subsidiaries/affiliates) indemnified against any liabilities including financial penalties, damages, expenses in case the User's mobile number is registered with Do not Call (DNC) database.
Upon registration through any means whatsoever, the Company may contact You through the registered phone number/ e-mail or email provided by You to enable effective provision of Services. The User expressly permits the Company to contact him/her user utilizing 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, to analyze such usage and discuss the same with the User to enable effective and efficient usage of the Services. 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. 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.
In order to access the Services and to avail the use of the Application/Website/Services/products, you shall be required to register yourself with the Application/Services/products, and maintain an account with the Application/Services/products. You will be required to furnish certain information and details, including your name, email address, education board, your class, your subjects, school name (optional) if required, phone number (not for all users) and any other information deemed necessary by the Application. With respect to the provision of information, the following may be noted:-
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.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, consultants 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 any term of these Terms or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.
In no event 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 whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application/Website/Services.
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 available to the Company as per the law. Any violation by You of the terms of this Clause 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. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Gurugram and You hereby accede to and accept the jurisdiction of such courts. 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.
DISCLAIMER: 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 SITE, 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.
General Provisions:
Notice: 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 team@qurekaskool.com Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitute the entire agreement between the Company and You with respect to Your access to or use of the Application, Website and the Services thereof.
Quiz Listings
1. For users who register as a student, Qureka Skool will create listing of various online quizzes and the details about the quiz which will be listed on the application. Listings will be made publicly available via application and services. You understand and agree that the placement or ranking of listings may depend on a variety of factors, including, but not limited to user(s) preferences, ratings.
2. Registered Users (who registered as a student) will be able to view quizzes via application and services based upon the information provided during registration, user requirements and preferences and would also be able to join a quiz which their teacher has shared with them via a link/ a unique code.
3. For users who register as a teacher, Qureka Skool will allow them to create a revision quiz by either adding their own questions or by using questions from the question bank of Qureka Skool or by picking up readymade quizzes from the explore section of the application. These revision quizzes can then be shared with students who can play the same on Qureka Skool.
4. Please note that Qureka Skool assumes no responsibility for a user's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Qureka Skool reserves the right, at any time and without prior notice, to remove or disable access to any user for any reason, that Qureka Skool, in its sole discretion, considers to be objectionable for any reason, in violation of these terms or Qureka Skool then-current standards, trademark & branding guidelines, or otherwise harmful to the Application or Services.
Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company's rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
Severability: 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.
Waiver: 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.
Relationship: 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.
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.
Feedback:
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. Please exercise caution while accessing the Application.
Customer Care:
We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at team@qurekaskool.com or write to us at the following address:
Team Qureka Skool
C/o CoolBoots Media Private Limited
402 ABC, Centrum Plaza, Sector 53, Golf Course Road, Gurugram– 122002 (HR)
Call - 01244663531