1.Introduction

Welcome to the website “www.infakt.co.in” (“Website”) and its related mobile learning application (“Application”) (collectively referred to as “Platform”). For the purposes of these Terms of Service, accessing of the Platform together with any study material (“Content”) made available, uploaded or downloaded therefrom and shall hereinafter be collectively referred to as the “Services”. The Platform is owned by Warden Education Technologies Private Limited, a company incorporated under Companies Act, 1956, having its registered office at Warden House, 340, JJ Road, Byculla, Mumbai, Maharashtra –400008.

These Terms of Service are a legal, binding contract between every user (“You”, “Your”, or “User”) and Warden Education Technologies Private Limited (“We”, “Us”, “Our”, or “Warden”). Please read these terms and conditions carefully. The following Terms of Service govern Your use and access of the Platform and/or Services. By using or accessing the Platform in any way, including registering on the Platform, using, sharing, browsing and/or downloading any Services, You agree to be bound by the Terms of Service set forth herein. If You do not agree to these Terms of Service, do not access and/or use this Platform or the Services.

For the purposes of these Terms of Service, the term “User(s)” includes: (i) students who access the Platform for learning or educational content; (ii) teachers, trainers, or mentors who use the Platform to provide instruction or guidance; (iii) educational institutions, coaching centres, or employers who procure or facilitate access to the Services on behalf of their students, staff, or employees; and (iv) any other individuals authorized to use the Services under a valid account.

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services is restricted to User(s) with accounts only. You shall not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by Us for Your specific use. A breach of this provision may be an offence under the Applicable Laws including but not limited to the Information Technology Act, 2000.

We reserve the right to update these Terms of Service from time to time without any prior notice to the User. Please read the whole document carefully before using Our Platform or Our Services, as using them (with or without subscription fees/payment) will indicate Your acceptance to Our Terms of Service.

2. Definitions & Interpretations

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule I will apply to these Terms of Service.

3.Eligibility

In order to avail the Services provided on the Platform, You must be legally competent, within the meaning of the Indian Contract Act, 1872, to enter into binding, legal contracts such as these Terms of Service. Page 1 of 17 If You are a purchaser of these Services on behalf of a school/educational institution, You agree that the school/ educational institution and each of its students to whom access to the Services shall be provided, is bound by these Terms of Service.

4.General Use of Services; User Restrictions

You agree to comply with any and all the guidelines, notices, operating rules, policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by Us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and You are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

Further, You agree and undertake NOT to:

• Impersonate any person or entity or to falsely state or otherwise misrepresent Your affiliation with any person or entity;
• Use the Platform or Services for illegal or immoral purposes;
• Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
• Post, promote or transmit through the Platform or Services any Prohibited Materials;
• Interfere with another User’s utilization and enjoyment of the Platform or Services;
• Use or upload, in any way, any software or material that contains, or which You have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another User’s Platform or Services; and
• Use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other Applicable Laws.

We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents You from accessing the Platform or any part of the Services. We reserve the right, but shall not be obliged to:

1. Monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in Our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
2. Prevent or restrict access of any User to the Platform and/or the Services;
3. Report any activity it suspects to be in violation of any Applicable Law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
4. To request any information and data from You in connection with Your use of the Services and/or access of the Platform at any time and to exercise Our right under this paragraph if You refuse to divulge such information and/or data or if You provide or if We have reasonable grounds to suspect that You have provided inaccurate, misleading or fraudulent information and/or data.

Purchases of any Services would be subject to these Terms of Service. In addition to these Terms of Service, the use of specific aspects of the Services, or updated versions of the Services offered by Us or Our designated sub-contractors, may be subject to additional terms and conditions, which shall be notified to You from time to time, and such additional terms and conditions will apply in full force and effect. You hereby acknowledge and agree to be bound to the additional terms and conditions as notified by Us from time to me.

5.Limited License

Subject to the terms and conditions of these Terms of Service, We grant the User a personal, limited, non exclusive, non-transferable, non-sub-licensable, and revocable license to avail the Services on the Platform and to access the Content. The Content provided / uploaded directly by Warden is for educational and informational purposes only. While Warden uses reasonable efforts to ensure that Warden Content is accurate and up to date, Warden makes no representations or warranties regarding its completeness, reliability, or fitness for any particular purpose.

The Services may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Warden. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Platform or of Warden and/or its affiliates without the express written consent of Warden. You may not use any meta tags or any other “hidden text” utilizing the Our name or trademarks without the express written consent of the Warden. Any unauthorized commercial use of Our Services shall attract immediate termination of Your relationship with Warden and subsequent monetary penalization as We may deem fit. Termination and penalisation for the breach will not alter or affect Our right to exercise any other legal remedies for such breach. You shall not interfere with or circumvent any feature of the Services, including any security or access control mechanism. If you are prohibited under Applicable Law from using the Service, you may not use it.

Warden gives You a limited right and option to modify the Content as per Your requirements (“Modified Content“). You agree and undertake that any modifications, alterations, or changes made to the Content provided by Us, whether intentional or unintentional, shall be Your sole responsibility. Warden disclaims any liability or responsibility for the accuracy, completeness, or consequences of such modifications made by You, in the Content.

You further acknowledge that You are responsible for the accuracy, legality, quality, integrity, and intellectual property ownership rights of the Modified Content. You must ensure that the Modified Content complies with these Terms of Service, along with Warden’s Privacy Policy and other applicable policies, laws and regulations. You agree that You will not modify the Content on the Platform, in a manner that is contrary to the Terms of Service and Our Privacy Policy, or any other policy of Warden, as updated from time to time, or that is contrary to applicable laws and regulations.

You agree to use the Platform only in compliance with these Terms of Service and Applicable Law, and in a manner that does not violate legal rights of Warden or those of any third party(ies).

6. Feedback

If You choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

7.Third Party Content

Some of the information or other materials available on or through the Services may have been prepared by third parties not affiliated with Warden, including other Users (“Third Party Content”). Warden makes no representations or warranties regarding any Third Party Content and assumes no responsibility or liability for its accuracy, completeness, reliability, legality, or usefulness. Without limiting the foregoing, Warden shall not be responsible or liable for any Third Party Content that is defamatory, libelous, slanderous, obscene, offensive, or otherwise harmful to individuals, communities, or religious or cultural sentiments.Any reliance on Third Party Content shall be at your own risk.. The Services may include links to websites and services provided by third party(ies) (“Third-Party Links”). Your interaction with these Third-Party Links will be subject to the terms (including privacy policies) established by such Third-Party Links. Warden is not responsible for, and does not endorse or warrant in any way, any materials, information, goods or services available through or advertised on such Third-Party Links, or the privacy or other practices of the Third-Party Links. The inclusion of any Third-Party Links does not imply endorsement by Warden of those sites or any association with its operators. WARDEN DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD-PARTY. WARDEN EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO YOUR PERSONAL OR OTHER INFORMATION THAT MAY BE COLLECTED, PROCESSED, SHARED OR RETAINED BY ANY THIRD-PARTY.

8.Communications

When You install Our app on Your mobile device, You agree to receive push notifications, which are messages an app sends You on Your mobile device when the app is not on. You can turn off notifications by visiting Your mobile device’s “settings” page.

9.Privacy Policy

The Platform does not disclose, share, publish or sell the User’s information to any third-party, otherwise than in accordance with Warden’s Privacy Policy. You hereby provide Your consent that when You use the Platform, We may collect certain personal information from You. Such collection of information shall be in accordance with Our Privacy Policy [Note: Please insert link to privacy policy here] which is incorporated into these Terms of Service by reference. You acknowledge and agree that Your submission of such Page 4 of 17 information is voluntary on Your part. Disclosures of information to third-party(ies) are further addressed in Our Privacy Policy.

10.Disclaimer of Warranties and Liabilities

You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and Services are provided by Us, is on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, satisfactory quality or fitness for a particular purpose. We shall not be liable for any third-party product or services. You also acknowledge that Our Platform and its related functions may contain bugs, errors and/or other defects which We do not claim any liability of. Your access to Our Platform and other related links is at Your sole risk.

While every effort is made by Us to keep the Platform up and running smoothly, We take no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond Our control.

You understand and agree (on behalf of yourself and/or a child User) that the use of the Services may require electricity, internet connectivity, properly functioning device, and telecommunication links without which the Services will not be accessible, and that You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs. We will not be liable for any issues in the Services that arise directly or indirectly due to faulty or lack of electricity, internet connectivity, device and/or telecommunication links.

Without limiting the foregoing, Warden makes no warranty that the Services provided:

1. will be timely, reliable and error/bug free;
2. will meet the User’s requirements;
3. will ensure that all errors are corrected; and
4. will be compatible with all operating systems, smart phones, tablets, laptops, desktops, networks, including all versions of them.

You accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by Us or Our officers, employees or agents to third parties purporting to be You or purporting to act under Your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, and delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.

You also acknowledge that You shall be solely responsible for any and all damage to the computer system or any data as a result of download of any materials provided in the Services. You expressly agree and acknowledge that the Services on the Platform are solely for educational information purposes only, and is in no way, a substitute for Your academic curriculum. Warden and its affiliates, subsidiaries, directors, agents, and employees and third-party(ies) associated with the Platform make no warranty of any kind regarding the outcome and/or results of any examination taken by the User.

11.Limitation of Liability

Warden, its affiliates, officers, directors, employees, partners or agents, shall in no event be liable for any losses or damages including any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services.

Warden advises its User(s) to verify every information available on the Platform before taking it into consideration. In the event of a technical issue arising due to reasons solely attributable to Warden, We shall strive to resolve such issue within a reasonable time period from the day when such issue is brought to Our notice. We shall not be liable for any damages, liability or losses arising out of: (i) Your and/or a child user’s use of or reliance on the Services, or Your and/or a child user’s inability to access or use the Services due to your non-compliance with these Terms of Service , the Privacy Policy, or any additional user terms; or (ii) any transaction or relationship between You and/or a child user and any third party service provider; or (iii) defaults of any third party service providers which are providing Platform related services to Us; or (iv) any event that is beyond Our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, pandemic, act of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to Your and/or a child user’s or storage device, crashes, breach of security and encryption, power or electricity failure or unavailability of adequate power or electricity, or any unauthorized act of third party service provider engaged by Us in accordance with these Terms of Service and the Privacy Policy.

We shall not be liable for any misinformation, inaccurate data, data theft, system damage, or any other loss occurring as a result of Third-Party Links.

The terms and policies of Warden do not govern the use of Third-Party Links. The limitations and exclusions in this Clause 11 apply to the maximum extent permitted by Applicable Law.

12.User Content

You agree that You are solely responsible for the content that You or Your authorized users create, transmit, display, upload, use, store and/or redistribute while using Our Services. User(s) must understand that, if any confidential or personally identifiable information is used in the Services then it may be viewed, read, modified and/or deleted by other User(s) of the Services. User(s) must also agree that We have no obligation with respect to any User content. We shall not be responsible or liable for the deletion, correction, destruction, damage or loss of any User content. If We receive notice that any content created by a User while using the Services violates any law or infringes any third-party rights, We shall have the right to immediately delete such content and to further suspend the User’s access to the Services without any prior notice and without liability.

You acknowledge that You are responsible for the accuracy, legality, quality, integrity, and intellectual property ownership rights of Your content. You must ensure that Your content complies with these Terms of Service, along with Warden’s Privacy Policy and other applicable policies, laws and regulations. You acknowledge that We may access, use, preserve, or disclose Your account information and user content in pursuant of a court order or directions from law enforcement agencies. You agree that disclosure is reasonably necessary to (i) comply with legal process or request; (ii) enforce these Terms of Service; (iii) security or technical issues; (iv) detect or prevent fraud; and (v) protect the rights, property or safety of Warden, its Users, or the public as permitted by law.

You agree that You will not upload on the Platform, any content that is contrary to the Terms of Service and Our Privacy Policy, or any other policy of Warden, as updated from time to time, or that is contrary to applicable laws and regulations, or infringes any third party rights. If any such content is uploaded on the Platform from Your account in any manner and for any reason whatsoever, You shall ensure that such content is deleted from the Platform and Your account immediately. In such event, We reserve the right to remove such content directly without notice and without liability.

If You, as a User of the Platform, upload or provide any content, You retain ownership of such content, but grant Us a worldwide, non-exclusive, royalty-free and perpetual license to host, display, and use such content for providing the Services.

13.Registration and Payment

Users may create their accounts to use the Services (“User Account”) either (i) directly with Warden under its freemium model, in which case they will have access only to the limited features and limited content offered under Warden’s freemium plan; or (ii) through their School, in which case their access and usage shall be governed by the agreement entered into between Warden and the School, and the School shall be responsible for payment of applicable subscription fees.

You shall be required to input a username and password, created by You, to establish the User Account. The User Account so created shall collect personally identifiable information of your authorized users (“Personal Data”) – name, email address, mobile number and other contact details. You also have the option of linking Your social media accounts to Your User Account but the same shall be subject to compliance with the terms and conditions of that particular social media company. You must keep Your account and registration details current and correct for communications related to Your purchases from the Platform.

We may in Our sole and absolute discretion for the purposes of rendering the Services, request updating of the Personal Data provided by You, failing which we may be compelled to invalidate the username and/or password and in which case the Services may be interrupted. You agree that, We shall not be liable or responsible for any Losses suffered by You or arising out of or in connection with or by reason of such interruption. You hereby agree to change your password from time to time and to keep the username and password confidential and shall be responsible for the security of Your User Account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password. You are to notify Us immediately if You have knowledge that or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorized use of the username and/or password or if Your Personal Data requires updating.

By creating the User Account, You agree to the terms required to protect the confidentiality of username and password for the User Account and shall solely be liable for any activity conducted through the User Account. You agree to accept all risk and responsibilities for activity done under the User Account. You also agree to receive SMS/Emails from Warden (“Promotional Communications”) regarding curriculum material and other related purchases made by You. You may subsequently opt out of receiving Promotional Communications by clicking on the appropriate hyperlink in any Promotional Communications sent to You by Warden.

Warden reserves the right and sole discretion to refuse access to the Platform, terminate any User Account, remove/restrict content at any time, with or without notice to You, in case any illegal or immoral activity being conducted from Your User Account is brought to Our notice, or We have reason to believe that any information provided by You is incomplete, inaccurate or outdated.

We may determine subscription plans which shall allow access to the Platform and usage of the Services upon payment for the same made by You (“Subscription Fees”). These subscription plans may be available on the Platform from time to time and We may at our sole discretion modify the same. You are responsible for any taxes, including goods and services tax, resulting from Your use of the Platform. All Subscription Fees are non-refundable.

Failure to pay: If the User fails to pay the Subscription Fees pursuant to the purchase of the Services, or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Us, We shall be entitled to cancel the purchase or suspend delivery of the Services until payment is made in full.

14.Acceptable

Use When using the Platform and Services, You agree to comply with the following acceptable use requirements:

Permitted Use: You may use the Platform only for lawful purposes and in accordance with these Terms of Service, our Privacy Policy, and applicable laws and regulations.

Prohibited Conduct: You shall not, directly or indirectly:

1. Upload, post, transmit, or share any content that is unlawful, harmful, obscene, defamatory, discriminatory, harassing, infringing, or otherwise objectionable.
2. Use the Platform for cheating, plagiarism, or other forms of academic dishonesty.
3. Share, sell, rent, or otherwise allow another person to access Your account or impersonate another User.
4. Upload or transmit any viruses, malware, or other harmful code, or otherwise interfere with the security or functionality of the Platform.
5. Attempt to gain unauthorized access to the Platform, reverse engineer, decompile, or tamper with any part of the Services.
6. Engage in excessive or abusive use that disrupts the normal operation of the Platform.

Respect for Others: You must treat other Users with courtesy and respect and may not use the Platform to harass, threaten, or abuse others.

Consequences of Violation: Any violation of this Section may result in immediate suspension or termination of Your account, removal of prohibited content, reporting to relevant authorities, and/or legal action, as we deem appropriate.

15. Terms for Users

If You are under the age of 18 (eighteen), You may use the Services only with the consent and supervision of a parent or legal guardian, who must accept these Terms of Service on Your behalf..

If You, as a school or educational institution, are availing the Services for minor students, You are responsible for informing the parent(s) or legal guardian(s) of such students about these Terms of Service and for obtaining their acceptance to these Terms of Service on behalf of such students/minors.

If You are accessing the Services on behalf of an educational institution (including a school, college, coaching centre, or employer), You represent and warrant that You are duly authorised by such institution to accept these Terms of Service on its behalf.

In the event a minor accesses or uses the Services, it shall be deemed that such access or use is with the consent and supervision of the minor’s parent(s) or legal guardian(s), and that the parent(s) or legal guardian(s) have accepted these Terms of Service on the minor’s behalf

Warden will not be responsible for any consequence that arises as a result of usage of Our Platform or any of Our Services by a minor. By using the Services, You warrant that all the data provided by You is accurate and complete and that such data have been provided by You with your informed consent in accordance with our Privacy Policy.

We reserve the right to terminate Your subscription and / or refuse to provide You with access to the Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the Services is not provided by Your parent(s)/legal guardian or any information provided by You is inaccurate.

You acknowledge that Warden 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. In the event a minor is sharing his/her Personal Data, Warden shall, in accordance with our Privacy Policy, take reasonable efforts to obtain appropriate consent from the parents or legal guardians of such minor.

16. Intellectual Property Rights

All information including but not limited to Warden’s content, trade names, logo, images and Services are the exclusive property (“Intellectual Property”) of Warden Education Technologies Private Limited and its affiliates, agents, directors and employees, and no such Intellectual Property may be reproduced, copied, re-published, posted, distributed or transmitted in any way without the prior consent of Warden.

We respect the intellectual property rights of others, and You agree to protect Our Intellectual Property rights and the intellectual property rights of all others having rights in the Platform during and after the term of these Terms of Services. We restrict Users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of third-party(ies). No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without Our prior written permission. Permission will only be granted to You to use the Services for personal and non-commercial uses (unless otherwise agreed by Us in writing), provided that You do not modify the content of the Services and that We retain all proprietary rights contained in the Services. You shall not download or infringe upon the Our proprietary information in any manner, unless explicitly permitted by Us in writing.

Trademarks: The Trademarks are registered and unregistered trademarks of Us or third parties. Nothing on the Platform and in these Terms of Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without Our written permission or any other applicable trademark owner.

You hereby agree and declare that you shall not at any time:

1. Take any action which shall or may impair Our or Our service provider’s right, title or interest to the said marks or create any right, title or interest therein or thereto which may be adverse to Us or the service providers respectively; Use the said marks upon or in relation to any goods other than those displayed on the Platform or for any other purpose; (iii) Register deceptively similar marks in any additional class or country.
2. Use the said marks upon or in relation to any goods other than those displayed on the Platform or for any other purpose;
3. Register deceptively similar marks in any additional class or country

In the event that We become aware of an alleged intellectual property rights complaints that do not comply with these Terms of Service or Applicable Laws, We shall endeavor to promptly remove or disable access to the illegal infringing material. We may also terminate the User Accounts of the infringers.

If You are an owner of any intellectual property, or an agent thereof and You believe that any content on the Platform infringes upon Your intellectual property rights, You may send a notice to Us via email at it@infakt.co.in

References on the Platform to any names, marks, products or services of third-party(ies) or Third-Party Links or information are provided solely as a convenience to You and do not, in any way, constitute or imply the Our endorsement, sponsorship or recommendation of the third-party, the information, its product or services.

17.Representations and Warranties

You represent and warrant that You have the necessary right, license, authorization or permission to use the Services and to post, upload or publish any video, image, text, software, information or any content on the Platform. You hereby agree that by posting, uploading or publishing the same on Our Platform, You have authorized Us to use or reference the same without any restrictions.

Termination

These Terms of Service are effective unless and until terminated by either You or Us. We may, in Our sole discretion, immediately terminate, limit or suspend Your account, delete Your registration, other information, and/or prohibit You from using or accessing the Platform without any notice,

(i)If You have violated any of the provisions in these Terms of Service or Applicable Law;

(ii)On non-payment of Subscription Fees when due;

(iii) If You engage in fraud, misuse of the Services, or any activity that may cause harm or reputational damage to Us, the Platform, or other Users; or

(iv) If You become insolvent, make an arrangement with creditors, are subject to bankruptcy or winding up proceedings, or cease to carry on business.

Where Your access to the Platform or Services is provided through an educational institution, employer, or other organization that is responsible for payment of Subscription Fees on Your behalf, Your access may be suspended or terminated if such institution or organization fails to make timely payment, notwithstanding that You may not be directly responsible for such payment.

If You wish to terminate Your User Account, You may do so by following the instructions on the Platform.

On termination, You lose the right to access or use the Platform. However, any such termination of the User Account shall not affect Your obligation to pay for Services already purchased from the Platform or affect any liability that may have arisen under the User Account prior to the date of termination.

Upon termination of Your account, We shall delete Your personal data in accordance with our Privacy Policy and Applicable Law.

19.Notices

Notices from Us: All notices or other communications given to You if:

1. Communicated through any print or electronic media as We may select will be deemed to be notified to You on the date of publication or broadcast; or
2. Sent by post or left at Your last known address will be deemed to be received by You on the day following such posting or on the day when it was so left.

Notices from You: You may only give notice to Us in writing sent to our designated address or e-mail address, and We shall be deemed to have received such notice only upon receipt. While We endeavour to respond promptly to notices from You, We cannot guarantee that We will always respond with consistent speed.

21.Cancellations

All sales made on the Platform are final and You shall not be entitled to cancel Your purchase once You have received confirmation of the same. We reserve the sole right to cancel any order as per Our discretion in case (i) We are unable to deliver the order in a satisfactory manner and/ or (ii) the User tries to take advantage of the system which violates the Terms of Service. We will ensure that any communication of cancellation of an order or any applicable refund will be made within a reasonable period of time.

22.Indemnity

You hereby agree that You shall, indemnify, defend, and hold harmless Warden, including but not limited to its affiliates, agents, directors, and employees from and against any and all Losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by virtue of, any breach, including any unauthorized commercial use of the Services provided in Clause 5, or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Service. Further, You agree to hold Us harmless against any claims made by any third-party due to, or arising out of, or in connection with, Your use of the Platform, any claim that Your material caused damage to a third-party, Your violation of the terms of service, or Your violation of any rights of another, including any intellectual property rights.

In no event shall Warden, its officers, directors, employees, agents or suppliers 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, 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 Platform and its Services.

The limitations and exclusions in this Clause 20 apply to the maximum extent permitted by applicable law.

22. Grievances Redressal

You agree to use the Platform and any related materials or Services at Your sole risk and that We will have no liability to You for the content that may be deemed offensive, indecent, or objectionable. All complaints, queries and suggestions should be sent by email our grievance officer at:

Name: Designation: Contract Details: it@infakt.co.in Address:

23. Miscellaneous

22.1. Governing Law, Dispute Resolution and Jurisdiction

These Terms of Service are governed by the laws of India. Any dispute, controversy, or claim arising out of or in connection with these Terms of Service or the use of the Platform shall be subject to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), as amended from time to time.
The arbitration shall be conducted by a sole arbitrator appointed in accordance with the said Arbitration Act. The seat and venue of arbitration shall be Mumbai, Maharashtra, and the language of arbitration shall be English.

Subject to the foregoing, the courts at Mumbai, Maharashtra shall have exclusive jurisdiction.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Service or use of the Platform must be filed within a period of 60 (sixty) days after such claim or cause of action arose, or be forever barred.

22.2. Cumulative Rights and Remedies

Unless otherwise provided under these Terms of Service, the provisions of these Terms of Service and Our rights and remedies under these Terms are cumulative and without prejudice to any other rights or remedies available to Us in law or in equity.
No exercise by Us of any one right or remedy shall operate to hinder or prevent Our exercise of any other right or remedy.

22.3. No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Warden as a result of these Terms of Service or Your use of the Platform.

22.4. Headings

Headings used in these Terms of Service are for reference purposes only and do not define or limit the scope of the clauses.

22.5. Severability

If any provision of these Terms of Service is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

22.6. Force Majeure

Warden shall not be liable for any non-availability of any portion of the Platform or subscribed content caused by acts of God, war, disease, revolution, riot, civil commotion, strike, lockout, pandemic, epidemic, lockdown, flood, fire, failure of public utilities, manmade disaster, infrastructure failure, or any other cause beyond Warden’s control.

22.7. Waiver

The failure of Warden to act with respect to a breach of these Terms of Service by You or others does not constitute a waiver of any of Our rights with respect to such breach or subsequent breaches.

22.8. Survival

The obligations under Clauses 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, and 15 shall survive any expiration or termination of these Terms of Service.

22.9. Confidentiality

You agree to keep confidential the explicit terms of your engagement, if any, with Warden, and to treat the Services with the same degree of confidentiality as you would your own confidential information.

22.10. Rights of Third Parties

A person or entity who is not a party to these Terms of Service shall have no right under the Indian Contract Act, 1872, or similar legislation, to enforce any term of these Terms.
This shall not affect the rights of any permitted assignee or transferee of these Terms.

22.11. Injunctive Relief

We may seek immediate injunctive relief if We determine, in good faith, that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

22.12. Amendments

We may, by notice through the Platform or other methods of communication (including email), vary the terms and conditions of these Terms of Service.
Such variation shall take effect on the date specified. Continued use of the Platform or Services after such date constitutes acceptance of the variation.
If You do not accept the variation, You must cease using the Platform and Services and terminate these Terms as described in Clause 17 (Termination).

22.13. Correction of Errors

Any typographical, clerical, or other error or omission in any acceptance, invoice, or document on Our part shall be subject to correction without any liability on Our part.

22.14. Currency

All monetary references under these Terms of Service are in Indian Rupees (INR).

22.15. Language

In the event that these Terms of Service are executed or translated in a language other than English, the English version shall govern and take precedence.

22.16. Binding and Conclusive

You acknowledge and agree that any records (including records of telephone conversations, if any) maintained by Us or Our service providers relating to the Platform or Services shall be binding and conclusive on You for all purposes.
Such records are admissible in evidence, and You waive any right to dispute their admissibility merely on the basis that they are in electronic form.

22.17. Sub-contracting and Delegation

We reserve the right to delegate or sub-contract the performance of any of Our functions in connection with the Platform or Services and to use service providers, sub-contractors, and/or agents on such terms as We deem appropriate.

22.18. School Agreements

We may enter into separate written agreements (“School Agreements”) with institutional clients, including schools, colleges, coaching centres, and other educational institutions.
In the event of any inconsistency between these Terms of Service and any applicable School Agreement, the provisions of the School Agreement shall prevail to the extent of such inconsistency.

SCHEDULE I

1. DEFINITIONS AND INTERPRETATION

1.1. Definitions

• “Applicable Law” means any statute, regulation, rule, policy, directive, guideline, or similar legal instrument having the force of law in any jurisdiction, as amended from time to time.

• “Intellectual Property” means all forms of proprietary rights including copyrights, patents, trademarks, designs, trade secrets, and goodwill, whether registered or not.

• “Losses” means all penalties, settlements, costs (including legal fees), expenses, claims, demands, or liabilities, foreseeable or not.

• “Personal Data” means data that can identify, contact, or locate You, including name, email, address, phone number, and payment information.

• “Prohibited Material” means any material that:
  (i) contains a virus or harmful code;
  (ii) infringes third-party rights;
  (iii) is defamatory or threatening;
  (iv) is obscene, fraudulent, or illegal; or
  (v) is offensive or objectionable in Our sole opinion.

• “Trademarks” means all trademarks, service marks, trade names, and logos used on the Platform.

1.2. Interpretation

• References to statutes include their amendments and re-enactments.

• “Include,” “includes,” or “including” shall be deemed to mean “without limitation.”

• References to “days” mean calendar days; “months” mean calendar months.

• Clause headings are for convenience only.

• In case of any conflict or inconsistency, the provision more favorable to Us shall prevail.