TERMS AND USE

Last Updated: July 2024

Conditions of Use

Welcome to store / platform (includes application(s)). XSEED Education PTE LTD or XSEED Education Private Limited or any of its related entity (hereinafter also referred as ‘XSEED’ or the ‘Company’ or ‘We’, collectively referred as ‘XSEED Group’) provides access to its application(s) and other platform(s) (including Report Bee) (hereinafter individually referred as the ‘platform’ and collectively as ‘platforms’) to you subject to the conditions set out on this page. The terms of this Policy form part of and should be read in conjunction with the End User License Agreement which govern the sale of the products/subscription on the platform and Privacy Policy of this platform.

1. Introduction

These terms and conditions shall govern your use of our platform.

1.1 By using our platform, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our platform.
1.2 If you register with our platform, submit any material to our platform or use any of our platform services, you expressly agree to these terms and conditions.
1.3 Our platform uses cookies; by using our platform or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.
1.4 The minimum age to use the platform is 18 (eighteen) years. By using the platform(s) and in order to be competent to contract under applicable law, You represent and warrant that You are at least 18 (eighteen) years of age or not a minor in any other jurisdiction from where you access the platform.

2. Licence to use platform

2.1 Basis a legally valid licenced subscription to our platform, you may
1. (a) view pages from our platform in a mobile or other device(s);
2. (b) download pages from our platform for limited purpose of caching;
3. (c) use or buy products from our platform for licensed purposes; subject to the provisions of these terms and conditions.
2.2 Except as expressly permitted in writing by XSEED, you must not download any material from our platform or save any such material to your device(s).
2.3 You may only use our platform for your own licensed purposes, and you must not use our platform for any commercial or any other unauthorised purposes.
2.4 You must not (or attempt to) edit or otherwise modify any material on our platform.
2.5 You must not:
1. (a) republish/copy any part of material from our platform (including republication on another platform);
2. (b) sell, rent or sub-license material from our platform, this includes complete prohibition on sharing of login credentials & passwords;
3. (c) show any material from our platform in public (including social media);
4. (d) exploit material from our platform for any commercial purpose;
5. (e) gift, lend, transfer or otherwise permit any other person or entity to access or use your platform account in any way whatsoever; or
6. (f) redistribute material from our platform.
2.6 We reserve the right to restrict access to any areas of our platform, or indeed our whole platform, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our platform.
2.7 The User hereby acknowledges that any and all Intellectual Property Rights and other proprietary rights in and in relation to the Platform and Services including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the platform (expressly excluding any personal information which the User has provided) shall vest wholly completely and fully with XSEED throughout the territory of the world and User shall have no right or claim to such Intellectual Property in any manner whatsoever.

3. Acceptable use

3.1. You must not-
1. (a) use our platform in any way or take any action that causes, or may cause, damage to the platform or impairment of the performance, availability or accessibility of the platform;
2. (b) use our platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
3. (c) use our platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
4. (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our platform without our express written consent;
5. (e) access or otherwise interact with our platform using any robot, spider or other automated means except for the purpose of search engine indexing;
6. (f) violate the directives set out in the robots.txt file for our platform; or
7. (g) use data collected from our platform for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing.
3.2. You must not use data collected from our platform to contact individuals, companies or other persons or entities.
3.3. You must ensure that all the information you supply to us through our platform, or in relation to our platform, is true, accurate, current, complete, and non-misleading.
3.4. You must not use any other person’s account to access the platform unless its permitted under these terms and you have that person’s express permission to do so.

4. Your content: license

4.1. In these terms and conditions, “your content” means contact details that you submit to us or our platform for storage, processing by, or transmission via, our platform.
4.2. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
4.3. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete or edit any or all of your content.

5. Your content: rules

5.1. You warrant and represent that your content will comply with these terms and conditions;
5.2 You are solely responsible for any and all content or information (including any personally identifiable information) that you post, upload, share, publish, link to, transmit, record, display or otherwise make available on the platform(s) or transmit to other platform users, including text messages, chat, audio, video, photographs, images, graphics or any combination thereof, whether publicly published or privately transmitted (hereinafter collectively referred as ‘User’s Content’). XSEED does not seek any personal information from the User(s) and User shall exercise discretion and consider the relevant laws and regulations when inputting any personally identifiable information or other information.
5.3 XSEED does not verify or validate the completeness, accuracy or truth of any User’s Content.
5.4 You shall not publish any offensive, inaccurate, incomplete, inappropriate, abusive, obscene, or illegal material or content that infringes or violates XSEED’s or any others rights (including intellectual property rights, and rights of privacy and publicity).
5.5 You represent and warrant that: all information that you submit upon creation of your account, is accurate, complete and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false.
5.6 You understand and agree that XSEED may monitor or review any User’s Content and may delete any User’s Content, in whole or in part, that in XSEED’s sole judgment violates these terms or may harm the reputation.
5.7 By publishing Content on the platform, You automatically grant XSEED an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up/royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the User’s Content, (ii) prepare derivative works of the User’s Content or incorporate the User’s Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any publishing and use of User’s Content by XSEED will not infringe or violate the rights of any third party.
5.8 You shall not publish, upload, modify, display, publish, transmit, update, share or otherwise make available content that promotes racism, bigotry, hatred etc., advocates harassment or intimidation of another person, relates to or promotes or encourages money laundering, sex trafficking or gambling, requests money from, or is intended to otherwise defraud, is offensive, false, misleading, untrue, unlawful, illegal, defamatory, harassing, disparaging, obscene, sexually explicit, blasphemous, scandalous, libelous, threatening, abusive, hateful, harmful, bigoted, racially offensive, invasive of privacy right of any person, or otherwise objectionable or inappropriate, belongs to another person and to which respective user are already aware that the same does not belong to you or that you do not have any right to the same, directly or indirectly deals with child pornography, is an illegal or unauthorized copy of copyrighted work, contains video, audio, photographs or images of a person without his or her permission (or in the case of a minor, the legal guardian/parent), contains unauthorised, restricted or password only access pages or hidden pages or images, provides material or any content that exploits people in a sexual, violent, obscene or other illegal manner, or solicits personal information from anyone for any purpose not expressly permitted hereunder, provides information about illegal activities prohibited by applicable laws, contains or disseminates viruses, time bombs, trojan horses, worms or other harmful or disruptive codes, components or devices, impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity, provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information) and solicits passwords or personal identifiable information for commercial, unauthorised or unlawful purposes from other users or disseminates another person’s personal information without his or her permission, contains any advertising or commercial messages not expressly permitted, infringes upon or violates any third party's right to privacy, including any intellectual property rights, hinders the platform’s functionality in any way or interferes, violates any applicable law for the time being in force.
5.9 We reserve the right, in our sole discretion, to investigate and take any legal action against anyone who violates this clause including deleting or removing the offending content from the platform and/or terminating or suspending the account of such violating users. Whilst We reserve our right to delete or remove such content, We do not guarantee that such offensive content will be removed or deleted. Failure by us to remove or delete such content does not waive our right to remove or delete the same in subsequent or similar cases.
5.10 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
5.11 Your content, and the use of your content by us in accordance with these terms and conditions, must not infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;

6. Limited warranties

6.1 We do not warrant or represent:
1. (a) the completeness or accuracy of the information published on our platform;
2. (b) that the material on the platform is up to date; or
3. (c) that the platform or any service on the platform will remain available.
6.2 We reserve the right to discontinue or alter any or all of our platform services/products, and to stop publishing our platform, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any platform services, or if we stop publishing the platform.
6.3 To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our platform, and the use of our platform.
6.4 We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of the platform.

7. Breaches of these terms and conditions

7.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
1. (a) send you one or more formal warnings;
2. (b) temporarily suspend your access to our platform;
3. (c) permanently prohibit you from accessing our platform;
4. (d) commence legal action against you, whether for breach of contract or otherwise; and/or
5. (e) suspend or delete your account on our platform.
7.2 Where we suspend or prohibit or block your access to our platform or a part of our platform, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

8. Variation

8.1 We may revise these terms and conditions from time to time.
8.2 The revised terms and conditions shall apply to the use of our platform from the specified date of the revised terms and conditions on the platform, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
8.3 Prices and availability are subject to change without notice.

9. Severability

9.1 If any provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
9.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

10. Communication

10.1 I hereby authorize and give consent to XSEED to send me, either through itself or through any third party service provider, from time to time various information/alerts/SMS/ other messages or calls or commercial communication and other services. I also confirm that by sending any of such messages/calls, I will not hold XSEED and its third party service provider liable/ institute complaint under the applicable regulations including any amendment thereof, as may be applicable from time to time.

11. Entire agreement

11.1 These terms and conditions (including the privacy policy, end user license agreement) shall constitute the entire agreement between you and XSEED in relation to your use of our platform and shall supersede all previous agreements between you and XSEED in relation to your use of our platform.

12. Our details

12.1 This platform is operated by XSEED.

13. Cyber Crime

13.1 The User(s) is under an absolute obligation to inform XSEED about any unauthorized access / Cyber Crime / Cyber contravention involving their accounts. If the User(s) fails to inform XSEED within 48 hours of the commission of such unauthorized access / Cyber Crime / Cyber contravention, XSEED shall not be under any obligation to extend any sort of assistance to the User(s). The User(s) alone is responsible to investigate, prosecute and file necessary legal actions and proceedings against the cyber criminals and other offenders and XSEED shall in no case be responsible to share the financial and investigation burdens of the user(s). XSEED will, however, endeavor to support user(s) in investigating such instances of cyber crime, if any, to the maximum extent possible.

14. Promotion Activities

14.1 XSEED may organize, inform and invite users to various educational/promotional events from time to time as per its policies.

15. Limitation of Liability

15.1 To the maximum extent permitted by applicable law, in no event will We be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the platform, result of using the platform including, without limitation, damages for recommendation of the platform, outcome of verification checks, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if We know or have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will We be liable for any liquidated or punitive damages.
15.2 To the maximum extent permitted by applicable law, in no event will We be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, liquidated, punitive arising out of or relating to recommendation of the platform, the conduct of any platform user or anyone else in connection with the use of the platform, including without limitation, bodily injury, emotional distress, mental stress, financial loss and/or any other losses or damages resulting from using the platform or any of the Content therefrom.
15.3 You agree to indemnify, defend and hold XSEED harmless, as well as our affiliates and each of their respective officers, directors, employees, agents, consultants, partners and other related or affiliated third parties, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorney fees) relating to or arising out of your use of the platform, including but not limited to (i) any violation by you of these terms, or (ii) any action arising from the content that you publish on the platform or using the platform that infringes any proprietary or intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party, or (iii) any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will co-operate fully in asserting any available defenses in such case.

16. Grievance

16.1 If the user(s) have any question, query, suggestion, complaint, grievance, etc. that the user(s) wish to share or report to the XSEED, then the user(s) are free to contact XSEED at 1800 102 7200 or write to XSEED at contact@xseededucation.com. The Grievance Officer will try to redress the complaints/grievances within one month from the date of receipt of complaint/grievance. Grievance/Complaints not reported in the manner specified in this clause would be rejected outrightly and no notice of the same shall be taken by the XSEED in any case whatsoever.

This Terms of Use shall be governed by the laws of India only and the courts at Haryana shall have the exclusive jurisdiction.