Terms & Conditions / Privacy Policy

User Policy

Welcome to Smart Study Pack, an online learning platform supplementing the pursuit of academic excellence operated by Extramarks Education India Pvt Ltd (also referred to as Extramarks). By using Extramarks, you accept and agree to be bound by the following terms and conditions. Nothing contained in these Terms of Service (ToS) should be construed to confer any rights to a third party beneficiary.

Changes To Extramarks And Terms And Conditions

Extramarks reserves its right to modify or terminate the Extramarks service for any reason, without prior notice, without liability to the user or any other members or third party. Extramarks also reserves the right to modify the ToS from time to time without notice. The user agrees to regularly review the ToS to keep himself apprised of any such changes.

Terms Of Service

• The contents of the Application/products are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Application/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's products and / or Services, including the Application and content, are compatible only with certain devices/tablets/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 tablet/ type of compatible devices as required from time to time.
• The use of the site Extramarks, or any of its services or features and user to user interface provided by the site, the information and material contained therein implies and constitutes the user's consent to this agreement, the user unequivocally agrees to abide by these terms and conditions.
• In case of multiple year packs, access to all classes is given immediately on making the payment and the student can access content/classes as per his study requirements without any limitation of time or period.
• The user agrees that Extramarks has opinions regarding the subject matter contained on this site and these opinions regarding subject matters contained on the site may be different from those prevalent at that point of time. The user is aware and agrees that these opinions are subject to change from time to time without prior intimation to the user.
• The answers, information, material and content have been posted on Extramarks by exercising due diligence and care and are correct and true to the best of the knowledge and intent of the site. However the user agrees to independently verify the authenticity and veracity of the answers, information, material and content posted on the site.
• The user agrees and understands that the information available on the site is not meant for supplementing the knowledge of the user for competitive exams and promises to hold free the site of all liabilities that may arise from the direct or indirect use of the information available on the site.
• The user agrees that the time limits, if any, stipulated by the site for providing the answers to the queries of the user are only indicative and not definitive. The user understands that the queries of the user may not be answered in a time bound manner due to a high volume of queries at a given point of time.
• The user agrees that certain queries of the user may not be answered by the site due to the highly complex nature of the query, the answers to which can only be provided by having access to specialized and highly skilled resources that are not available with the site due to its limited resource base. The user agrees that answers to queries requiring detailed and advanced graphics is outside the ambit of these terms of service.
• The user understands that model questions / sample papers and their answers posted on the site have been prepared by the site based on the limited resources available at its disposal and human errors may inadvertently creep in despite the site’s best efforts. The user agrees not to hold the site responsible for such errors or omissions The site does not provide any time limit or provides any user agrees not to hold the site responsible for such errors or omissions. The site does not provide any time limit or provides any express or implied time warranty of any kind, regarding any matter pertaining to this service. The site for its services rendered does not provide any implied warranties of merchantability, fitness for a particular purpose. Extramarks shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained at this site.
• The user is aware and understands that Extramarks does not provide any judgment or warranty regarding the authenticity or correctness of the content of other services or sites that the screen links refer to. The user is aware and understands that a link to another service or site is not an endorsement of the service or site and Extramarks shall not be responsible in any manner whatsoever for the consequences of any act or omission on the part of the user on the basis of the information contained in such other services or sites.
• Extramarks reserves its right to monitor the use of all or any part of its service without any prior intimation or any obligation to the user.
• The user agrees that he shall not alter the information, content or material or use of such information, content or material contained on the site for any purpose that constitutes a violation of the copyright of Extramarks or of a third-party information provider. The user agrees not to copy, reproduce, republish, upload, post, transmit or distribute the material in any way for any use without obtaining the prior written consent from Extramarks.
• The user agrees that he shall not solicit or invite other users to share the credits/points/pack/course/anything else that he earns, that accrue to him in his individual capacity and agrees not to sell the credits/points/pack/course/anything else for any consideration to a third party. In case of a violation of this condition the user shall become liable to pay for the credits/points/course/pack/anything else that he has sold or shared and shall forfeit all his credits/points/course/pack/anything else accumulated and his account shall be terminated.
• If the user does not agree to any of the terms mentioned in this agreement, then the user should exit the site through his browser.

Access Security And Password

The user might receive a password and account designation upon completing the service's registration process. The user undertakes to maintain the confidentiality of the password and account, and shall be held solely responsible for all acts and omissions that occur under his password or account. Extramarks cannot and will not be liable for any loss or damage arising from the user's failure to comply with the terms and conditions of this agreement. The user should always remember to LOG OFF COMPLETELY from Extramarks, if he is accessing it from a public place and also change his password often, and be sure to change it to something inconspicuous.

User Conduct And Prohibited Acts

The Extramarks service is made available for personal, non-commercial use only. Broadcasting the same through any means, including but not limited to through the internet, television, handheld devices and other devices, is not permitted and will be considered as a breach of Intellectual Property Rights of the Company. The Company reserves the right to terminate the subscription without any prior notice and also to initiate any legal proceedings in case of such breach. Businesses, organizations or other legal entities are strictly debarred from using the Extramarks services for any purpose.

The user is prohibited from using the Extramarks service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from India. The user is solely responsible for his conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other material that he submits, posts, and displays on the Extramarks service. The site may at its sole discretion remove information, content or material that is incorrect, inaccurate, unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.

• Modifying, adapting, translating, or reverse engineering any portion of the Extramarks service;
• Removing any copyright, trademark or other proprietary rights notices contained in or on the Extramarks service;
• Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Extramarks service;
• Collecting any information about other users (including usernames and/or email addresses) for unauthorized purposes;
• Reformatting or framing any portion of the web pages that are part of the Extramarks service; creating user accounts by automated means or under false or fraudulent pretences;
• Creating or transmitting unwanted electronic communications such as spam or chain letters to other user or otherwise interfering with other user's enjoyment of the service;
• Submitting information or material of any third party without such third party's prior written consent;
• Directing any user (for example, by linking) to any information or material of any third party without such third party's prior written consent or the users consent;
• Submitting information or material that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
• Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
• Submitting information or material that are unlawful or promote or encourage illegal activity; or submitting false or misleading information.
• Harm minors, children and women in any way or stalk or otherwise harass others
• Submitting information that is obscene, voyeuristic or contains pornography or contain an indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or cause to be displayed or transmitted or circulated through the site in any electronic form, any material which is lascivious or appeal to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to the fact that the site is meant for educational and academic pursuit by students who are yet to reach an age capable of discerning the propriety of the material contained or embodied in such transmission.
• Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or a threat to the nation's communal harmony, peace and security.
• Upload, post, email or otherwise transmit any Content that the user doesn't have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
• Intentionally or unintentionally violate any applicable local, state, national or international law
• Any other conduct, act or behavior that is illegal or unlawful.

While Extramarks prohibits such conduct and content on its site, the user understands and agrees that he nonetheless may be exposed to such information materials and that he shall immediately inform Extramarks of such violation. If the user continues to use the Extramarks service he shall do so at his own risk and peril.

User Content

Certain elements of the site will contain material submitted by users. Extramarks accepts no responsibility for the material and contents, accuracy, conformity to applicable laws of such material.

Proprietary Rights

User acknowledges that all Intellectual Property Rights including but not limited to Copyright, Patent, Trademarks, trade secrets in the products, modules, contents and programs shall continue to vest with the Company at all times. The student/parent shall not have the right to claim any rights over the Intellectual Property in the programs by virtue of them purchasing such programs. Further, under no circumstances, shall the student/parent acquire the right to make copies. The user acknowledges that in the event of breach or threatened breach of this Clause, monetary damages may not be an adequate remedy, therefore, the Company in addition to other rights and remedies shall be entitled to injunctive relief to restrain the student/parent from any such breach, threatened or actual. User further acknowledges and agrees that material and content contained in sponsor advertisements or information presented to the user through the Extramarks services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Extramarks or advertisers, user agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Extramarks service, in whole or in part.

Disclaimer Of Warranties

User expressly understands and agrees that:

• We request You not to accept any product package that seems to be tampered with, opened or damaged at the time of delivery. The products must be returned in the same condition as delivered by the Company. Any products returned showing signs of any use or damage in any manner shall not be accepted for return.
• You acknowledge that the Company is not the manufacturer of the instrument/medium/hardware and hence, any defect relating to the same (beyond the specified period of 48 hours) shall be reported to the manufacturer whose details shall be specified on the packaging and the Company shall not be in any manner responsible for the same. The Company does not provide any guarantee or warranty relating to the instrument/medium/hardware.
• Use of the service is at the user's sole risk. The service is provided on an as is and as available basis. Extramarks expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• Extramarks makes no warranty that (i) the service will meet the user’s requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the user through the service will meet user's expectations, and (v) any errors in the software will be corrected.
• Any material downloaded or otherwise obtained through the use of the service is done at the user's own discretion and risk and that user will be solely responsible for any damage to the user's computer system or loss of data that results from the download of any such material.
• No advice or information, whether oral or written, obtained by the user from Extramarks or through or from the service shall create any warranty not expressly stated in the Tos.

Limitation Of Liability

Under no circumstances will Extramarks be liable to the user for any indirect, incidental, consequential, special or exemplary damage arising out of or in connection with use of the Extramarks service, whether or not Extramarks has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the Extramarks service, from inability to use the Extramarks service, or from the interruption, suspension, or termination of the Extramarks service (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Under no circumstances shall Extramarks be liable to the user for any amount exceeding one thousand rupees.

Indemnity

The user agrees to indemnify and hold Extramarks, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content the user submits, posts or transmits through the service, the user's use of the Service, the user's connection to the Service, the user's violation of the ToS, or the user's violation of any rights of another.

No Resale Of Service

The user agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Modifications To Service

Extramarks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. The user agrees that Extramarks shall not be liable to the user or to any third party for any modification, suspension or discontinuance of the service.

Notice

Notices to the user may be made via email or regular mail. The service of the site may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to the user generally on the service.

Trademark Information

The site design and the service marks, other logos, products and service names are trademarks of Extramarks Education India Pvt. Ltd. The user agrees not to display or use in any manner, the trademarks of Extramarks.

Copyright

Extramarks Education India Private Limited is a registered entity under the laws of India with all rights reserved here-in. The copyright of all materials provided on this website are held by Extramarks Education India Private Limited. None of the materials displayed on or within any Extramarks products including but not limited to website, SD Cards, Tablets etc, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, modified, altered, reverse engineered, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, screen snapshot/ screen captured, or otherwise, without prior written permission of Extramarks Education India Private Limited, the copyright owner.

Violations

Please report any violation of the terms and conditions of this agreement to feedback@extramarks.com

Force Majeure

Extramarks shall have no liability to the user for the matters where it has no control or which are beyond its control and fall in this category.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject.

Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of India and any dispute arising out of the use of the site shall be subject to the exclusive jurisdiction of courts at New Delhi, India. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The user shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent, any such purported assignment or delegation will be null and void and of no force or effect.

User Privacy Policy

The user consents that by subscribing/using the Company’ products, programs or any other services, it expressly allows the Company to improve pedagogy, learning outcomes, predictive learning and to store, use, analyze, distribute, or deal with in any other manner, as the Company deems appropriate, from the information/data captured by the Company through its unique pedagogy of learn, practice and test and from the Customer’s usage of Company’ products, programs or any other services as the Company, its associates or any third party as the Company may authorize.

The user's privacy is critically important to Extramarks. Extramarks has few fundamental principles:

• Extramarks asks its users to supply various personal data when placing an order, such as name, address, credit-card information, and valid E-mail id.
• Extramarks uses this data only for the purpose of filling an order, or communicating with the user about the status of an order.
• Extramarks treats this customer information as private and confidential, and it shall not disclose this information to other individuals or organizations unless required by law.

If the user feels that Extramarks has violated this Statement on Privacy in any way, please contact Extramarks at so that we may address this issue customersupport@extramarks.com

At Extramarks, the Pack expires as per the validity suggested at the time they are purchased. The subscription price will be made clear to you on our sign up pages or otherwise during the sign up process and may vary from time to time. You agree to pay at the rates notified to you at the time of your sign up. Sign up to premium content on our app is generally for a year. We may however choose to offer monthly payment options. If you choose to pay monthly, your subscription will continue until you tell us that you no longer wish to receive it, in which case you will stop paying the monthly amounts.

Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of India and any dispute arising out of the use of the site shall be subject to the exclusive jurisdiction of courts at New Delhi, India. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The user shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent, any such purported assignment or delegation will be null and void and of no force or effect.

Subscription Plan

Extramarks provides a personalized subscription based service that allows only the registered Users who have opted for any specific subscription plan (“Subscription Plan”) to access the content. To become a subscription user, you may be required to provide certain additional personal information as part of the registration process, and make payment of a Subscription Fee. The Subscription Fee specified for each Subscription Plan shall be inclusive of applicable taxes.

To become a Subscription User you must provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, example most major Credit Cards/ Debit Cards/ UPI/ Internet Banking/ Wallet etc. Extramarks will be using third party payment gateways to process and facilitate the payment of the Subscription Fee. On successful completion of the payment of the Subscription Fee and receipt of confirmation e-mail by Subscription User, the Subscription Plan subscribed by you will become active and you will be granted access to the specific content. In certain cases, post completion of the payment to the Subscription Fee, your access activation may be delayed due to operational reasons.

You understand and acknowledge that Extramarks only facilitates the third-party payment gateway for processing of payments. Other than providing a confirmation upon receipt of payment against a membership account, Extramarks disclaims any and all liabilities in relation to your payment processing by such third-party payment gateway service provider and the collection and processing of any information provided to third- party payment gateway service provider.

The Subscription Plans opted by you will be applicable for a specified period (“Subscription Term”) which may be a month, a quarter, six months, one year, or as indicated on the platform, from the date you subscribed the service. Service shall remain active for the relevant Subscription Term.

You can access the status of your subscription anytime through the “Profile” section under “Manage Subscription”.

We reserve the right to change, terminate or otherwise amend the Subscription Plans, Subscription Fees, and billing cycles at our sole discretion and at any time. Such amendments shall be effective upon posting on the Service. Your continued use of the Service shall be deemed to be your conclusive acceptance of all such amendments. If you do not accept, or do not wish to be subject to such amendments, your, sole recourse shall be to cancel your membership and discontinue using the Service.

To the maximum extent permitted under applicable law, the Subscription Fees billed are non-refundable irrespective of whether the Service have been availed or not, and there shall be no refunds or credits for partially used periods. You can cancel your Subscription at any time, and you will continue to have access to the Service through the end of your Subscription Term. Your Subscription Plan will continue to remain active till the end of the Subscription Term, irrespective of when you cancel the Service. Any request for change or cancellation in any Subscription Plan prior to the expiration of the current Subscription Term period will not entail you to a refund for any portion of the Subscription Fee for the unexpired period of the current Subscription Term. Any changes in the Subscription Plan opted by you is effective only after the expiry of the current Subscription Term for which you have already been billed.

The Service and any content accessed through the Service is for your personal and non-commercial use only.

The Subscription Fee will be billed as per your selected Payment Method for the Subscription Plan selected by you and shall be effective from the beginning of your Subscription Term, till the end of the Subscription Term, unless and until you cancel the Service, or the Service is otherwise suspended or discontinued, or the Subscription Plan/Fee is amended/ modified by us. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you shall be able to access the Service only after you set up the revised Valid Payment Method and subject to receipt of the Subscription Fee by us.