TERMS AND CONDITIONS

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

You (hereinafter referred to as "the User"), by buying the product and/or clicking on the check box
for acceptance of Terms and Conditions in product, hereby agree to be bound by the following
terms and conditions:

Even though you are the legal owner of the product, all the ownership rights, title and interest in the
Educational Content stored on the device belongs to Extramarks. You are only a licensee authorized
to use the said Educational Content stored on the device for a period not exceeding as activated by
the Activation Keys. On expiry of this period, Extramarks has full rights to delete/destroy the
content on the device unless the subscription is renewed by you.

Product Renewal: Extramarks will provide feature to renew the subscription after the earlier
subscription has expired. After the expiry date, a new subscription will have to be obtained.
Extramarks maintains the rights to delete the content on or after the expiry date.

Product Activation / subscription purchase (requires Internet): Extramarks Smart Study Pack can be
activated / purchased through in app purchase provided. The application binds the product to your
device and to date of activation. The product can only be used on the activated device. Any
manipulation of device date will make the product unusable.

The user agrees to independently verify the authenticity and veracity of the Educational Content
stored on the device. Extramarks does not take any responsibility as to the authenticity and veracity
of the Educational Content stored on the device. The user shall not bring any action against
Extramarks for any inaccuracy in the Educational Content and Extramarks will not be liable in any
such action, if taken, by the user.
Educational Content means the content of digital curriculum materials including animations,
graphics, video, pictures, software codes and audio etc. which have been created, sourced and/or
developed internally by Extramarks with considerable time and expense. It shall include all future
developments or additions made in the existing Educational Content. The intellectual properties,
concepts, development codes, etc. in the Educational Content belong exclusively to Extramarks.

MIS/Usage/Assessment/Application Error Data: Extramarks maintains the rights to synchronize

your usage/assessment data/application error logs for this product onto Extramarks Cloud server.

User's Uploaded Data: Extramarks maintains the rights to reuse/share the user's uploaded content
onto Extramarks Servers to enable community learning and sharing.

CHANGES TO EXTRAMARKS AND TERMS AND CONDITIONS

We reserve our right to modify or terminate the services offered on the site/in product for any
reason, without prior notice, without liability to the user or any other members or third party. We
also reserve 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.

ELIGIBILITY, REGISTRATION AND ACCESS

The decision to grant access to the services of the product is the prerogative of Extramarks and its
decision in this regard shall be final and binding on the user. The user consents that Extramarks
reserves its right to take all necessary measures to deny access to its services or the termination of
services, if the terms and conditions provided in this Agreement are not complied with or are
contravened or there is any violation of copyright, trademark or other valuable proprietary right as
described in this Agreement. In order to use the product, the user must obtain access to the Internet
for activation/renewal of the product, for GoOnline section, content updates and for synchronization
of usage and user's data to Extramarks Cloud Servers.

TERMS OF SERVICE (ToS)

1) The use of the product, or any of its services or features and user to user interface provided by
the product, 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 condition.

2) The user agrees that Extramarks has opinions regarding the subject matter contained in the
product and/or on the 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.
3) The answers, information, material and content have been bundled/posted on Extramarks by
exercising care and are correct and true to the best of the knowledge. However the user agrees to
independently verify the authenticity and veracity of the answers, information, material and content
on the product. Extramarks does not take any responsibility as to the authenticity and veracity of the
answers, information, material and content on the product. The user agrees to indemnify Extramarks
against all actions brought out in this regard. The answers, information, material and content on the
site should do not construed as an advice to the user. The user shall not bring any action against
Extramarks on this account and Extramarks shall not be liable in any such action, if taken, by the
user.

4) The user agrees and understands that the information available on the product is not meant for
supplementing the knowledge of the user and promises to hold free Extramarks of all liabilities that
may arise from the direct or indirect use of the information available on the product

5) The user understands that model questions/sample papers and their answers posted on the
product have been prepared by Extramarks based on the limited resources available at its disposal
and human errors may inadvertently creep in despite Extramarks' best efforts. The user agrees not to
hold Extramarks responsible for such errors or omissions. Extramarks does not provide any time
limit or provides any express or implied time warranty of any kind, regarding any matter pertaining
to the product. Extramarks does not provide any implied warranties of merchantability, fitness of
the site or any of its content for any general and/or particular purpose (unless specifically provided
herein). 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, mobile device
virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or
use of information contained in the product.

6) 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 such 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 site.

7) The user understands that Extramarks has tested the application on various devices but
Extramarks cannot be held responsible in case of any malfunction/damage on the device due to
application.

8) 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 product for any
purpose that constitutes a violation of the copyright of Extramarks or of a third-party information
provider.
9) The user agrees that he shall not alter the information, content or material or use of such
information, content or material contained on the product 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 any content available on the
product in any way for any use without obtaining the prior written consent from Extramarks.

10) The user agrees that he shall not solicit or invite other users to share the credits/points/license
ids/activation codes/etc. that he buys/earns, that accrue to him in his individual capacity; and agrees
not to sell the credits/points/license ids/activation codes/etc. 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/license ids/activation codes/etc. that he has sold or shared and shall forfeit all his
credits/points/license codes/activation keys/etc. accumulated and his account shall be terminated.
USER CONDUCT AND PROHIBITED ACTS

The content on the product is made available for your personal, non-commercial use only.
Businesses, organizations or other legal entities are strictly debarred from using the contents of the
product for any purpose.
You are prohibited from using the product or the content thereof for any illegal or unauthorized
purpose.
Examples of illegal or unauthorized uses include, but are not limited to:

1) modifying, adapting, translating, or reverse engineering any portion of the product or content
thereof;

2) removing any copyright, trademark or other proprietary rights notices contained in or on the
product or content thereof;

3) using device/software code to retrieve or index any portion or the product or content thereof;

4) collecting any information about other users (including usernames and/or email addresses) for
unauthorized purposes;

5) reformatting or framing any portion of the content/web pages that are part of the product or
content thereof; creating user accounts/license ids/activation code/ by automated means or under
false or fraudulent pretenses;

6) submitting information or material that infringe, misappropriate or violate the intellectual

property, publicity, privacy or other proprietary rights of any person;

7) transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;

8) submitting information or material that are unlawful or promote or encourage illegal activity; or
submitting false or misleading information.

9) harm minors, children and women in any way or "stalk" or otherwise harass others
10) submitting information that is obscene, voyeuristic or contains pornography or contain an
"indecent representation of women" within the meaning of any law for the time being on force;
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.
11) 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,

12) upload, post, email or otherwise transmit any Content that you do not 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);

13) 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;

14) intentionally or unintentionally violate any applicable local, state, national or international law

15) any other conduct, act or behavior that is illegal or unlawful.

While Extramarks prohibits such conduct and content on the product or content thereof, you
understand and agree that you nonetheless may be exposed to such information materials and that
you shall immediately inform Extramarks of such violation. If you continue to use the product or
content thereof you shall do so at your own risk and peril.

ADVERTISEMENTS
The product or content thereof may display advertisements. The user's correspondence or business
dealings with, or participation in promotions of, advertisers found on or through the product or
content thereof, including payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely between the user
and such advertiser. The user agrees that Extramarks shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the result of the presence of
such advertisers on the product or content thereof.

PROPRIETARY RIGHTS
You acknowledge and agree that the product or content thereof and any necessary software used in
connection with the same contains proprietary and confidential information that is protected by the
intellectual property and other laws of India. You further acknowledge and agree that material and
content contained in sponsor advertisements or information presented to you through the product or
content thereof or advertisers is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by Extramarks or advertisers, you agree
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

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1) Your use of the product or content thereof is at your sole risk. The product and content thereof 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 shall have no
liability to you for any interruption or delay in access to the product or content thereof irrespective
of the cause.

2) Extramarks makes no warranty that (i) the product or content thereof will meet your
requirements, (ii) the product or content thereof will be uninterrupted, timely, secure, or error- free,
(iii) the results that may be obtained from the use of the product or content thereof will be accurate
or reliable, (iv) the quality of any products, services, information, or other material purchased or
obtained by you through the product or content thereof will meet your expectations, and (v) any
errors in the software will be corrected.

3) Any material downloaded or otherwise obtained through the use of the product or content
thereof is done at your own discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the download of any such
material.

4) No advice or information, whether oral or written, obtained by you from Extramarks or through
or from the service shall create any warranty not expressly stated in this Agreement.

INDEMNITY
You agree 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 you submit, post
to or transmit through the service, your use of the Service, your connection to the Service, your
violation of this Agreement, or your violation of any rights of another.

NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any
portion of the product and / or content thereof.
MODIFICATIONS TO SERVICE
Extramarks reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the product or content thereof with or without notice. You agree that
Extramarks shall not be liable to you or to any third party for any modification, suspension or
discontinuance of the product or content thereof.

NOTICE
Notices to you may be made via either email or regular mail.

TRADEMARK INFORMATION
The product's and/or the content thereof's design and the service marks, and other logos and product
and service names are trademarks of Extramarks Education India Pvt. Ltd. You agree not to display
or use in any manner, the trademarks of Extramarks.

COPYRIGHT
The user agrees not to infringe the copyrights of Extramarks and other users in any manner
whatsoever. The user understands and acknowledges that copyright of all the content on the product
and / or the content thereof belongs exclusively to Extramarks.

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

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject
matter hereof and supersedes and replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject.

Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of India and any
dispute arising out the use of the site shall be subject to the exclusive jurisdiction of courts at Delhi,
India. If for any reason a court of competent jurisdiction finds any provision or portion of this
Agreement to be unenforceable, the remainder of the Agreement will continue in full force and
effect.

Information regarding auto-renewing subscription:

• Title of publication or service- Title of Publication Extramarks Education India Pvt LTD
and Product Extramarks Smart Study
• Length of subscription (Time period and/or content/services provided during each
subscription period)-( one week and three week )
• Payment will be charged to iTunes Account at confirmation of purchase.
• Price of subscription, and price per unit if appropriate-(One week package-Rs 500(INR) and
3 Weeks package- Rs 1,150 (INR))
• Subscription automatically renews, unless auto-renew is turned off at least 24-hours before
the end of the current period
• Account will be charged for renewal within 24-hours prior to the end of the current period,
and identify the cost of the renewal
• Subscriptions may be managed by the user and auto-renewal may be turned off by going to
the user's Account Settings after purchase
• Any unused portion of a free trial period, if offered, will be forfeited when the user
purchases a subscription to that publication, where applicable-There is no trial period in
Apple Subscription

Please visit http://www.extramarks.com for more details on the product, support, Warranty and
Terms and Conditions.
Copyright(c) 2016 Extramarks. All rights reserved. is the owner of the content and application; and
maintains the IP on it - duplication, modifying, adapting, translating, hacking, or reverse
engineering any portion of the Extramarks product will lead to infringement/violation of
Extramarks intellectual property.